[Wasagdu] text of HB2822

[Debby Phillips]

I read the new law if it is enacted, and it seems fine except it didn’t seems to indicate who would enforce the law, the police or the various Animal control departments throuout the state. Perhaps I am missing something.  I also did not see when the hearing is. So other then not knowing how this law would be enforced.    Debby 

Sent from my iPhone

> On Jan 30, 2018, at 2:34 PM, Becky Frankeberger via WASAGDU <wasagdu at nfbnet.org> wrote:
> 
> 2822.pdf
> AN ACT Relating to the definition and misrepresentation of1service animals; amending RCW 49.60.218 and 7.80.120; reenacting and2amending RCW 49.60.040;
> adding a new section to chapter 49.60 RCW;3creating a new section; prescribing penalties; and providing an4effective date.5
> BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
> NEW SECTION.
> Sec. 1.
> The legislature declares that service7animals that are properly trained to assist persons with disabilities8play a vital role in establishing independence
> for such persons.9There are an increasing number of occurrences where people10intentionally or mistakenly represent their pet, therapy animal, or11emotional
> support animal to be a service animal and attempt to bring12the animal into a place that it would otherwise not be allowed to13enter. Federal and state
> laws require places of public accommodation,14including food establishments, to allow an animal that is presented15as a service animal into a place of
> public accommodation; these same16places of public accommodation face a dilemma when someone enters the17premises and intentionally misrepresents his or
> her animal as a18service animal. The legislature finds that the misrepresentation of19an animal as a service animal trained to perform specific work or20tasks
> constitutes a disservice both to persons who rely on the use of21
> Sec. 2. RCW 49.60.040 and 2009 c 187 s 3 are each reenacted and8amended to read as follows:9
> The definitions in this section apply throughout this chapter10unless the context clearly requires otherwise.11
> (1) "Aggrieved person" means any person who: (a) Claims to have12been injured by an unfair practice in a real estate transaction; or13(b) believes that
> he or she will be injured by an unfair practice in14a real estate transaction that is about to occur.15
> (2)
> "Any place of public resort, accommodation, assemblage, or16amusement" includes, but is not limited to, any place, licensed or17unlicensed, kept for gain,
> hire, or reward, or where charges are made18for admission, service, occupancy, or use of any property or19facilities, whether conducted for the entertainment,
> housing, or20lodging of transient guests, or for the benefit, use, or21accommodation of those seeking health, recreation, or rest, or for22the burial or
> other disposition of human remains, or for the sale of23goods, merchandise, services, or personal property, or for the24rendering of personal services,
> or for public conveyance or25transportation on land, water, or in the air, including the stations26and terminals thereof and the garaging of vehicles,
> or where food or27beverages of any kind are sold for consumption on the premises, or28where public amusement, entertainment, sports, or recreation of any29kind
> is offered with or without charge, or where medical service or30care is made available, or where the public gathers, congregates, or31assembles for amusement,
> recreation, or public purposes, or public32halls, public elevators, and public washrooms of buildings and33structures occupied by two or more tenants,
> or by the owner and one34or more tenants, or any public library or educational institution, or35schools of special instruction, or nursery schools, or
> day care36centers or children's camps: PROVIDED, That nothing contained in this37definition shall be construed to include or apply to any institute,38bona
> fide club, or place of accommodation, which is by its nature39
> (3) "Commission" means the Washington state human rights7commission.8
> (4) "Complainant" means the person who files a complaint in a9real estate transaction.10
> (5) "Covered multifamily dwelling" means: (a) Buildings11consisting of four or more dwelling units if such buildings have one12or more elevators; and (b)
> ground floor dwelling units in other13buildings consisting of four or more dwelling units.14
> (6) "Credit transaction" includes any open or closed end credit15transaction, whether in the nature of a loan, retail installment16transaction, credit
> card issue or charge, or otherwise, and whether17for personal or for business purposes, in which a service, finance,18or interest charge is imposed, or
> which provides for repayment in19scheduled payments, when such credit is extended in the regular20course of any trade or commerce, including but not limited
> to21transactions by banks, savings and loan associations or other22financial lending institutions of whatever nature, stock brokers, or23by a merchant
> or mercantile establishment which as part of its24ordinary business permits or provides that payment for purchases of25property or service therefrom may
> be deferred.26
> (7)(a) "Disability" means the presence of a sensory, mental, or27physical impairment that:28
> (i) Is medically cognizable or diagnosable; or29
> (ii) Exists as a record or history; or30
> (iii) Is perceived to exist whether or not it exists in fact.31
> (b) A disability exists whether it is temporary or permanent,32common or uncommon, mitigated or unmitigated, or whether or not it33limits the ability to
> work generally or work at a particular job or34whether or not it limits any other activity within the scope of this35chapter.36
> (c) For purposes of this definition, "impairment" includes, but37is not limited to:38
> (i)
> Any physiological disorder, or condition, cosmetic39disfigurement, or anatomical loss affecting one or more of the40
> (ii) Any mental, developmental, traumatic, or psychological5disorder, including but not limited to cognitive limitation, organic6brain syndrome, emotional
> or mental illness, and specific learning7disabilities.8
> (d) Only for the purposes of qualifying for reasonable9accommodation in employment, an impairment must be known or shown10through an interactive process
> to exist in fact and:11
> (i) The impairment must have a substantially limiting effect upon12the individual's ability to perform his or her job, the individual's13ability to apply
> or be considered for a job, or the individual's14access to equal benefits, privileges, or terms or conditions of15employment; or16
> (ii) The employee must have put the employer on notice of the17existence of an impairment, and medical documentation must establish18a reasonable likelihood
> that engaging in job functions without an19accommodation would aggravate the impairment to the extent that it20would create a substantially limiting effect.21
> (e) For purposes of (d) of this subsection, a limitation is not22substantial if it has only a trivial effect.23
> (8) "Dog guide" means a dog that is trained for the purpose of24guiding blind persons or a dog that is trained for the purpose of25assisting hearing impaired
> persons.26
> (9) "Dwelling" means any building, structure, or portion thereof27that is occupied as, or designed or intended for occupancy as, a28residence by one or
> more families, and any vacant land that is29offered for sale or lease for the construction or location thereon of30any such building, structure, or portion
> thereof.31
> (10) "Employee" does not include any individual employed by his32or her parents, spouse, or child, or in the domestic service of any33person.34
> (11) "Employer" includes any person acting in the interest of an35employer, directly or indirectly, who employs eight or more persons,36and does not include
> any religious or sectarian organization not37organized for private profit.38
> (12) "Employment agency" includes any person undertaking with or1without compensation to recruit, procure, refer, or place employees2for an employer.3
> (13) "Families with children status" means one or more4individuals who have not attained the age of eighteen years being5domiciled with a parent or another
> person having legal custody of6such individual or individuals, or with the designee of such parent7or other person having such legal custody, with the
> written8permission of such parent or other person. Families with children9status also applies to any person who is pregnant or is in the10process of securing
> legal custody of any individual who has not11attained the age of eighteen years.12
> (14) "Full enjoyment of" includes the right to purchase any13service, commodity, or article of personal property offered or sold14on, or by, any establishment
> to the public, and the admission of any15person to accommodations, advantages, facilities, or privileges of16any place of public resort, accommodation,
> assemblage, or amusement,17without acts directly or indirectly causing persons of any particular18race, creed, color, sex, sexual orientation, national
> origin, or with19any sensory, mental, or physical disability, or the use of a trained20dog guide or service animal by a person with a disability, to be21treated
> as not welcome, accepted, desired, or solicited.22
> (15) "Honorably discharged veteran or military status" means a23person who is:24
> (a) A veteran, as defined in RCW 41.04.007; or25
> (b) An active or reserve member in any branch of the armed forces26of the United States, including the national guard, coast guard, and27armed forces reserves.28
> (16) "Labor organization" includes any organization which exists29for the purpose, in whole or in part, of dealing with employers30concerning grievances
> or terms or conditions of employment, or for31other mutual aid or protection in connection with employment.32
> (17) "Marital status" means the legal status of being married,33single, separated, divorced, or widowed.34
> (18) "National origin" includes "ancestry."35
> (19)
> "Person" includes one or more individuals, partnerships,36associations, organizations, corporations, cooperatives, legal37representatives, trustees and
> receivers, or any group of persons; it38includes any owner, lessee, proprietor, manager, agent, or employee,39whether one or more natural persons; and
> further includes any40
> (20) "Premises" means the interior or exterior spaces, parts,4components, or elements of a building, including individual dwelling5units and the public
> and common use areas of a building.6
> (21) "Real estate transaction" includes the sale, appraisal,7brokering, exchange, purchase, rental, or lease of real property,8transacting or applying
> for a real estate loan, or the provision of9brokerage services.10
> (22) "Real property" includes buildings, structures, dwellings,11real estate, lands, tenements, leaseholds, interests in real estate12cooperatives, condominiums,
> and hereditaments, corporeal and13incorporeal, or any interest therein.14
> (23) "Respondent" means any person accused in a complaint or15amended complaint of an unfair practice in a real estate transaction.16
> (24) "Service animal" means ((an animal)) any dog that is17individually trained ((for the purpose of assisting or accommodating18a sensory, mental, or
> physical disability of a person with a19disability)) to do work or perform tasks for the benefit of an20individual with a disability, including a physical,
> sensory,21psychiatric, intellectual, or other mental disability. The work or22tasks performed by the service animal must be directly related to the23individual's
> disability. Examples of work or tasks include, but are24not limited to, assisting individuals who are blind or have low25vision with navigation and other
> tasks, alerting individuals who are26deaf or hard of hearing to the presence of people or sounds,27providing nonviolent protection or rescue work, pulling
> a wheelchair,28assisting an individual during a seizure, alerting individuals to the29presence of allergens, retrieving items such as medicine or the30telephone,
> providing physical support and assistance with balance and31stability to individuals with mobility disabilities, and helping32persons with psychiatric
> and neurological disabilities by preventing33or interrupting impulsive or destructive behaviors. The crime34deterrent effects of an animal's presence and
> the provision of35emotional support, well-being, comfort, or companionship do not36constitute work or tasks.37
> (25) "Sex" means gender.38
> (26)
> "Sexual orientation" means heterosexuality, homosexuality,39bisexuality, and gender expression or identity. As used in this40
> Sec. 3. RCW 49.60.218 and 2011 c 237 s 2 are each amended to7read as follows:8
> (1) It shall be an unfair practice for any person or the person's9agent or employee to commit an act which directly or indirectly10results in any distinction,
> restriction, or discrimination, or the11requiring of any person to pay a larger sum than the uniform rates12charged other persons, or the refusing or withholding
> from any person13the admission, patronage, custom, presence, frequenting, dwelling,14staying, or lodging in any food establishment, except for conditions15and
> limitations established by law and applicable to all persons, on16the basis of the use of a dog guide or service animal by a person17with a disability:
> PROVIDED, That this section shall not be construed18to require structural changes, modifications, or additions to make19any place accessible to a person
> with a disability except as20otherwise required by law: PROVIDED, That behavior or actions21constituting a risk to property or other persons can be grounds
> for22refusal and shall not constitute an unfair practice.23
> (2) A food establishment shall make reasonable modifications in24policies, practices, or procedures to permit the use of a miniature25horse by an individual
> with a disability in accordance with26subsection (1) of this section if the miniature horse has been27individually trained to do work or perform tasks
> for the benefit of28the individual with a disability. In determining whether reasonable29modifications in policies, practices, or procedures can be made
> to30allow a miniature horse into a facility, a food establishment shall31act in accordance with all applicable laws and regulations.32
> (3) For the purposes of this section((:33
> (a)
> "Service animal" means any dog that is individually trained34to do work or perform tasks for the benefit of an individual with a35disability, including
> a physical, sensory, psychiatric, intellectual,36or other mental disability. Except as provided in subsection
> (2)
> of37this section, other species of animals, whether wild or domestic,38trained or untrained, are not service animals. The work or tasks39
> -
> being, comfort, or companionship do not14constitute work or tasks.
> 15
> (b))), "food establishment" means a place of business that sells16or serves food for human consumption with a North American industry17classification system
> code within "445110," "445120," "445210,"18"445220," "445230," "445291," "445292," "445299," "452910," "722110,"19"722211," "722212," "722213," or "722410."20
> NEW SECTION. Sec. 4. A new section is added to chapter 49.6021RCW to read as follows:22
> (1) It shall be a civil infraction under chapter 7.80 RCW for any23person to misrepresent a dog as a service animal. A violation of this24section occurs
> when a person:25
> (a) Expressly or impliedly represents that a dog is a service26animal as defined in RCW 49.60.040 for the purpose of securing the27rights or privileges
> afforded disabled persons accompanied by service28animals set forth in state or federal law; and29
> (b) Knew or should have known that the dog in question did not30meet the definition of a service animal.31
> (2) An enforcement officer as defined under RCW 7.80.040 may32investigate and enforce this section by making an inquiry of the33person accompanied by the
> dog in question and issuing a civil34infraction. Refusal to answer the questions allowable under 28 C.F.R.35Sec. 35.136(f) shall create a presumption that
> the dog is not a36service animal and the enforcement officer may issue the civil37infraction and require the person to remove the dog from the place of38public
> accommodation.39
> Sec. 5. RCW 7.80.120 and 2013 c 278 s 3 are each amended to read1as follows:2
> (1) A person found to have committed a civil infraction shall be3assessed a monetary penalty.4
> (a) The maximum penalty and the default amount for a class 15civil infraction shall be two hundred fifty dollars, not including6statutory assessments,
> except for an infraction of state law7involving (i) potentially dangerous litter as specified in RCW870.93.060(4) or violent video or computer games under
> RCW 9.91.180,9in which case the maximum penalty and default amount is five hundred10dollars; or (ii) a person's refusal to submit to a test or tests11pursuant
> to RCW 79A.60.040 and 79A.60.700, in which case the maximum12penalty and default amount is one thousand dollars; or (iii) the13misrepresentation of service
> animals under section 4 of this act, in14which case the maximum penalty and default amount is five hundred15dollars;16
> (b) The maximum penalty and the default amount for a class 217civil infraction shall be one hundred twenty-five dollars, not18including statutory assessments;19
> (c) The maximum penalty and the default amount for a class 320civil infraction shall be fifty dollars, not including statutory21assessments; and22
> (d) The maximum penalty and the default amount for a class 423civil infraction shall be twenty-five dollars, not including24statutory assessments.25
> (2) The supreme court shall prescribe by rule the conditions26under which local courts may exercise discretion in assessing fines27for civil infractions.28
> (3) Whenever a monetary penalty is imposed by a court under this29chapter it is immediately payable. If the person is unable to pay at30that time the court
> may grant an extension of the period in which the31penalty may be paid. If the penalty is not paid on or before the time32established for payment, the
> court may proceed to collect the penalty33in the same manner as other civil judgments and may notify the34prosecuting authority of the failure to pay.35
> (4) The court may also order a person found to have committed a36civil infraction to make restitution.37
> NEW SECTION. Sec. 6. This act takes effect January 1, 2019.1
> --- END ---
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