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Hawaii Service Dog Laws

Hawaii Service Dog Laws

No Comments January 2, 2016

Definitions

Under accommodation law:

“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.

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 dog.

No service dog 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

Intentional Interference 
A person commits the offense of intentional interference with the use of a service dog if the person, with no legal justification, intentionally or knowingly:

(a) Harms a service dog; or
(b) Strikes or kicks a service dog;

while the service dog is in the discharge of its duties.

Violation is misdemeanor.

H R S § 711-1109.5

Causing death to service dog

A person commits the offense of causing injury or death to a service dog if:
(a) The personrecklessly causes injury to or the death of any service dogwhile the service dog is in the discharge of its duties; or
(b) The person is the owner of a dog andrecklessly permits that dog to attack a service dog while the service dog is in the discharge of its duties, resulting in the injury or death of the service dog.

Any person who commits the offense of causing injury or death to a service dog shall be punished as follows:

(a) For a first offense by a fine of not more than $2,000, imprisonment of not more than thirty days, or both; and
(b) For a second or subsequent offense by a fine of not more than $5,000, imprisonment of not more than thirty days, or both.
Also must make restitution

H R S § 711-1109.4

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

Licensing Law

Per H  R S § 143-4, the director of finance shall adopt rules for the licensing of guide, signal, and service dogs

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