STAND. COM. REP. NO. 1099

Honolulu, Hawaii

RE: S.B. No. 612

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 612, S.D. 1, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Require sellers or providers of emotional support animals and sellers or providers of certificates, identifications, tags, vests, leashes, and harnesses identifying an animal as an emotional support animal to provide a disclaimer that the animal is not a service animal and the user is not accorded by law the same rights and privileges as those of service animal users; and

(2) Establish penalties for violations of these requirements.

Your Committees received testimony in support of this measure from the Department of Human Services, Disability and Communication Access Board, and one individual. Your Committees received comments on this measure from the Hawai‘i Civil Rights Commission.

Your Committees find that many people are unaware of the difference between a service animal and an emotional support animal. To qualify as a service animal pursuant to state law, a dog must be individually trained to do work or perform tasks for the benefit of an individual with a disability. The same training is not required of an animal designated as an emotional support animal. Due to this difference in training, emotional support animals misrepresented as service animals can endanger the health and safety of individuals with disabilities by distracting their service animals. To protect the health and safety of these individuals, this measure reduces the unwitting misrepresentation of emotional support animals as service animals by requiring disclaimers regarding an animal's certification and a user's rights and privileges upon receipt of an emotional support animal or emotional support animal certificate or accessory.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 612, S.D. 1, and recommend that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair