CONFERENCE COMMITTEE REP. NO. 77-18

Honolulu, Hawaii

, 2018

RE: S.B. No. 2461

S.D. 1

H.D. 1

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2461, S.D. 1, H.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Establish a civil penalty for knowingly misrepresenting an animal as a service animal; and

(2) Conform Hawaii law with the definition of "service animal" under the Americans with Disabilities Act of 1990.

Your Committee on Conference finds that fraudulent misrepresentation of pets and untrained animals as service animals is widespread and harmful to persons who legitimately rely on service animals. Currently, the law does not provide necessary legal consequences for misrepresenting a pet or other untrained animal as a service animal. Establishing penalties for such misrepresentation could function as a deterrent.

Your Committee on Conference has amended this measure by:

(1) Specifying the civil penalties for knowingly misrepresenting an animal as a service animal as not less than $100 and not more than $250 for the first violation, and not less than $500 for each additional violation; and

(2) Changing the effective date to January 1, 2019.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2461, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2461, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ SCOTT Y. NISHIMOTO Chair

____________________________ BRIAN T. TANIGUCHI Chair