Bill Text: HI HB1420 | 2013 | Regular Session | Introduced


Bill Title: Animal Control; Service Dogs; Tags; Leash

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2013-01-28 - Referred to JUD, referral sheet 7 [HB1420 Detail]

Download: Hawaii-2013-HB1420-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1420

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to service animals.

 

 

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

 


     SECTION 1.  The legislature finds that service dogs provide an essential duty for the members of our disabled community by working or performing tasks for individuals with a physical, sensory, intellectual, or mental disability.  A typical service dog receives twelve to eighteen months of specialized training to assist its future owner and properly behave in areas where other animals are prohibited.  The public accommodations law requires that service dogs have equal access to office buildings, restaurants, hotels, common carriers, and other areas as their handlers.

     The legislature further finds that many nondisabled individuals exploit service dogs' access to buildings and other establishments by purchasing false service dog badges on the internet, for as little as $20, and bringing their untrained dogs into restaurants, retail stores, and other areas where non-service dogs are prohibited.

     This practice erodes the legitimacy of the entire service dog program, endangers service dogs, jeopardizes the public, and violates many health regulations.  In one incident, an untrained dog wearing a service badge purchased through the internet badly mauled a legitimate service dog.

     The purpose of this Act is to protect the public and the legitimacy of the service dog program by ensuring that only lawful service dogs may enter public facilities and accommodations.

     SECTION 2.  Chapter 347, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§347-     Service dog tags.  (a)  Each county animal control officer or appropriate county animal control agency shall issue a service dog tag to the owner or handler of a dog upon a showing that the dog qualifies as a service dog as defined in section 347-2.5.

     (b)  There shall be no fee required of the owner or handler for a service dog tag and the tag shall be valid as long as the dog performs the tasks of a service dog.

     (c)  No person shall own or be a handler or a dog that wears a service dog tag not issued pursuant to subsection (a)."

     SECTION 3.  Section 347-13, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Every person who is blind, deaf, visually handicapped, or otherwise disabled shall have the right to be accompanied by a service dog, especially trained for the purpose of assisting the person in any of the places listed in subsection (a) without being required to pay an extra charge for the service dog; provided that the [person]:

     (1)  Person shall be liable for any damage done to the premises or facilities by the service dog[.]; and

     (2)  Service dog shall wear a service dog tag issued pursuant to section 347-    and a leash, harness, or cape that identifies the dog as a service dog.

No service dog shall be considered dangerous merely because it is unmuzzled."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Animal Control; Service Dogs; Tags; Leash

 

Description:

Requires each county animal control officer or appropriate county animal control agency to issue service dog tags.  Requires a service dog to wear a service dog tag and a leash, harness, or cape that identifies the dog as a service dog.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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