REPORT TITLE:
Guide, Signal, & Service Dogs


DESCRIPTION:
Amends the definition of "service animal" to include blindness
and deafness as disabilities that qualify a person to use an
animal that is trained to provide life activities that are
limited by the disability of the person.  Expands the rights of
persons with disabilities who use service animals.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2630
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PERSONS WITH DISABILITIES.



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

 1      SECTION 1.  Section 142-5.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]142-5.5[]  Guide, signal, or service dogs.] Guide dogs,
 
 4 signal dogs, and service animals.  Any person with a disability
 
 5 who uses the services of a [guide, signal, or service dog,] guide
 
 6 dog, signal dog, or service animal, as defined in section 515-3,
 
 7 shall be permitted to reside on site for the duration of
 
 8 quarantine, if housing is available."
 
 9      SECTION 2.  Section 143-4, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "143-4 Issuance of license and tags.  (a)  Upon the
 
12 receipt of the license fee the director of finance shall issue to
 
13 the person paying the fee a license stating the following:
 
14      (1)  The name and address of the person to whom the license
 
15           is issued;
 
16      (2)  The year for which the license is paid;
 
17      (3)  The date of payment;
 
18      (4)  A description of the dog for which the license is
 
19           issued; and
 

 
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 1      (5)  The number of the metal tag issued for the dog[; and
 
 2      (6)  Any dog approved by the director of finance pursuant to
 
 3           rules established by the director to be a guide,
 
 4           signal, or service dog shall be so designated on the
 
 5           license].
 
 6      The director of finance [shall], at the same time, shall
 
 7 issue and deliver to the person a metal tag of such form and
 
 8 design as the director of finance may designate with a serial
 
 9 number and the year for which it is issued plainly inscribed
 
10 thereon, which tag shall be attached to a collar around the neck
 
11 of the dog for which the license has been issued.  The fee for
 
12 the tag shall be set by each county council; provided that [until
 
13 and] unless provided by ordinance the fee shall be 10 cents.
 
14      (b)  Any dog approved by the director of finance to be a
 
15 guide dog, signal dog, or service animal shall be so designated
 
16 on the license.  The director of finance, pursuant to chapter 91,
 
17 shall adopt rules for the licensing of [guide, signal, and
 
18 service dogs.] dogs approved by the director to be guide dogs,
 
19 signal dogs, or service animals."
 
20      SECTION 3.  Chapter 347, Hawaii Revised Statutes, is amended
 
21 by amending its title to read as follows:
 
22                           "CHAPTER 347
 
23                 [BLIND AND VISUALLY HANDICAPPED]
 

 
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 1                    PERSONS WITH DISABILITIES"
 
 2      SECTION 4.  Section 347-13, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (b) to read as follows:
 
 4      "(b)  Every [blind, deaf, or visually or physically
 
 5 handicapped] person with a disability shall have the right to be
 
 6 accompanied by a [guide, signal, or service dog,] guide dog,
 
 7 signal dog, or service animal, especially trained for the
 
 8 purpose, in any of the places listed in subsection (a) without
 
 9 being required to pay an extra charge for the [guide, signal, or
 
10 service dog;] guide dog, signal dog, or service animal; provided
 
11 that the [blind, deaf, or visually or physically handicapped]
 
12 person shall be liable for any damage done to the premises or
 
13 facilities by [such dog.] the guide dog, signal dog, or service
 
14 animal.  No [such dog] guide dog, signal dog, or service animal
 
15 shall be considered dangerous merely because it is unmuzzled."
 
16      SECTION 5.  Section 347-17, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "347-17  Driver of vehicle, caution.  (a)  Any driver of a
 
19 vehicle [shall], on approaching a person who is [blind or
 
20 visually handicapped, and is carrying]:
 
21      (1)  Carrying or using an exposed cane or walking stick
 
22           which is painted white in color or painted white tipped
 
23           with red[, or a person who is blind or visually
 

 
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 1           handicapped and using]; or
 
 2      (2)  Using a guide dog[,];
 
 3 shall take such reasonable precautions before proceeding as may
 
 4 be necessary to avoid an accident or injury to the [blind or
 
 5 visually handicapped] person.
 
 6      (b)  Any driver of a vehicle, on approaching a person who is
 
 7 using an identifiable signal dog or service animal, shall take
 
 8 such reasonable precautions before proceeding as may be necessary
 
 9 to avoid an accident or injury to the person.  The director of
 
10 human services shall adopt rules in accordance with chapter 91 to
 
11 provide for the clear identification of signal dogs and service
 
12 animals."
 
13      SECTION 6.  Section 347-19, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "[[]347-19[]]  Rights of [blind; partially blind.] persons
 
16 with disabilities.  A [blind or visually handicapped] person with
 
17 a disability not carrying a cane or using a guide dog, signal
 
18 dog, or service animal in any of the places, accommodations, or
 
19 conveyances listed in section 347-13, shall have all of the
 
20 rights and privileges conferred by law upon other persons, and
 
21 the failure of [a blind or visually handicapped] the person with
 
22 a disability to carry a cane or to use a guide dog, signal dog,
 
23 or service animal in any such places, accommodations, or
 

 
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 1 conveyances shall not constitute nor be evidence of negligence."
 
 2      SECTION 7.  Section 515-3, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "515-3 Discriminatory practices.  It is a discriminatory
 
 5 practice for an owner or any other person engaging in a real
 
 6 estate transaction, or for a real estate broker or salesperson,
 
 7 because of race, sex, color, religion, marital status, familial
 
 8 status, ancestry, disability, age, or HIV (human immunodeficiency
 
 9 virus) infection:
 
10      (1)  To refuse to engage in a real estate transaction with a
 
11           person;
 
12      (2)  To discriminate against a person in the terms,
 
13           conditions, or privileges of a real estate transaction
 
14           or in the furnishing of facilities or services in
 
15           connection therewith;
 
16      (3)  To refuse to receive or to fail to transmit a bona fide
 
17           offer to engage in a real estate transaction from a
 
18           person;
 
19      (4)  To refuse to negotiate for a real estate transaction
 
20           with a person;
 
21      (5)  To represent to a person that real property is not
 
22           available for inspection, sale, rental, or lease when
 
23           in fact it is so available, or to fail to bring a
 

 
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 1           property listing to the person's attention, or to
 
 2           refuse to permit the person to inspect real property,
 
 3           or to steer a person seeking to engage in a real estate
 
 4           transaction;
 
 5      (6)  To print, circulate, post, or mail, or cause to be so
 
 6           published a statement, advertisement, or sign, or to
 
 7           use a form of application for a real estate
 
 8           transaction, or to make a record or inquiry in
 
 9           connection with a prospective real estate transaction,
 
10           which indicates, directly or indirectly, an intent to
 
11           make a limitation, specification, or discrimination
 
12           with respect thereto;
 
13      (7)  To offer, solicit, accept, use, or retain a listing of
 
14           real property with the understanding that a person may
 
15           be discriminated against in a real estate transaction
 
16           or in the furnishing of facilities or services in
 
17           connection therewith;
 
18      (8)  To refuse to engage in a real estate transaction with a
 
19           person or to deny equal opportunity to use and enjoy a
 
20           housing accommodation due to a disability because the
 
21           person uses the services of a guide dog, signal dog, or
 
22           service animal; provided that reasonable restrictions
 
23           or prohibitions may be imposed regarding excessive
 

 
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 1           noise or other problems caused by [those animals.]
 
 2           guide dogs, signal dogs, and service animals.  For the
 
 3           purposes of this paragraph:
 
 4                "Blind" shall be as defined in section 235-1;
 
 5                "Deaf" shall be as defined in section 235-1;
 
 6                "Guide dog" means any dog individually trained by
 
 7           a licensed guide dog trainer for guiding a blind person
 
 8           by means of a harness attached to the dog and a rigid
 
 9           handle grasped by the person;
 
10                "Reasonable restriction" shall not include any
 
11           restriction that allows any owner or person to refuse
 
12           to negotiate or refuse to engage in a real estate
 
13           transaction; provided that as used in this paragraph,
 
14           the "reasonableness" of a restriction shall be examined
 
15           by giving due consideration to the needs of a
 
16           reasonable prudent person in the same or similar
 
17           circumstances.  Depending on the circumstances, a
 
18           "reasonable restriction" may require the owner of the
 
19           service animal, guide dog, or signal dog to comply with
 
20           one or more of the following:
 
21           (A)  Observe applicable laws including leash laws and
 
22                pick-up laws;
 
23           (B)  Assume responsibility for damage caused by the
 

 
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 1                guide dog[;], signal dog, or service animal; or
 
 2           (C)  Have the housing unit cleaned upon vacating by
 
 3                fumigation, deodorizing, professional carpet
 
 4                cleaning, or other method appropriate under the
 
 5                circumstances.
 
 6           The foregoing list is illustrative only, and neither
 
 7           exhaustive nor mandatory;
 
 8                "Service animal" means any animal that is trained
 
 9           to provide those life activities limited by the
 
10           disability of the person[;], including blindness and
 
11           deafness;
 
12                "Signal dog" means any dog that is trained to
 
13           alert a deaf person to intruders or sounds;
 
14      (9)  To solicit or require as a condition of engaging in a
 
15           real estate transaction that the buyer, renter, or
 
16           lessee be tested for human immunodeficiency virus
 
17           infection (HIV), the causative agent of acquired
 
18           immunodeficiency syndrome (AIDS);
 
19     (10)  To refuse to permit, at the expense of a person with a
 
20           disability, reasonable modifications to existing
 
21           premises occupied or to be occupied by the person if
 
22           modifications may be necessary to afford the person
 
23           full enjoyment of the premises.  A real estate broker
 

 
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 1           or salesperson, where it is reasonable to do so, may
 
 2           condition permission for a modification on the person
 
 3           agreeing to restore the interior of the premises to the
 
 4           condition that existed before the modification,
 
 5           reasonable wear and tear excepted;
 
 6     (11)  To refuse to make reasonable accommodations in rules,
 
 7           policies, practices, or services, when the
 
 8           accommodations may be necessary to afford a person with
 
 9           a disability equal opportunity to use and enjoy a
 
10           housing accommodation;
 
11     (12)  In connection with the design and construction of
 
12           covered multifamily housing accommodations for first
 
13           occupancy after March 13, 1991, to fail to design and
 
14           construct housing accommodations in such a manner that:
 
15           (A)  The housing accommodations have at least one
 
16                accessible entrance, unless it is impractical to
 
17                do so because of the terrain or unusual
 
18                characteristics of the site; and
 
19           (B)  With respect to housing accommodations with an
 
20                accessible building entrance:
 
21                (i)  The public use and common use portions of the
 
22                     housing accommodations are accessible to and
 
23                     usable by disabled persons;
 

 
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 1               (ii)  Doors allow passage by persons in
 
 2                     wheelchairs; and
 
 3              (iii)  All premises within covered multifamily
 
 4                     housing accommodations contain an accessible
 
 5                     route into and through the housing
 
 6                     accommodations; light switches, electrical
 
 7                     outlets, thermostats, and other environmental
 
 8                     controls are in accessible locations;
 
 9                     reinforcements in the bathroom walls allow
 
10                     installation of grab bars; and kitchens and
 
11                     bathrooms are accessible by wheelchair; or
 
12     (13)  To discriminate against or deny a person access to, or
 
13           membership or participation in any multiple listing
 
14           service, real estate broker's organization, or other
 
15           service, organization, or facility involved either
 
16           directly or indirectly in real estate transactions, or
 
17           to discriminate against any person in the terms or
 
18           conditions of such access, membership, or
 
19           participation."
 
20      SECTION 8.  This Act does not affect rights and duties that
 
21 matured, penalties that were incurred, and proceedings that were
 
22 begun, before its effective date.
 
23      SECTION 9.  Statutory material to be repealed is bracketed.
 

 
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 1 New statutory material is underscored.
 
 2      SECTION 10.  This Act shall take effect upon its approval.
 
 3 
 
 4                           INTRODUCED BY:_________________________