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Hawaii Attorney General

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Honolulu, HI 96813 (Map)
Telephone: (808) 586-1500
Fax: (808) 586-1239
email AG

Hawaii Civil Rights Commission

830 Punchbowl Street, Room 411
Honolulu, HI 96813
Tel: (808) 586-8636
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State Code

State Constitution

State Legislature

Applies To

Trainers

Penalties

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§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;

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

(6) Any dog approved by the director of finance pursuant to rules established by the director to be a guide, signal, or service dog shall be so designated on the license.

The director of finance shall at the same time issue and deliver to the person a metal tag of such 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, which 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.

The director of finance, pursuant to chapter 91, shall adopt rules for the licensing of guide, signal, and service dogs.


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

(a) The blind, visually handicapped, and otherwise physically 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 alike to all persons.

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

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

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

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


§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.


§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.


§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.


§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.


§347-19 Rights of blind; partially blind.

A blind or visually handicapped person not carrying a cane or using a guide 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 guide dog in any such places, accommodations, or conveyances shall not constitute nor be evidence of negligence.


§515-3 Discriminatory practices.

It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson, because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection:

(1) To refuse to engage in a real estate transaction with a person;

(2) To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;

(3) To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;

(4) To refuse to negotiate for a real estate transaction with a person;

(5) To represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is available, or to fail to bring a property listing to the person's attention, or to refuse to permit the person to inspect real property, or to steer a person seeking to engage in a real estate transaction;

(6) To print, circulate, post, or mail, or cause to be published a statement, advertisement, or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, that indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect thereto;

(7) To offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith;

(8) To refuse to engage in a real estate transaction with a person or to deny equal opportunity to use and enjoy a housing accommodation due to a disability because the person uses the services of a guide dog, signal dog, or service animal; provided that reasonable restrictions or prohibitions may be imposed regarding excessive noise or other problems caused by those animals. For the purposes of this paragraph:

"Blind" shall be as defined in section 235-1;

"Deaf" shall be as defined in section 235-1;

"Guide dog" means any dog individually trained by a licensed guide dog trainer for guiding a blind person by means of a harness attached to the dog and a rigid handle grasped by the person;

"Reasonable restriction" shall not include any restriction that allows any owner or person to refuse to negotiate or refuse to engage in a real estate transaction; provided that as used in this paragraph, the "reasonableness" of a restriction shall be examined by giving due consideration to the needs of a reasonable prudent person in the same or similar circumstances. Depending on the circumstances, a "reasonable restriction" may require the owner of the service animal, guide dog, or signal dog to comply with one or more of the following:

(A) Observe applicable laws including leash laws and pick-up laws;

(B) Assume responsibility for damage caused by the dog; or

(C) Have the housing unit cleaned upon vacating by fumigation, deodorizing, professional carpet cleaning, or other method appropriate under the circumstances.

The foregoing list is illustrative only, and neither exhaustive nor mandatory;

"Service animal" means any animal that is trained to provide those life activities limited by the disability of the person;

"Signal dog" means any dog that is trained to alert a deaf person to intruders or sounds;

(9) To solicit or require as a condition of engaging in a real estate transaction that the buyer, renter, or lessee be tested for human immunodeficiency virus infection, the causative agent of acquired immunodeficiency syndrome;

(10) To refuse to permit, at the expense of a person with a disability, reasonable modifications to existing premises occupied or to be occupied by the person if modifications may be necessary to afford the person full enjoyment of the premises. A real estate broker or salesperson, where it is reasonable to do so, may condition permission for a modification on the person agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

(11) To refuse to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a housing accommodation;

(12) In connection with the design and construction of covered multifamily housing accommodations for first occupancy after March 13, 1991, to fail to design and construct housing accommodations in such a manner that:

(A) The housing accommodations have at least one accessible entrance, unless it is impractical to do so because of the terrain or unusual characteristics of the site; and

(B) With respect to housing accommodations with an accessible building entrance:

(i) The public use and common use portions of the housing accommodations are accessible to and usable by disabled persons;

(ii) Doors allow passage by persons in wheelchairs; and

(iii) All premises within covered multifamily housing accommodations contain an accessible route into and through the housing accommodations; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; reinforcements in the bathroom walls allow installation of grab bars; and kitchens and bathrooms are accessible by wheelchair; or

(13) To discriminate against or deny a person access to, or membership or participation in any multiple listing service, real estate broker's organization, or other service, organization, or facility involved either directly or indirectly in real estate transactions, or to discriminate against any person in the terms or conditions of such access, membership, or participation.


§515-4 Exemptions.

(a) Section 515-3 does not apply:

(1) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other if the lessor resides in one of the housing accommodations; or

(2) To the rental of a room or up to four rooms in a housing accommodation by an individual if the individual resides therein.

(b) Nothing in section 515-3 shall be deemed to prohibit refusal, because of sex, including gender identity or expression, sexual orientation, or marital status, to rent or lease housing accommodations:

(1) Owned or operated by a religious institution and used for church purposes as that term is used in applying exemptions for real property taxes; or

(2) Which are part of a religiously affiliated institution of higher education housing program which is operated on property that the institution owns or controls, or which is operated for its students pursuant to Title IX of the Higher Education Act of 1972.

(c) Nothing in this chapter regarding familial status or age shall apply to housing for older persons as defined by 42 United States Code section 3607(b)(2).


§711-1109.4 Causing injury or death to a guide dog, signal dog, or service animal.

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

(a) The person recklessly causes injury to or the death of any guide dog, signal dog, or service animal, while the dog 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 guide dog, signal dog, or service animal while that dog is in the discharge of its duties, resulting in the injury or death of the guide dog, signal dog, or service animal.

(2) Any person who commits the offense of causing injury or death to a guide dog, signal dog, or service animal 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.

(3) Any person who is convicted of a violation of this section shall be ordered to make restitution to:

(a) The person with a disability who has custody or ownership of the guide dog, signal dog, or service animal, for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the dog; and

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

(4) As used in this section, "guide dog", "signal dog", and "service animal" shall have the same meaning as in section 515-3(8).


§711-1109.5 Intentional interference with the use of a guide dog, signal dog, or service animal.

(1) A person commits the offense of intentional interference with the use of a guide dog, signal dog, or service animal if the person, with no legal justification, intentionally or knowingly:

(a) Harms a guide dog, signal dog, or service animal; or

(b) Strikes or kicks a guide dog, signal dog, or service animal;

while the guide dog, signal dog, or service animal is in the discharge of its duties.

(2) Intentional interference with the use of a guide dog, signal dog, or service animal is a misdemeanor.

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

(4) As used in this section, "guide dog", "signal dog", and "service animal" shall have the same meaning as in section 515-3(8).


Last updated 29JAN2008