Bill imposing penalty for false service animals heads to the governor’s desk
HILO — A bill that would penalize people who falsely present their pets as service animals passed its final reading Tuesday and will go before the governor’s office for final consideration.
If Gov. David Ige approves it, Senate Bill 2461 will impose fines on those who knowingly misrepresent a pet as a service animal in order to bring the animal to a place where it would otherwise be prohibited.
According to the text of the bill, offenders can be fined between $100 and $250 for their first violation and between $100 and $500 for any subsequent violation.
Tina Yamaki, president of the Retail Merchants of Hawaii, said the bill hopefully will cut down on encounters with untrained animals in Hawaii retail locations.
“We’re seeing more and more people bringing animals into stores,” Yamaki said. “Sometimes they relieve themselves in the aisles.”
In addition to matters of hygiene, Yamaki said unruly animals can often present liability issues. Untrained animals can intimidate other customers and, if the animal bites a person, can open up a tortuous litigation process.
The question, however, is whether the bill can be sufficiently enforced. Francine Wai, president of the Disability and Communication Access Board, was skeptical.
“It’s one thing to turn people away,” Wai said. “It’s another thing to try to prosecute people.”
The problem, Wai said, is in the amount of evidence required to confirm a violation took place. Owners of genuine service animals do not obtain documentation confirming the nature of their pets, meaning proving false representation occurred at all is not straightforward.