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Hawaii

Consolidated Assistance Animal/Guide Dog Laws

Statute Details
Printable Version
Citation: HI ST 711-1109.4; 711-1109.5; 143-4; 347-13 - 20

Citation: H R S 711-1109.4; 711-1109.5; 143-4; 347-13 - 20


Last Checked by Web Center Staff: 12/2013

Summary:  

The following statutes comprise the state's relevant assistance animal and guide dog laws.



Statute in Full:

West's Hawai‘i Revised Statutes Annotated. Division 5. Crimes and Criminal Proceedings. Title 37. Hawaii Penal Code. Chapter 711. Offenses Against Public Order.

§ 711-1109.4. Causing injury or death to a service dog

§ 711-1109.5. Intentional interference with the use of a service dog

Division 1. Government. Title 11. Agriculture and Animals. Chapter 143. Animals: Licenses and Regulations

§ 143-4. Issuance of license and tags

Division 1. Government. Title 20. Social Services. Chapter 347. Blind and Visually Handicapped Persons.

[§ 347-2.5]. Service dog, defined

§ 347-13. Blind, partially blind, physically handicapped; public places; public conveyances

§ 347-13.5. Suits by individuals; jurisdiction; venue

§ 347-14. Penalty

§ 347-15. Fares for blind person and guide

§ 347-16. Canes, use in public places

§ 347-17. Driver of vehicle, caution

§ 347-18. Penalty

§ 347-19. Rights of blind; partially blind

§ 347-20. Legislative findings

 

 

West's Hawai‘i Revised Statutes Annotated. Division 5. Crimes and Criminal Proceedings. Title 37. Hawaii Penal Code. Chapter 711. Offenses Against Public Order.

§ 711-1109.4. Causing injury or death to a service dog

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

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

(2) Subsection (1) shall not apply to:

(a) Accepted veterinary practices;

(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or

(c) Cropping or docking as customarily practiced and permitted by law.

(3) Any person who commits the offense of causing injury or death to a service dog or law enforcement animal shall be guilty of a class C felony.

(4) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to:

(a) The owner of the service dog or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service dog or law enforcement animal; and

(b) The person, entity, or organization that incurs the cost of retraining or replacing the service dog or law enforcement animal for the cost of retraining or replacing the service dog or law enforcement animal if it is disabled or killed.

(5) As used in this section “service dog” shall have the same meaning as in section 347-2.5.

Credits

Laws 2002, ch. 259, § 1; Laws 2011, ch. 175, § 9, eff. July 1, 2011; Laws 2013, ch. 205, § 2, eff. June 26, 2013.

 

 

§ 711-1109.5. Intentional interference with the use of a service dog

(1) A person commits the offense of intentional interference with the use of a service dog 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 dog or law enforcement animal while the service dog or law enforcement animal is in the discharge of its duties.

(2) Subsection (1) shall not apply to:

(a) Accepted veterinary practices;

(b) Activities carried on for scientific research governed by standards or accepted educational or medicinal practices; or

(c) Cropping or docking as customarily practiced and permitted by law.

(3) Intentional interference with the use of a service dog or law enforcement animal is a misdemeanor.

(4) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to:

(a) The owner of the service dog or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service dog or law enforcement animal; and

(b) The person, entity, or organization that incurs the cost of retraining or replacing the service dog or law enforcement animal for the cost of retraining or replacing the service dog or law enforcement animal, if it is disabled or killed.

(5) Nothing in this section is intended to affect any civil remedies available for a violation of this section.

(6) As used in this section, “service dog” shall have the same meaning as in section 347-2.5.

Credits

Laws 2002, ch. 259, § 1; Laws 2011, ch. 175, § 10, eff. July 1, 2011; Laws 2013, ch. 205, § 3, eff. June 26, 2013.

 

 

Division 1. Government. Title 11. Agriculture and Animals. Chapter 143. Animals: Licenses and Regulations

§ 143-4. Issuance of license and tags

Upon the receipt of the license fee, the director of finance shall issue to the person paying the fee a license stating the following:

(1) The name and address of the person to whom the license is issued;

(2) The year for which the license is paid;

(3) The date of payment;

(4) A description of the dog for which the license is issued; and

(5) The number of the metal tag issued for the dog.

The director of finance shall at the same time issue and deliver to the person a metal tag in the form and design as the director of finance may designate with a serial number and the year for which it is issued plainly inscribed thereon. The tag shall be attached to a collar around the neck of the dog for which the license has been issued. The fee for the tag shall be set by each county council; provided that, until and unless provided by ordinance, the fee shall be 10 cents.

CREDIT(S)

Laws 1941, ch. 268, § 4; R.L. 1945, § 7154; R.L. 1955, § 156-4; H.R.S. § 143-4; Laws 1983, ch. 227, § 3; Laws 1984, ch. 90, § 1; Laws 1991, ch. 178, § 4; Laws 2011, ch. 175, § 4, eff. July 1, 2011.

 

Division 1. Government. Title 20. Social Services. Chapter 347. Blind and Visually Handicapped Persons.

[§ 347-2.5]. Service dog, defined

As used in this chapter, “service dog” 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, intellectual, or other mental disability. A companion or comfort animal is not a service dog unless it meets the requirements of this definition and it accompanies a person for the purpose of performing the work or tasks for which it has been trained.

CREDIT(S)

Laws 2011, ch. 175, § 2, eff. July 1, 2011.

 

§ 347-13. Blind, partially blind, physically handicapped; public places; public conveyances

(a) Persons who are blind, visually handicapped, or otherwise disabled 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 to all persons.

(b) Every person who is blind, deaf, visually handicapped, or otherwise disabled shall have the right to be accompanied by a service dog, 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 dog; provided that the person shall be liable for any damage done to the premises or facilities by the service dog. No service dog shall be considered dangerous merely because it is unmuzzled.

(c) Every disabled person shall have the right to use a life jacket or other flotation device in a public swimming pool; provided that:

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

(2) The person obtains a statement signed by a licensed physician or physician assistant attesting to the person'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.

CREDIT(S)

Laws 1945, ch. 265, § 1; R.L. 1955, § 109-20; H.R.S. § 347-13; Laws 1972, ch. 75, § 2; Laws 1984, ch. 90, § 1; Laws 1987, ch. 339, § 4; Laws 1987, ch. 363, § 1; Laws 1988, ch. 206, § 2; Laws 1991, ch. 178, § 1; Laws 2009, ch. 151, § 17, eff. June 25, 2009; Laws 2011, ch. 175, § 6, eff. July 1, 2011.

 

§ 347-13.5. Suits by individuals; jurisdiction; venue

Any person injured by a violation of section 347-13 may bring a civil action to recover three times the person's actual damages or $1,000, whichever sum is greater, for each violation. Any person bringing such an action shall also be entitled to recover the person's costs together with reasonable attorneys' fees. An action under this section shall be brought in the circuit court of the district in which the violation is alleged to have occurred.

Laws 1988, ch. 206, § 1.

 

§ 347-14. Penalty

Any person, business, or agency who violates section 347-13 and any common or public carrier which, and any officer or employee of any common carrier who violates, or causes such carrier to violate, section 347-13 shall be fined not more than $1,000.

Laws 1945, ch. 265, § 2; R.L. 1955, § 109-21; H.R.S. § 347-14; Laws 1987, ch. 363, § 2; Laws 1988, ch. 206, § 3.

 

§ 347-15. Fares for blind person and guide

It shall be lawful under the law of the State for any carrier, whether public or private, whether a public utility or not a public utility, to carry on any conveyance operated by the carrier any blind person and the blind person's guide and not to charge them passenger fares. This section shall not be construed to affect the contractual rights of any person or to place any obligation or restriction on any carrier.

Laws 1947, ch. 109, § 1; R.L. 1955, § 109-22; Laws 1967, ch. 153, § 1; H.R.S. § 347-15; Laws 1984, ch. 90, § 1.

 

§ 347-16. Canes, use in public places

No person, unless blind or visually handicapped and authorized by the department of human services so to do, shall carry or use on any street or highway, or in any other public place, an exposed cane or walking stick which is painted white in color or painted white tipped with red.

Laws 1947, ch. 35, § 1; R.L. 1955, § 109-23; Laws 1959, ch. 246, § 9; Laws 1959, 2nd Sp. Sess., ch. 1, § 20; H.R.S. § 347-16; Laws 1970, ch. 105, § 5; Laws 1987, ch. 339, § 4.

 

§ 347-17. Driver of vehicle, caution

Any driver of a vehicle shall, on approaching a person who is blind or visually handicapped, and is carrying or using an exposed cane or walking stick which is painted white in color or painted white tipped with red, or 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.

Laws 1947, ch. 35, § 2; Laws 1955, ch. 92, § 1; R.L. 1955, § 109-24; Laws 1959, ch. 246, § 10; Laws 1963, ch. 193, § 36; H.R.S. § 347-17.

 

§ 347-18. Penalty

Any person who violates section 347-16 or 347-17 shall be fined not more than $100 or imprisoned not more than six months, or both.

Laws 1947, ch. 35, § 3; R.L. 1955, § 109-25; H.R.S. § 347-18.

 

§ 347-19. Rights of blind; partially blind

A blind or visually handicapped person not carrying a cane or using a service dog in any of the places, accommodations or conveyances listed in section 347-13, shall have all of the rights and privileges conferred by law upon other persons, and the failure of a blind or visually handicapped person to carry a cane or to use a service dog in any such places, accommodations, or conveyances shall not constitute nor be evidence of negligence.

CREDIT(S)

Laws 1972, ch. 75, § 3; Laws 2011, ch. 175, § 7, eff. July 1, 2011.

 

§ 347-20. Legislative findings

The legislature finds that it is the policy of this State to encourage and enable the blind, the visually handicapped, and the otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunerative employment. The legislature also finds that the blind, the visually handicapped, and the otherwise physically disabled have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places. The legislature declares that it is the policy of this State that the blind, the visually handicapped, and the otherwise physically disabled shall be employed in the state service, in the service of the political subdivisions of the State, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.

Laws 1972, ch. 75, § 1.




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