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:
(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 a 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 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 immovable
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".
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.