[Nfb-hi] FW: For your completion and mail out....

Milton Ota mota at hawaii.rr.com
Mon May 2 23:20:28 UTC 2011


  _____  

From: Debbie L. Jackson [mailto:debbra.jackson at doh.hawaii.gov] 
Sent: Monday, May 02, 2011 12:34 PM
To: Service Animal Group
Cc: Francine Wai; Cindy Omura
Subject: FW: For your completion and mail out....


To those interested in the Legislation relating to Service Animals,

DCAB thanks you for your interest, support, and testimonies (when provided)
to help us achieve our goal of improving Hawaii's laws relating to service
animals to be more consistent with federal law.   SB 892, SD2, HD2 has
successfully passed the legislature and is now awaiting review and signature
by the Governor.  We (DCAB) have requested a public bill signing ceremony
and will inform you if and when that occurs.  

The bill does the following:



1.	Added a definition to the state statutes under chapter 347, Public
Conveyances, for "service dog" that is consistent with the ADA and clarified
that the dog must be trained to do a task for an individual with a
disability, and does not include a "comfort or companion animal" that is not
trained to do a task for the individual with a disability. 

2.	Conformed the definition of "service dog" under section 142-5.5
regarding quarantine and in section 711-1109.4 regarding criminal offenses
against "service dogs" and referenced the new definition in chapter 347. 

3.	Changed the term "visually impaired" to "visually handicapped"
under section 347-13 to ensure equality for persons with visual disabilities
and made conforming amendments to other statutory provisions. 

4.	Deleted option of having "guide," "service," or "signal" dog noted
on the dog registration form by the counties. The ADA does not require
documentation that an animal is a "service dog," therefore references to the
notation on the dog registration form under section 143-4 were removed. 

5.	Conformed language under section 515-3 to the Fair Housing Act by
including the language "if reasonable accommodation includes use of an
animal, reasonable restrictions may be imposed." 

6.	Made other technical and non-substantive amendments for clarity,
consistency and style. 

7.	Bill becomes effective when the Governor signs it.



All amendments to specific sections of the law makes State law consistent
with definitions used in the federal Americans with Disabilities Act and
Fair Housing Act.  Appropriate sections of the state laws referencing
"service animals," "guide dogs," "signal dogs'" and "service dogs" are now
consistent with federal laws. The bill is effective when the Governor signs
it.

If you would like to see the final version, here is the link:
<http://www.capitol.hawaii.gov/session2011/Bills/SB892_HD2_.HTM>
<http://www.capitol.hawaii.gov/session2011/Bills/SB892_HD2_.HTM> text
version
   <http://www.capitol.hawaii.gov/session2011/Bills/SB892_HD2_.pdf>
<http://www.capitol.hawaii.gov/session2011/Bills/SB892_HD2_.pdf> print
version

However, if you have any specific questions, please feel free to contact
DCAB.  After the bill is signed into law we will compile a current version
of all the applicable portions of the statute as a reference and make it
available in print and alternate format.  We also anticipate working with
the Hawaii Civil Rights Commission next year on some guidance relating to
reasonable expectations, restrictions, and behavior for service and comfort
animals in housing.  We will notify you when that happens to receive your
input.

Again, thank you so much for your interest and support.

Francine Wai, Executive Director
Debbie Jackson, Legislative Liaison/Planner
Disability & Communication Access Board
919 Ala Moana Blvd., Room 101
Honolulu, HI 96814
(808) 586-8121
(808) 586-8129 (fax)
dcab at doh.hawaii.gov
www.hawaii.gov/health/dcab/ 



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