HOUSE OF REPRESENTATIVES

H.R. NO.

183

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

HOUSE RESOLUTION

 

 

REQUESTING THE DEPARTMENT OF HUMAN SERVICES TO EXAMINE THE IMPLEMENTATION OF ACT 217, SESSION LAWS OF HAWAII 2018, REGARDING MISREPRESENTATION OF SERVICE ANIMALS.

 

 


WHEREAS, a service animal is an animal that is individually trained to work or perform tasks for a person with a disability; and

 

WHEREAS, the misrepresentation of pets and other non-service animals as service animals diminishes the respect given to service animals and can create challenges for individuals who use the services of legitimate service animals; and

 

WHEREAS, Act 217, Session Laws of Hawaii 2018 (Act 217), established a civil penalty for knowingly misrepresenting an animal as a service animal; and

 

WHEREAS, the prohibition against misrepresentation of a service animal is placed in chapter 347, Hawaii Revised Statutes, which is administered by the Department of Human Services; and

 

WHEREAS, questions have arisen about Act 217, including the means to enforce the prohibition and the sufficiency of the language to address the issue; and

 

WHEREAS, guidance about misrepresentation of a service animal is needed to adequately inform law enforcement officers and the business community of the law; now, therefore,

 

BE IT RESOLVED by the House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, that the Department of Human Services, in consultation with the Hawaii Civil Rights Commission and the Disability and Communication Access Board, is requested to examine and report on the implementation of Act 217, including:

 

(1) How to enforce the prohibition against misrepresentation of a service animal;

 

(2) Whether administrative rules need to be adopted;

 

(3) How to better oversee and regulate service animals; and

 

(4) Whether additional legislation is necessary; and

 

BE IT FURTHER RESOLVED that the Department of Human Services, in consultation with the Hawaii Civil Rights Commission and the Disability and Communication Access Board, is requested to issue guidance about misrepresentation of a service animal for use by law enforcement and the business community; and

 

BE IT FURTHER RESOLVED that the Department of Human Services is requested to develop a public outreach campaign to educate places of accommodations as well as the public as to the important work that legitimate service animals do and why it is important for service animals to assist their owners; and

 

BE IT FURTHER RESOLVED that the Department of Human Services is requested to submit a report of its findings and recommendations to the Legislature, including any proposed legislation, no later than twenty days prior to the convening of the regular session of 2020; and

 

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Human Services, Executive Director of the Hawaii Civil Rights Commission, and Executive Director of the Disability and Communication Access Board.

 

 

 

 

OFFERED BY:

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Report Title:

Deaf and Blind Task Force; Service Animals; Misrepresentation