Louisiana SB 286: HEALTH SERVICES: Creates the offense of misrepresentation of entitlement to assistance animals. (8/1/20) (OR INCREASE LF RV See Note)

Bill Text

SLS 20RS-349 ORIGINAL
2020 Regular Session
SENATE BILL NO. 286
BY SENATOR POPE
HEALTH SERVICES. Creates the offense of misrepresentation of entitlement to assistance
animals. (8/1/20)
1 AN ACT
2 To enact R.S. 46:1954.1, relative to animals that assist certain persons; to create a
3 prohibition for misrepresenting the entitlement to assistance animals; to provide for
4 definitions; to provide for penalties; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 46:1954.1 is hereby enacted to read as follows:
7 §1954.1. Misrepresentation of entitlement to assistance animal; penalties
8 A. A person shall be guilty of the offense of misrepresentation of
9 entitlement to an assistance animal if he obtains a reasonable accommodation
10 in housing accommodations through one or more of the following means:
11 (1) Makes a false claim in having a disability that requires the use of an
12 assistance animal.
13 (2) Provides false supporting documentation in connection with making
14 a claim of having a disability that requires the use of an assistance animal.
15 (3) Creates or executes a document that misrepresents an animal as an
16 assistance animal.
17 (4) Provides a document to another falsely stating that an animal is an
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

SB NO. 286
SLS 20RS-349 ORIGINAL
1 assistance animal for a person.
2 (5) Fits an animal, which is not an assistance animal, with a harness,
3 collar, vest, or sign that the animal is an assistance animal.
4 B. A person shall be guilty of the offense of misrepresentation of
5 entitlement to an assistance animal if he makes materially false statements for
6 purposes of obtaining documentation which is meant to entitle him to possess
7 an assistance animal in housing accommodations.
8 C. As used in this Section, "assistance animal" shall mean any of the
9 following:
10 (1) A "service dog" as defined in R.S. 46:1952.
11 (2) An animal that provides support to alleviate one or more identified
12 symptoms of a person's disability that does not work or perform tasks for the
13 benefit of the individual with a disability.
14 D.(1) Any person convicted of a first offense of this Section shall be
15 subject to a fine of not more than two hundred fifty dollars.
16 (2) Any person convicted of a second or subsequent offense of this
17 Section shall be subject to a fine of not more than five hundred dollars.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 286 Original 2020 Regular Session Pope
Present law provides that the policy of the state is to encourage and enable a person with a
disability to participate fully in the social and economic life of the state (R.S. 46:1951).
Proposed law provides for the creation of the offense of misrepresentation of entitlement to
assistance animal.
Proposed law provides that a person shall be guilty of this offense if he obtains a reasonable
accommodation in housing accommodations through one or more of the following means:
(1) Makes a false claim in having a disability that requires the use of an assistance
animal.
(2) Provides false supporting documentation in connection with making a claim of
having a disability that requires the use of an assistance animal.
(3) Creates or executes a document that misrepresents an animal as an assistance animal.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

SB NO. 286
SLS 20RS-349 ORIGINAL
Proposed law further provides that a person shall be guilty of this offense if he makes
materially false statements for purposes of obtaining documentation which is meant to entitle
him to possess an assistance animal in housing accommodations.
Proposed law provides for definitions.
Proposed law provides that the first offense shall be a fine of not more than $250 and any
subsequent offense shall be a fine of not more than $500.
Effective August 1, 2020.
(Adds R.S. 46:1954.1)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.