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Hawaii Hawaii Service Dog Law

Definitions

Under Chapter 347:

As used in this chapter, "service animal" means 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. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must relate directly to the individual's disability. Neither the potential crime deterrent effects of an animal's presence nor the provision of emotional support, comfort, or companionship by an animal constitutes work or tasks for the purposes of this definition.

H R S § 347-2.5

[Note that intentional interference with service dog law also adopts this new definition of service dog.]

Accommodation Law

Every person who is blind, deaf, visually handicapped, or otherwise disabled shall have the right to be accompanied by a service animal, especially trained for the purpose of assisting the person in any of the places listed in subsection (a) without being required to pay an extra charge for the service animal; provided that the person shall be liable for any damage done to the premises or facilities by the service animal. No service animal shall be considered dangerous merely because it is unmuzzled.

H R S § 347-13

Person injured by violation may bring a civil action to recover three times the person's actual damages or $1,000, whichever sum is greater, for each violation (also costs and attorney fees).

H R S § 347-13.5

Violation by person, business, agency, or any common or public carrier results in fine of not more than $1,000.

H R S § 347-14

Harassment of/Interference with Service Dogs

Causing injury or death:

A person commits the offense of causing injury or death to a service animal or law enforcement animal if:

(a) The person recklessly causes substantial bodily injury to or the death of any service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties; or

(b) The person is the owner of a dog and recklessly permits that dog to attack a service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties, resulting in the substantial bodily injury or death of the service animal or law enforcement animal.

Any person who commits the offense of causing injury or death to a service animal or law enforcement animal shall be guilty of a class C felony with mandatory restitution.

H R S § 711-1109.4

Intentional interference:

A person commits the offense of intentional interference with the use of a service animal or law enforcement animal if the person, with no legal justification, intentionally or knowingly strikes, beats, kicks, cuts, stabs, shoots, or administers any type of harmful substance or poison to a service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties.

Intentional interference with the use of a service animal or law enforcement animal is a misdemeanor with mandatory restitution.

H R S § 711-1109.5

Driving Law

Any driver of a vehicle shall, on approaching a person who is blind or visually handicapped and using a guide dog, take such reasonable precautions before proceeding as may be necessary to avoid an accident or injury to the blind or visually handicapped person.

H R S § 347-17

Violation results in fine of not more than $100 or imprisoned not more than six months, or both.

H R S § 347-18

Service Dog Fraud

It shall be unlawful for a person to knowingly misrepresent as a service animal any animal that does not meet the requirements of a service animal as defined in section 347-2.5.

Upon a finding of clear and convincing evidence, a person who violates subsection (a) 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.

H R S § 347-2.6
 
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