STAND. COM. REP. NO.  150-14

Honolulu, Hawaii

                , 2014

RE:   H.B. No. 1420

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 1420 entitled:

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

begs leave to report as follows:

The purpose of this measure is to address concerns that individuals without disabilities may abuse the allowances made for service animals in public accommodations by, amongst other things:

     (1)  Requiring county animal control officers, or similar appropriate county agencies, to issue service dog tags to the owners or handlers of qualified service dogs;

     (2)  Prohibiting any person from owning or being a handler of a dog that wears a service dog tag not issued by a county animal control officer or appropriate county animal control agency; and

     (3)  Requiring any person with the right to be accompanied by a service dog to ensure the dog wears service tags and a leash, harness, or cape that identifies the dog as service dogs.   

The Pacific Pet Alliance testified in support of the measure.  The Department of the Attorney General, Hawaii Civil Rights Commission, and one concerned individual testified in opposition.  The Department of Customer Services of the City and County of Honolulu and Hawaii Disability Rights Center provided comments.  

     Your Committee has amended this measure by:

     (1)  Deleting proposed language that would have:

          (A)  Required county animal control officers, or similar appropriate county agencies, to issue service dog tags to the owners or handlers of qualified service dogs;

          (B)  Prohibited any person from owning or being a handler of a dog that wears a service dog tag not issued by a county animal control officer or appropriate county animal control agency; and

          (C)  Required any person with the right to be accompanied by a service dog to ensure the dog wears service tags and a leash, harness, or cape that identifies the dog as service dogs; and

     (2)  Creating a violation punishable by a fine of up to $1,000 for any person who knowingly presents an animal as a service animal that is not individually trained to do work or perform tasks for the benefit of an individual with a disability.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1420, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1420, H.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

KARL RHOADS, Chair