HOUSE OF REPRESENTATIVES	H.B. NO.	1823
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SERVICE AND EMOTIONAL SUPPORT ANIMALS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the Americans with Disabilities Act, along with the Fair Housing Act, allows those with disabilities to be accompanied by a service or emotional support animal in places where animals are not normally allowed. Although emotional support animals are not considered service animals under the Americans with Disabilities Act, they are considered as such under the Fair Housing Act.

The legislature further finds that current federal law only allows two questions to be asked of support animal owners:

(1) Is this a service animal?

(2) What task does this service animal provide?

No request for documentation is allowed unless the owner is asking for a housing-related accommodation.

Associations of Apartment Owners and Homeowners Associations that have restrictions, or prohibitions, on pets are allowed to ask for verification of a service or emotional support animal. The verification can be a letter from a medical provider or a form provided by the association and filled out by the medical provider. If the pet-owner provides such verification, no further documentation can be requested and the pet is allowed.

The legislature further finds that many of Hawaii's condominiums place restrictions on pets, or prohibit them entirely. However, if a person has a service or emotional support animal, the animal is allowed even in a no-pet building. Consequently, there are increasing reports of fraud and abuse in declaring pets to be service or emotional support animals in order to circumvent pet policies, leaving associations powerless to enforce their rules.

Accordingly, the purpose of this Act is to establish penalties for those who make false representations regarding service dogs or emotional support animals to deter people from using fraud to circumvent Associations of Apartment Owners' and Homeowners Associations' rules.

SECTION 2. Section 347-2.5, Hawaii Revised Statutes, is amended by amending the definition of "service dog" to read as follows:

SECTION 2. Section 347-2.5, Hawaii Revised Statutes, is amended to read as follows:

"§347-2.5 Service dog, defined. As used in this chapter, "service dog" means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, intellectual, or other mental disability. [A companion or comfort animal is not a service dog unless it meets the requirements of this definition and it accompanies a person for the purpose of performing the work or tasks for which it has been trained.]"

SECTION 3. Chapter 347, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§347- Emotional support animal, defined. As used in this chapter, "emotional support animal" means any animal that a medical professional has determined provides therapeutic benefit for an individual with a disability."

SECTION 4. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§708- Misrepresenting the use of a service dog or emotional support animal. (a) A person commits the offense of misrepresenting the use of a service dog or emotional support animal if the person knowingly and willfully misrepresents themselves, through conduct or verbal or written notice, as being disabled in an attempt to receive the benefits and protections afforded under federal or State law for the use of a service dog or emotional support animal.

(b) Misrepresenting the use of a service dog or emotional support animal is a misdemeanor."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Service Animals; Emotional Support Animals; Misrepresentation; Misdemeanor

Description:

Defines emotional support animals and makes it a misdemeanor to knowingly make a misrepresentation regarding a service dog or emotional support animal.

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