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HB1994
HOUSE OF REPRESENTATIVES
H.B. NO.
1994
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO SERVICE ANIMALS
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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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.
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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.
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Titles
II and III of the Americans with Disabilities Act define a service animal as a
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.
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Title I of
the Americans with Disabilities Act does not include a similar definition but
requires employers to make reasonable accommodations for an employee or job
applicant with a disability, which could include allowing the individual to use
a service animal or emotional support animal.
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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.
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Hawaii state law conforms to these federal provisions.
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The
legislature further finds that individuals who rely on emotional support
animals should be made aware that these animals do not qualify as service
animals.
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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, should be required to include a written
disclaimer stating that emotional support animals lack the requisite training
to qualify as service animals and are not entitled to the legal accommodations
provided to service animals under state and federal disability laws.
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The disclaimer should also state that
knowingly misrepresenting an emotional support animal as a service animal is
unlawful.
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Additionally,
when individuals purchase items such as certificates, vests, or identification
tags for their emotional support animals, a disclaimer provided at the time of
purchase should clarify that these items do not establish that the animal meets
the legal definition of a service animal.
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Accordingly,
the purpose of this Act is to require:
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(1)
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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
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(2)
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Sellers or providers of certificates,
vests, or identification tags that identify an animal as an emotional support
animal to provide written notice to the buyer or recipient that contains
certain disclosures regarding emotional support animals and service animals.
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SECTION
2.
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Chapter 347, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:
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�347-
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Emotional support
animals; disclaimer; civil penalty.
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(a)
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Any seller or provider of an animal for use as an emotional support
animal shall provide to the buyer or recipient of the animal written notice that
states the following:
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(1)
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The animal does not have the special
training required to qualify as a service animal;
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(2)
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The user of an emotional support
animal is not entitled to the rights and privileges accorded by law to the user
of a service animal; and
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(3)
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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 unlawful.
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(b)
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A person or business who provides
verification of a disability-related need for an emotional support animal shall
provide written notice to the user of the emotional support animal that states
the following:
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(1)
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The animal does not have the special
training required to qualify as a service animal;
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(2)
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The user of an emotional support
animal is not entitled to the rights and privileges accorded by law to the user
of a service animal; and
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(3)
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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 unlawful.
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(c)
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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 to the buyer or recipient of the item written
notice that states the following:
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(1)
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The item cannot be used to establish
the emotional support animal as a service animal;
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(2)
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The item does not entitle the user
of an emotional support animal to the rights and privileges accorded by law to
the user of a service animal; and
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(3)
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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 unlawful.
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(d)
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The written notices described in subsections
(a), (b), and (c) shall be made in at least twelve-point bold type.
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The written notices described in subsections
(a) and (c) shall be provided on the receipt for the emotional support animal
or the item described in subsection (c), or on a separate document attached to
the receipt.
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(e)
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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.
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(f)
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Nothing in this section shall preclude
any other civil remedies available to a person, entity, or other organization arising
from a person misrepresenting an animal as a service animal.
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SECTION
3.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION
4.
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New statutory material is
underscored.
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SECTION
5.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
Emotional
Support Animals; Disclaimer; Service Animals; Penalties
Description:
Requires
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 written notice of certain laws relating to emotional support animals.
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Requires persons or businesses that sell or
provide certificates, vests, or identification tags that identify an animal as
an emotional support animal to provide to the buyer or recipient written notice
of certain laws relating to emotional support animals.
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Establishes penalties.
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