STAND. COM. REP. NO. 924

Honolulu, Hawaii

RE: S.R. No. 8

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Human Services and Judiciary, to which was referred S.R. No. 8 entitled:

"SENATE RESOLUTION REQUESTING THE DEPARTMENT OF HUMAN SERVICES TO EXAMINE THE IMPLEMENTATION OF ACT 217, SESSION LAWS OF HAWAII 2018, REGARDING MISREPRESENTATION OF SERVICE ANIMALS,"

beg leave to report as follows:

The purpose and intent of this measure is to request the Department of Human Services to examine the implementation of Act 217, Session Laws of Hawaii 2018 (Act 217), regarding the misrepresentation of service animals.

Your Committees received testimony in opposition to this measure from one individual. Your Committees received comments on this measure from the Department of Human Services and Hawai‘i Civil Rights Commission.

Your Committees find that fraudulent misrepresentation of pets and untrained animals as service animals is harmful to persons who legitimately rely on service animals. Act 217 established a civil penalty for knowingly misrepresenting an animal as a service animal. Your Committees further find that there are questions about the practical enforcement of that civil penalty. As such, your Committees find that the Department of Human Services, in consultation with the Hawai‘i Civil Rights Commission and the Disability and Communication Access Board, should examine the implementation of the prohibition so that places of accommodations and the public may understand how Act 217 applies to them.

Your Committees note that according to the testimony from the Department of Human Services, a public outreach campaign may be the best way to educate places of accommodations as well as the public as to the important work that legitimate service animals do and why it is important for service animals to assist their owners.

Accordingly, your Committees have amended this measure by requesting the Department of Human Services to develop a public outreach campaign.

As affirmed by the records of votes of the members of your Committees on Human Services and Judiciary that are attached to this report, your Committees concur with the intent and purpose of S.R. No. 8, as amended herein, and recommend its adoption in the form attached hereto as S.R. No. 8, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Human Services and Judiciary,

________________________________ KARL RHOADS, Chair

________________________________ RUSSELL E. RUDERMAN, Chair