Text of LA HB 199 (2014)

HLS 14RS-766 ORIGINAL Page 1 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 199 BY REPRESENTATIVE BADON DISCRIMINATION: Provides relative to discrimination AN ACT 1 To amend and reenact R.S. 4:193(B), R.S. 9:3583, R.S. 12:1041(A), R.S. 14:107.2(A) and 2 326(C), R.S. 15:1204.2(B)(4) and 1402(A), R.S. 17:111, 158(F), 1676(D), 3 2053(D)(3), 3402(A), and 3991(B)(3), R.S. 22:1452(C)(25), 1454(A), and 4 1964(7)(f), R.S. 23:332 and 2043(B)(1), R.S. 27:27.2(B) and 27.4, R.S. 37:1025(B), 5 1107(C), 1360.23(I), 1437(D), 1455(A)(28), 2654(C)(1), 2719, 3425(C), and 6 3447(C), R.S. 38:2315, R.S. 39:1411, R.S. 40:1232(C), 2113.4(A), 2113.6(A)(1) and 7 (B), 2120.35(B)(5), 2125(B), 2403(H)(1), and 2504, R.S. 46:437.11(A), 1104, 1134, 8 1154, 1407(B)(1)(e)(introductory paragraph) and (F), 1995, and 2205, R.S. 47:37(C) 9 and 287.755(C), R.S. 48:274.1(C), R.S. 49:145 and 146(A)(1), and R.S. 51:2231(A), 10 2232(3), 2235(16)(a), 2236(A), 2237(2), 2247, 2248, 2254(1) and (2), 11 2255(A)(introductory paragraph), 2602(A), 2606(A)(1) through (5), 2607(A) and 12 (C), and 2608 and to enact R.S. 23:302(9) and (10), relative to discrimination; to 13 expand the application of various provisions relative to discrimination by adding 14 additional criteria, including gender identity or expression and sexual orientation 15 and, in some cases, age, sex, or disability; to define terms for purposes of the 16 Louisiana Employment Discrimination Law and for unlawful discrimination in 17 employment; to provide for the definition of hate crimes; to remove certain activities 18 from provisions for the attorney general to institute civil proceedings against certain 19 corporations; and to provide for related matters. 20 HLS 14RS-766 ORIGINAL HB NO. 199 Page 2 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Be it enacted by the Legislature of Louisiana: 1 Section 1. R.S. 4:193(B) is hereby amended and reenacted to read as follows: 2 §193. Categories of persons subject to exclusion and ejection; civil liberties 3 * * * 4 B. No person may be excluded or ejected on account of race, color, creed, 5 sexual orientation, gender identity or expression, national origin, ancestry, disability, 6 as defined in R.S. 51:2232(11), or gender. 7 * * * 8 Section 2. R.S. 9:3583 is hereby amended and reenacted to read as follows: 9 §3583. Discrimination prohibited 10 A. It shall be unlawful for any extender of credit to refuse to extend credit 11 to any major or emancipated minor solely because of that person's race, color, 12 religion, national origin, sex, age, sexual orientation, gender identity or expression, 13 disability, or marital status. 14 B. It shall also be unlawful for any extender of credit to require any major 15 or emancipated minor to meet credit qualification standards not required of other 16 persons similarly situated. 17 Section 3. R.S. 12:1041(A) is hereby amended and reenacted to read as follows: 18 §1041. Suppression of criminally operated businesses by domestic and foreign 19 corporations; proceedings 20 A. The attorney general is authorized to institute civil proceedings against 21 any domestic corporation to procure a judgment annulling, vacating or forfeiting its 22 articles of incorporation and franchise, and against any foreign corporation to revoke 23 its certificate of authority to transact business in this state when: 24 1. Any of the corporation officers or any other person controlling the 25 management or operation of such corporation, with the knowledge of the president 26 and a majority of the board of directors or under such circumstances that the 27 president and a majority of the directors should have knowledge, is a person or 28 persons engaged in activities such as organized violent revolutionary or unlawful 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 3 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. activity aimed at the overthrow of the government of the State of Louisiana or any 1 of its political subdivisions, or any boards, commissions, agency or official of either, 2 or any unlawful activity aimed at organized homosexuality, organized crimes against 3 nature, organized prostitution, organized gambling, organized narcotics, organized 4 extortion or organized embezzlement, or who is connected directly or indirectly with 5 organizations, syndicates, or criminal societies engaged in any of these; or 6 2. A director, officer, employee, agent or stockholder acting for, through or 7 on behalf of such corporation has, in conducting the corporation's affairs, purposely 8 engaged in a persistent course of violent revolutionary or unlawful activity aimed at 9 the overthrow of the government of the State of Louisiana or any of its political 10 subdivisions, or any boards, commissions, agency, or official or any unlawful 11 activity aimed at homosexuality, crimes against nature, intimidation and coercion, 12 bribery, prostitution, gambling, extortion, embezzlement, unlawful sale of narcotics 13 or other illegal conduct, with the knowledge of the president and majority of the 14 board of directors or under such circumstances that the president and a majority of 15 the directors should have knowledge, with the intent to compel or induce other 16 persons, firms, or corporations to deal with such corporation or engage in any such 17 illegal conduct, and 18 3. For the prevention of future illegal conduct of the same character, the 19 public interest requires the charter of the corporation to be annulled, vacated, or 20 forfeited and the corporation to be dissolved or the certificate of authority to transact 21 business in this state revoked. 22 * * * 23 Section 4. R.S. 14:107.2(A) and 326(C) are hereby amended and reenacted to read 24 as follows: 25 §107.2. Hate crimes 26 A. It shall be unlawful for any person to select the victim of the following 27 offenses against person and property because of actual or perceived race, age, 28 gender, gender identity or expression, religion, color, creed, disability, sexual 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 4 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. orientation, national origin, or ancestry of that person or the owner or occupant of 1 that property or because of actual or perceived membership or service in, or 2 employment with, an organization: first or second degree murder; manslaughter; 3 battery; aggravated battery; second degree battery; aggravated assault with a firearm; 4 terrorizing; mingling harmful substances; simple, forcible, or aggravated rape; sexual 5 battery, second degree sexual battery; oral sexual battery; carnal knowledge of a 6 juvenile; indecent behavior with juveniles; molestation of a juvenile or a person with 7 a physical or mental disability; simple, second degree, or aggravated kidnapping; 8 simple or aggravated arson; placing combustible materials; communicating of false 9 information of planned arson; simple or aggravated criminal damage to property; 10 contamination of water supplies; simple or aggravated burglary; criminal trespass; 11 simple, first degree, or armed robbery; purse snatching; extortion; theft; desecration 12 of graves; institutional vandalism; or assault by drive-by shooting. 13 * * * 14 §326. Processions, marches, parades, or demonstrations; permits; liability; bond; 15 exemptions; penalty 16 * * * 17 C. The provisions of this Section shall apply to all groups, associations, or 18 organizations regardless of race, creed, age, sex, sexual orientation, gender identity 19 or expression, disability, as defined in R.S. 51:2232(11), color, or political beliefs 20 of its members; however, nothing contained herein shall apply to a bona fide 21 legitimate labor organization or professional firefighter or police association or to 22 any lawful activity of a labor union permitted by law, nor shall these provisions 23 apply to any procession or parade directly held or sponsored by the governing 24 authority of any municipality or the governing authority of any parish, nor shall these 25 provisions apply to any procession, march, or parade directly held or sponsored by 26 a bona fide organization specifically for the celebration of Mardi Gras and/or directly 27 related prelenten or carnival festivities, school parades or other functions, parish 28 parades or other functions, state, parish, or municipal fairs or other such related 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 5 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. activities. However, the provisions of this Section shall apply only to parishes with 1 a population of more than four hundred fifty thousand. 2 * * * 3 Section 5: R.S. 15:1204.2(B)(4) and 1402(A) are hereby amended and reenacted to 4 read as follows: 5 §1204.2. Creation of system; functions; powers; duties 6 * * * 7 B. The system, by and through the commission, shall have the following 8 functions, powers, and duties: 9 * * * 10 (4) To prepare and distribute, to all such persons and agencies, forms to be 11 used in reporting data to the system. The forms shall provide for information 12 regarding crimes which are directed against individuals or groups, or their property, 13 by reason of their actual or perceived race, age, gender, gender identity or 14 expression, religion, color, creed, disability, sexual orientation, national origin, or 15 ancestry or by reason of their actual or perceived membership or service in, or 16 employment with, an organization as defined in R.S. 14:107.2. The forms shall also 17 provide for other items of information needed by federal and state bureaus or 18 departments engaged in the development of national and state statistics. 19 * * * 20 §1402. Legislative findings and declaration 21 A. The legislature hereby finds and declares that it is the right of every 22 person, regardless of race, color, creed, religion, national origin, sex, sexual 23 orientation, gender identity or expression, age, or handicap disability, to be secure 24 and protected from fear, intimidation, and physical harm caused by the activities of 25 violent groups and individuals. It is not the intent of this Chapter to interfere with 26 the constitutional exercise of the protected rights of freedom of expression and 27 association. The legislature hereby recognizes the right of every citizen to harbor 28 and constitutionally express beliefs on any lawful subject whatsoever, to associate 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 6 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. lawfully with others who share similar beliefs, to petition lawfully constituted 1 authority for a redress of perceived grievances, and to participate in the electoral 2 process. 3 * * * 4 Section 6. R.S. 17:111, 158(F), 1676(D), 2053(D)(3), 3402(A), and 3991(B)(3) are 5 hereby amended and reenacted to read as follows: 6 §111. Discrimination in public schools prohibited; pupil assignment; religious 7 educational institutions 8 A. No person shall be refused admission into or be excluded from any public 9 school in the state of Louisiana on account of race, creed, color, sex, sexual 10 orientation, gender identity or expression, disability, as defined in R.S. 51:2232(11), 11 or national origin. 12 B. Except with the express approval of a board of education or school board 13 having jurisdiction, a majority of the members of such board having been elected, 14 no student shall be assigned or compelled to attend any school on account of race, 15 creed, color, sexual orientation, gender identity or expression, disability, or national 16 origin, or for the purpose of achieving equality in attendance or increased attendance 17 or reduced attendance, at any school, of persons of one or more particular races, 18 creeds, colors, sexual orientations, gender identities or expressions, disabilities, or 19 national origins, and no school district, school zone or attendance unit, by whatever 20 name known, shall be established, reorganized, or maintained for any such purpose, 21 provided that nothing contained in this section Section shall prevent the assignment 22 of a pupil in the manner requested or authorized by his parents or guardian, and 23 provided further that nothing in this Act shall be deemed to affect, in any way, the 24 right of a religious or denominational educational institution to select its pupils 25 exclusively or primarily from members of such religion or denomination or from 26 giving preference to such selection to such members or to make such selection to its 27 pupils as is calculated to promote the religious principle for which it is established. 28 * * * 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 7 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §158. School buses for transportation of students; employment of bus operators; 1 alternative means of transportation; improvement of school bus turnarounds 2 * * * 3 F. The provisions of this Section shall apply to eligible public and nonpublic 4 school students. However, these provisions shall not apply to any student or the 5 parent or tutor of any student who attends a school which discriminates on the basis 6 of race, creed, color, sex, sexual orientation, gender identity or expression, or 7 national origin. 8 * * * 9 §1676. Recipients and awards of scholarships 10 * * * 11 D. Scholarship awards shall be made without regard to the applicant's race, 12 disability, as defined in R.S. 51:2232(11), creed, color, sex, sexual orientation, 13 gender identity or expression, national origin, or ancestry; and in making scholarship 14 awards, the department shall provide a fair and equitable geographical distribution 15 of the awards and shall treat all approved institutions of higher education in a fair 16 and equitable manner. 17 * * * 18 §2053. Payments to independent institutions of higher learning for educating 19 Louisiana residents 20 * * * 21 D. As used in this Section, the term "eligible institutions" shall mean 22 Centenary College, Dillard University, Our Lady of Holy Cross College, Louisiana 23 College, Loyola University, Our Lady of the Lake College, St. Joseph Seminary 24 College, Tulane University, and Xavier University, all in Louisiana. In order to 25 qualify for payments made by the Board of Regents under this Section, eligible 26 institutions shall: 27 * * * 28 HLS 14RS-766 ORIGINAL HB NO. 199 Page 8 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (3) Admit students without regard to race, religion, color, sex, sexual 1 orientation, gender identity or expression, disability, or national origin. 2 * * * 3 §3402. Minimum requirements for school certification; admission policies; 4 environment; program 5 The minimum requirements for certification as a Montessori school shall be 6 as follows: 7 A. Admission policies 8 All admissions in a Montessori school shall be open to all persons of all 9 races, creeds, sex, sexual orientation, gender identity or expression, or color, and to 10 all persons with disabilities as defined in R.S. 51:2232(11). 11 * * * 12 §3991. Charter schools; requirements; limitations; renewal; amendment; revocation 13 * * * 14 B. Each proposed charter shall contain or make provision for the following: 15 * * * 16 (3) Admission requirements, if any, that are consistent with the school's role, 17 scope, and mission may be established pursuant to rules promulgated by the state 18 board. Such admission requirements shall be specific and shall include a system for 19 admission decisions which precludes exclusion of pupils based on race, religion, 20 gender, ethnicity, sexual orientation, gender identity or expression, national origin, 21 intelligence level as ascertained by an intelligence quotient examination, or 22 identification as a student with an exceptionality as defined in R.S. 17:1942(B). 23 Such admission requirements may include, however, specific requirements related 24 to a school's mission such as auditions for schools with a performing arts mission or 25 proficiency in a foreign language for schools with a language immersion mission. 26 Any school which was chartered prior to July 1, 2012, and which incorporated 27 achievement of a certain academic record as part of its admission requirements may 28 HLS 14RS-766 ORIGINAL HB NO. 199 Page 9 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. continue to utilize such admission requirements. No local board shall assign any 1 pupil to attend a charter school. 2 * * * 3 Section 7. R.S. 22:1452(C)(25), 1454(A), and 1964(7)(f) are hereby amended and 4 reenacted to read as follows: 5 §1452. Purpose of rate regulation; construction; definitions 6 * * * 7 C. As used in this Subpart, the following definitions shall be applicable: 8 * * * 9 (25) "Unfairly discriminatory" means not capable of being actuarially 10 justified or based on race, color, creed, age, sex, sexual orientation, gender identity 11 or expression, disability, or national origin. It does not refer to rates that produce 12 differences in premiums for policyholders with different loss exposures, so long as 13 the rate is actuarially justified and reflects such differences with reasonable accuracy. 14 * * * 15 §1454. Rating standards and methods 16 A. Rates shall not be inadequate or unfairly discriminatory in a competitive 17 market. Rates shall not be excessive, inadequate, or unfairly discriminatory in a 18 noncompetitive market. Risks may be classified using any criteria except that no 19 risk shall be classified on the basis of race, color, creed, sex, sexual orientation, 20 gender identity or expression, disability, or national origin. 21 * * * 22 §1964. Methods, acts, and practices which are defined as unfair or deceptive 23 The following are declared to be unfair methods of competition and unfair 24 or deceptive acts or practices in the business of insurance: 25 * * * 26 (7) Unfair discrimination. 27 * * * 28 HLS 14RS-766 ORIGINAL HB NO. 199 Page 10 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (f) Refusing to insure, refusing to continue to insure, or limiting the amount 1 of coverage available to an individual solely because of the sex, marital status, race, 2 religion, age, sexual orientation, gender identity or expression, disability, or national 3 origin of the individual. However, nothing in this Subsection shall prohibit an 4 insurer from taking marital status into account for the purpose of defining persons 5 eligible for dependent benefits. Nothing in this Section shall prohibit or limit the 6 operation of fraternal benefit societies. 7 * * * 8 Section 8. R.S. 23:332 and 2043(B)(1) are hereby amended and reenacted and R.S. 9 23:302(9) and (10) are hereby enacted to read as follows: 10 §302. Definitions 11 For purposes of this Chapter and unless the context clearly indicates 12 otherwise, the following terms shall have the following meanings ascribed to them: 13 * * * 14 (9) "Sexual orientation" means an individual's actual or perceived 15 heterosexuality, homosexuality, or bisexuality. 16 (10) "Gender identity or expression" means a gender-related identity, 17 appearance, expression, or behavior of a person, regardless of the person's assigned 18 sex at birth. 19 * * * 20 §332. Intentional discrimination in employment 21 A. It shall be unlawful discrimination in employment for an employer to 22 engage in any of the following practices: 23 (1) Intentionally fail or refuse to hire or to discharge any individual, or 24 otherwise to intentionally discriminate against any individual with respect to his 25 compensation, or his terms, conditions, or privileges of employment, because of the 26 individual's race, color, religion, sex, age, sexual orientation, gender identity or 27 expression, or national origin. 28 HLS 14RS-766 ORIGINAL HB NO. 199 Page 11 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) Intentionally limit, segregate, or classify his employees or applicants for 1 employment in any way which would deprive or tend to deprive any individual of 2 employment opportunities, or otherwise adversely affect his status as an employee, 3 because of the individual's race, color, religion, sex, age, sexual orientation, gender 4 identity or expression, or national origin. 5 B. It shall be unlawful discrimination in employment for an employment 6 agency to intentionally fail or refuse to refer for employment, or otherwise to 7 intentionally discriminate against, any individual because of his race, color, religion, 8 sex, or national origin, or to intentionally classify or refer for employment any 9 individual on the basis of his race, color, religion, sex, age, sexual orientation, gender 10 identity or expression, or national origin. 11 C. It shall be unlawful discrimination in employment for a labor organization 12 to engage in any of the following practices: 13 (1) Intentionally exclude or intentionally expel from its membership, or 14 otherwise intentionally discriminate against, any individual because of his race, 15 color, religion, sex, age, sexual orientation, gender identity or expression, or national 16 origin. 17 (2) Intentionally limit, segregate, or classify its membership or applicants for 18 membership, or intentionally classify or fail or refuse to refer for employment any 19 individual in any way which would deprive or tend to deprive any individual of 20 employment opportunities, or would limit such employment opportunities, or 21 otherwise adversely affect his status as an employee or as an applicant for 22 employment, because of such individual's race, color, religion, sex, age, sexual 23 orientation, gender identity or expression, or national origin. 24 (3) Intentionally cause or attempt to cause an employer to discriminate 25 against an individual in violation of this Section. 26 D. It shall be unlawful discrimination in employment for any employer, labor 27 organization, or joint labor-management committee controlling apprenticeship or 28 other training or retraining, including on-the-job training programs, to discriminate 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 12 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. against any individual because of his race, color, religion, sex, age, sexual 1 orientation, gender identity or expression, or national origin in admission to, or 2 employment in, any program established to provide apprenticeship or other training. 3 E. It shall be unlawful discrimination in employment for an employer, 4 employment agency, labor organization, or joint labor-management committee 5 controlling apprenticeship or other training or retraining, including on-the-job 6 training programs, to print or publish, or cause to be printed or published, any notice 7 or advertisement relating to employment by an employer or membership in or any 8 classification or referral for employment by a labor organization, or relating to any 9 classification or referral for employment by an employment agency, or relating to 10 admission to, or employment in, any program established to provide apprenticeship 11 or other training by a joint labor-management committee, indicating any preference, 12 limitation, specification, or discrimination based on race, color, religion, sex, age, 13 sexual orientation, gender identity or expression, or national origin. However, a 14 notice or advertisement may indicate a preference, limitation, specification, or 15 discrimination based on religion, sex, or national origin when religion, sex, age, 16 sexual orientation, gender identity or expression, or national origin is a bona fide 17 occupational qualification for employment. 18 F. It shall be unlawful discrimination in employment for an insurer to engage 19 in any of the following practices: 20 (1) Intentionally fail or refuse to appoint or to discharge any insurance agent, 21 or otherwise to intentionally discriminate against any insurance agent with respect 22 to his compensation, terms, conditions, or privileges of employment, because of the 23 insurance agent's race, color, religion, sex, age, sexual orientation, gender identity 24 or expression, or national origin. 25 (2) Intentionally limit, segregate, or classify his insurance agents or 26 applicants for an insurance agent in any way which would deprive or tend to deprive 27 any insurance agent or applicant of employment opportunities, or otherwise 28 adversely affect his status as an insurance agent or applicant because of the insurance 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 13 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. agent's or applicant's race, color, religion, sex, age, sexual orientation, gender 1 identity or expression, or national origin. 2 G. Nothing contained in this Section shall be construed so as to create a 3 cause of action against an employer, employment agency, labor organization, or 4 insurer for employment practices pursuant to any affirmative action plan. 5 H. Notwithstanding any other provision of this Section, it shall not be 6 unlawful discrimination in employment for: 7 (1) An employer to hire and employ employees, for an employment agency 8 to classify or refer for employment any individual, for a labor organization to 9 classify its membership or to classify or refer for employment any individual, or for 10 an employer, labor organization, or joint labor-management committee controlling 11 apprenticeship or other training or retraining programs to admit or employ any 12 individual in any such program on the basis of his religion, sex, age, sexual 13 orientation, gender identity or expression, or national origin in those certain instances 14 where religion, sex, age, sexual orientation, gender identity or expression, or national 15 origin is a bona fide occupational qualification reasonably necessary for the normal 16 operation of that particular business or enterprise. 17 (2) A school, college, university, or other educational institution or 18 institution of learning to hire and employ employees of a particular religion if such 19 school, college, university, or other educational institution or institution of learning 20 is, in whole or in substantial part, owned, supported, controlled, or managed by a 21 particular religion or by a particular religious corporation, association, or society, or 22 if the curriculum of the school, college, university, or other educational institution 23 or institution of learning is directed toward the propagation of a particular religion. 24 (3) An employer to apply different standards of compensation or different 25 terms, conditions, or privileges of employment pursuant to a bona fide seniority or 26 merit system, or a system which measures earnings by quantity or quality of 27 production, or to employees who work in different locations, provided that such 28 differences are not the result of an intention to discriminate because of race, color, 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 14 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. religion, sex, age, sexual orientation, gender identity or expression, or national 1 origin. 2 (4) An employer to give and to act upon the results of any professionally 3 developed ability test, provided that such test, its administration, or action upon the 4 results is not designed, intended, or used to discriminate because of race, color, 5 religion, sex, age, sexual orientation, gender identity or expression, or national 6 origin. 7 * * * 8 §2043. Members 9 * * * 10 B.(1) In making the appointments, the governor shall, as nearly as 11 practicable, appoint members in a manner that is representative of the population of 12 the regions of the state and shall consider factors including but not limited to race, 13 color, religion, gender, age, sexual orientation, gender identity or expression, 14 disability, and national origin. 15 * * * 16 Section 9. R.S. 27:27.2(B) and 27.4 are hereby amended and reenacted to read as 17 follows: 18 §27.2. Board designated excluded persons 19 * * * 20 B. The board and the division shall have the authority to place persons on the 21 excluded list. The board or division may not place a person on the list required by 22 this Section due to the person's race, color, creed, national origin, sex, sexual 23 orientation, gender identity or expression, or disability, as defined in R.S. 24 51:2232(11). 25 * * * 26 §27.4. Exclusion or ejection of persons 27 A. Any licensee, permittee, or the casino gaming operator may exclude or 28 eject any person for any reason, except race, color, creed, national origin, sex, sexual 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 15 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. orientation, gender identity or expression, or disability as defined in R.S. 1 51:2232(11). 2 B. Any licensee or casino gaming operator licensed pursuant to the 3 provisions of this Title, and any employee of a licensee or casino gaming operator 4 shall not be liable for any monetary damages or any other remedy in any judicial 5 proceeding as a result of the exclusion or removal of any person for any reason, 6 except race, color, creed, national origin, sex, sexual orientation, gender identity or 7 expression, or disability as defined in R.S. 51:2232(11). 8 Section 10. R.S. 37:1025(B), 1107(C), 1360.23(I), 1437(D), 1455(A)(28), 9 2654(C)(1), 2719, 3425(C), and 3447(C) are hereby amended and reenacted as follows: 10 §1025. Qualifications of applicants to the drug administration course 11 * * * 12 B. There will be no discrimination in selection of medication attendants for 13 reason of race, color, creed, religion, age, sex, sexual orientation, gender identity or 14 expression, disability as defined in R.S. 51:2232(11), or national origin. 15 * * * 16 §1107. Requirements for licensed professional counselor; temporary license or 17 registration; renewal of license or registration 18 * * * 19 C. No license shall be denied any applicant based upon the applicant's race, 20 religion, creed, national origin, sex, age, sexual orientation, gender identity or 21 expression, or disability or physical impairment. 22 * * * 23 §1360.23. Powers and duties of the board 24 * * * 25 I. The board shall ensure that applicants for the program shall not be 26 discriminated against due to race, color, creed, age, sex, sexual orientation, gender 27 identity or expression, disability, as defined in R.S. 51:2232(11), or national origin. 28 * * * 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 16 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §1437. Application for license 1 * * * 2 D. Every applicant for a license shall submit a sworn statement attesting that 3 he has knowledge of and understands the provisions of the Fair Housing Act of 1968 4 and the Louisiana Equal Housing Opportunity Act, and any amendments thereto or 5 any successor legislation subsequently following, and that he shall not induce or 6 attempt to induce any person to sell or rent any dwelling by representations regarding 7 the entry or prospective entry into an area, subdivision, or neighborhood of a person 8 or persons of a particular race, color, religion, age, sex, sexual orientation, gender 9 identity or expression, disability, or national origin. 10 * * * 11 §1455. Causes for censure, suspension, or revocation of license, registration, or 12 certification 13 A. The commission may censure a licensee, registrant, or certificate holder 14 or conditionally or unconditionally suspend or revoke any license, registration, or 15 certificate issued under this Chapter, levy fines or impose civil penalties not to 16 exceed five thousand dollars, or impose continuing education requirements on 17 licensees, registrants, or certificate holders if, in the opinion of the commission, a 18 licensee, registrant, or certificate holder is performing or attempting to perform or 19 has performed or has attempted to perform any of the following acts: 20 * * * 21 (28) Having been finally adjudicated and found guilty for refusing, because 22 of race, color, national origin, sex, age, sexual orientation, gender identity or 23 expression, disability, or ethnic group, to show, sell, or rent any real estate for sale 24 or rent to qualified purchasers or renters or for any violation of the Fair Housing Act 25 of 1968 or the Louisiana Equal Housing Opportunity Act and/or including any 26 amendments thereto or any successor legislation subsequently following. 27 * * * 28 HLS 14RS-766 ORIGINAL HB NO. 199 Page 17 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §2654. Board of examiners; creation; membership; appointment; terms; chair; 1 quorum 2 * * * 3 C.(1) Appointment to the board shall be made without regard to race, creed, 4 sex, religion, sexual orientation, gender identity or expression, disability, or national 5 origin of the appointee. The Louisiana Speech-Language-Hearing Association shall, 6 within not less than thirty days prior to the expiration of each term of office, submit 7 to the governor a list of at least three names for each respective professional service 8 category of board member, except the physician member and the public member, 9 selected by all licensed speech-language pathologists and audiologists in this state, 10 from which the governor shall make his appointment to fill the office for the next 11 succeeding term. 12 * * * 13 §2719. Discrimination 14 No license, certificate, or registration shall be denied any applicant based 15 upon the applicant's race, religion, creed, national origin, sex, age, sexual orientation, 16 gender identity or expression, or physical impairment so long as the physical 17 impairment does not interfere with the performance of professional duties or 18 disability. 19 * * * 20 §3425. Qualifications for licensure; renewal 21 * * * 22 C. No license shall be denied any applicant based upon the applicant's race, 23 religion, creed, national origin, sex, age, sexual orientation, gender identity or 24 expression, or physical impairment or disability. 25 * * * 26 §3447. Requirements for licensed professional vocational counselor; renewal of 27 license 28 * * * 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 18 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. C. No license shall be denied any applicant based upon the applicant's race, 1 religion, creed, national origin, sex, age, sexual orientation, gender identity or 2 expression, or or physical impairment disability. 3 Section 11. R.S. 38:2315 is hereby amended and reenacted to read as follows: 4 §2315. Equal opportunity 5 Every person shall be guaranteed equal employment opportunities in the 6 selection of persons for professional services and such selection of persons for 7 professional services and such selection shall not discriminate against any person 8 because of race, religion, national ancestry, age, sex, sexual orientation, gender 9 identity or expression, or physical condition disability. If any person or persons 10 violates the provisions of this section Section, they shall be subject to the same 11 penalties as provided in R.S. 38:2314(A). 12 Section 12. R.S. 39:1411 is hereby amended and reenacted to read as follows: 13 §1411. No state assistance for discriminatory programs 14 No person in the State of Louisiana shall, on the ground of race, color, 15 religion, age, sex, sexual orientation, gender identity or expression, disability, or 16 national origin, be excluded from participation in, be denied the benefits of, or be 17 subjected to discrimination under any program or activity receiving state financial 18 assistance. 19 Section 13. R.S. 40:1232(C), 2113.4(A), 2113.6(A)(1) and (B), 2120.35(B)(5), 20 2125(B), 2403(H)(1), and 2504 are hereby amended and reenacted to read as follows: 21 §1232. Emergency medical personnel training; licensure 22 * * * 23 C. The bureau shall affirmatively provide that there is no discrimination 24 toward any individual in the licensure process on the basis of race, religion, creed, 25 national origin, sex, sexual orientation, gender identity or expression, disability, or 26 age. 27 * * * 28 HLS 14RS-766 ORIGINAL HB NO. 199 Page 19 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §2113.4. Duty to provide services; penalty 1 A. Any general hospital licensed under this Part, which is owned or operated, 2 or both, by a hospital service district, which benefits from being financed by the sale 3 of bonds that are exempt from taxation as provided by Louisiana law, or which 4 receives any other type of financial assistance from the state of Louisiana and which 5 offers emergency room services to the public and is actually offering such services 6 at the time, shall make its emergency services available to all persons residing in the 7 territorial area of the hospital regardless of whether the person is covered by private, 8 federal Medicare or Medicaid, or other insurance. Each person shall receive these 9 services free from discrimination based on race, religion, or national ancestry and 10 from arbitrary, capricious, or unreasonable discrimination based on age, sex, sexual 11 orientation, gender identity or expression, or physical condition and disability, or 12 economic status. However, in no event shall emergency treatment be denied to 13 anyone on account of inability to pay. Any such hospital found to be in violation of 14 this Section shall not receive any client referrals from the Department of Health and 15 Hospitals. 16 * * * 17 §2113.6. Emergency diagnoses and services; denial for inability to pay; 18 discriminatory practices 19 A.(1) No officer, employee, or member of the medical staff of a hospital 20 licensed by the Department of Health and Hospitals shall deny emergency services 21 available at the hospital to a person diagnosed by a licensed physician as requiring 22 emergency services because the person is unable to establish his ability to pay for the 23 services or because of race, religion, or national ancestry. In addition, the person 24 needing the services shall not be subjected by any such person to arbitrary, 25 capricious, or unreasonable discrimination based on age, sex, sexual orientation, 26 gender identity or expression, physical condition, disability, or economic status. 27 * * * 28 HLS 14RS-766 ORIGINAL HB NO. 199 Page 20 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B. No officer, employee, or member of the medical staff of a hospital 1 licensed by the Department of Health and Hospitals shall deny a person in need of 2 emergency services access to diagnosis by a licensed physician on the staff of the 3 hospital because the person is unable to establish his ability to pay for the services 4 or because of race, religion, or national ancestry. In addition, the person needing the 5 services shall not be subjected by any such person to arbitrary, capricious, or 6 unreasonable discrimination based on age, sex, sexual orientation, gender identity 7 or expression, physical condition, disability, or economic status. 8 * * * 9 §2120.35. Rules, regulations, and standards for licenses 10 * * * 11 B. The department shall promulgate minimum standards for adult brain 12 injury facilities as defined in this Part which, at a minimum, shall: 13 * * * 14 (5) Prohibit discrimination by brain injury facilities on the basis of race, 15 color, creed, sex, age, sexual orientation, gender identity or expression, disability, 16 as defined in R.S. 51:2232(11), national origin, or ancestry. 17 * * * 18 §2125. Age; continuation of assistance; discrimination 19 * * * 20 B. Such assistance shall not be provided where an institution or provider 21 discriminates against those seeking services provided herein on the basis of race, 22 color, creed, sex, sexual orientation, gender identity or expression, disability, as 23 defined in R.S. 51:2232(11), or national origin. 24 * * * 25 §2403. Council on Peace Officer Standards and Training 26 * * * 27 H.(1) The council may establish and implement curricula and publish 28 training materials to train peace officers to identify, respond to, and report all crimes 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 21 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. which are directed against individuals or groups, or their property, by reason of their 1 actual or perceived race, age, gender, gender identity or expression, religion, color, 2 creed, disability, sexual orientation, national origin, or ancestry. 3 * * * 4 §2504. Authority to contract 5 The Interagency Recreation Board may enter into contracts with the private 6 sector for the maintenance, upkeep, and management of golf courses, tennis courts, 7 ball parks, and recreation facilities constructed under the provisions of this Chapter 8 and may enter into other such contracts as may be necessary or appropriate to 9 implement the provisions of this Chapter or any other functions of the board as 10 provided by law, all in accordance with applicable laws. However, any such private 11 contractor shall not in any way prohibit or restrict public access to any recreation 12 facilities constructed under the provisions of this Chapter on the basis of race, sex, 13 creed, age, sexual orientation, gender identity or expression, disability, or color. 14 Section 14. R.S. 46:437.11(A), 1104, 1134, 1154, 1407(B)(1)(e)(introductory 15 paragraph) and (F), 1995, and 2205 are hereby amended and reenacted to read as follows: 16 §437.11. Provider agreements 17 A. The department shall make payments from medical assistance programs 18 funds for goods, services, or supplies rendered to recipients to any person who has 19 a provider agreement in effect with the department, who is complying with all 20 federal and state laws and rules pertaining to the medical assistance programs, and 21 who agrees that no person shall be subjected to discrimination under the medical 22 assistance programs because of race, creed, ethnic origin, sex, age, sexual 23 orientation, gender identity or expression, or physical condition. disability. 24 * * * 25 §1104. Application consideration; evaluation 26 It shall be the duty of the board of commissioners to receive, consider, 27 evaluate, and allow or disallow all applications for scholarships made by eligible 28 applicants. The board of commissioners shall make careful and full investigation of 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 22 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. the ability and qualifications of each applicant. The board of commissioners shall 1 provide that an affirmative action program for the selection of recipients be 2 established which shall include that no discrimination occur on the basis of race, 3 creed, sex, age, sexual orientation, gender identity or expression, disability, or ethnic 4 origin. The board of commissioners shall establish and publish rules on the selection 5 process of the recipient which shall preclude the appearance of and the possibility 6 of nepotism. The board of commissioners shall notify each applicant selected to 7 receive a scholarship of his selection and shall also notify the dean of the medical 8 school to which the recipient has been admitted or in which he is engaged in study, 9 or the chief administrator of any internship or residency program in which the 10 applicant is engaged. 11 * * * 12 §1134. Application consideration; evaluation 13 It shall be the duty of the board of commissioners to receive, consider, 14 evaluate, and allow or disallow all applications for scholarships made by eligible 15 applicants. The board of commissioners shall make careful and full investigation of 16 the ability and qualifications of each applicant. The board of commissioners shall 17 provide that an affirmative action program for the selection of recipients be 18 established which shall include that no discrimination occur on the basis of race, 19 creed, sex, age, sexual orientation, gender identity or expression, disability, or ethnic 20 origin. The board of commissioners shall establish and publish rules on the selection 21 process of the recipient which shall preclude the appearance of and the possibility 22 of nepotism. The board of commissioners shall notify each applicant selected to 23 receive a scholarship of his selection and shall also notify the dean of the nursing 24 school or office of financial assistance at the school where the student is registered. 25 * * * 26 §1154. Application consideration; evaluation 27 The board shall receive, consider, evaluate, and allow or disallow all 28 applications for scholarships made by eligible applicants. The board shall make 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 23 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. careful and full investigation of the ability and qualifications of each applicant. The 1 board shall ensure that no discrimination occurs on the basis of race, creed, sex, age, 2 sexual orientation, gender identity or expression, disability, or ethnic origin. The 3 board shall establish and publish rules on the selection process of the recipient which 4 shall preclude the appearance of and the possibility of nepotism. The board shall 5 notify each applicant selected to receive a scholarship of his selection and shall also 6 notify the dean of the school or office of financial assistance at the school where the 7 student is registered. 8 * * * 9 §1407. Rules, regulations, and standards for licenses 10 * * * 11 B.(1) The regulations developed by this department, at a minimum, shall 12 accomplish all of the following: 13 * * * 14 (e) Prohibit discrimination by early childhood learning centers and 15 specialized providers on the basis of race, color, creed, sex, sexual orientation, 16 gender identity or expression, national origin, handicap disability, ancestry, or 17 whether the child is being breastfed. However, nothing in this Subparagraph shall 18 be construed to affect, limit, or otherwise restrict any of the following: 19 * * * 20 F. Discrimination by child care facilities and child-placing agencies on the 21 basis of race, color, creed, sex, sexual orientation, gender identity or expression, 22 national origin, disability as defined by R.S. 51:2232(11), ancestry, or whether the 23 child is being breastfed is prohibited. However, this shall not restrict the hiring or 24 admission policies of a church or religious organization, which may give preference 25 in hiring or admission to members of the church or denomination. 26 * * * 27 HLS 14RS-766 ORIGINAL HB NO. 199 Page 24 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §1995. Nondiscrimination 1 No citizen of this state shall on the ground of sex, sexual orientation, gender 2 identity or expression, disability, age, race, color, religion, or national origin be 3 excluded from participating in, be denied the benefits of, or be subjected to 4 discrimination under, any program or activity funded in whole or in part with funds 5 made available under this Chapter. 6 * * * 7 §2205. Nondiscrimination of policy 8 All organizations receiving grants under this Chapter shall provide the 9 required transportation services without regard to the race, religion, sex, sexual 10 orientation, gender identity or expression, national ancestry, place of residence, or 11 income level of the persons needing the assistance. 12 Section 15. R.S. 47:37(C) and 287.755(C) are hereby amended and reenacted to read 13 as follows: 14 §37. Tax credit for contributions to educational institutions 15 * * * 16 C. There shall be allowed a credit against the tax liability due under the 17 income tax for donations, contributions, or sales below cost of tangible movable 18 property made to educational institutions in the state of Louisiana. The credit 19 allowed by this Section shall be computed at the rate of forty percent of such 20 property's value, as defined herein, or, in the case of a sale below cost, forty percent 21 of the difference between the price received for the tangible movable property by the 22 taxpayer and the value of the property as defined herein. The credit shall be limited 23 to the total of the tax liability for the taxable year for which it is being claimed and 24 shall be in lieu of the deductions from gross income provided for in R.S. 47:57. The 25 credit shall not be allowed if the taxpayer arbitrarily, capriciously, or unreasonably 26 discriminates against any person because of race, religion, age, sex, sexual 27 orientation, gender identity or expression, disability, ideas, beliefs, or affiliations. 28 * * * 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 25 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §287.755. Tax credit for contributions to educational institutions 1 * * * 2 C. There shall be allowed a credit against the tax liability due under the 3 income tax for donations, contributions, or sales below cost of tangible movable 4 property made to educational institutions in the state of Louisiana. The credit 5 allowed by this Section shall be computed at the rate of forty percent of such 6 property's value, as defined herein, or, in the case of a sale below cost, forty percent 7 of the difference between the price received for the tangible movable property by the 8 taxpayer and the value of the property as defined herein. The credit shall be limited 9 to the total of the tax liability for the taxable year for which it is being claimed and 10 shall be in lieu of the deductions from gross income provided for in R.S. 47:57. The 11 credit shall not be allowed if the taxpayer arbitrarily, capriciously, or unreasonably 12 discriminates against any person because of race, religion, age, sex, sexual 13 orientation, gender identity or expression, disability, ideas, beliefs, or affiliations. 14 * * * 15 Section 16. R.S. 48:274.1(C) is hereby amended and reenacted to read as follows: 16 §274.1. Placing of specific information logo signs on interstate highways; contracts 17 with third parties 18 * * * 19 C. Each business indentified identified on a specific information logo sign 20 shall give written assurance to the department of its conformity with all applicable 21 laws concerning the provision of public accommodations without regard to 22 discrimination based on race, religion, color, sex, age, sexual orientation, gender 23 identity or expression, disability, or national origin and shall not be in breach of that 24 assurance. 25 * * * 26 Section 17. R.S. 49:145 and 146(A)(1) are hereby amended and reenacted to read 27 as follows: 28 HLS 14RS-766 ORIGINAL HB NO. 199 Page 26 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §145. Use of public buildings; discrimination 1 No person shall be denied access to any public meeting in any public building 2 or facility used or owned by the state or any political subdivision of the state because 3 of race, color, creed, age, sex, sexual orientation, gender identity or expression, or 4 physical or mental disability. For purposes of this Section, a public meeting is a 5 meeting which is advertised as being open to the general public. 6 §146. Facilities to which public invited; discrimination 7 A.(1) In access to public areas, public accommodations, and public facilities, 8 every person shall be free from discrimination based on race, religion, or national 9 ancestry and from arbitrary, capricious, or unreasonable discrimination based on age, 10 sex, sexual orientation, gender identity or expression, or physical or mental 11 disability. 12 * * * 13 Section 18. R.S. 51:2231(A), 2232(3), 2235(16)(a), 2236(A), 2237(2), 2247, 2248, 14 2254(1) and (2), 2255(A)(introductory paragraph), 2602(A), 2606(A)(1) through (5), 15 2607(A) and (C), and 2608 are hereby amended and reenacted to read as follows: 16 §2231. Statement of purpose; limitation on prohibitions against discrimination 17 because of age 18 A. It is the purpose and intent of the legislature by this enactment to provide 19 for execution within Louisiana of the policies embodied in the Federal Civil Rights 20 Act of 1964, 1968, and 1972 and the Age Discrimination in Employment Act of 21 1967, as amended; and to assure that Louisiana has appropriate legislation 22 prohibiting discrimination in public accommodations sufficient to justify the deferral 23 of cases by the federal Equal Employment Opportunity Commission, the executive 24 director of the Louisiana Workforce Commission, and the Department of Justice 25 under those statutes; to safeguard all individuals within the state from discrimination 26 because of race, creed, color, religion, sex, sexual orientation, gender identity or 27 expression, age, disability, or national origin in connection with employment and in 28 connection with public accommodations; to protect their interest in personal dignity 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 27 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. and freedom from humiliation; to make available to the state their full productive 1 capacities in employment; to secure the state against domestic strife and unrest 2 which would menace its democratic institutions; to preserve the public safety, health, 3 and general welfare; and to further the interest, rights, and privileges within the state. 4 * * * 5 §2232. Definitions 6 As used in this Chapter: 7 * * * 8 (3) "Discriminatory practice in connection with public accommodations" 9 means any direct or indirect act or practice of exclusion, distinction, restriction, 10 segregation, limitation, refusal, denial, or any other act or practice of differentiation 11 or preference in the treatment of a person or persons because of race, creed, color, 12 religion, sex, sexual orientation, gender identity or expression, age, disability, or 13 national origin. 14 * * * 15 §2235. Powers and duties of commission 16 In the enforcement of this Chapter, the commission shall have the following 17 powers and duties: 18 * * * 19 (16) To create local or statewide advisory committees that in its judgment 20 will aid in effectuating the purposes of this Chapter. Members of such committees 21 shall serve without pay but shall be reimbursed for expenses incurred in such service. 22 The commission may make provision for technical and clerical assistance to the 23 committees. The commission may empower these committees: 24 (a) To study and report on problems of discrimination because of race, creed, 25 color, religion, sex, sexual orientation, gender identity or expression, age, disability, 26 or national origin. 27 * * * 28 HLS 14RS-766 ORIGINAL HB NO. 199 Page 28 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §2236. Parishes and municipalities may prohibit discrimination 1 A. Parishes and municipalities may adopt and enforce ordinances, orders, 2 and resolutions prohibiting all forms of discrimination, including discrimination on 3 the basis of race, creed, color, religion, national origin, sex, sexual orientation, 4 gender identity or expression, disability, or age, and to prescribe penalties for 5 violations thereof, such penalties being in addition to the remedial orders and 6 enforcement herein authorized. 7 * * * 8 §2237. Local human rights commissions 9 Any parish or municipality, or one or more parishes and municipalities acting 10 jointly, may create a human rights commission, hereinafter referred to as a "local 11 commission": 12 * * * 13 (2) To safeguard all individuals within its jurisdiction from discrimination 14 because of race, creed, color, religion, national origin, sex, sexual orientation, gender 15 identity or expression, disability, or age. 16 * * * 17 §2247. Public accommodations, resorts, amusements; discriminatory practices 18 prohibited 19 Except as otherwise provided in this Chapter, it is a discriminatory practice 20 for a person to deny an individual the full and equal enjoyment of the goods, 21 services, facilities, privileges, advantages, and accommodations of a place of public 22 accommodation, resort, or amusement, as defined in this Chapter, on the grounds of 23 race, creed, color, religion, sex, sexual orientation, gender identity or expression, 24 age, disability, as defined in R.S. 51:2232(11), or national origin. 25 §2248. Advertisement of accommodations, goods, services 26 It shall be an unlawful practice for a person, directly or indirectly, to publish, 27 circulate, issue, display, mail, or cause to be published, circulated, issued, displayed, 28 or mailed, a written, printed, oral, or visual communication, notice, or advertisement 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 29 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. which indicates that the goods, services, facilities, privileges, advantages, and 1 accommodations of a place of public accommodation, resort, or amusement shall be 2 refused, withheld from, or denied an individual on account of his race, color, 3 religion, age, sex, sexual orientation, gender identity or expression, disability, as 4 defined in R.S. 51:2232(11), or national origin, or that the patronage of or presence 5 at a place of public accommodations, resort, or amusement of an individual on 6 account of his race, color, religion, age, sex, sexual orientation, gender identity or 7 expression, disability, as defined in R.S. 51:2232(11), or national origin is 8 objectionable, unwelcome, unacceptable, or undesirable. 9 §2254. Unlawful financial practices 10 It shall be an unlawful practice for a financial institution or an individual 11 employed by or acting on behalf of a financial institution: 12 (1) To discriminate against an individual because of the race, creed, color, 13 religion, national origin, sex, age, sexual orientation, gender identity or expression, 14 disability, as defined in R.S. 51:2232(11), or age of the individual or the present or 15 prospective owner, tenant, or occupant of the immovable property or of a member, 16 stockholder, director, officer, employee, or representative of any of these, in the 17 granting, withholding, extending, modifying, or renewing of rates, terms, conditions, 18 privileges, or other provisions of financial assistance or in the extension of services 19 in connection therewith. 20 (2) To use a form of application for financial assistance or to make or keep 21 a record or inquiry in connection with applications for financial assistance which 22 indicates directly or indirectly a limitation, specification, or discrimination, as to 23 race, creed, color, religion, age, sex, sexual orientation, gender identity or 24 expression, disability, as defined in R.S. 51:2232(11), or national origin, or an intent 25 to make such a limitation, specification, or discrimination. 26 * * * 27 HLS 14RS-766 ORIGINAL HB NO. 199 Page 30 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §2255. Unlawful practices in connection with credit transactions; exceptions 1 A. It shall be an unlawful practice for any person, whether acting for himself 2 or another, in connection with any credit transaction because of race, creed, color, 3 religion, national origin, disability, as defined in R.S. 51:2232(11), or sex, age, 4 sexual orientation, gender identity or expression: 5 * * * 6 §2602. Policy 7 A. The legislature finds and declares that persons in this state who seek a 8 place to live should be able to find such housing whenever it is available. Further, 9 in many localities there may be housing shortages. All persons should therefore be 10 able to compete for available housing on an open, fair, and equitable basis, regardless 11 of race, color, religion, sex, age, sexual orientation, gender identity or expression, 12 handicap disability, familial status, or national origin. 13 * * * 14 §2606. Discrimination in sale or rental of housing and other prohibited practices 15 A. As made applicable by R.S. 51:2604, and except as exempted by 16 Subsection B thereof and R.S. 51:2605, it is unlawful: 17 (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse 18 to negotiate for the sale or rental of, or otherwise make unavailable or deny, a 19 dwelling to any person because of race, color, religion, sex, age, sexual orientation, 20 gender identity or expression, familial status, or national origin. 21 (2) To discriminate against any person in the terms, conditions, or privileges 22 of sale or rental of a dwelling, or in the provision of services or facilities in 23 connection therewith, because of race, color, religion, sex, age, sexual orientation, 24 gender identity or expression, familial status, or national origin. 25 (3) To make, print, or publish, or cause to be made, printed, or published any 26 notice, statement, or advertisement, with respect to the sale or rental of a dwelling 27 that indicates any preference, limitation, or discrimination based on race, color, 28 religion, sex, age, sexual orientation, gender identity or expression, handicap 29 HLS 14RS-766 ORIGINAL HB NO. 199 Page 31 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. disability, familial status, or national origin, or an intention to make any such 1 preference, limitation, or discrimination. 2 (4) To represent to any person because of race, color, religion, sex, age, 3 sexual orientation, gender identity or expression, handicap disability, familial status, 4 or national origin that any dwelling is not available for inspection, sale, or rental 5 when such dwelling is in fact so available. 6 (5) For profit, to induce or attempt to induce any person to sell or rent any 7 dwelling by representations regarding the entry or prospective entry into the 8 neighborhood of a person or persons of a particular race, color, religion, sex, age, 9 sexual orientation, gender identity or expression, handicap disability, familial status, 10 or national origin. 11 * * * 12 §2607. Discrimination in residential real estate related transactions 13 A. It is unlawful for any person or other entity whose business includes 14 engaging in residential real estate related transactions to discriminate against any 15 person in making available such a transaction, or in the terms or conditions of such 16 a transaction, because of race, color, religion, sex, age, sexual orientation, gender 17 identity or expression, handicap disability, familial status, or national origin. 18 * * * 19 C. Nothing in this Chapter prohibits a person engaged in the business of 20 furnishing appraisals of real property to take into consideration factors other than 21 race, color, religion, national origin, sex, age, sexual orientation, gender identity or 22 expression, handicap disability, or familial status. 23 §2608. Discrimination in provision of brokerage services 24 It is unlawful to deny any person access to or membership or participation in 25 any multiple-listing service, real estate brokers' organization or other service, 26 organization, or facility relating to the business of selling or renting dwellings, or to 27 discriminate against him in the terms or conditions of such access, membership, or 28 HLS 14RS-766 ORIGINAL HB NO. 199 Page 32 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. participation, on account of race, color, religion, sex, age, sexual orientation, gender 1 identity or expression, handicap disability, familial status, or national origin. 2 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Badon HB No. 199 Abstract: Provides relative to discrimination by including sexual orientation and gender identity or expression in various provisions prohibiting or describing discrimination. Also adds age, sex, or disability as prohibited discrimination criteria in a number of such provisions. Proposed law provides with respect to discrimination in various provisions of law. In general, adds sexual orientation and gender identity or expression in provisions prohibiting or describing discrimination. Also adds age, sex, or disability in a number of such provisions. The following table summarizes these changes: Citation R.S. Provisions about discrimination related to Adds sexual orientation & gender identity or expression as discrimination criteria Other criteria added 4:193(B) Exclusion or ejection from a track, race meeting, race, or licensed establishment Yes 9:3583 Extending credit Yes age, disability 14:107.2(A) Definition of hate crimes. Prohibited bases for selection of victims of specified crimes gender identity or expression (sexual orientation already in law) 14:326(C) Applications of requirements for permits for parades, or demonstrations Yes age 15:1204.2(B)(4) Requires La. Uniform Crime Reporting System include crimes directed at persons or groups based on certain actual or perceived characteristics gender identity or expression (sexual orientation already in law) 15:1402(A) Rights to be secure from fear, intimidation, and physical harm caused by violent groups and individuals. Yes 17:111 School admission and school assignment Yes sex (in A) disability (in B) HLS 14RS-766 ORIGINAL HB NO. 199 Citation R.S. Provisions about discrimination related to Adds sexual orientation & gender identity or expression as discrimination criteria Other criteria added Page 33 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 17:158(F) Free school transportation for public and nonpublic schools – Not applicable to students who attend a school that discriminates Yes sex 17:1676(D) Eligibility for a particular scholarship program for approved institutions of higher education in the state Yes 17:2053(D)(3) Payments to independent institutions of higher learning for educating Louisiana residents Yes sex, disability 17:3402(A) Open admission requirements for certification of a Montessori school Yes sex 17:3991(B)(3) Admission requirements of charter schools Yes 22:1452(C)(25) Unfair discrimination relative to insurance rates Yes age, sex 22:1454(A) Prohibited criteria for establishing risk classifications for insurance rates Yes sex, disability 22:1964(7)(f) Unfair or deceptive trade practices in the insurance business, discrimination in refusing to insure, refusing to continue to insure, or limiting the amount of coverage available Yes age, disability 23:332 Louisiana Employment Discrimination Law – Provides for unlawful discrimination in employment Yes age 23:2043(B)(1) Factors for governor to consider in appointments to La. Workforce Investment Council Yes age, disability 27:27.2(B) Persons excluded from gaming premises Yes 27:27.4 Exclusion or ejection of persons from gaming premises Yes 37:1025(B) Selection of medication attendants Yes age, sex HLS 14RS-766 ORIGINAL HB NO. 199 Citation R.S. Provisions about discrimination related to Adds sexual orientation & gender identity or expression as discrimination criteria Other criteria added Page 34 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 37:1107(C) Licensing of licensed professional counselors Yes age, disability 37:1360.23(I) Licensing of physicians assistants and admission to training, employment, and utilization programs Yes 37:1437(D) Requirement for applicants for a real estate license to sign a statement that he will not try to induce sale or rental of any dwelling by representations about entry into an area of persons of a particular race, color, religion, or national origin. Yes age, sex, disability 37:1455(A)(28) Penalties for real estate license or certificate holders do not show, sell, or rent real estate by reason of discrimination Yes age, disability 37:2654(C)(1) Appointment of members of the board of the La. Board of Examiners for Speech-Language Pathology and Audiology Yes disability 37:2719 Granting a social worker's license, certificate, or registration Yes age, disability 37:3425(C) Granting a clinical exercise physiologist's license Yes age, disability 37:3447(C) Granting a rehabilitation counselor's license Yes age, disability 38:2315 Selection of architects, engineers, and landscape architects for public contracts Yes disability 39:1411 Program or activity receiving state financial assistance Yes age, sex, disability 40:1232(C) Licensure of EMS practitioners Yes disability 40:2113.4(A) Hospital service district hospitals providing emergency services Yes disability 40:2113.6(A)(1) and (B) Licensed hospitals providing emergency services Yes disability 40:2120.35(B)(5) Brain injury facilities Yes age HLS 14RS-766 ORIGINAL HB NO. 199 Citation R.S. Provisions about discrimination related to Adds sexual orientation & gender identity or expression as discrimination criteria Other criteria added Page 35 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 40:2125(B) Financial assistance for exceptional children will not be provided for facilities that discriminate Yes sex 40:2403(H)(1) Council on Peace Officer Standards and Training to provide for curricula and training materials to train peace officers to identify, respond to, and report crimes directed against individuals or groups by reason of actual or perceived characteristics gender identity or expression (sexual orientation already in the law) 40:2504 Access to facilities of the Interagency Recreation Board Yes age, disability 46:437.11(A) Payments from medical assistance programs funds for goods, services, or supplies from providers who do not discriminate Yes disability 46:1104 Medical scholarship programs of hospital service districts or parish governing authorities, prohibits discrimination in selection of recipients Yes disability 46:1134 Nursing scholarship programs of hospital service districts or parish governing authorities, prohibits discrimination in selection of recipients Yes disability 46:1154 Allied health professions scholarship programs of hospital service districts or parish governing authorities, prohibits discrimination in selection of recipients Yes disability 46:1407(B)(1)(e) & (F) Licensure of early childhood learning centers and specialized providers and licensure regulations Yes 46:1995 Displaced homemaker programs Yes disability 46:2205 Transportation assistance for the elderly and handicapped Yes HLS 14RS-766 ORIGINAL HB NO. 199 Citation R.S. Provisions about discrimination related to Adds sexual orientation & gender identity or expression as discrimination criteria Other criteria added Page 36 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 47:37(C) Income tax credit for donations, contributions, or sales below cost of tangible movable property for educational institutions, excludes donors who discriminate Yes age, sex, disability 47:287.755(C) Same as above but applicable to corporation, person, estate, or trust contributing, donating, or selling below cost tangible movable property to educational institutions. Applies to corporate tax Yes age, sex, disability 48:274.1(C) Requires that businesses that have their logo on Interstate highway signs comply with laws relative to discrimination in public accommodations Yes age, disability 49:145 Access to public meetings in facilities owned or used by the state or political subdivisions Yes age, sex 49:146(A)(1) Access to public areas, public accommodations, and public facilities Yes 51:2231(A) Legislative intent that creation of the La. Commission on Human Rights is to safeguard from discrimination Yes 51:2232(3) Defines "Discriminatory practice in connection with public accommodations" Yes 51:2235(16)(a) La. Commission on Human Rights authority to create advisory committees on discrimination Yes 51:2236(A) Authorizes parishes and municipalities to adopt and enforce discrimination prohibitions Yes 51:2237(2) Authorizes parishes and municipalities to create a human rights commission to safeguard from discrimination Yes HLS 14RS-766 ORIGINAL HB NO. 199 Citation R.S. Provisions about discrimination related to Adds sexual orientation & gender identity or expression as discrimination criteria Other criteria added Page 37 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 51:2247 Denial of full and equal enjoyment of a place of public accommodation, resort, or amusement Yes 51:2248 Certain advertising about discrimination by a public accommodation Yes age, sex 51:2254(1) and (2) Granting, withholding, extending, modifying, or renewing of rates, terms, conditions, privileges, or other provisions of financial assistance or in the extension of services in connection therewith Yes (1) age (2) age, sex 51:2255(A) (introductory paragraph) Practices in credit transactions Yes age 51:2602(A) Legislative finding about competing for available housing without discrimination Yes age 51:2606(A)(1) through (5) Sale or rental of housing Yes age 51:2607(A) and (C) Residential real estate related transactions Yes age 51:2608 Access or terms of access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings Yes age Proposed law (R.S. 23:302(9) & (10)) add definitions of "sexual orientation" and "gender identity or expression" for purposes of the Louisiana Employment Discrimination Law and provisions for unlawful discrimination in employment. Defines "sexual orientation" as an individual's actual or perceived heterosexuality, homosexuality, or bisexuality. Defines "gender identity or expression" as a gender-related identity, appearance, expression, or behavior of a person, regardless of the person's assigned sex at birth. Present law (R.S. 12:1041(A)) authorizes the attorney general to institute civil proceedings to annul, vacate, or forfeit the articles of incorporation and franchise of a domestic corporation, or to revoke the certificate of authority to transact business in this state of a foreign corporation when: (1) A corporation officer or person controlling corporate management or operation, with the knowledge of the president and a majority of the board of directors or under HLS 14RS-766 ORIGINAL HB NO. 199 Page 38 of 38 CODING: Words in struck through type are deletions from existing law; words underscored are additions. circumstances such that they should have knowledge, is engaged in any unlawful activity aimed at organized homosexuality, organized crimes against nature, organized prostitution, organized gambling, organized narcotics, organized extortion or organized embezzlement; or (2) A director, officer, employee, agent, or stockholder acting for such corporation has, in conducting the corporation's affairs, purposely engaged in any unlawful activity aimed at homosexuality, crimes against nature, intimidation and coercion, bribery, prostitution, gambling, extortion, embezzlement, unlawful sale of narcotics or other illegal conduct, with the knowledge of the president and majority of the board of directors or under such circumstances that they should have knowledge, with the intent to compel or induce other persons, firms, or corporations to deal with such corporation or engage in such illegal conduct; and (3) For the prevention of future illegal conduct of the same character, the public interest requires the corporation charter to be annulled, vacated, or forfeited and the corporation to be dissolved or the certificate of authority to transact business in the state revoked. Proposed law retains present law except removes references to homosexuality. Proposed law changes "handicap" to "disability" in a number of provisions. (Amends R.S. 4:193(B), R.S. 9:3583, R.S. 12:1041(A), R.S. 14:107.2(A) and 326(C), R.S. 15:1204.2(B)(4) and 1402(A), R.S. 17:111, 158(F), 1676(D), 2053(D)(3), 3402(A), and 3991(B)(3), R.S. 22:1452(C)(25), 1454(A), and 1964(7)(f), R.S. 23:332 and 2043(B)(1), R.S. 27:27.2(B) and 27.4, R.S. 37:1025(B), 1107(C), 1360.23(I), 1437(D), 1455(A)(28), 2654(C)(1), 2719, 3425(C), and 3447(C), R.S. 38:2315, R.S. 39:1411, R.S. 40:1232(C), 2113.4(A), 2113.6(A)(1) and (B), 2120.35(B)(5), 2125(B), 2403(H)(1), and 2504, R.S. 46:437.11(A), 1104, 1134, 1154, 1407(B)(1)(e)(intro. para.) and (F), 1995, and 2205, R.S. 47:37(C) and 287.755(C), R.S. 48:274.1(C), R.S. 49:145 and 146(A)(1), and R.S. 51:2231(A), 2232(3), 2235(16)(a), 2236(A), 2237(2), 2247, 2248, 2254(1) and (2), 2255(A) (intro. para.), 2602(A), 2606(A)(1) through (5), 2607(A) and (C), and 2608; Adds R.S. 23:302(9) and (10))