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Wisconsin Legislature: AB366: Text as Enrolled
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AB366: Text as Enrolled
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Date of enactment:
2025 Assembly Bill 366
Date of publication*:
2025 WISCONSIN ACT
An Act
to amend
106.50 (2r) (br) 2., 106.50 (2r) (br) 5., 106.50 (2r) (br) 6. and 106.52 (1) (fm);
to create
106.52 (1) (fs) and 106.52 (6) of the statutes;
relating to:
emotional support animals in housing; falsely claiming that an animal is a service animal; and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB366,1
Section
1
.
106.50 (2r) (br) 2. of the statutes is amended to read:
106.50
(2r)
(br) 2. If an individual keeps or is seeking to keep an emotional support animal in housing, an owner, lessor, lessor’s agent, owner’s agent, or representative of a condominium association may request that the individual submit to the owner, lessor, agent, or representative reliable documentation that the individual has a disability and reliable documentation of the disability-related need for the emotional support animal from a licensed health professional
, and may also request documentation, including a prescription or letter, for the emotional support animal from a licensed health professional
.
AB366,2
Section
2
.
106.50 (2r) (br) 5. of the statutes is amended to read:
106.50
(2r)
(br) 5. An individual shall forfeit not less than $500 if he or she, for the purpose of obtaining housing, intentionally misrepresents that he or she has a disability
or
,
misrepresents the need for an emotional support animal to assist with his or her disability
, or provides false documentation of a prescription or letter for an emotional support animal to assist with his or her disability
.
AB366,3
Section
3
.
106.50 (2r) (br) 6. of the statutes is amended to read:
106.50
(2r)
(br) 6. A licensed health professional shall forfeit not less than $500 if he or she, for the purpose of allowing the patient to obtain housing, misrepresents that his or her patient has a disability
or
,
misrepresents his or her patient’s need for an emotional support animal to assist with his or her patient’s disability
, or provides a prescription or letter for an emotional support animal to assist with his or her patient’s disability without having at least a 30-day patient-provider relationship with the patient
.
AB366,4
Section
4
.
106.52 (1) (fm) of the statutes is amended to read:
106.52
(1)
(fm) “Service animal” means a
guide dog, signal dog, or other animal that is individually trained or is being trained to do work or perform tasks for the benefit of a person with a disability, including the work or task of guiding a person with impaired vision, alerting a person with impaired hearing to intruders or sound, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items
dog that meets the definition of “service animal” in 28 CFR 35.104 and includes a miniature horse under circumstances that meet the standards set forth in 28 CFR 35.136 (i) and a service animal in training
.
AB366,5
Section
5
.
106.52 (1) (fs) of the statutes is created to read:
106.52
(1)
(fs) “Service animal in training” means a dog or miniature horse that is being trained to be a service animal by a service animal trainer.
AB366,6
Section
6
.
106.52 (6) of the statutes is created to read:
106.52
(6)
Claiming to possess a service animal.
(a) A person who, with knowledge that the representation is false, intentionally represents that he or she is in possession of a service animal while at any public place of accommodation or amusement is subject to the following penalties:
1. For a first violation under this paragraph, a forfeiture of not more than $200. In lieu of a forfeiture, the court may require that the person perform 20 hours of community service work for an organization that serves persons with disabilities.
2. For a 2nd or subsequent violation under this paragraph, a forfeiture of not more than $500. In lieu of a forfeiture, the court may require that the person perform 40 hours of community service work for an organization that serves persons with disabilities.
(b) The department shall prepare and make available to businesses upon request all of the following:
1. Signage suitable for posting on a front window or door stating “task-trained service animals are welcome” and that misrepresenting an animal as a service animal is a violation of state law.
2. An informational brochure detailing the rights of businesses relating to service animals in their place of business and what is and is not a lawful way to ascertain if a person is violating par. (a).
AB366,7
Section
7
. Nonstatutory provisions.
(
1
)
Business signage.
In preparing the materials described in s. 106.52 (6) (b), the department of workforce development shall consult with a member of a service animal organization accredited by Assistance Dogs International or the International Guide Dog Federation or a successor organization, a member of an organization advocating for the interests of restaurant owners, and a member of an organization advocating for the interests of business owners.
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