STAND. COM. REP. NO. 342

Honolulu, Hawaii

, 2021

RE: H.B. No. 381

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Health, Human Services, & Homelessness, to which was referred H.B. No. 381 entitled:

"A BILL FOR AN ACT RELATING TO FAIR HOUSING REASONABLE ACCOMMODATIONS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Codify the administrative definition of "assistance animal" for the purposes of real estate transactions;

(2) Clarify the type of verification an individual may provide to establish the need for an assistance animal; and

(3) Specify that the possession of a vest or other distinguishing animal garment, tag, or registration document commonly purchased online and purporting to identify an animal as a service animal or assistance animal does not constitute a valid verification of a disability-related need for an assistance animal.

Your Committee received testimony in support of this measure from the Hawaii Civil Rights Commission, Hawaii Disability Rights Center, and Hawaii Association of REALTORS. Your Committee received comments on this measure from the Disability and Communication Access Board; Community Associations Institute, Legislative Action Committee; Associa; Hawaiian Properties, Ltd.; and one individual.

Your Committee believes that codifying the definition of "assistance animal" and providing additional guidance on the types of verification a housing provider may ask for, including explicitly disallowing commonly purchased vests, tags, or other distinguishing animal garments purporting to identify an animal as a service or assistance animal, will assist individuals requiring assistance animals and housing providers to make reasonable accommodations for assistance animals.

Your Committee has amended this measure by changing the effective date to July 1, 2060, to encourage further discussion.

As affirmed by the record of votes of the members of your Committee on Health, Human Services, & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 381, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 381, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Health, Human Services, & Homelessness,

____________________________

RYAN I. YAMANE, Chair