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                                         SUBSTITUTE SENATE BILL NO. 3598

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                                                                            C 090 L 85

State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Human Services and Corrections (originally sponsored by Senators Granlund, Craswell, McManus, Stratton and Kiskaddon)

Read first time 3/7/85.

AN ACT Relating to physically disabled persons; amending RCW 70.84.030, 70.84.040, 70.84.060, 70.84.070, and 49.60.215; 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 that is trained or approved by an accredited school, or state institution of higher education, engaged in training dogs for the purposes of assisting or accommodating a physically disabled person related to the person's physical disability.

        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.

        Sec. 6.  Section 14, chapter 37, Laws of 1957 as amended by section 7, chapter 127, Laws of 1979 and RCW 49.60.215 are each amended to read as follows:

          It shall be an unfair practice for any person or his agent or employee to commit an act which directly or indirectly results in any distinction, restriction, or discrimination, or the requiring of any person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement, except for conditions and limitations established by law and applicable to all persons, regardless of race, creed, color, national origin, the presence of any sensory, mental, or physical handicap, or the use of a trained dog guide by a blind ((or)), deaf, or physically disabled person:  PROVIDED, That this section shall not be construed to require structural changes, modifications, or additions to make any place accessible to a handicapped person except as otherwise required by law:  PROVIDED, That behavior or actions constituting a risk to property or other persons can be grounds for refusal and shall not constitute an unfair practice.

                                                                                                                          Passed the Senate March 13, 1985.

                                                                                                                                       President of the Senate.

                                                                                                                           Passed the House April 10, 1985.

                                                                                                                                         Speaker of the House.