STAND.
COM. REP. NO. 1286
Honolulu, Hawaii
, 2023
RE: S.B. No. 612
S.D. 1
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-Second State Legislature
Regular Session of 2023
State of Hawaii
Sir:
Your Committee on Health & Homelessness, to which was referred S.B. No. 612, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO SERVICE ANIMALS,"
begs leave to report as follows:
The
purpose of this measure is to require
sellers or providers of emotional support animals, and sellers and providers of
certificates, identifications, tags, vests, leashes, or harnesses that identify
an animal as an emotional support animal, to provide certain written
disclaimers to buyers or recipients of an emotional support animal or item.
Your Committee finds that there is
often confusion about the definitions for different types of assistance
animals. Many people do not understand
the difference between a service animal, which is individually trained to do
work or perform tasks for the benefit of an individual with a disability, and
an emotional support animal, which provides comfort or emotional support to its
owner and is not qualified as a service animal under the Americans with
Disabilities Act.
Your Committee further
finds that federal and state civil rights laws provide for the right of persons
with disabilities to reasonable accommodation.
The use of a service animal is the reasonable accommodation for a person
with a disability, whereas emotional support animals cannot be used as a form
of reasonable accommodation. Requiring a
written disclaimer when a person purchases or receives an emotional support
animal or certain items for emotional support animals will help reduce confusion
surrounding the differing treatment of these animals.
Your Committee finds that the companion to this measure, H.B. No. 871, H.D. 1 (Regular Session of 2023), was previously passed by your Committee.
Your Committee has amended this measure by deleting its contents and inserting the contents of H.B. No. 871, H.D. 1, a measure that:
(1) Requires sellers or providers of emotional support animals to provide a written disclaimer regarding the emotional support animal, including that the animal does not qualify as or have the same rights and privileges as a service animal and that knowingly misrepresenting an emotional support animal may be a violation;
(2) Requires sellers or providers of certificates and identification tags for emotional support animals to provide a written disclaimer that the item does not entitle an emotional support animal to the same rights and privileges as a service animal and that knowingly misrepresenting an emotional support animal may be a violation;
(3) Establishes penalties for violation of the written disclaimer requirements; and
(4) Includes an effective date of June 30, 3000.
As affirmed by the record of votes of the members of your Committee on Health & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 612, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 612, S.D. 1, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.
Respectfully submitted on behalf of the members of the Committee on Health & Homelessness,
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____________________________ DELLA AU BELATTI, Chair |
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