STAND. COM. REP. NO.  597

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 601

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Housing, to which was referred H.B. No. 601 entitled:

"A BILL FOR AN ACT RELATING TO SERVICE ANIMALS,"

begs leave to report as follows:

     The purpose of this bill is to:

(1)  Conform state law regarding dog licensing with the Americans With Disabilities Act (ADA);

     (2)  Conform state law relating to public places and public conveyances to ADA; and

     (3)  Amend the definition of "service animal" and add a definition for "comfort animal" in state law relating to Fair Housing Act requirements for non-discrimination in real property transaction the sale and rental of housing.

     The Disability and Communication Access Board, Hawaii Fi-Do Service and Therapy Dogs, and several concerned individuals supported this bill.  Two concerned individuals supported the intent of this measure.  Hawaii First and a concerned individual opposed this bill.  The Hawaii Civil Rights Commission and a concerned individual offered comments.

     Your Committee has amended this bill by, among other things:

     (1)  Repealing provisions whereby a dog approved by the             Director of Finance to be a service dog will be so             designated on the license;

     (2)  Repealing the definition of "service dog" under section        143-4, Hawaii Revised Statutes (HRS), relating to the              issuance of license and tags, and under section 347-13,       HRS, relating to the blind, partially blind, physically        handicapped with respect to public places and public             conveyances;

     (3)  Deleting the definition of "comfort animal" and eliminating references to "comfort animal" throughout the bill;

     (4)  Requiring the Director of Finance to adopt rules for the licensure of service dogs, rather than specifying guide and signal dogs;

     (5)  Changing terms relating to persons who are blind, deaf,        visually impaired, physically handicapped and disabled        to "persons with disabilities";

(6)  Changing terms relating to handicapped or physically handicapped person to "person with a physical disability";

(7)  Limiting who can be accompanied by a service dog, to a person with a physical disability;

(8)  Limiting the liability for damage to premises or facilities by a service dog, to a person with a physical disability; and

     (9)  Making technical, nonsubstantive amendments for clarity,      consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 601, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 601, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Housing,

____________________________

RIDA T.R. CABANILLA, Chair