HOUSE OF REPRESENTATIVES

H.B. NO.

601

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 1

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 the administrative rules for the Americans with Disabilities Act (P.L. 101-336), Title II (codified at 42 U.S.C. 12131-12165) and Title III (codified at 42 U.S.C. 12181-12189) were revised and published on September 15, 2010, and become effective on March 15, 2011.  The administrative rules governing Title II (28 C.F.R. Part 35) relate specifically to state and county government programs and services.  The administrative rules governing Title III (28 C.F.R. Part 36) relate specifically to public accommodations or private businesses or public conveyances.  Both the Americans with Disabilities Act Titles II and III rules changed the definition of "service animals" to specify dogs.  Hawaii law references service animals in several sections of the Hawaii Revised Statutes.

     The legislature also finds that the definition for service animal varies between the Americans with Disabilities Act and the federal Fair Housing Act (P.L. 100-430).  The definition for service animal is broader under the Fair Housing Act than under the Americans with Disabilities Act.

     The purpose of this Act is to make changes to state law relating to public places and conveyances to the Americans with Disabilities Act.

     SECTION 2.  Section 347-13, Hawaii Revised Statutes, is amended to read as follows:

     "§347-13  [Blind, partially blind, physically handicapped;] Persons with disabilities; public places; public conveyances.  (a)  [The blind, visually handicapped, and otherwise physically disabled] Persons with disabilities are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

     (b)  Every [blind, deaf, or visually or physically handicapped person] person with a physical disability shall have the right to be accompanied by a [guide, signal, or] service dog, especially trained for the purpose[,] of assisting the person with a physical disability, in any of the places listed in subsection (a) without being required to pay an extra charge for the [guide, signal, or] service dog; provided that the [blind, deaf, or visually or physically handicapped] person with a physical disability shall be liable for any damage done to the premises or facilities by such dog.  No such dog shall be considered dangerous merely because it is unmuzzled.

     (c)  Every [physically handicapped] person with a physical disability shall have the right to use a life jacket or other flotation device in a public swimming pool; provided that:

     (1)  The [handicapped] person with a physical disability suffers from a physical disability or condition [which] that requires the use of a life jacket or other flotation device; and

     (2)  The [handicapped] person with a physical disability obtains a statement signed by a licensed physician or physician assistant attesting to the [handicapped person's] person with a physical disability's need to use a life jacket or other flotation device.

     (d)  The director of human services shall adopt rules pursuant to chapter 91 necessary for the purposes of this section."

     SECTION 3.  Section 515-3, Hawaii Revised Statutes, is amended to read as follows:

     "§515-3  Discriminatory practices.  It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson, because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection:

     (1)  To refuse to engage in a real estate transaction with a person;

     (2)  To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;

     (3)  To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;

     (4)  To refuse to negotiate for a real estate transaction with a person;

     (5)  To represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is available, or to fail to bring a property listing to the person's attention, or to refuse to permit the person to inspect real property, or to steer a person seeking to engage in a real estate transaction;

     (6)  To print, circulate, post, or mail, or cause to be published a statement, advertisement, or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, that indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect thereto;

     (7)  To offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith;

     (8)  To refuse to engage in a real estate transaction with a person or to deny equal opportunity to use and enjoy a housing accommodation due to a disability because the person uses the services of a [guide dog, signal dog, or] service animal; provided that reasonable restrictions or prohibitions may be imposed regarding excessive noise or other problems caused by those animals.  For the purposes of this paragraph:

              ["Blind" shall be as defined in section 235-1;

              "Deaf" shall be as defined in section 235-1;

              "Guide dog" means any dog individually trained by a licensed guide dog trainer for guiding a blind person by means of a harness attached to the dog and a rigid handle grasped by the person;]

              "Reasonable restriction" shall not include any restriction that allows any owner or person to refuse to negotiate or refuse to engage in a real estate transaction; provided that as used in this paragraph, the "reasonableness" of a restriction shall be examined by giving due consideration to the needs of a reasonable prudent person in the same or similar circumstances.  Depending on the circumstances, a "reasonable restriction" may require the owner of the service animal[, guide dog, or signal dog] to comply with one or more of the following:

         (A)  Observe applicable laws including leash laws and pick-up laws;

         (B)  Assume responsibility for damage caused by the dog; or

         (C)  Have the housing unit cleaned upon vacating by fumigation, deodorizing, professional carpet cleaning, or other method appropriate under the circumstances.

          The foregoing list is illustrative only, and is neither exhaustive nor mandatory;

              "Service animal" means any [animal] dog, including guide dogs and hearing dogs, that is trained to provide those life activities limited by the disability of the person;

              ["Signal dog" means any dog that is trained to alert a deaf person to intruders or sounds;]

     (9)  To solicit or require as a condition of engaging in a real estate transaction that the buyer, renter, or lessee be tested for human immunodeficiency virus infection, the causative agent of acquired immunodeficiency syndrome;

    (10)  To refuse to permit, at the expense of a person with a disability, reasonable modifications to existing premises occupied or to be occupied by the person if modifications may be necessary to afford the person full enjoyment of the premises.  A real estate broker or salesperson, where it is reasonable to do so, may condition permission for a modification on the person agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

    (11)  To refuse to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a housing accommodation;

    (12)  In connection with the design and construction of covered multifamily housing accommodations for first occupancy after March 13, 1991, to fail to design and construct housing accommodations in such a manner that:

         (A)  The housing accommodations have at least one accessible entrance, unless it is impractical to do so because of the terrain or unusual characteristics of the site; and

         (B)  With respect to housing accommodations with an accessible building entrance:

              (i)  The public use and common use portions of the housing accommodations are accessible to and usable by [disabled] persons[;] with disabilities;

             (ii)  Doors allow passage by persons in wheelchairs; and

            (iii)  All premises within covered multifamily housing accommodations contain an accessible route into and through the housing accommodations; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; reinforcements in the bathroom walls allow installation of grab bars; and kitchens and bathrooms are accessible by wheelchair; or

    (13)  To discriminate against or deny a person access to, or membership or participation in any multiple listing service, real estate broker's organization, or other service, organization, or facility involved either directly or indirectly in real estate transactions, or to discriminate against any person in the terms or conditions of such access, membership, or participation."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.



 

Report Title:

Service Animals; Definitions; ADA Rules; FHA

 

Description:

Makes changes to state law relating to public conveyances to the Americans With Disabilities Act.  (HB601 HD1)

 

 

 

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