STAND. COM. REP. NO.950-02
RE: S.B. No. 2046
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2046, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO GUIDE DOGS, SIGNAL DOGS, AND SERVICE ANIMALS,"
begs leave to report as follows:
The purpose of the bill is to create a range of criminal offenses for causing injury or death to, interfering with the use of, or misrepresenting oneself as the owner or trainer of a guide dog, signal dog, service animal, or law enforcement dog.
Your Committee received testimony in support of the measure from the Honolulu Police Department, the Coalition for the Protection of Service Dogs in Hawaii, and the Guide Dog Association of Victoria. The Disability and Communication Access Board supported the intent of the measure and suggested amendments. The Hawaii Civil Rights Commission supported the intent of the measure and expressed concerns. One concerned individual supported the bill but offered amendments, another supported the intent of the bill. Testimony in opposition to the measure was provided by the Office of the Public Defender and the Hawaiian Humane Society.
Your Committee finds that guide dogs, signal dogs, and service animals can compensate for a wide variety of disabilities. People who depend on the abilities of these animals must be secure in knowing that these animals are as safe and protected as possible. However, creating a felony offense is inappropriate for the protection of these animals. In addition, your Committee finds that the inclusion of law enforcement dogs under this measure is beyond the scope of the title of the bill.
Your Committee has amended this bill by:
(1) Deleting references to law enforcement dogs;
(2) Deleting provisions for the felony offense of causing injury to guide dogs, signal dogs, and service dogs;
(3) Deleting provisions for the offenses of fraudulent misrepresentation as owner or trainer of, and for the offense of interference with the use of, a guide dog.
(4) Setting the penalty for causing injury or death to guide dogs, signal dogs, or and service animals as follows:
(a) For the first offense, a maximum of thirty days in jail, a maximum fine of $2,000, or both; and
(b) For the second and subsequent offense, a maximum of thirty days in jail, a maximum fine of $5,000, or both;
(5) Clarifying that restitution is to be made to:
(A) The owner of the dog for veterinary bills and out-of-pocket costs; and
(B) The person or organization that incurs the cost of replacing the animal for the cost of replacing the animal.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2046, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2046, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
ERIC G. HAMAKAWA, Chair