Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB238 Compare Versions

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11 2025 - 2026 LEGISLATURE
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44 2025 ASSEMBLY BILL 238
55 May 2, 2025 - Introduced by Representatives GREEN, ANDRACA, MURSAU,
66 O'CONNOR and PIWOWARCZYK, cosponsored by Senators JAMES and
77 WANGGAARD. Referred to Committee on Commerce.
88 AN ACT to create 106.52 (1) (ce), 106.52 (1) (fe) and 106.52 (3) (as) of the
99 statutes; relating to: prohibiting hotels, inns, and motels from discriminating
1010 against dog handlers who are accompanied by search and rescue dogs.
1111 Analysis by the Legislative Reference Bureau
1212 This bill prohibits hotels, inns, and motels from discriminating against dog
1313 handlers who are accompanied by search and rescue dogs in the provision of
1414 accommodations.
1515 Under current law, a public place of accommodation, including a lodging
1616 establishment, may not refuse entrance into, or use of, or otherwise deny the full
1717 and equal enjoyment of the establishment to a person with a disability or to a
1818 service animal trainer because the person is accompanied by a service animal,
1919 unless accommodation of the service animal would result in a fundamental
2020 alteration in the nature of the accommodations, goods, or services provided or
2121 would jeopardize the safe operation of the public accommodation. Also under
2222 current law, a public accommodation may not charge a person with a disability or a
2323 trainer a higher price than the regular rate, including a deposit or surcharge, for
2424 the full and equal enjoyment of the public accommodation because the person is
2525 accompanied by a service animal, and a public accommodation is prohibited from
2626 communicating, in writing, that entrance into, the use of, or the full and equal
2727 enjoyment of the public accommodation will be denied to a person with a disability
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3535 or a trainer because he or she is accompanied by a service animal or that the
3636 patronage of such a person is unwelcome, objectionable, or unacceptable because he
3737 or she is accompanied by a service animal.
3838 In addition, current law requires a public accommodation to modify its
3939 policies, practices, and procedures to allow the full and equal enjoyment of the
4040 public accommodation by a person with a disability or a trainer who is accompanied
4141 by a service animal and requires those policies, practices, and procedures to ensure
4242 that a person with a disability or a trainer who is accompanied by a service animal
4343 is not separated from the service animal, that the service animal is allowed to
4444 accompany the person with a disability or the trainer to all areas of the public
4545 accommodation that are open to the general public, and that the person with a
4646 disability or the trainer is not segregated from other patrons of the public
4747 accommodation.
4848 This bill provides the same protections for a dog handler who is accompanied
4949 by a search and rescue dog that is wearing a harness or cape to identify the dog as
5050 a search and rescue dog in a public accommodation that is a hotel, inn, or motel.
5151 The bill also provides that a dog handler who is accompanied by a search and rescue
5252 dog in a hotel, inn, or motel is responsible for any damage the dog causes to the
5353 establishment.
5454 The people of the state of Wisconsin, represented in senate and assembly, do
5555 enact as follows:
5656 SECTION 1. 106.52 (1) (ce) of the statutes is created to read:
5757 106.52 (1) (ce) XDog handlerY means an individual who is trained to work
5858 with a search and rescue dog.
5959 SECTION 2. 106.52 (1) (fe) of the statutes is created to read:
6060 106.52 (1) (fe) XSearch and rescue dogY means a dog that is trained or is being
6161 trained by a state or nationally recognized search and rescue agency to locate lost or
6262 missing individuals and victims of disasters in search and rescue activities.
6363 SECTION 3. 106.52 (3) (as) of the statutes is created to read:
6464 106.52 (3) (as) 1. In this paragraph, Xhotel,Y Xinn,Y and XmotelY have the
6565 meaning given for XhotelY in s. 97.01 (7).
6666 2. Subject to subds. 3. to 6., no person may do any of the following:
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8282 a. Refuse to allow entrance into, or use of, or otherwise deny the full and equal
8383 enjoyment of a hotel, inn, or motel to a dog handler because the dog handler is
8484 accompanied by a search and rescue dog.
8585 b. Charge an individual a higher price than the regular rate, including a
8686 deposit or surcharge, for the full and equal enjoyment of a hotel, inn, or motel
8787 because the individual is a dog handler and is accompanied by a search and rescue
8888 dog.
8989 c. Directly or indirectly publish, circulate, display, or mail any written
9090 communication that the communicator knows is to the effect that entrance into, or
9191 use of, or the full and equal enjoyment of any of the facilities of the hotel, inn, or
9292 motel will be denied to an individual because the individual is a dog handler
9393 accompanied by a search and rescue dog or that the patronage of such an individual
9494 is unwelcome, objectionable, or unacceptable because the individual is accompanied
9595 by a search and rescue dog.
9696 3. The prohibitions specified in subd. 2. apply only if the dog accompanying
9797 the dog handler is wearing a harness or cape that indicates that the dog is a search
9898 and rescue dog and the search and rescue dog is leashed. Subdivision 2. does not
9999 prohibit a dog handler who is accompanied by a dog from being asked whether the
100100 dog is a search and rescue dog and does not prohibit the dog handler from being
101101 required to produce a certification or other credential that verifies that the dog is a
102102 search and rescue dog.
103103 4. A person may exclude a search and rescue dog from a hotel, inn, or motel if
104104 accommodation of the search and rescue dog would result in a fundamental
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132132 alteration in the nature of the accommodations provided or would jeopardize the
133133 safe operation of the hotel, inn, or motel. If a search and rescue dog must be
134134 separated from the dog handler accompanying the search and rescue dog, it is the
135135 responsibility of that dog handler to arrange for the care and supervision of the
136136 search and rescue dog during the period of separation.
137137 5. A dog handler who is accompanied by a search and rescue dog in a hotel,
138138 inn, or motel is liable for sanitation with respect to the search and rescue dog and
139139 damage to the establishment caused by the search and rescue dog.
140140 6. A hotel, inn, or motel shall modify its policies, practices, and procedures to
141141 permit the full and equal enjoyment of the hotel, inn, or motel by a dog handler who
142142 is accompanied by a search and rescue dog. Those policies, practices, and
143143 procedures shall ensure that a dog handler who is accompanied by a search and
144144 rescue dog is not separated from the search and rescue dog, that the search and
145145 rescue dog is allowed to accompany the dog handler to all areas of the hotel, inn, or
146146 motel that are open to the general public, and that the dog handler is not segregated
147147 from other patrons of the hotel, inn, or motel.
148148 (END)
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