STAND. COM. REP. NO. 378

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 334

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

     Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 334 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to codify the administrative definition of "assistance animal" and clarify what constitutes acceptable verification when establishing the need for an assistance animal.

 

     Your Committee received testimony in support of this measure from the Aloha State Association of the Deaf, Hawaii Dog Psychology Center, and two individuals.  Your Committee received testimony in opposition to this measure from the Hawaii Civil Rights Commission; Community Associations Institute, Legislative Action Committee; Associa; and three individuals.  Your Committee received comments on this measure from the Disability and Communication Access Board and one individual.

 

     Your Committee finds that service animals and assistance animals serve distinct disability-related needs.  Despite the separation between service animals and assistance animals, your Committee finds that the 2017 state law prohibiting misrepresentation of service animals has resulted in confusion over acceptable verification of a disability-related need for an assistance animal.

     Your Committee further finds that under the federal Fair Housing Act, the United States Department of Housing and Urban Development (HUD) funds state and local agencies that administer fair housing laws that HUD has determined to be substantially equivalent to the Fair Housing Act.  According to testimony from the Hawaii Civil Rights Commission, Hawaii's fair housing law has been certified by HUD to be substantially equivalent.  However, statutory changes that affect rights, such as the in-person evaluation verification requirement proposed by this measure, could jeopardize HUD certification of Hawaii's fair housing law and HUD's cooperative agreement with the Hawaii Civil Rights Commission.  Your Committee understands these concerns and concludes that amendments to address these concerns, as well as other concerns raised in testimony, are needed.

 

     Your Committee has amended this measure by:

 

     (1)  Amending the definition of "assistance animal" to remove the term "therapy animal";

 

     (2)  Clarifying the verification that may be requested by a housing provider by:

 

          (A)  Removing the requirement that the verification be provided in person, for consistency with federal guidelines; and

 

          (B)  Specifying that 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 valid verification; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 334, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 334, S.D. 1, and be referred to your Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

 

 

 

________________________________

ROSALYN H. BAKER, Chair