[Wasagdu] text of HB2822

[Becky Frankeberger]

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

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