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Committee approves service-animal misinformation bill after AG and disability-board revisions
Summary
SB 1493 passed the Senate Commerce and Consumer Protection Committee Feb. 4 with amendments recommended by the Attorney General’s office and the Disability and Communication Access Board to clarify enforcement and lessen potential interstate‑commerce concerns.
The Hawaii Senate Committee on Commerce and Consumer Protection on Feb. 4 advanced SB 1493, which would require sellers or providers of emotional support animals (ESA) to give buyers written notice that ESAs do not have the special training that qualifies a service animal under law.
The Attorney General’s office provided written comments, warning that the bill’s notice requirement could “impermissibly burden interstate commerce” if it were excessive compared with local benefits and that the bill “lacks an enforcement mechanism.” Leigh Ann Brewer, Deputy Attorney General, told the committee the office recommended clarifying enforcement and offered technical edits.
Author and other supporters, including Peter Fritz (attorney and advocate) and Donald Sakamoto (an individual who is blind), spoke in favor of the bill. Fritz said the bill mirrors a California measure aimed at curbing misrepresentation of service animals; Sakamoto said, “It's time to pass this bill,” and urged the committee to move the measure forward.
The Disability and Communication Access Board submitted late testimony proposing to replace sections 1 and 2 to specify an enforcement agency and to require medical professionals who provide documentation for ESAs to include the written disclosure the bill would require. Elizabeth Pearson of the board summarized those recommendations during testimony and urged the committee to designate an enforcement agency and align the bill with FHA and ADA requirements for documentation.
The committee adopted amendments that incorporate the Attorney General’s technical suggestions and the Disability and Communication Access Board’s recommended revisions, clarified enforcement, and set a defective effective date of July 1, 2050 to allow further discussion. The chair and vice chair recorded aye votes and no objections were noted during the decision-making session.
With the AG and DCAB revisions adopted, the bill will proceed with clarified enforcement language and further policy work before later legislative steps.
