S-532                 _______________________________________________

                                                   SENATE BILL NO. 3598

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Granlund, Craswell, McManus, Stratton and Kiskaddon

Read first time 2/5/85 and referred to Committee on Human Services and Corrections.

AN ACT Relating to physically disabled persons; amending RCW 70.84.030, 70.84.040, 70.84.060, and 70.84.070; and adding a new section to chapter 70.84 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 70.84 RCW to read as follows:

          For the purpose of this chapter, "service dog" means a dog which is trained to provide assistance to persons who are physically disabled.

        Sec. 2.  Section 3, chapter 141, Laws of 1969 as amended by section 3, chapter 109, Laws of 1980 and RCW 70.84.030 are each amended to read as follows:

          Every totally or partially blind ((or)), hearing impaired, or otherwise physically disabled person shall have the right to be accompanied by a guide dog or service dog in any of the places listed in RCW 70.84.010(3) without being required to pay an extra charge for the guide dog or service dog.  It shall be unlawful to refuse service to a blind ((or)), hearing impaired, or otherwise physically disabled person in any such place solely because ((he)) the person is accompanied by a guide dog or service dog.

        Sec. 3.  Section 4, chapter 141, Laws of 1969 as last amended by section 4, chapter 109, Laws of 1980 and RCW 70.84.040 are each amended to read as follows:

          The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white in color (with or without a red tip) ((or)), a totally or partially blind or hearing impaired pedestrian using a guide dog, or an otherwise physically disabled person using a service dog shall take all necessary precautions to avoid injury to such pedestrian.  Any driver who fails to take such precaution shall be liable in damages for any injury caused such pedestrian.  It shall be unlawful for the operator of any vehicle to drive into or upon any crosswalk while there is on such crosswalk, such pedestrian, crossing or attempting to cross the roadway, if such pedestrian indicates his intention to cross or of continuing on, with a timely warning by holding up or waving a white cane, ((or)) using a guide dog, or using a service dog.  The failure of any such pedestrian so to signal shall not deprive him of the right of way accorded him by other laws.

        Sec. 4.  Section 6, chapter 141, Laws of 1969 as amended by section 6, chapter 109, Laws of 1980 and RCW 70.84.060 are each amended to read as follows:

          It shall be unlawful for any pedestrian who is not totally or partially blind to use a white cane or any pedestrian who is not totally or partially blind or is not hearing impaired to use a guide dog or any pedestrian who is not otherwise physically disabled to use a service dog in any of the places, accommodations, or conveyances listed in RCW 70.84.010 for the purpose of securing the rights and privileges accorded by the chapter to totally or partially blind ((or)), hearing impaired, or otherwise physically disabled people.

        Sec. 5.  Section 7, chapter 141, Laws of 1969 as amended by section 7, chapter 109, Laws of 1980 and RCW 70.84.070 are each amended to read as follows:

          Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation, who denies or interferes with admittance to or enjoyment of the public facilities enumerated in RCW 70.84.010, or otherwise interferes with the rights of a totally or partially blind ((or)), hearing impaired, or otherwise physically disabled person as set forth in RCW 70.84.010 shall be guilty of a misdemeanor.