SB 5788 — Concerning service animal training.

ENGROSSEDS-3453.4 SUBSTITUTE SENATE BILL 5788 State of Washington 68th Legislature 2024 Regular Session By Senate Law & Justice (originally sponsored by Senators Pedersen, Wagoner, Kuderer, Mullet, and Saldaña)Saldaña READPrefiled FIRST12/04/23. TIME 01/12/24.

Read first time 01/08/24.

Referred to Committee on Law & Justice.

RCW 49.60.040 and 2020 c 85 s 1 are each reenacted and amended to read as follows:

1 ESSBSB 5788 rendering of personal services, or for public conveyance or transportation on land, water, or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation, or public purposes, or public halls, public elevators, and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or educational institution, or schools of special instruction, or nursery schools, or day care centers or children's camps:

2 ESSBSB 5788 transactions by banks, savings and loan associations or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or service therefrom may be deferred.

3 ESSBSB 5788 (e) For purposes of (d) of this subsection, a limitation is not substantial if it has only a trivial effect.

4 ESSBSB 5788 (15) "Honorably discharged veteran or military status" means a person who is:

5 ESSBSB 5788 (25) "Service animal" means any dog or miniature horse((, as discussed in RCW 49.60.214,)) that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

(26) "Service animal trainee" means any dog or miniature horse that is undergoing training to becomedo work or perform tasks for the benefit of an individual with a servicedisability, animal.including a physical, sensory, psychiatric, intellectual, or other mental disability.

The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks.

As used in this definition, "gender expression or identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is differentp. from that traditionally associated with the sex assigned to that person at birth.

6 SB 5788 different from that traditionally associated with the sex assigned to that person at birth.

p.(1) It shall be a civil infraction under chapter 7.80 RCW for any person to misrepresent an animal as a service animal or service animal trainee.

6 ESSB 5788 (1) It shall be a civil infraction under chapter 7.80 RCW for any person to misrepresent an animal as a service animal or service animal trainee.

(((3) A place of public accommodation shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability in accordance with RCW 49.60.040(24) if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual p.

7 ESSBSB 5788 (((3) A place of public accommodation shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability in accordance with RCW 49.60.040(24) if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.

(c) Refuse or withhold from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusementamusement((, ((, except for)).

(3) A place of public accommodation must make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability in accordance with RCW 49.60.040(25) if the miniature horse has been individually trainedp. to do work or perform tasks for the benefit of the individual with a disability.

8 SB 5788 trained to do work or perform tasks for the benefit of the individual with a disability.

p.(4) If a place of public accommodation or of access to state government services, programs, or activities customarily charges a person for damages that the person causes to the place, the place may charge a person with a disability or service animal trainer for damages that a service animal or service animal trainee causes to the place.

8(5) ESSBA 5788person (4)with If a placedisability ofor publicservice accommodationanimal customarilytrainer chargesmust amaintain personcontrol forof damages that the person causes to the place, the place may charge a service animal traineror for damages that a service animal traineetrainee. causes to the place.

(5) A service animal trainer must maintain control of a service animal trainee.

If the use of a harness, leash, or other tether would interfere with the ability of the animal to do the work or perform the tasks for which the animal is trained or is being trained, control may be exerted by the effective use of voice commands, signals, or other means.

If an animal is not under control as required in this subsection, a place of public accommodation or of access to state government services, programs, or activities may consider the animal to be out of control for purposes of subsection (6) of this section.

(6)(a) Except as provided in this subsection, a place of public accommodation or of access to state government services, programs, or activities may not deny a person with a disability or service animal trainer the right to be accompanied by a service animal or service animal trainee in any area of the place that is open to the public or to business invitees.

A place of public accommodation or of access to state government services, programs, or activities may require a person with a disability or service animal trainer to remove a service animal or service animal trainee if:

(b) A place of public accommodation or of access to state government services, programs, or activities may impose legitimate requirements necessary for the safe operation of the place of public accommodation.accommodation or the services, programs, or activities.

The place of publicp. accommodation must ensure that the safety requirements are based on actual risks, not on speculation, stereotypes, or generalizations about persons with disabilities.

(c)9 ASB place5788 of public accommodation mayor postof signageaccess indicatingto thestate misrepresentationgovernment ofservices, anprograms, animalor asactivities amust serviceensure animalthat orthe servicesafety animalrequirements traineeare maybased resulton inactual arisks, civilnot infractionon ofspeculation, upstereotypes, toor $500generalizations pursuantabout topersons chapterwith 7.80disabilities. RCW.

(7) A place of public accommodation or of access to state government services, programs, or activities must make reasonable modifications as necessary to allow an opportunity for a person with a disability who is benefited by the use of a dog guide or service animal to obtain goods, services, and the use of the advantages, facilities, and privileges of the place.place or the advantages, facilities, and privileges of the state government services, programs, or activities.

For purposes of this subsection, except as provided in subsectionsubsections (6) and (8) of this section, in p.addition to any other applicable accommodation requirement, allowing the presence of the service animal is a reasonable modification.

9(8) ESSBIf 5788a additionplace of public accommodation or of access to anystate othergovernment applicableservices, accommodationprograms, requirement,or allowingactivities therequires presencea ofperson thewith a disability or a service animal istrainer to remove a service animal or service animal trainee under subsection (6) of this section, the place must give the person with a disability a reasonable modification.opportunity to obtain goods, services, and the use of the advantages, facilities, and privileges of the place or the advantages, facilities, and privileges of the state government services, programs, or activities without the service animal's presence.

(8)(9) A place of public accommodation or of access to state government services, programs, or activities is not required to provide care or supervision for a service animal or service animal trainee.

(9)(10) The protection granted under this section to a person with a disability or service animal trainer does not invalidate or limit the remedies, rights, and procedures of any other federal, state, or local laws that provide equal or greater protection of the rights of a person with a disability, service animal trainer, or individuals associated with a person with a disability.

10 ESSBSB 5788