Hawaii House Bill 871 seeks to require that sellers or providers of emotional support animals (ESAs), and sellers or providers of certificates, identifications, tags, vests, leashes, and harnesses for ESAs, provide a disclaimer that an ESA is not a service animal under state law.
Like with its companion, Senate Bill 612, the American Kennel Club (AKC) is concerned that HB 871 uses the term “rights” when describing animals. We urge you to contact HB 871’s sponsors and the House Health and Homelessness Committee to request the amendments below be made to the bill.
AT ISSUE: USE OF “RIGHTS” LANGUAGE
AKC shares HB 871’s recognition that service animals are specifically task trained while emotional support animals are not. AKC’s concern about this proposal is the use of the term “rights” and similar language to describe the relationship of animals and the law. Click here to learn more. AKC supports the continued traditional classification and description of animals as property under the law, which helps assure the rights and responsibilities of dog owners, and requests the following amendments.
RECOMMENDED AMENDMENT 1:
As introduced, section (a) of HB 871 would require any person or business that sells or provides an animal for use as an emotional support animal to provide written notice to the buyer/recipient that:
(1) The animal does not have special training required to qualify as a service animal.
(2) The animal is not entitled to the rights and privileges accorded by law to a service animal.
(3) It is a violation to knowingly misrepresent any animal as a service animal that does not meet the state’s definition.
AKC recommends the italicized language in (a)(2) above be amended to read, “(2) The user of an emotional support animal is not entitled to the privileges accorded by law to the user of a service animal.”
RECOMMENDED AMENDMENT 2:
Similarly, section (b) of HB 871 would require any person or business that sells or provides a certificate, identification, tag, vest, leash, or harness for an emotional support animal to provide written notice to the buyer/recipient that:
(1) The item does not entitle an emotional support animal to the rights and privileges accorded by law to a service animal; and
(2) It is a violation to knowingly misrepresent any animal as a service animal that does not meet the state’s definition.
AKC recommends the italicized language in (b)(1) above be amended to read, “(1) The item does not entitle the user of an emotional support animal to the privileges accorded by law to the user of a of a service animal.
WHAT YOU CAN DO:
Hawaii residents are encouraged to contact HB 871’s many sponsors and the members of the House Health and Homelessness Committee, which will consider the bill in a February 8, 2023, committee hearing, to request HB 871 be amended as above. Please use the points above as talking points in your communications with lawmakers.
View more information about the crucial difference between animal rights and animal welfare.
HB 871 Sponsors:
Representative Gregg Takayama (Dist. 24 – Oahu) – reptakayama@capitol.hawaii.gov
Representative Terez Amato (Dist. 11 – Maui) – repamato@capitol.hawaii.gov
Representative Elle Cochran (Dist. 14 – Maui) – repcochran@capitol.hawaii.gov
Representative Sonny Ganaden (Dist. 30 – Oahu) – repganaden@capitol.hawaii.gov
Representative Cedric Asuega Gates (Dist. 45 – Oahu) – repgates@capitol.hawaii.gov
Representative Troy N. Hashimoto (Dist. 10 – Maui) – rephashimoto@capitol.hawaii.gov
Representative Daniel Holt (Dist. 28 – Oahu) – repholt@capitol.hawaii.gov
Representative Natalia Hussey-Burdick (Dist. 50 – Oahu) – rephusseyburdick@capitol.hawaii.gov
Representative Linda Ichiyama (Dist. 31 – Oahu) – repichiyama@capitol.hawaii.gov
Representative Jeanne Kapela (Dist. 5 – Hawai’i Island) – repkapela@capitol.hawaii.gov
Representative Lisa Kitagawa (Dist. 48 – Oahu) – repkitagawa@capitol.hawaii.gov
Representative Rachele F. Lamosao (Dist. 36 – Oahu) – replamosao@capitol.hawaii.gov
Representative Lisa Marten (Dist. 51 – Oahu) – repmarten@capitol.hawaii.gov
Representative Cot Z. Matayoshi (Dist. 49 – Oahu) – repmatayoshi@capitol.hawaii.gov
Representative Dee Morikawa (Dist. 17 – Kauai) – repmorikawa@capitol.hawaii.gov
Representative Richard H.K. Onishi (Dist. 2 – Hawai’I Island) – reponishi@capitol.hawaii.gov
Representative Amy A. Perruso (Dist. 46 – Oahu) – repperruso@capitol.hawaii.gov
Representative Sean Quinlan (Dist. 47 – Oahu) – repquinlan@capitol.hawaii.gov
Representative Jenna Takenouchi (Dist. 27 – Oahu) – reptakenouchi@capitol.hawaii.gov
Representative Della Au Belatti (Dist. 26 – Oahu) – repbelatti@capitol.hawaii.gov
Representative Bertrand Kobayashi (Dist. 20 – Oahu) – repkobayashi@capitol.hawaii.gov
Representative Rose Martinez (Dist. 40 – Oahu) – repmartinez@capitol.hawaii.gov
Representative Mahina Poepoe (Dist. 13 – Maui, Lanai, Moloka’i) – reppoepoe@capitol.hawaii.gov
Representative Adrian K Tam (Dist. 24 – Oahu) – reptam@capitol.hawaii.gov
House Health and Homelessness Committee:
Letters to the entire committee may be submitted by clicking “Submit Testimony” on HB 871’s bill page. Individual committee members may be contacted as noted below. Note: * indicates bill sponsors.
Representative Della Au Belatti, Chair* (Dist. 26 – Oahu: Makiki, Punchbowl)
Phone: 808-586-9425, repbelatti@capitol.hawaii.gov
Representative Jenna Takenouchi, Vice Chair* (Dist. 27 – Oahu: Pacific Heights, Nu‘uanu, Liliha) Phone: 808-586-9415, reptakenouchi@capitol.hawaii.gov
Representative Terez Amato* (Dist. 11 – Maui: Portion of Mā‘alaea, Kīhei, Keawakapu, Wailea, Mākena, Kanahena, Keone‘ō‘io)
Phone: 808-586-8525, repamato@capitol.hawaii.gov
Representative Greggor Ilagan (Dist. 4 – Hawai’i Island: Hawaiian Paradise Park, Hawaiian Beaches, Nānāwale Estates, Leilani Estates)
Phone: 808-586-6530, repilagan@capitol.hawaii.gov
Representative Bertrand Kobayahsi* (Dist. 20 – Oahu: Kāhala, Ka‘alāwai, Wai‘alae, Kaimukī, Kapahulu)
Phone: 808-586-6310, repkobayashi@capitol.hawaii.gov
Representative John M. Mizuno (Dist. 29 – Oahu: Kamehameha Heights, Kalihi Valley, portion of Kalihi)
Phone: 808-586-6050, repmizuno@capitol.hawaii.gov
Representative Scott Y. Nishimoto (Dist. 23 – Oahu: Mō‘ili‘ili, McCully)
Phone: 808-586-8515, repnishimoto@capitol.hawaii.gov
Representative Diamond Garcia (Dist. 42 – Oahu: Portions of Varona Village, Ewa, and Kapolei, Fernandez Village)
Phone: 808-586-8500, repgarcia@capitol.hawaii.gov
COMPANION BILL UPDATE:
SB 612 was amended by the Senate Commerce and Consumer Protection Committee on Friday, February 3. The amendments have not yet been made publicly available.
FOR MORE INFORMATION:
Contact AKC Government Relations at doglaw@akc.org.