1 | 1 | | 2025 - 2026 LEGISLATURE |
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2 | 2 | | LRB-1379/1 |
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3 | 3 | | MIM:cdc |
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4 | 4 | | 2025 ASSEMBLY BILL 238 |
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5 | 5 | | May 2, 2025 - Introduced by Representatives GREEN, ANDRACA, MURSAU, |
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6 | 6 | | O'CONNOR and PIWOWARCZYK, cosponsored by Senators JAMES and |
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7 | 7 | | WANGGAARD. Referred to Committee on Commerce. |
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8 | 8 | | AN ACT to create 106.52 (1) (ce), 106.52 (1) (fe) and 106.52 (3) (as) of the |
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9 | 9 | | statutes; relating to: prohibiting hotels, inns, and motels from discriminating |
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10 | 10 | | against dog handlers who are accompanied by search and rescue dogs. |
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11 | 11 | | Analysis by the Legislative Reference Bureau |
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12 | 12 | | This bill prohibits hotels, inns, and motels from discriminating against dog |
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13 | 13 | | handlers who are accompanied by search and rescue dogs in the provision of |
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14 | 14 | | accommodations. |
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15 | 15 | | Under current law, a public place of accommodation, including a lodging |
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16 | 16 | | establishment, may not refuse entrance into, or use of, or otherwise deny the full |
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17 | 17 | | and equal enjoyment of the establishment to a person with a disability or to a |
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18 | 18 | | service animal trainer because the person is accompanied by a service animal, |
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19 | 19 | | unless accommodation of the service animal would result in a fundamental |
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20 | 20 | | alteration in the nature of the accommodations, goods, or services provided or |
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21 | 21 | | would jeopardize the safe operation of the public accommodation. Also under |
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22 | 22 | | current law, a public accommodation may not charge a person with a disability or a |
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23 | 23 | | trainer a higher price than the regular rate, including a deposit or surcharge, for |
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24 | 24 | | the full and equal enjoyment of the public accommodation because the person is |
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25 | 25 | | accompanied by a service animal, and a public accommodation is prohibited from |
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26 | 26 | | communicating, in writing, that entrance into, the use of, or the full and equal |
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27 | 27 | | enjoyment of the public accommodation will be denied to a person with a disability |
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30 | 30 | | 3 2025 - 2026 Legislature |
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31 | 31 | | ASSEMBLY BILL 238 |
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32 | 32 | | - 2 - LRB-1379/1 |
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33 | 33 | | MIM:cdc |
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34 | 34 | | SECTION 1 |
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35 | 35 | | or a trainer because he or she is accompanied by a service animal or that the |
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36 | 36 | | patronage of such a person is unwelcome, objectionable, or unacceptable because he |
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37 | 37 | | or she is accompanied by a service animal. |
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38 | 38 | | In addition, current law requires a public accommodation to modify its |
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39 | 39 | | policies, practices, and procedures to allow the full and equal enjoyment of the |
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40 | 40 | | public accommodation by a person with a disability or a trainer who is accompanied |
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41 | 41 | | by a service animal and requires those policies, practices, and procedures to ensure |
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42 | 42 | | that a person with a disability or a trainer who is accompanied by a service animal |
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43 | 43 | | is not separated from the service animal, that the service animal is allowed to |
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44 | 44 | | accompany the person with a disability or the trainer to all areas of the public |
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45 | 45 | | accommodation that are open to the general public, and that the person with a |
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46 | 46 | | disability or the trainer is not segregated from other patrons of the public |
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47 | 47 | | accommodation. |
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48 | 48 | | This bill provides the same protections for a dog handler who is accompanied |
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49 | 49 | | by a search and rescue dog that is wearing a harness or cape to identify the dog as |
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50 | 50 | | a search and rescue dog in a public accommodation that is a hotel, inn, or motel. |
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51 | 51 | | The bill also provides that a dog handler who is accompanied by a search and rescue |
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52 | 52 | | dog in a hotel, inn, or motel is responsible for any damage the dog causes to the |
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53 | 53 | | establishment. |
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54 | 54 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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55 | 55 | | enact as follows: |
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56 | 56 | | SECTION 1. 106.52 (1) (ce) of the statutes is created to read: |
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57 | 57 | | 106.52 (1) (ce) XDog handlerY means an individual who is trained to work |
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58 | 58 | | with a search and rescue dog. |
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59 | 59 | | SECTION 2. 106.52 (1) (fe) of the statutes is created to read: |
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60 | 60 | | 106.52 (1) (fe) XSearch and rescue dogY means a dog that is trained or is being |
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61 | 61 | | trained by a state or nationally recognized search and rescue agency to locate lost or |
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62 | 62 | | missing individuals and victims of disasters in search and rescue activities. |
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63 | 63 | | SECTION 3. 106.52 (3) (as) of the statutes is created to read: |
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64 | 64 | | 106.52 (3) (as) 1. In this paragraph, Xhotel,Y Xinn,Y and XmotelY have the |
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65 | 65 | | meaning given for XhotelY in s. 97.01 (7). |
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66 | 66 | | 2. Subject to subds. 3. to 6., no person may do any of the following: |
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77 | 77 | | 11 2025 - 2026 Legislature |
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78 | 78 | | ASSEMBLY BILL 238 |
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79 | 79 | | - 3 - LRB-1379/1 |
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80 | 80 | | MIM:cdc |
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81 | 81 | | SECTION 3 |
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82 | 82 | | a. Refuse to allow entrance into, or use of, or otherwise deny the full and equal |
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83 | 83 | | enjoyment of a hotel, inn, or motel to a dog handler because the dog handler is |
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84 | 84 | | accompanied by a search and rescue dog. |
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85 | 85 | | b. Charge an individual a higher price than the regular rate, including a |
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86 | 86 | | deposit or surcharge, for the full and equal enjoyment of a hotel, inn, or motel |
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87 | 87 | | because the individual is a dog handler and is accompanied by a search and rescue |
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88 | 88 | | dog. |
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89 | 89 | | c. Directly or indirectly publish, circulate, display, or mail any written |
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90 | 90 | | communication that the communicator knows is to the effect that entrance into, or |
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91 | 91 | | use of, or the full and equal enjoyment of any of the facilities of the hotel, inn, or |
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92 | 92 | | motel will be denied to an individual because the individual is a dog handler |
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93 | 93 | | accompanied by a search and rescue dog or that the patronage of such an individual |
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94 | 94 | | is unwelcome, objectionable, or unacceptable because the individual is accompanied |
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95 | 95 | | by a search and rescue dog. |
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96 | 96 | | 3. The prohibitions specified in subd. 2. apply only if the dog accompanying |
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97 | 97 | | the dog handler is wearing a harness or cape that indicates that the dog is a search |
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98 | 98 | | and rescue dog and the search and rescue dog is leashed. Subdivision 2. does not |
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99 | 99 | | prohibit a dog handler who is accompanied by a dog from being asked whether the |
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100 | 100 | | dog is a search and rescue dog and does not prohibit the dog handler from being |
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101 | 101 | | required to produce a certification or other credential that verifies that the dog is a |
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102 | 102 | | search and rescue dog. |
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103 | 103 | | 4. A person may exclude a search and rescue dog from a hotel, inn, or motel if |
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104 | 104 | | accommodation of the search and rescue dog would result in a fundamental |
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127 | 127 | | 23 2025 - 2026 Legislature |
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128 | 128 | | ASSEMBLY BILL 238 |
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129 | 129 | | - 4 - LRB-1379/1 |
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130 | 130 | | MIM:cdc |
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131 | 131 | | SECTION 3 |
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132 | 132 | | alteration in the nature of the accommodations provided or would jeopardize the |
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133 | 133 | | safe operation of the hotel, inn, or motel. If a search and rescue dog must be |
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134 | 134 | | separated from the dog handler accompanying the search and rescue dog, it is the |
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135 | 135 | | responsibility of that dog handler to arrange for the care and supervision of the |
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136 | 136 | | search and rescue dog during the period of separation. |
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137 | 137 | | 5. A dog handler who is accompanied by a search and rescue dog in a hotel, |
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138 | 138 | | inn, or motel is liable for sanitation with respect to the search and rescue dog and |
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139 | 139 | | damage to the establishment caused by the search and rescue dog. |
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140 | 140 | | 6. A hotel, inn, or motel shall modify its policies, practices, and procedures to |
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141 | 141 | | permit the full and equal enjoyment of the hotel, inn, or motel by a dog handler who |
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142 | 142 | | is accompanied by a search and rescue dog. Those policies, practices, and |
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143 | 143 | | procedures shall ensure that a dog handler who is accompanied by a search and |
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144 | 144 | | rescue dog is not separated from the search and rescue dog, that the search and |
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145 | 145 | | rescue dog is allowed to accompany the dog handler to all areas of the hotel, inn, or |
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146 | 146 | | motel that are open to the general public, and that the dog handler is not segregated |
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147 | 147 | | from other patrons of the hotel, inn, or motel. |
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148 | 148 | | (END) |
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