Bill Text: HI SB1493 | 2025 | Regular Session | Introduced
Bill Title: Relating To Service Animals.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2025-01-23 - Introduced and passed First Reading. [SB1493 Detail]
Download: Hawaii-2025-SB1493-Introduced.html
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THE SENATE |
S.B. NO. |
1493 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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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 despite existing law that makes it a civil violation to knowingly misrepresent as a service animal any animal that does not meet the statutory requirements of a service animal, information about what animals qualify as service animals is not well-known. A service animal is defined in existing law 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. State and federal civil rights laws provide for the right of persons with disabilities to reasonable accommodation. The use of a service animal is the reasonable accommodation for a person with a disability, whereas emotional support animals cannot be used as a form of reasonable accommodation. This can lead to confusion when a person acquires an animal that, although benefiting the person, does not meet the criteria for a service animal.
The legislature further finds that making persons who obtain emotional support animals aware that the animals do not qualify as service animals can be accomplished by requiring any person or business that sells or provides the animals for use as emotional support animals to deliver a written disclaimer stating that the animals do not have the training required to qualify as service animals, are not entitled to the reasonable accommodations accorded by law to individuals with disabilities who use service animals, and that knowingly misrepresenting the animals as service animals is unlawful. It is crucial that this disclaimer also be provided when persons purchase certificates or identifications for emotional support animals.
The purpose of this Act is to require sellers or providers of emotional support animals, and sellers or providers of certificates and identification tags for emotional support animals, to provide customers or recipients with a disclaimer stating that an emotional support animal is not a service animal under state law and misrepresenting one as a service animal is a violation of law subject to penalties.
SECTION 2. Chapter 347, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§347- Emotional support animals; disclaimer;
civil penalty. (a) Any person or business that sells or provides
an animal for use as an emotional support animal shall provide written notice
to the buyer or recipient of the animal that states the following:
(1) The animal does not have the special
training required to qualify as a service animal;
(2) The animal is not entitled to the
rights and privileges accorded by law to a service animal; and
(3) Knowingly misrepresenting as a service animal any animal that does not meet the requirements
of a service animal, as defined in section 347‑2.5, is a violation
of section 347-2.6.
(b) A person or business that sells or provides a
certificate or identification tag for an emotional support animal shall provide
written notice to the buyer or recipient that states the following:
(1) The item does not entitle an
emotional support animal to the rights and privileges accorded by law to a
service animal; and
(2) Knowingly misrepresenting as a service animal any animal that does not meet the requirements of a service animal, as defined in section 347‑2.5, is a violation of section 347-2.6.
(c) The written notices described in subsections (a) and (b) shall be made in at least twelve-point
bold type and shall be provided on the receipt for the emotional support animal
or the product described in subsection (b), or on a separate piece of paper
that is attached to the receipt.
(d) Upon a finding of a preponderance of the evidence,
a person who violates subsection (a) or (b) shall be fined not less than $100
and not more than $250 for the first violation, and not less than $500 for a
second violation and each violation thereafter.
(e) Nothing in this section shall preclude any other civil remedies available to a person, entity, or other organization arising from misrepresentation by another person of a service animal."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Emotional Support Animal; Disclaimer; Service Animals; Penalties
Description:
Requires sellers or providers of emotional support animals to provide written notice to the buyers or recipients that the animal does not have the special training required to qualify as a service animal; the animal is not entitled to the rights and privileges accorded by law to a service animal; and knowingly misrepresenting as a service animal any animal that does not meet the statutory requirements of a service animal is a violation of law. Requires sellers or providers of certificates or identification tags for emotional support animals to provide written notice to the buyers or recipients that the item does not entitle an emotional support animal to the rights and privileges accorded by law to a service animal and knowingly misrepresenting as a service animal any animal that does not meet the statutory requirements of a service animal is a violation of law. Establishes penalties.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
