| 47 | | - | SECTION 1. The legislature finds that existing law 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. However, information about what animals qualify as service animals or emotional support animals and what legal status certificates, vests, and identifications confer is not well-known and should be provided to individuals. Titles II and III of the Americans with Disabilities Act define a 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. Title I of the Americans with Disabilities Act does not have a similar definition but requires employers to make reasonable accommodations for an employee or job applicant with a disability, which could be allowing the individual to use a service animal or emotional support animal. Additionally, the federal Fair Housing Act defines an assistance animal as an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person's disability. State law conforms with these federal provisions. The legislature further finds that individuals who obtain emotional support animals should be made aware that these animals do not qualify as service animals. To address this, any person or business that sells or provides emotional support animals, or issues verification that an emotional support animal is needed to alleviate one or more symptoms of a person's disability, is required to include a written disclaimer stating that emotional support animals lack the requisite training to qualify as service animals, are not entitled to the legal accommodations provided to service animals under state and federal disability laws, and that knowingly misrepresenting emotional support animals as service animals is unlawful. Additionally, when individuals purchase items such as certificates, vests, or identification tags for their emotional support animals, the disclaimer must clarify that these items do not establish that an animal meets the legal definition of a service animal. Accordingly, the purpose of this Act is to require: (1) Sellers or providers of emotional support animals, as well as those issuing verifications of a disability related need for an emotional support animal, to provide a disclaimer explicitly stating that emotional support animals are not recognized as service animals under state law; and (2) Persons or businesses that sell or provide a certificate, vest, or identification tags that identify an animal as an emotional support animal or service animal to provide written notice to the buyer or recipient that contains certain disclosures. 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 user of an emotional support 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 who provides verification of the disability related need for an emotional support animal shall provide written notice to the buyer or recipient that states the following: (1) The verification cannot be used to establish the emotional support animal as a service animal; (2) The user of an emotional support 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. (c) A person or business that sells or provides a certificate, vest, or identification tag that identifies an animal as an emotional support animal shall provide written notice to the buyer or recipient that states the following: (1) The item cannot be used to establish the emotional support animal as a service animal; (2) The item does not entitle the user of an emotional support animal to the same rights and privileges accorded by law to the user of 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. (d) The written notices described in subsections (a), (b), and (c) 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 (c), or on a separate piece of paper that is attached to the receipt. (e) Upon a finding of a preponderance of the evidence, a person who violates subsection (a), (b), or (c) 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. (f) 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 on July 1, 2050. |
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| 47 | + | 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. INTRODUCED BY: _____________________________ |
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