LRB-0081/1
MS/AG/MGG/CH/MD:wlj:rs
2013 - 2014 LEGISLATURE
March 10, 2014 - Introduced by Senators Schultz,
Lehman, Harris, Ellis, T.
Cullen, Miller, Vinehout and Jauch, cosponsored by Representatives
Williams, Ohnstad, Sargent, Nerison, Brooks and Tranel. Referred to
Committee on Health and Human Services.
SB661,1,4
1An Act to amend 106.52 (1) (fm); and
to create 106.50 (1m) (be) of the statutes;
2relating to: reports to the legislature regarding accessibility for persons who
3are blind or visually impaired and compliance with federal law regarding
4service animals.
Analysis by the Legislative Reference Bureau
Under current law, for purposes of the statute that deals with access to public
places of accommodation or amusement, "service animal" is defined as a guide dog,
signal dog, or other animal that is individually trained to do work or perform tasks
for the benefit of a person with a disability. Under this bill, the definition is limited
to include only a dog or miniature horse that is so trained.
Under the current open housing law, it is generally considered to be unlawful
discrimination for a person to refuse to rent or sell housing to an individual who is
vision, hearing, or mobility impaired, to evict such an individual from housing, to
require extra compensation from such an individual for the continued ability to
occupy housing, or to harass such an individual, if in any of these cases the individual
keeps an animal that is specially trained to lead or assist him or her. An exception
to this general rule applies to owner-occupied housing if the owner or a member of
the owner's family can demonstrate that he or she is allergic to such an animal.
Under the current open housing law, "animal" is not defined. Under the bill,
"animal" is defined as a dog or miniature horse that is individually trained to do work
or perform tasks for the benefit of a person who is vision, hearing, or mobility
impaired.
This bill directs the Department of Administration to recommend to the
legislature methods to increase the number of businesses owned by people who are
blind or visually impaired that participate in the state contracting process.
This bill requires the Department of Health Services (DHS) to submit to the
legislature a report on the Office of the Blind and Visually Impaired within DHS,
which assists blind persons in adapting and adjusting to vision loss and in living
independently.
This bill directs the Department of Public Instruction, in consultation with the
Department of Health Services, to prepare a report recommending ways to improve
the program that assists in the adjustment of adults who have recently become blind
or visually impaired and submit it to the legislature.
This bill requires the Department of Safety and Professional Services and the
Department of Transportation (DOT) to prepare a report relating to public signage
and audible traffic signals to assist the blind.
This bill requires DOT to submit to the legislature a report that includes all of
the following: 1) an evaluation of the effectiveness, in improving pedestrian safety,
of the requirement that motorists yield a ten-foot safety distance to pedestrians
using service animals or walking sticks associated with the visually impaired; 2) an
evaluation of the effectiveness of DOT's promotion, education, and enforcement
efforts related to this requirement and of the adequacy of the penalty for a violation
of this requirement; and 3) DOT's recommendations to improve effectiveness under
items 1 and 2.
This bill requests the Joint Legislative Council to study the Supervised
Business Enterprise Program administered by the Department of Workforce
Development (DWD) under which DWD's ultimate objective is to enable blind
persons to operate their own businesses.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB661,1
1Section
1. 106.50 (1m) (be) of the statutes is created to read:
SB661,2,72
106.50
(1m) (be) "Animal" means a dog or miniature horse that is individually
3trained or is being trained to do work or perform tasks for the benefit of a person who
4is vision, hearing, or mobility impaired, including the work or task of guiding a
5person with impaired vision, alerting a person with impaired hearing to intruders
6or sound, providing minimal protection or rescue work, pulling a wheelchair, or
7fetching dropped items.
SB661,2
1Section
2. 106.52 (1) (fm) of the statutes is amended to read:
SB661,3,72
106.52
(1) (fm) "Service animal" means a
guide dog
, signal dog, or
other animal 3miniature horse that is individually trained or is being trained to do work or perform
4tasks for the benefit of a person with a disability, including the work or task of
5guiding a person with impaired vision, alerting a person with impaired hearing to
6intruders or sound, providing minimal protection or rescue work, pulling a
7wheelchair, or fetching dropped items.
SB661,3
8Section
3.
Nonstatutory provisions.
SB661,3,99
(1)
Report by the department of administration on access to state contracts.
SB661,3,1110
(a) In this subsection, "business owned by people who are blind or visually
11impaired" means a business that meets all of the following criteria:
SB661,3,12
121. The business has its principal place of business in this state.
SB661,3,16
132. One or more people who are blind or visually impaired own not less than 51
14percent of the business, or, in the case of any publicly owned business, one or more
15people who are blind or visually impaired own not less than 51 percent of the stock
16of the business.
SB661,4,217
(b) The department of administration shall review the extent to which
18businesses owned by people who are blind or visually impaired participate in
19purchasing by this state and its agencies under subchapter IV of chapter 16 of the
20statutes. The department of administration shall recommend methods of increasing
21such participation and methods of simplifying or easing compliance with the forms
22and procedures used in obtaining contracts with the state for providing materials,
23supplies, equipment, and contractual services. The department of administration
24shall, no later than the first day of the 13th month beginning after the effective date
25of this paragraph, submit a report containing any recommendations regarding the
1matters described in this paragraph to the legislature in the manner provided under
2section 13.172 (2) of the statutes.
SB661,4,103
(2)
Office of the blind and visually impaired; study. No later than March 1,
42014, the department of health services shall submit to the legislature in the manner
5provided under section 13.172 (2) of the statutes a report that describes the
6rehabilitation teaching services for persons who are blind or visually impaired and
7any other activities conducted under section 46.293 of the statutes. In the report, the
8department of health services shall evaluate the effectiveness of those activities in
9achieving the objectives under section 46.293 (1) and (2) of the statutes and shall
10offer recommendations on how to better achieve those objectives.
SB661,4,1711
(3)
Public instruction report. In consultation with the department of health
12services, the department of public instruction shall prepare a report recommending
13ways to improve the program under section 115.525 (3) (c) 4. of the statutes that
14assists in the adjustment of adults who have recently become blind or visually
15impaired. The department of public instruction shall submit the report to the
16legislature in the manner provided under section 13.172 (2) of the statutes by the
17first day of the 13th month beginning after the effective date of this subsection.
SB661,5,218
(4)
Department of safety and professional services report. The department
19of safety and professional services, in consultation with the department of
20transportation, shall prepare a report that relates to the use of large print and Braille
21signage in public buildings, as defined in section 101.01 (12) of the statutes, and in
22places of employment, as defined in section 101.01 (11) of the statutes, and to the use
23of audible traffic signals for the purpose of determining how such signage and signals
24improve the ability of persons who are blind and visually impaired to travel and
25otherwise find their way. The department of safety and professional services shall
1submit the report in the manner provided in section 13.172 (3) of the statutes no later
2than one year after the effective date of this subsection.
SB661,5,63
(5)
Department of transportation report on the safety of visually impaired
4pedestrians on highways. No later than June 30, 2015, the department of
5transportation shall submit a report to the legislature in the manner provided under
6section 13.172 (2) of the statutes that includes all of the following:
SB661,5,87
(a) An evaluation of the effectiveness of the 10-foot safety distance specified
8in section 346.26 (1) of the statutes in improving pedestrian safety.
SB661,5,129
(b) An evaluation of the effectiveness of the department's promotion, education,
10and enforcement efforts related to the traffic restriction specified in section 346.26
11(1) of the statutes and of the adequacy of the penalty under section 346.30 (3) of the
12statutes for a violation of section 346.26 (1) of the statutes.
SB661,5,1413
(c) The department's recommendations to improve effectiveness under
14paragraphs (a) and (b).
SB661,5,2115
(6)
Supervised business enterprise program; study. The joint legislative
16council is requested to conduct a study to review the supervised business enterprise
17program under section 47.03 (4) of the statutes. If the joint legislative council
18conducts the study, the joint legislative council shall report its findings, conclusions,
19and recommendations, including recommendations for the continuation and
20enhancement of the program, to the legislature in the manner provided under section
2113.172 (2) of the statutes by January 1, 2015.
