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Regular Session, 2014
SENATE BILL NO. 432
BY SENATORS BUFFINGTON, ADLEY, ALLAIN, CLAITOR, DORSEY-COLOMB,
ERDEY, GUILLORY, HEITMEIER AND MILLS
HEALTH SERVICES. Provides relative to persons with disabilities and service dogs.
(8/1/14)
AN ACT1
To amend and reenact Chapter 23 of Title 46 of the Louisiana Revised Statutes of 1950,2
comprised of R.S. 46:1951 through 1959, relative to service dogs for persons with3
disabilities; to provide for definitions; to provide relative to the full and equal use of4
public and commercial facilities by persons with disabilities and their service dogs;5
to provide relative to full and equal use of housing accommodations by persons with6
disabilities and their service dogs; to provide relative to service dog trainers and their7
rights and liabilities; to provide relative to penalties for the injury or interference8
with a service dog; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Chapter 23 of Title 46 of the Louisiana Revised Statutes of 1950,11
comprised of R.S. 46:1951 through 1959, is hereby amended and reenacted to read as12
follows: 13
CHAPTER 23. LOUISIANA WHITE CANE LAW RIGHTS OF14
PERSONS WITH DISABILITIES15
§1951. Statement of policy16
A. It is the policy of this state to encourage and enable a physically disabled17 SB NO. 432
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person with a disability to participate fully in the social and economic life of the1
state, to achieve maximum personal independence, to otherwise fully enjoy and2
use all public facilities available in the state, and to engage in remunerative3
employment.4
B. No person with a disability may be denied admittance to any public5
facility because of the person's disability. No person with a disability shall be6
denied the use of a white cane, service dog, wheelchair, crutches, or other device7
of assistance.8
C. In addition, it is the policy of this state that a physically disabled person9
with a disability shall be employed by the state, political subdivisions of the state,10
public schools, and all other employment supported in whole or in part by public11
funds on the same terms and conditions as an able-bodied person, unless it is shown12
that the particular disability prevents the performance of the work involved.13
§1952. Definitions14
As used in this Chapter,15
(1) "Assistance Service dog" means a dog who has been trained or is being16
trained to aid a particular physically disabled person to do work or perform a task17
for a person with a disability. "Service dog" refers to a dog trained as:18
(a) A hearing dog.19
(b) A guide dog.20
(c) A seizure alert dog.21
(d) A mobility dog.22
(e) An autism service dog.23
(f) A dog providing assistance during a medical crisis.24
(g) A service dog providing assistance to persons, including veterans with25
traumatic brain injury or post traumatic stress disorder.26
(2) "Housing accommodations" means any real property, or portion thereof,27
which is used or occupied or is intended, arranged, or designed to be used or28
occupied as the home, residence, or sleeping place of one or more human beings, but29 SB NO. 432
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shall not include any single family residence the occupants of which rent, lease, or1
furnish for compensation not more than one room therein.2
(3) "Physically disabled person Person with a disability" means a person3
who is blind, visually handicapped, deaf, hearing impaired, or otherwise physically4
disabled who has a physical or mental impairment that substantially limits one5
or more of such person's major life activities and who has a record of such6
impairment or who is regarded as having such an impairment, including7
military veterans with traumatic brain injury or post traumatic stress disorder.8
§1953. Use of public facilities; equal accommodations; assistance service dogs9
A. Every physically disabled person with a disability shall have the same10
right as an able-bodied person to the full and free use of the streets, highways,11
sidewalks, walkways, public buildings, public facilities, and other public places.12
B. Every physically disabled person with a disability shall be entitled to full13
and equal accommodations, advantages, facilities, and privileges in the following,14
subject only to the conditions and limitations established by law and applicable alike15
to all persons:16
(1) Common carriers, including taxis, airplanes, motor vehicles, railroad17
trains, motor buses, streetcars, boats, or any other public conveyances or modes of18
transportation operated on land or water, in the air, or any stations and terminals19
thereof.20
(2) Educational institutions, including but not limited to kindergartens,21
primary and secondary schools, trade or business schools, high schools, academies,22
colleges, and universities.23
(3) Hotels, lodging places, restaurants, theaters, places of public24
accommodation, amusement, or resort.25
(4) Other places to which the general public is invited.26
C. Every physically disabled person with a disability may be accompanied27
by an assistance a service dog, especially trained to aid such person, in any of the28
places provided in Subsection B of this Section without being required to pay an29 SB NO. 432
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extra charge for such dog. However, he shall be liable for any damage done to the1
premises, facilities, operators, or occupants by such dog.2
D. (1)A public entity may ask person with a disability to remove his3
service dog from a premises if either of the following is present:4
(a) The service dog is out of control, and the person with the disability5
accompanying the service dog does not take effective action to control it.6
(b) The service dog is not housebroken.7
(2) If the service dog is properly excluded, the public entity shall give the8
person with the disability the opportunity to enter without the service dog.9
E.(1) A public entity shall not ask about the nature or extent of a10
person's disability, but may make two inquiries to determine whether such a11
dog qualifies as a service dog:12
(a) A public entity may ask if the service dog is required because of a13
disability.14
(b) A public entity may ask what work or task the service dog has been15
trained to perform.16
(2) A public entity shall not require documentation for proof the service17
dog has been certified, trained, or licensed as a service dog.18
F. Nothing in this Section shall require any person who owns, leases, or19
operates any public conveyance or modes of transportation, educational institutions,20
hotels, restaurants, theaters, lodging places, places of public accommodation,21
amusement, or resort, and other places to which the general public is invited, to22
modify his property or facility in any way or provide a higher degree of care for a23
physically disabled person with a disability than for a person who is not physically24
disabled.25
§1954. Housing accommodations; full and equal access; degree of care; assistance26
service dogs27
A. Every disabled person with a disability shall be entitled to full and equal28
access, as other members of the general public, to all housing accommodations29 SB NO. 432
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offered for rent, lease, or compensation in this state, subject to the conditions and1
limitations established by law and applicable alike to all persons.2
B. Nothing in this Section shall require any person renting, leasing, or3
providing for compensation real property to modify his property in any way or to4
provide a higher degree of care for a physically disabled person with a disability5
than for a person who is not physically disabled.6
C. Each physically disabled person with a disability who has an assistance7
a service dog, especially trained to aid such person or who obtains such a dog, shall8
be entitled to full and equal access to all housing accommodations as defined in R.S.9
46:1952(2), and he shall not be required to pay extra compensation for such dog but10
shall be liable for any damage done to the premises or any person on the premises11
by such dog.12
§1955. Assistance Service dog trainers and puppy raisers; rights; liability13
During the training of an assistance a service dog, any trainer or puppy raiser14
of such dog shall have the same rights and privileges as a physically disabled person15
with a disability to be accompanied by an assistance a service dog in any place or16
facility provided in this Chapter without being required to pay an extra charge for17
such dog. However, during the training of an assistance a service dog, he shall be18
liable for any damages done to any person, premises, or facility by the assistance19
service dog.20
§1956. Violation of rights; injury or interference with an assistance a service dog;21
penalties; civil action; damages; cost and attorney fees22
A. Any person, firm, or corporation, or the agent, representative, or23
employee of any person, firm, or corporation who: withholds, denies, deprives, or24
attempts to withhold, deny, or deprive; intimidates, threatens, coerces, or attempts25
to threaten, intimidate, or coerce; punishes or attempts to punish a physically26
disabled person with a disability or a trainer or puppy raiser of an assistance a27
service dog, during the training of such dog, or for exercising his right to be admitted28
to or enjoy the places and facilities provided in this Chapter; or otherwise interferes29 SB NO. 432
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with the rights of a physically disabled person with a disability under this Chapter1
shall be guilty of a misdemeanor and fined not less than one hundred dollars nor2
more than five hundred dollars or imprisoned for not more than six months, or both.3
B. Any person who purposely or negligently injures an assistance a service4
dog or any owner of a dog who allows that dog to injure an assistance a service dog5
because he fails to control or leash the dog shall also be guilty of a misdemeanor and6
fined not less than one hundred dollars nor more than five hundred dollars or7
imprisoned for not more than six months, or both. Such person shall also be liable8
for any injuries to the assistance service dog and, if necessary, the replacement and9
compensation for the loss of the assistance service dog.10
C. For every offense, such person shall pay for actual damages for any11
economic loss to any person aggrieved thereby, to be recovered in any court of12
competent jurisdiction in the parish where such offense was committed or where the13
aggrieved person resides.14
D. In an action brought under this Section, the court may award costs and15
reasonable attorney's fee to the prevailing party.16
§1957. Precautions for operators of motor vehicles approaching physically disabled17
pedestrians with disabilities18
A. Operators of motor vehicles approaching a physically disabled pedestrian19
with a disability who is carrying a cane predominantly white in color, with or20
without a red tip, or a physically disabled pedestrian with a disability using an21
assistance a service dog shall take all necessary precautions to avoid injury to such22
pedestrian.23
B. Any such operator who fails to take all necessary precautions to avoid24
injury to a physically disabled pedestrian with a disability shall be liable in damages25
for any injury caused to the pedestrian and any injury caused to the pedestrian's26
assistance service dog.27
C. No operator of a motor vehicle shall drive into or upon any crosswalk28
while a physically disabled pedestrian with a disability is on the crosswalk or29 SB NO. 432
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crossing or attempting to cross the crosswalk if such pedestrian indicates his1
intention to cross or to continue to cross the crosswalk. Failure by the pedestrian to2
signal his intention to cross the crossway shall not deprive him of the right of way3
given to him by other applicable law or regulation.4
§1958. Exemption from license fee; assistance service dog5
Assistance Service dogs, as defined in R.S. 46:1952, shall be exempt from6
any state or local license fee.7
§1959. Scope of Chapter8
Nothing in this Chapter shall be construed to amend, repeal, conflict with, or9
supersede any federal or state law, rule, or regulation or local ordinance mandating10
full and equal access in the use of public facilities or places, common carriers, public11
conveyances, or other modes of transportation, or housing accommodations for a12
physically disabled person with a disability.13
The original instrument was prepared by Cathy R. Wells. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Christopher D. Adams.
DIGEST
Buffington (SB 432)
Present law provides relative to the Louisiana White Cane Law which provides for the policy
of the state for those with only physical disabilities.
Proposed law creates and provides for the policy of the state for those with all disabilities,
both physical and mental.
Proposed law prohibits any person with a disability from being denied admittance to any
public facility because of such person's disability. Proposed law prohibits persons with
disabilities from being denied the use of a white cane, service dogs, wheelchair, crutches,
or other device of assistance. Proposed law further prohibits refusing or allowing a person
with a disability to use or to be admitted to any public facility to which the general public
is invited or using a ruse or subterfuge calculated to prevent or discourage a person with a
disability from using or being admitted to a facility that is open to the public.
Present law does not require any person who owns, leases, or operates any facility that is
open to the public or public conveyance or modes of transportation to modify his property
or facility in any way or provide a higher degree of care for a physically disabled person than
for a person who is not physically disabled.
Proposed law extends present law to all persons with disabilities.
Proposed law defines "service dog" as one trained or is being trained to do work or perform
a task for a person with a disability. "Service dog" refers to a dog trained as: SB NO. 432
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(1)A hearing dog.
(2)A guide dog.
(3)A seizure alert dog.
(4)A mobility dog.
(5)An autism service dog.
(6)A dog providing assistance during a medical crisis.
(7)A service dog providing assistance to persons, including veterans with traumatic
brain injury or post traumatic stress disorder.
Proposed law defines "person with a disability" as a person who has a physical or mental
impairment that substantially limits one of more of such person's major life activities and
who has a record of such impairment or who is regarded as having such an impairment,
including military veterans with traumatic brain injury or post traumatic stress disorder.
Present law authorizes persons with physical disabilities accompanied by a service dog to
have the full and free use of public buildings and facilities, streets, highways, sidewalks, and
all other public places. Present law prohibits an extra fee being charged for the service dog.
Present law authorizes a person with disabilities accompanied by a service dog to full and
equal accommodation on common carriers or other modes of transportation or public
conveyances, or in educational institutions, hotels, lodging places, restaurants, places of
public amusements, resorts, housing accommodations, and all other places to which the
general public is invited. Present law prohibits an extra fee being charged for the service
dog.
Present law provides that every person with a disability is allowed to keep his service dog
with him at all times in his place of employment and is allowed to bring a service dog who
is training to his place of employment.
Proposed law retains present law.
Proposed law provides a public entity may ask person with a disability to remove his service
dog from a premises if either of the following is present:
(1)The service dog is out of control, and the person with the disability accompanying
the service dog does not take effective action to control it.
(2)The service dog is not housebroken.
Proposed law provides if the service dog is properly excluded, the public entity shall give
the person with the disability the opportunity to enter without the service dog.
Proposed law provides a public entity shall not ask about the nature or extent of a person's
disability or require proof through documentation, but may make two inquiries to determine
whether such a dog qualifies as a service dog:
(1) A public entity may ask if the service dog is required because of a disability.
(2)A public entity may ask what work or task the service dog has been trained to
perform.
Present law provides that every person with a disability shall be entitled to full and equal SB NO. 432
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access, as other members of the general public, to all housing accommodations offered for
rent, lease, or compensation in this state, subject to the conditions and limitations established
by law and applicable alike to all persons.
Present law provides that any person renting, leasing, or providing for compensation real
property shall not be required to modify his property in any way or to provide a higher
degree of care for a person with a disability than for a person who is not disabled.
Proposed law retains present law.
Present law authorizes each person with a disability who has a service dog, especially trained
to aid such person or who obtains such a dog, to be entitled to full and equal access to all
housing accommodations as defined by law. Present law prohibits such person with a
disability from being required to pay extra compensation for such dog but such person with
a disability shall be liable for any damage done to the premises or any person on the
premises by such dog.
Present law provides for the training of service dogs and puppies for persons with a
disabilities.
Present law provides that any person, firm, or corporation, or the agent, representative, or
employee of any person, firm, or corporation who: withholds, denies, deprives, or attempts
to withhold, deny, or deprive; intimidates, threatens, coerces, or attempts to threaten,
intimidate, or coerce; punishes or attempts to punish a person with a disability or a trainer
or puppy raiser of a service dog, during the training of such dog, or for exercising his right
to be admitted to or enjoy the places and facilities provided in present law; or otherwise
interferes with the rights of a person with a disability under present law shall be guilty of a
misdemeanor and fined not less than $100 nor more than $500 or imprisoned for not more
than six months, or both.
Proposed law retains present law.
Present law requires that any person who purposely or negligently injures a service dog or
any owner of a dog who allows that dog to injure a service dog because he fails to control
or leash the dog is guilty of a misdemeanor and shall be fined not less than $100 nor more
than $500 or imprisoned for not more than six months, or both. Such person shall also be
liable for any injuries to the service dog and, if necessary, the replacement and compensation
for the loss of the service dog.
Present law provides for precautions for operators of motor vehicles approaching a
pedestrian with a disability. Present law further provides that any motor vehicle operator
who fails to take necessary precautions to avoid injury to a pedestrian with a disability shall
be liable in damages for any injury caused to the pedestrian and any injury caused to the
pedestrian's service dog.
Proposed law retains present law.
Effective August 1, 2014.
(Amends R.S. 46:1951-1959)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Changes "disabled person" to "person with a disability". SB NO. 432
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2. Changes "assistance dog" to "service dog".
3. Provides what questions a public entity may ask a person with a disability
regarding his service animal.
4. Provides when a public entity may ask a person with a disability to remove
his service dog.
5. Removes the unlawful misrepresentation provision.
6. Makes technical changes.