First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1354
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-18-2-297 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 297. "Public
accommodation", for purposes of IC 16-32-3-1.7, IC 16-32-3-2, and
IC 16-32-3.5, has the meaning set forth in IC 16-32-3-2(a).
SECTION 2. IC 16-18-2-328.2, AS ADDED BY P.L.1-2010,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 328.2. "Service animal", for purposes of
IC 16-32-3 and IC 16-32-3.5, has the meaning set forth in
IC 16-32-3-1.5.
SECTION 3. IC 16-32-3-1.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 1.2. As used in this chapter, "individual with a
disability" has the meaning set forth in IC 16-32-2-1(a).
SECTION 4. IC 16-32-3-1.5, AS ADDED BY P.L.155-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1.5. (a) As used in this chapter, "service animal"
refers to a dog or miniature horse individually an animal trained as:
to do work or perform tasks for the benefit of an individual with a
disability.
(1) a hearing animal;
(2) a guide animal;
(3) an assistance animal;
HEA 1354 — Concur 2
(4) a seizure alert animal;
(5) a mobility animal;
(6) a psychiatric service animal; or
(7) an autism service animal.
SECTION 5. IC 16-32-3-1.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 1.7. (a) A public accommodation shall make
reasonable modifications in policies, practices, or procedures to
permit the use of a miniature horse by an individual with a
disability.
(b) In determining whether reasonable modifications in policies,
practices, or procedures can be made to allow a miniature horse
into a specific facility, a public accommodation shall consider the
following:
(1) The type, size, and weight of the miniature horse and
whether the facility can accommodate these features.
(2) Whether the handler has sufficient control of the
miniature horse.
(3) Whether the miniature horse is housebroken.
(4) Whether the miniature horse's presence in a specific
facility compromises legitimate safety requirements that are
necessary for safe operation.
SECTION 6. IC 16-32-3-2, AS AMENDED BY P.L.233-2015,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. (a) As used in this section, "public
accommodation" means an establishment that caters or offers services,
facilities, or goods to the general public.
(b) A person who:
(1) is totally or partially blind;
(2) is deaf or hard of hearing; or
(3) has a physical or mental disability;
is entitled to be accompanied by a service animal, especially trained for
the purpose, in any public accommodation without being required to
pay an extra charge for the service animal. However, the person is
liable for any damage done to the accommodation by the service
animal.
(c) (b) A person who:
(1) refuses access to a public accommodation; or
(2) charges a fee for access to a public accommodation;
to a person who is totally or partially blind, who is deaf or hard of
hearing, or who has a physical or mental disability, an individual with
a disability because that person individual is accompanied by a
HEA 1354 — Concur 3
service animal commits a Class C infraction.
(d) (c) A service animal trainer, while engaged in the training
process of a service animal, is entitled to access to any public
accommodation granted by this section or IC 16-32-3.5. A service
animal shall be under the control of its trainer at all times while on
the premises of a public accommodation.
SECTION 7. IC 16-32-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]:
Chapter 3.5. Service Animals
Sec. 1. As used in this chapter, "individual with a disability" has
the meaning set forth in IC 16-32-2-1(a).
Sec. 2. As used in this chapter, "public accommodation" has the
meaning set forth in IC 16-32-3-2(a).
Sec. 3. As used in this chapter, "service animal" has the
meaning set forth in IC 16-32-3-1.5.
Sec. 4. A public accommodation shall modify policies, practices,
or procedures to permit the use of a service animal by an
individual with a disability.
Sec. 5. (a) A public accommodation may ask an individual with
a disability to remove a service animal from the premises if:
(1) the animal is out of control and the animal's handler does
not take effective action to control it; or
(2) the animal is not housebroken.
(b) A public accommodation may charge the handler for
damage caused by the service animal if a public accommodation
normally charges an individual for damage the individual causes.
Sec. 6. If a public accommodation properly excludes a service
animal under section 5 of this chapter, it shall give the person with
a disability the opportunity to obtain goods, services, and
accommodations without having the service animal on the
premises.
Sec. 7. (a) A service animal shall be under the control of its
handler at all times while on the premises of a public
accommodation.
(b) A service animal shall have a harness, leash, or other tether,
unless the:
(1) handler is unable because of a disability to use a harness,
leash, or other tether; or
(2) use of a harness, leash, or other tether would interfere
with the service animal's safe, effective performance of work
or tasks;
HEA 1354 — Concur 4
in which case the service animal must be under the handler's
control by other effective means, such as the use of voice control or
signals.
Sec. 8. A public accommodation is not responsible for the care
or supervision of a service animal.
Sec. 9. (a) A public accommodation shall not ask about the
nature or extent of an individual's disability, but may make the
following two (2) inquiries to determine whether an animal
qualifies as a service animal:
(1) Whether the animal is required because of a disability.
(2) What work or task the animal has been trained to
perform.
(b) A public accommodation shall not require documentation,
such as proof that the animal has been:
(1) certified;
(2) trained; or
(3) licensed;
as a service animal.
(c) A public accommodation may not make inquiries about a
service animal's qualifications when it is readily apparent that the
animal is trained to do work or perform tasks for an individual
with a disability.
Sec. 10. An individual with a disability is permitted to be
accompanied by a service animal in all areas of a place of public
accommodation where:
(1) members of the public;
(2) program participants;
(3) clients;
(4) customers;
(5) patrons; or
(6) invitees;
are allowed to go.
Sec. 11. A public accommodation shall not ask or require an
individual with a disability accompanied by a service animal to:
(1) pay a fee for access to the public accommodation as
described in IC 16-32-3-2; or
(2) comply with other requirements not applicable to a person
without a service animal.
HEA 1354 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1354 — Concur