Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB239 Compare Versions

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11 2025 - 2026 LEGISLATURE
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44 2025 SENATE BILL 239
55 May 9, 2025 - Introduced by Senators JAMES and WANGGAARD, cosponsored by
66 Representatives GREEN, ANDRACA, MURSAU, O'CONNOR and PIWOWARCZYK.
77 Referred to Committee on Judiciary and Public Safety.
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99 ***AUTHORS SUBJECT TO CHANGE***
1010 AN ACT to create 106.52 (1) (ce), 106.52 (1) (fe) and 106.52 (3) (as) of the
1111 statutes; relating to: prohibiting hotels, inns, and motels from discriminating
1212 against dog handlers who are accompanied by search and rescue dogs.
1313 Analysis by the Legislative Reference Bureau
1414 This bill prohibits hotels, inns, and motels from discriminating against dog
1515 handlers who are accompanied by search and rescue dogs in the provision of
1616 accommodations.
1717 Under current law, a public place of accommodation, including a lodging
1818 establishment, may not refuse entrance into, or use of, or otherwise deny the full
1919 and equal enjoyment of the establishment to a person with a disability or to a
2020 service animal trainer because the person is accompanied by a service animal,
2121 unless accommodation of the service animal would result in a fundamental
2222 alteration in the nature of the accommodations, goods, or services provided or
2323 would jeopardize the safe operation of the public accommodation. Also under
2424 current law, a public accommodation may not charge a person with a disability or a
2525 trainer a higher price than the regular rate, including a deposit or surcharge, for
2626 the full and equal enjoyment of the public accommodation because the person is
2727 accompanied by a service animal, and a public accommodation is prohibited from
2828 communicating, in writing, that entrance into, the use of, or the full and equal
2929 enjoyment of the public accommodation will be denied to a person with a disability
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3737 or a trainer because he or she is accompanied by a service animal or that the
3838 patronage of such a person is unwelcome, objectionable, or unacceptable because he
3939 or she is accompanied by a service animal.
4040 In addition, current law requires a public accommodation to modify its
4141 policies, practices, and procedures to allow the full and equal enjoyment of the
4242 public accommodation by a person with a disability or a trainer who is accompanied
4343 by a service animal and requires those policies, practices, and procedures to ensure
4444 that a person with a disability or a trainer who is accompanied by a service animal
4545 is not separated from the service animal, that the service animal is allowed to
4646 accompany the person with a disability or the trainer to all areas of the public
4747 accommodation that are open to the general public, and that the person with a
4848 disability or the trainer is not segregated from other patrons of the public
4949 accommodation.
5050 This bill provides the same protections for a dog handler who is accompanied
5151 by a search and rescue dog that is wearing a harness or cape to identify the dog as
5252 a search and rescue dog in a public accommodation that is a hotel, inn, or motel.
5353 The bill also provides that a dog handler who is accompanied by a search and rescue
5454 dog in a hotel, inn, or motel is responsible for any damage the dog causes to the
5555 establishment.
5656 The people of the state of Wisconsin, represented in senate and assembly, do
5757 enact as follows:
5858 SECTION 1. 106.52 (1) (ce) of the statutes is created to read:
5959 106.52 (1) (ce) XDog handlerY means an individual who is trained to work
6060 with a search and rescue dog.
6161 SECTION 2. 106.52 (1) (fe) of the statutes is created to read:
6262 106.52 (1) (fe) XSearch and rescue dogY means a dog that is trained or is being
6363 trained by a state or nationally recognized search and rescue agency to locate lost or
6464 missing individuals and victims of disasters in search and rescue activities.
6565 SECTION 3. 106.52 (3) (as) of the statutes is created to read:
6666 106.52 (3) (as) 1. In this paragraph, Xhotel,Y Xinn,Y and XmotelY have the
6767 meaning given for XhotelY in s. 97.01 (7).
6868 2. Subject to subds. 3. to 6., no person may do any of the following:
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8484 a. Refuse to allow entrance into, or use of, or otherwise deny the full and equal
8585 enjoyment of a hotel, inn, or motel to a dog handler because the dog handler is
8686 accompanied by a search and rescue dog.
8787 b. Charge an individual a higher price than the regular rate, including a
8888 deposit or surcharge, for the full and equal enjoyment of a hotel, inn, or motel
8989 because the individual is a dog handler and is accompanied by a search and rescue
9090 dog.
9191 c. Directly or indirectly publish, circulate, display, or mail any written
9292 communication that the communicator knows is to the effect that entrance into, or
9393 use of, or the full and equal enjoyment of any of the facilities of the hotel, inn, or
9494 motel will be denied to an individual because the individual is a dog handler
9595 accompanied by a search and rescue dog or that the patronage of such an individual
9696 is unwelcome, objectionable, or unacceptable because the individual is accompanied
9797 by a search and rescue dog.
9898 3. The prohibitions specified in subd. 2. apply only if the dog accompanying
9999 the dog handler is wearing a harness or cape that indicates that the dog is a search
100100 and rescue dog and the search and rescue dog is leashed. Subdivision 2. does not
101101 prohibit a dog handler who is accompanied by a dog from being asked whether the
102102 dog is a search and rescue dog and does not prohibit the dog handler from being
103103 required to produce a certification or other credential that verifies that the dog is a
104104 search and rescue dog.
105105 4. A person may exclude a search and rescue dog from a hotel, inn, or motel if
106106 accommodation of the search and rescue dog would result in a fundamental
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134134 alteration in the nature of the accommodations provided or would jeopardize the
135135 safe operation of the hotel, inn, or motel. If a search and rescue dog must be
136136 separated from the dog handler accompanying the search and rescue dog, it is the
137137 responsibility of that dog handler to arrange for the care and supervision of the
138138 search and rescue dog during the period of separation.
139139 5. A dog handler who is accompanied by a search and rescue dog in a hotel,
140140 inn, or motel is liable for sanitation with respect to the search and rescue dog and
141141 damage to the establishment caused by the search and rescue dog.
142142 6. A hotel, inn, or motel shall modify its policies, practices, and procedures to
143143 permit the full and equal enjoyment of the hotel, inn, or motel by a dog handler who
144144 is accompanied by a search and rescue dog. Those policies, practices, and
145145 procedures shall ensure that a dog handler who is accompanied by a search and
146146 rescue dog is not separated from the search and rescue dog, that the search and
147147 rescue dog is allowed to accompany the dog handler to all areas of the hotel, inn, or
148148 motel that are open to the general public, and that the dog handler is not segregated
149149 from other patrons of the hotel, inn, or motel.
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