STAND. COM. REP. NO 464

Honolulu, Hawaii

RE:    S.B. No. 760

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 760 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to establish a misdemeanor for knowingly and fraudulently representing oneself as the owner or trainer of a service dog.

     Your Committee received testimony in support of this measure from the Community Associations Institute, Associa Hawaii, Hawaii Fi-Do Service Dogs, and four individuals.  Your Committee received testimony in opposition to this measure from the Hawaii Civil Rights Commission.  Your Committee received comments on this measure from the Department of the Attorney General; Disability and Communication Access Board, Department of Health; Hawaii Disability Rights Center; Pacific Pet Alliance; and one individual.

     Your Committee finds that the abuse of privileges and allowances intended only for the benefit of persons with disabilities to use trained service dogs has become apparent and pervasive in many contexts.  The result of this situation is that public health may be compromised, and legitimate, trained service dogs may experience unnecessary distraction while persons with disabilities may experience unnecessary inconvenience and distress.

     Your Committee notes that this measure is limited to the context of service dogs as defined in section 347-2.5, Hawaii Revised Statutes (HRS), and does not explicitly extend to so‑called "emotional support animals" or other assistance animals that may serve lawful purposes in certain contexts, for example under the federal Fair Housing Act.  It is not the intention of your Committee that this measure be construed in any way to abridge the rights of any person under any existing federal or state law.  However, your Committee further notes that section 11‑50-74(o)(1), Hawaii Administrative Rules, does generally prohibit any live animals other than service animals (as similarly defined in section 347-2.5, HRS) in food establishments.

     Your Committee acknowledges the concerns raised in written testimony that enforcement of this measure may be difficult.  Nonetheless, your Committee notes that a similar statutory prohibition in California was upheld in federal court.  Accordingly, similar to the situation in which persons who willfully misuse disability parking privileges are subject to punishment, this measure establishes a statutory means to deter pervasive detrimental misrepresentations.

     Your Committee has amended this measure by:

     (1)  Clarifying the definition of "owner" to mean any person who owns an alleged service dog or who is authorized by the dog's owner to use the dog;

     (2)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 760, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 760, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________

GILBERT S.C. KEITH-AGARAN, Chair