STAND. COM. REP. NO. 849

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 334

       S.D. 2

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 334, S.D. 1, 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:

 

     (1)  Codify the administrative rule definition of "assistance animal";

 

     (2)  Clarify the type of verification an individual may provide to substantiate a reasonable accommodation request for an assistance animal; and

 

     (3)  Specify that possession of a vest or other distinguishing garment, tag, or registration document commonly purchased online and purporting to identify an animal as a service animal or assistance animal does not constitute a valid verification of a disability-related need for an assistance animal.

 

     Your Committee received testimony in support of this measure from the Oahu County Committee on Legislative Priorities of the Democratic Party of Hawaii and one individual.  Your Committee received testimony in opposition to this measure from Hawaiian Properties, Ltd.; and one individual.  Your Committee received comments on this measure from the Disability and Communication Access Board and Hawaii Civil Rights Commission.

 

     Your Committee finds that Act 217, Session Laws of Hawaii 2018, narrowed the definition of "service animal" to mean "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability" and requires that the work or tasks performed by the service animal relate directly to the individual's disability.  Your Committee further finds that the Americans with Disabilities Act includes a broader term "assistance animal", which is used under the federal and state fair housing laws, and includes a wider category of animals who provide support, including emotional support animals and service animals.  Your Committee additionally finds that "assistance animal" is defined under the State's administrative rules, but not in statute.  This measure will codify the definition of "assistance animal" and bring state law into closer conformity with the federal Americans with Disabilities Act.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying that a housing provider may request verification to be provided by a person with a disability to establish the disability-related need for a specific assistance animal rather than an assistance animal in general; and

 

     (2)  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 Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 334, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 334, S.D. 2.


 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

________________________________

KARL RHOADS, Chair