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Regular Session, 2014 ENROLLED
SENATE BILL NO. 432
BY SENATORS BUFFINGTON, ADLEY, ALARIO, ALLAIN, AMEDEE, APPEL,
BROOME, CLAITOR, CORTEZ, CROWE, DORSEY-COL OMB,
ERDEY, GUILLORY, HEITMEIER, JOHNS, KOSTELKA, LAFLEUR,
LONG, MARTINY, MILLS, MORRELL, MURRAY, NEVERS,
PEACOCK, PETERSON, RISER, GARY SMITH, JOHN SMITH,
THOMPSON, WAL SWORTH, WARD AND WHI TE AND
REPRESENTATIVES ADAMS, ANDERS, ARMES, ARNOLD,
BADON, BARROW, BROADWATER, BROWN, BURFORD, HENRY
BURNS, TIM BURNS, BURRELL, CARMODY, CHANEY, COX,
DANAHAY, DOVE, EDWARDS, FANNIN, FRANKL IN, GEYMANN,
GISCLAIR, GUILLORY, GUINN, HARRIS, HARRISON, HAVARD,
HILL, HOFFMANN, HOWARD, HUNTER, I VEY, KATRINA
JACKSON, JONES, KLECKLEY, TERRY LANDRY, LEBAS, LEGER,
MACK, MILLER, MONTOUCET, JAY MORRIS, NORTON, POPE,
PYLANT, REYNOLDS, RICHARD, RITCHIE, SIMON, SMITH, ST.
GERMAIN, STOKES, TALBOT, THIBAUT, THOMPSON, WHITNEY,
PATRICK WILLIAMS AND WILLMOTT
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
person with a disability to participate fully in the social and economic life of the18
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state, to achieve maximum personal independence, to otherwise fully enjoy and1
use all public facilities available in the state, and to engage in remunerative2
employment.3
B. No person with a disability may be denied admittance to any public4
facility because of the person's disability. No person with a disability shall be5
denied the use of a white cane, service dog, wheelchair, crutches, or other device6
of assistance.7
C. In addition, it is the policy of this state that a physically disabled person8
with a disability shall be employed by the state, political subdivisions of the state,9
public schools, and all other employment supported in whole or in part by public10
funds on the same terms and conditions as an able-bodied person, unless it is shown11
that the particular disability prevents the performance of the work involved.12
§1952. Definitions13
As used in this Chapter,14
(1) "Assistance Service dog" means a dog who has been trained or is being15
trained to aid a particular physically disabled person to do work or perform a task16
for a person with a disability. "Service dog" refers to a dog trained as any of the17
following: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 immovable property, or27
portion thereof, which is used or occupied or is intended, arranged, or designed to28
be used or occupied as the home, residence, or sleeping place of one or more human29
beings, but shall not include any single family residence the occupants of which rent,30 SB NO. 432 ENROLLED
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lease, or furnish for compensation not more than one room therein.1
(3) "Physically disabled person Person with a disability" means a person2
who is blind, visually handicapped, deaf, hearing impaired, or otherwise physically3
disabled who has a physical or mental impairment that substantially limits one4
or more of such person's major life activities and who has a record of such5
impairment or who is regarded as having such an impairment, including6
military veterans with traumatic brain injury or post traumatic stress disorder.7
§1953. Use of public facilities; equal accommodations; assistance service dogs8
A. Every physically disabled person with a disability shall have the same9
right as an able-bodied person to the full and free use of the streets, highways,10
sidewalks, walkways, public buildings, public facilities, and other public places.11
B. Every physically disabled person with a disability shall be entitled to full12
and equal accommodations, advantages, facilities, and privileges in the following,13
subject only to the conditions and limitations established by law and applicable alike14
to all persons:15
(1) Common carriers, including taxis, airplanes, motor vehicles, railroad16
trains, motor buses, streetcars, boats, or any other public conveyances or modes of17
transportation operated on land or water, in the air, or any stations and terminals18
thereof.19
(2) Educational institutions, including but not limited to kindergartens,20
primary and secondary schools, trade or business schools, high schools, academies,21
colleges, and universities.22
(3) Hotels, lodging places, restaurants, theaters, places of public23
accommodation, amusement, or resort.24
(4) Other places to which the general public is invited.25
C. Every physically disabled person with a disability may be accompanied26
by an assistance a service dog, especially trained to aid such person, in any of the27
places provided in Subsection B of this Section without being required to pay an28
extra charge for such dog. However, he shall be liable for any damage done to the29
premises, facilities, operators, or occupants by such dog.30 SB NO. 432 ENROLLED
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D. (1)A public entity may ask a person with a disability to remove his1
service dog from a premises if either of the following is present:2
(a) The service dog is out of control, and the person with a disability3
accompanying the service dog does not take effective action to control it.4
(b) The service dog is not housebroken.5
(2) If the service dog is properly excluded, the public entity shall give the6
person with a disability the opportunity to enter without the service dog.7
E.(1) A public entity shall not ask about the nature or extent of a8
person's disability, but may make the following two inquiries to determine9
whether such a dog qualifies as a service dog:10
(a) A public entity may ask if the service dog is required because of a11
disability.12
(b) A public entity may ask what work or task the service dog has been13
trained to perform.14
(2) A public entity shall not require documentation for proof the service15
dog has been certified, trained, or licensed as a service dog.16
F. Nothing in this Section shall require any person who owns, leases, or17
operates any public conveyance or modes of transportation, educational institutions,18
hotels, restaurants, theaters, lodging places, places of public accommodation,19
amusement, or resort, and other places to which the general public is invited, to20
modify his property or facility in any way or provide a higher degree of care for a21
physically disabled person with a disability than for a person who is not physically22
disabled.23
§1954. Housing accommodations; full and equal access; degree of care; assistance24
service dogs25
A. Every disabled person with a disability shall be entitled to full and equal26
access, as other members of the general public, to all housing accommodations27
offered for rent, lease, or compensation in this state, subject to the conditions and28
limitations established by law and applicable alike to all persons.29
B. Nothing in this Section shall require any person renting, leasing, or30 SB NO. 432 ENROLLED
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providing for compensation real immovable property to modify his property in any1
way or to provide a higher degree of care for a physically disabled person with a2
disability than for a person who is not physically disabled.3
C. Each physically disabled person with a disability who has an assistance4
a service dog, especially trained to aid such person or who obtains such a dog, shall5
be entitled to full and equal access to all housing accommodations as defined in R.S.6
46:1952(2), and he shall not be required to pay extra compensation for such dog but7
shall be liable for any damage done to the premises or any person on the premises8
by such dog.9
§1955. Assistance Service dog trainers and puppy raisers; rights; liability10
During the training of an assistance a service dog, any trainer or puppy raiser11
of such dog shall have the same rights and privileges as a physically disabled person12
with a disability to be accompanied by an assistance a service dog in any place or13
facility provided in this Chapter without being required to pay an extra charge for14
such dog. However, during the training of an assistance a service dog, he shall be15
liable for any damages done to any person, premises, or facility by the assistance16
service dog.17
§1956. Violation of rights; injury or interference with an assistance a service dog;18
penalties; civil action; damages; cost and attorney fees19
A. Any person, firm, or corporation, or the agent, representative, or20
employee of any person, firm, or corporation who : withholds, denies, deprives, or21
attempts to withhold, deny, or deprive; intimidates, threatens, coerces, or attempts22
to threaten, intimidate, or coerce; punishes or attempts to punish a physically23
disabled person with a disability or a trainer or puppy raiser of an assistance a24
service dog, during the training of such dog, or for exercising his right to be admitted25
to or enjoy the places and facilities provided in this Chapter; or otherwise interferes26
with the rights of a physically disabled person with a disability under this Chapter27
shall be guilty of a misdemeanor and fined not less than one hundred dollars nor28
more than five hundred dollars or imprisoned for not more than six months, or both.29
B. Any person who purposely or negligently injures an assistance a service30 SB NO. 432 ENROLLED
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dog or any owner of a dog who allows that dog to injure an assistance a service dog1
because he fails to control or leash the dog shall also be guilty of a misdemeanor and2
fined not less than one hundred dollars nor more than five hundred dollars or3
imprisoned for not more than six months, or both. Such person shall also be liable4
for any injuries to the assistance service dog and, if necessary, the replacement and5
compensation for the loss of the assistance service dog.6
C. For every offense, such person shall pay for actual damages for any7
economic loss to any person aggrieved thereby, to be recovered in any court of8
competent jurisdiction in the parish where such offense was committed or where the9
aggrieved person resides.10
D. In an action brought under this Section, the court may award costs and11
reasonable attorney's fee to the prevailing party.12
§1957. Precautions for operators of motor vehicles approaching physically disabled13
pedestrians with disabilities14
A. Operators of motor vehicles approaching a physically disabled pedestrian15
with a disability who is carrying a cane predominantly white in color, with or16
without a red tip, or a physically disabled pedestrian with a disability using an17
assistance a service dog shall take all necessary precautions to avoid injury to such18
pedestrian.19
B. Any such operator who fails to take all necessary precautions to avoid20
injury to a physically disabled pedestrian with a disability shall be liable in damages21
for any injury caused to the pedestrian and any injury caused to the pedestrian's22
assistance service dog.23
C. No operator of a motor vehicle shall drive into or upon any crosswalk24
while a physically disabled pedestrian with a disability is on the crosswalk or25
crossing or attempting to cross the crosswalk if such pedestrian indicates his26
intention to cross or to continue to cross the crosswalk. Failure by the pedestrian to27
signal his intention to cross the crossway shall not deprive him of the right of way28
given to him by other applicable law or regulation.29
§1958. Exemption from license fee; assistance service dog30 SB NO. 432 ENROLLED
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Assistance Service dogs, as defined in R.S. 46:1952, shall be exempt from1
any state or local license fee.2
§1959. Scope of Chapter3
Nothing in this Chapter shall be construed to amend, repeal, conflict with, or4
supersede any federal or state law, rule, or regulation or local ordinance mandating5
full and equal access in the use of public facilities or places, common carriers, public6
conveyances, or other modes of transportation, or housing accommodations for a7
physically disabled person with a disability.8
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: