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Bill > SB327


WI SB327

Emotional support animals in housing; falsely claiming that an animal is a service animal; and providing a penalty. (FE)


summary

Introduced
06/12/2025
In Committee
06/12/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

This bill makes changes relating to emotional support animals and service animals in the laws addressing discrimination in housing and public places of accommodation or amusement. Current law defines an emotional support animal as an animal that provides emotional support, well-being, comfort, or companionship to an individual, but that is not trained to perform tasks for an individual with a disability. A service animal is generally defined as a dog or other animal that is individually trained to do work or perform tasks for an individual with a disability. This bill changes the definition of Xservice animalY for purposes of the laws addressing discrimination in public places of accommodation or amusement. The bill limits service animals for those purposes to a dog or miniature horse that meets the standards set forth under federal regulations implementing the Americans with Disabilities Act or a dog or miniature horse that is being trained to be a service animal. LRB-0196/1 MIM:ads&cjs 2025 - 2026 Legislature SENATE BILL 327 Under current law, it is discrimination to do any of the following with respect to an individual who has a disability and a disability-related need for an emotional support animal: refuse to rent or sell housing to the individual, charge the individual more for housing, evict the individual from housing, or harass the individual. An owner or lessor, an agent of an owner or lessor, or a representative of a condominium association (collectively, Xhousing representativeY) may request from an individual who wishes to keep an emotional support animal in housing reliable documentation of the individual[s disability-related need for an emotional support animal from a licensed health professional and may deny the individual the ability to keep the emotional support animal in the housing if the individual fails to provide the documentation. The bill allows the housing representative to require that this documentation include a prescription from a licensed health professional for the emotional support animal. An individual who provides false documentation of a prescription for an emotional support animal and a health care provider who provides a prescription for an emotional support animal without having at least a 30-day relationship with the individual before providing the prescription must each forfeit at least $500. The bill prohibits a person from intentionally misrepresenting that he or she is in possession of a service animal while at any public place of accommodation or amusement. A person who violates this prohibition is subject to a forfeiture of up to $200 for a first violation and up to $500 for a second or subsequent violation. The bill requires the Department of Workforce Development to prepare and make available to businesses upon request: 1) signage suitable for posting on a front window or door stating Xtask-trained service animals are welcomeY and that misrepresenting an animal as a service animal is a violation of state law; and 2) an informational brochure detailing the rights of businesses relating to service animals in their place of business. In preparing these materials, DWD must consult with members of organizations that represent business owners, restaurant owners, and groups that train and place service animals and guide dogs. For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill addresses regulations surrounding emotional support animals and service animals in Wisconsin, focusing on housing accommodations and public spaces. The bill modifies existing laws by requiring more stringent documentation for emotional support animals in housing, including a mandatory prescription from a licensed health professional who has had at least a 30-day relationship with the patient. It introduces financial penalties of at least $500 for individuals who falsely claim a disability or provide fraudulent documentation for an emotional support animal, and imposes the same penalty on health professionals who issue prescriptions without proper patient relationships. The bill also narrows the definition of service animals to specifically include dogs and miniature horses that meet Americans with Disabilities Act standards, and creates a new category of "service animal in training." Additionally, the legislation prohibits intentionally misrepresenting an animal as a service animal in public accommodations, with potential fines of up to $200 for a first offense and $500 for subsequent violations, with the option of community service. The Department of Workforce Development is tasked with creating informational materials for businesses about service animal regulations, including signage and brochures, after consulting with relevant organizations representing service animal trainers, restaurant owners, and business interests.

Committee Categories

Agriculture and Natural Resources

Sponsors (9)

Last Action

Read first time and referred to Committee on Insurance, Housing, Rural Issues and Forestry (on 06/12/2025)

bill text


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