REPORT TITLE:
Assistance Dogs


DESCRIPTION:
Prohibits discrimination in public accommodation, housing, and
employment for persons with a disability who use guide or signal
dogs, or service animals; requires vehicle operators to give way
to disabled in crosswalks; clarifies definition of "service
animal".  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        993
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE DISABLED.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1                              PART I.
 
 2      SECTION 1.  The legislature finds that it is the policy of
 
 3 the State to encourage and enable the blind, the visually
 
 4 impaired, the deaf, the partially deaf, and the otherwise
 
 5 partially disabled to participate fully in the social and
 
 6 economic life of Hawaii, and in remunerative employment.
 
 7      The legislature further finds that the goals of the State
 
 8 regarding individuals with disabilities are to assure equality
 
 9 for opportunity, full participation, independent living, and
 
10 economic self-sufficiency for these individuals.  The use of
 
11 assistance dogs by these individuals helps facilitate the
 
12 accomplishment of these goals and should be encouraged by the
 
13 State.
 
14      The purpose of this Act is to incorporate the overall
 
15 purpose and the components of the model assistance dog law in
 
16 those sections of Hawaii Revised Statutes that prohibit
 
17 discrimination of the disabled or partially disabled regarding
 
18 the use of guide or signal dogs, or other service animals.
 
19                             PART II.
 

 
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 1      SECTION 2.  The title of this Act shall be the Assistance
 
 2 Dog Act of 1999.
 
 3                             PART III.
 
 4      SECTION 3.  Chapter 291, Hawaii Revised Statutes, is amended
 
 5 by adding a new section to be appropriately designated and to
 
 6 read as follows:
 
 7      "291-     Vehicles approaching a person using a guide dog,
 
 8 signal dog, or service animal.  (a)  The operator of any vehicle,
 
 9 when approaching a person with a disability who is using a guide
 
10 dog, signal dog, or service animal, shall take all necessary
 
11 precautions to avoid injury of the person.  It shall be unlawful
 
12 for the operator of any vehicle to drive into or on a crosswalk
 
13 if a person with a disability is attempting to cross a public
 
14 street, road, or highway, even if the person with a disability
 
15 has not signaled that the person intends to continue.
 
16      (b)  The operator of any vehicle who fails to take
 
17 precautions shall be liable for damages for any injury caused to
 
18 the person with a disability, or to the guide dog, signal dog, or
 
19 other service animal.
 
20      (c)  For the purpose of this section:
 
21      "Guide dog" means any dog individually trained by a licensed
 
22 guide dog trainer for guiding a blind person by means of a
 
23 harness attached to the dog and a rigid handle grasped by the
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 person.
 
 2      "Service animal" means any animal that is trained to provide
 
 3 those life activities limited by the disability of the person.
 
 4      "Signal dog", commonly known as "hearing dog", means any dog
 
 5 that is trained to alert a deaf, hard-of-hearing, or deaf-blind
 
 6 person to intruders or sounds."
 
 7      SECTION 4.  Section 378-1, Hawaii Revised Statutes, is
 
 8 amended by adding a new definition to be appropriately inserted
 
 9 and to read as follows:
 
10      ""Because of disability" shall include, but is not limited
 
11 to, the use of a guide dog, signal dog, or service animal by a
 
12 person with a disability or requiring payment of an extra charge
 
13 or fee for such use."
 
14      SECTION 5.  Section 489-2, Hawaii Revised Statutes, is
 
15 amended by adding four new definitions to be appropriately
 
16 inserted and to read as follows:
 
17      ""On the basis of disability" shall include, but is not
 
18 limited to, the use of a guide dog, signal dog, or service animal
 
19 by a person with a disability or requiring payment of an extra
 
20 charge or fee for such use."
 
21      "Guide dog" means any dog individually trained by a licensed
 
22 guide dog trainer for guiding a blind person by means of a
 
23 harness attached to the dog and a rigid handle grasped by the
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 person.
 
 2      "Service animal" means any animal that is trained to provide
 
 3 those life activities limited by the disability of the person.
 
 4      "Signal dog", commonly known as "hearing dog", means any dog
 
 5 that is trained to alert a deaf, hard-of-hearing, or deaf-blind
 
 6 person to intruders or sounds."
 
 7      SECTION 6.  Chapter 663, Hawaii Revised Statutes, is amended
 
 8 by adding a new section to be appropriately designated and to
 
 9 read as follows:
 
10      "663-     Damage caused by a guide dog, signal dog, or
 
11 service dog; liability.  (a)  The owner of a guide dog, signal
 
12 dog, or service animal shall be liable for any damage to persons,
 
13 premises, or facilities, including a place of employment, a place
 
14 of public accommodation as defined in section 489-2, or housing
 
15 accommodation as defined in section 515-2.
 
16      (b)  Any person with a disability who uses a guide dog,
 
17 signal dog, or service animal, shall keep the dog or other animal
 
18 properly harnessed or leashed, and a person who is injured by the
 
19 dog or other animal because the dog or other animal was not
 
20 properly harnessed or leashed is entitled to maintain a cause of
 
21 action for damages in a court of competent jurisdiction under the
 
22 same laws applicable to other causes brought for the redress of
 
23 injuries caused by animals, pursuant to sections 142-74, 142-75,
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 663-1, and 663-9.
 
 2      (c)  For the purpose of this section:
 
 3      "Guide dog" means any dog individually trained by a licensed
 
 4 guide dog trainer for guiding a blind person by means of a
 
 5 harness attached to the dog and a rigid handle grasped by the
 
 6 person.
 
 7      "Service animal" means any animal that is trained to provide
 
 8 those life activities limited by the disability of the person.
 
 9      "Signal dog", commonly known as "hearing dog", means any dog
 
10 that is trained to alert a deaf, hard-of-hearing, or deaf-blind
 
11 person to intruders or sounds."
 
12      SECTION 7.  Section 143-2.5, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "[[]143-2.5[]]  Regulation of other animals.  Nothing in
 
15 this chapter shall be construed as a limitation on the authority
 
16 of the counties to regulate, including by licensure, animals
 
17 other than dogs[.]; with the exception of a guide dog, service
 
18 animal, and signal dog.
 
19      For the purpose of this section:                            
 
20      "Guide dog" means any dog individually trained by a licensed
 
21 guide dog trainer for guiding a blind person by means of a
 
22 harness attached to the dog and a rigid handle grasped by the
 
23 person.
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      "Service animal" means any animal that is trained to provide
 
 2 those life activities limited by the disability of the person.
 
 3      "Signal dog", commonly known as "hearing dog", means any dog
 
 4 that is trained to alert a deaf, hard-of-hearing, or deaf-blind
 
 5 person to intruders or sounds."
 
 6      SECTION 8.  Section 489-3, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "489-3 Discriminatory practices prohibition.  Unfair
 
 9 discriminatory practices which deny, or attempt to deny, a person
 
10 the full and equal enjoyment of the goods, services, facilities,
 
11 privileges, advantages, and accommodations of a place of public
 
12 accommodation on the basis of race, sex, color, religion,
 
13 ancestry, or disability, including the use of a guide dog, signal
 
14 dog, or service animal by a person with a disability, or
 
15 requiring payment of an extra charge or fee for the dog or
 
16 animal, are prohibited."
 
17      SECTION 9.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 10.  This Act shall take effect upon its approval.