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Hawaii State Service Dog Laws
This is a summarized version of state laws regarding service dogs in Hawaii. Please refer to the full statutes for detailed information
(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 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.
(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, physician assistant, or advanced practice registered nurse attesting to the person's need to use a life jacket or other flotation device.
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.
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.
SDiT Access
Service dogs in training don't have pubic access rights in Hawaii
Definitions
Hawaii only recognizes dogs as service animals, but must comply with the minimum standards set forth by the ADA that recognize dogs and miniature horses as service animals.
(1) 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.
(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 animal 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 animal or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service animal or law enforcement animal; and
(b) The person, entity, or organization that incurs the cost of retraining or replacing the service animal or law enforcement animal for the cost of retraining or replacing the service animal or law enforcement animal if it is disabled or killed.
(1) 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.
(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 animal 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 animal or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service animal or law enforcement animal; and
(b) The person, entity, or organization that incurs the cost of retraining or replacing the service animal or law enforcement animal for the cost of retraining or replacing the service animal 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 animal" shall have the same meaning as in section 347-2.5
Misrepresentation/ Service Dog Fraud
(a) 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.
(b) 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.
(c) Nothing in this section shall preclude any other civil remedies available to a person, entity, or other organization arising from misrepresentation by another person of a service animal.