Text of LA HB 501 (2016)

HLS 16RS-732 ORIGINAL 2016 Regular Session HOUSE BILL NO. 501 BY REPRESENTATIVE SMITH DISCRIMINATION: Provides relative to discrimination 1 AN ACT 2 To amend and reenact R.S. 4:193(B), R.S. 9:3583, R.S. 12:1041, R.S. 14:107.2(A) and 3 326(C), R.S. 15:1204.2(B)(4) and 1402(A), R.S. 17:111, 158(F), 1676(D), 4 2053(D)(3), 3402(A), and 3991(B)(3), R.S. 22:1452(C)(25), 1454(A), and 5 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), 6 1107(C), 1360.23(H), 1437(D), 1455(A)(28), 2654(C)(1), 2719, 3425(C), and 7 3447(C), R.S. 38:2315, R.S. 39:1411, R.S. 40:1131.1(C), 2113.4(A), 2113.6(A)(1) 8 and (B), 2120.35(B)(5), 2125(B), 2403(H)(1), and 2504, R.S. 46:437.11(A), 1104, 9 1134, 1154, 1407(B)(1)(e)(introductory paragraph) and (F), 1995, and 2205, R.S. 10 47:37(C) and 287.755(C), R.S. 48:274.1(C), R.S. 49:145 and 146(A)(1), and R.S. 11 51:2231(A), 2232(3), 2235(16)(a), 2236(A), 2237(2), 2247, 2248, 2254(1) and (2), 12 2255(A)(introductory paragraph), 2602(A), 2606(A)(1) through (5), 2607(A) and 13 (C), and 2608 and to enact R.S. 23:302(9) and (10), relative to discrimination; to 14 expand the application of various provisions relative to discrimination by adding 15 additional criteria; to provide for definitions; to remove certain activities from 16 provisions for the attorney general to institute civil proceedings against certain 17 corporations; and to provide for related matters. 18 Be it enacted by the Legislature of Louisiana: 19 Section 1. R.S. 4:193(B) is hereby amended and reenacted to read as follows: 20 §193. Categories of persons subject to exclusion and ejection; civil liberties 21 * * * Page 1 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 B. No person may be excluded or ejected on account of race, color, creed, 2 age, sexual orientation, gender identity or expression, national origin, ancestry, 3 disability, as defined in R.S. 51:2232(11), or gender. 4 * * * 5 Section 2. R.S. 9:3583 is hereby amended and reenacted to read as follows: 6 §3583. Discrimination prohibited 7 A. It shall be unlawful for any extender of credit to refuse to extend credit 8 to any major or emancipated minor solely because of that person's race, color, 9 religion, national origin, sex, age, sexual orientation, gender identity or expression, 10 disability, or marital status. 11 B. It shall also be unlawful for any extender of credit to require any major 12 or emancipated minor to meet credit qualification standards not required of other 13 persons similarly situated. 14 Section 3. R.S. 12:1041 is hereby amended and reenacted to read as follows: 15 §1041. Suppression of criminally operated businesses by domestic and foreign 16 corporations; proceedings 17 A. The attorney general is authorized to institute civil proceedings against 18 any domestic corporation to procure a judgment annulling, vacating or forfeiting its 19 articles of incorporation and franchise, and against any foreign corporation to revoke 20 its certificate of authority to transact business in this state when: 21 1.(1) Any of the corporation officers or any other person controlling the 22 management or operation of such corporation, with the knowledge of the president 23 and a majority of the board of directors or under such circumstances that the 24 president and a majority of the directors should have knowledge, is a person or 25 persons engaged in activities such as organized violent revolutionary or unlawful 26 activity aimed at the overthrow of the government of the State of Louisiana or any 27 of its political subdivisions, or any boards, commissions, agency or official of either, 28 or any unlawful activity aimed at organized homosexuality, organized crimes against 29 nature, organized prostitution, organized gambling, organized narcotics, organized Page 2 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 extortion or organized embezzlement, or who is connected directly or indirectly with 2 organizations, syndicates or criminal societies engaged in any of these; or 3 2.(2) A director, officer, employee, agent or stockholder acting for, through 4 or on behalf of such corporation has, in conducting the corporation's affairs, 5 purposely engaged in a persistent course of violent revolutionary or unlawful activity 6 aimed at the overthrow of the government of the State of Louisiana or any of its 7 political subdivisions, or any boards, commissions, agency or official or any 8 unlawful activity aimed at homosexuality, crimes against nature, intimidation and 9 coercion, bribery, prostitution, gambling, extortion, embezzlement, unlawful sale of 10 narcotics or other illegal conduct, with the knowledge of the president and majority 11 of the board of directors or under such circumstances that the president and a 12 majority of the directors should have knowledge, with the intent to compel or induce 13 other persons, firms or corporations to deal with such corporation or engage in any 14 such illegal conduct, and 15 3.(3) For the prevention of future illegal conduct of the same character, the 16 public interest requires the charter of the corporation to be annulled, vacated or 17 forfeited and the corporation to be dissolved or the certificate of authority to transact 18 business in this state revoked. 19 B.(1) The proceedings authorized by this section may be instituted against 20 a corporation in the district court for the parish of its registered office or for any 21 parish in which it is doing business. The proceedings shall be conducted in 22 accordance with the Louisiana Code of Civil Procedure and the applicable rules of 23 court. 24 (2) The proceedings herein authorized shall be in addition to any other 25 proceeding authorized by law for the purpose of annulling, vacating or forfeiting the 26 articles and franchise of a domestic corporation and/or revoking the certificate of 27 authority of a foreign corporation to transact business in this state. 28 Section 4. R.S. 14:107.2(A) and 326(C) are hereby amended and reenacted to read 29 as follows: Page 3 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 §107.2. Hate crimes 2 A. It shall be unlawful for any person to select the victim of the following 3 offenses against person and property because of actual or perceived race, age, 4 gender, gender identity or expression, religion, color, creed, disability, sexual 5 orientation, national origin, or ancestry of that person or the owner or occupant of 6 that property or because of actual or perceived membership or service in, or 7 employment with, an organization: first or second degree murder; manslaughter; 8 battery; aggravated battery; second degree battery; aggravated assault with a firearm; 9 terrorizing; mingling harmful substances; simple or third degree rape, forcible or 10 second degree rape, or aggravated or first degree rape; sexual battery, second degree 11 sexual battery; oral sexual battery; carnal knowledge of a juvenile; indecent behavior 12 with juveniles; molestation of a juvenile or a person with a physical or mental 13 disability; simple, second degree, or aggravated kidnapping; simple or aggravated 14 arson; communicating of false information of planned arson; simple or aggravated 15 criminal damage to property; contamination of water supplies; simple or aggravated 16 burglary; criminal trespass; simple, first degree, or armed robbery; purse snatching; 17 extortion; theft; desecration of graves; institutional vandalism; or assault by drive-by 18 shooting. 19 * * * 20 §326. Processions, marches, parades, or demonstrations; permits; liability; bond; 21 exemptions; penalty 22 * * * 23 C. The provisions of this Section shall apply to all groups, associations, or 24 organizations regardless of race, creed, age, sex, sexual orientation, gender identity 25 or expression, disability, as defined in R.S. 51:2232(11), color, or political beliefs 26 of its members; however, nothing contained herein shall apply to a bona fide 27 legitimate labor organization or professional firefighter or police association or to 28 any lawful activity of a labor union permitted by law, nor shall these provisions 29 apply to any procession or parade directly held or sponsored by the governing Page 4 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 authority of any municipality or the governing authority of any parish, nor shall these 2 provisions apply to any procession, march, or parade directly held or sponsored by 3 a bona fide organization specifically for the celebration of Mardi Gras and/or directly 4 related prelenten or carnival festivities, school parades or other functions, parish 5 parades or other functions, state, parish, or municipal fairs or other such related 6 activities. However, the provisions of this Section shall apply only to parishes with 7 a population of more than four hundred fifty thousand. 8 * * * 9 Section 5. R.S. 15:1204.2(B)(4) and 1402(A) are hereby amended and reenacted to 10 read as follows: 11 §1204.2. Creation of system; functions; powers; duties 12 * * * 13 B. The system, by and through the commission, shall have the following 14 functions, powers, and duties: 15 * * * 16 (4) To prepare and distribute, to all such persons and agencies, forms to be 17 used in reporting data to the system. The forms shall provide for information 18 regarding crimes which are directed against individuals or groups, or their property, 19 by reason of their actual or perceived race, age, gender, gender identity or 20 expression, religion, color, creed, disability, sexual orientation, national origin, or 21 ancestry or by reason of their actual or perceived membership or service in, or 22 employment with, an organization as defined in R.S. 14:107.2. The forms shall also 23 provide for other items of information needed by federal and state bureaus or 24 departments engaged in the development of national and state statistics. 25 * * * 26 §1402. Legislative findings and declaration 27 A. The legislature hereby finds and declares that it is the right of every 28 person, regardless of race, color, creed, religion, national origin, sex, sexual 29 orientation, gender identity or expression, age, or disability, to be secure and Page 5 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 protected from fear, intimidation, and physical harm caused by the activities of 2 violent groups and individuals. It is not the intent of this Chapter to interfere with 3 the constitutional exercise of the protected rights of freedom of expression and 4 association. The legislature hereby recognizes the right of every citizen to harbor 5 and constitutionally express beliefs on any lawful subject whatsoever, to associate 6 lawfully with others who share similar beliefs, to petition lawfully constituted 7 authority for a redress of perceived grievances, and to participate in the electoral 8 process. 9 * * * 10 Section 6. R.S. 17:111, 158(F), 1676(D), 2053(D)(3), 3402(A), and 3991(B)(3) are 11 hereby amended and reenacted to read as follows: 12 §111. Discrimination in public schools prohibited; pupil assignment; religious 13 educational institutions 14 A. No person shall be refused admission into or be excluded from any public 15 school in the state of Louisiana on account of race, creed, color, sex, sexual 16 orientation, gender identity or expression, disability, as defined in R.S. 51:2232(11), 17 or national origin. 18 B. Except with the express approval of a board of education or school board 19 having jurisdiction, a majority of the members of such board having been elected, 20 no student shall be assigned or compelled to attend any school on account of race, 21 creed, color, sexual orientation, gender identity or expression, disability, or national 22 origin, or for the purpose of achieving equality in attendance or increased attendance 23 or reduced attendance, at any school, of persons of one or more particular races, 24 creeds, colors, sexual orientations, gender identities or expressions, disabilities, or 25 national origins, and no school district, school zone or attendance unit, by whatever 26 name known, shall be established, reorganized or maintained for any such purpose, 27 provided that nothing contained in this section Section shall prevent the assignment 28 of a pupil in the manner requested or authorized by his parents or guardian, and 29 provided further that nothing in this Act shall be deemed to affect, in any way, the Page 6 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 right of a religious or denominational educational institution to select its pupils 2 exclusively or primarily from members of such religion or denomination or from 3 giving preference to such selection to such members or to make such selection to its 4 pupils as is calculated to promote the religious principle for which it is established. 5 * * * 6 §158. School buses for transportation of students; employment of bus operators; 7 alternative means of transportation; improvement of school bus turnarounds; 8 loading and unloading students 9 * * * 10 F. The provisions of this Section shall apply to eligible public and nonpublic 11 school students. However, these provisions shall not apply to any student or the 12 parent or tutor of any student who attends a school which discriminates on the basis 13 of race, creed, color, sex, sexual orientation, gender identity or expression, or 14 national origin. 15 * * * 16 §1676. Recipients and awards of scholarships 17 * * * 18 D. Scholarship awards shall be made without regard to the applicant's race, 19 disability, as defined in R.S. 51:2232(11), creed, color, sex, sexual orientation, 20 gender identity or expression, national origin, or ancestry; and in making scholarship 21 awards, the department shall provide a fair and equitable geographical distribution 22 of the awards and shall treat all approved institutions of higher education in a fair 23 and equitable manner. 24 * * * 25 §2053. Payments to independent institutions of higher learning for educating 26 Louisiana residents 27 * * * 28 D. As used in this Section, the term "eligible institutions" shall mean 29 Centenary College, Dillard University, Our Lady of Holy Cross College, Louisiana Page 7 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 College, Loyola University, Our Lady of the Lake College, St. Joseph Seminary 2 College, Tulane University, and Xavier University, all in Louisiana. In order to 3 qualify for payments made by the Board of Regents under this Section, eligible 4 institutions shall: 5 * * * 6 (3) Admit students without regard to race, religion, color, sex, sexual 7 orientation, gender identity or expression, disability, or national origin. 8 * * * 9 §3402. Minimum requirements for school certification; admission policies; 10 environment; program 11 The minimum requirements for certification as a Montessori school shall be 12 as follows: 13 A. Admission policies 14 All admissions in a Montessori school shall be open to all persons of all 15 races, creeds, sex, sexual orientation, gender identity or expression, or color, and to 16 all persons with disabilities as defined in R.S. 51:2232(11). 17 * * * 18 §3991. Charter schools; requirements; limitations; renewal; amendment; revocation 19 * * * 20 B. Each proposed charter shall contain or make provision for the following: 21 * * * 22 (3) Admission requirements, if any, that are consistent with the school's role, 23 scope, and mission may be established pursuant to rules promulgated by the state 24 board. Such admission requirements shall be specific and shall include a system for 25 admission decisions which precludes exclusion of pupils based on race, religion, 26 gender, ethnicity, sexual orientation, gender identity or expression, national origin, 27 intelligence level as ascertained by an intelligence quotient examination, or 28 identification as a student with an exceptionality as defined in R.S. 17:1942(B). 29 Such admission requirements may include, however, specific requirements related Page 8 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 to a school's mission such as auditions for schools with a performing arts mission or 2 proficiency in a foreign language for schools with a language immersion mission. 3 Any school which was chartered prior to July 1, 2012, and which incorporated 4 achievement of a certain academic record as part of its admission requirements may 5 continue to utilize such admission requirements. No local board shall assign any 6 pupil to attend a charter school. 7 * * * 8 Section 7. R.S. 22:1452(C)(25), 1454(A), and 1964(7)(f) are hereby amended and 9 reenacted to read as follows: 10 §1452. Purpose of rate regulation; construction; definitions 11 * * * 12 C. As used in this Subpart, the following definitions shall be applicable: 13 * * * 14 (25) "Unfairly discriminatory" means not capable of being actuarially 15 justified or based on race, color, creed, age, sex, sexual orientation, gender identity 16 or expression, disability, or national origin. It does not refer to rates that produce 17 differences in premiums for policyholders with different loss exposures, so long as 18 the rate is actuarially justified and reflects such differences with reasonable accuracy. 19 * * * 20 §1454. Rating standards and methods 21 A. Rates shall not be inadequate or unfairly discriminatory in a competitive 22 market. Rates shall not be excessive, inadequate, or unfairly discriminatory in a 23 noncompetitive market. Risks may be classified using any criteria except that no 24 risk shall be classified on the basis of race, color, creed, sex, sexual orientation, 25 gender identity or expression, disability, or national origin. 26 * * * Page 9 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 §1964. Methods, acts, and practices which are defined as unfair or deceptive 2 The following are declared to be unfair methods of competition and unfair 3 or deceptive acts or practices in the business of insurance: 4 * * * 5 (7) Unfair discrimination. 6 * * * 7 (f) Refusing to insure, refusing to continue to insure, or limiting the amount 8 of coverage available to an individual solely because of the sex, marital status, race, 9 religion, age, sexual orientation, gender identity or expression, disability, or national 10 origin of the individual. However, nothing in this Subsection shall prohibit an 11 insurer from taking marital status into account for the purpose of defining persons 12 eligible for dependent benefits. Nothing in this Section shall prohibit or limit the 13 operation of fraternal benefit societies. 14 * * * 15 Section 8. R.S. 23:332 and 2043(B)(1) are hereby amended and reenacted and R.S. 16 23:302(9) and (10) are hereby enacted to read as follows: 17 §302. Definitions 18 For purposes of this Chapter and unless the context clearly indicates 19 otherwise, the following terms shall have the following meanings ascribed to them: 20 * * * 21 (9) "Sexual orientation" means an individual's actual or perceived 22 heterosexuality, homosexuality, or bisexuality. 23 (10) "Gender identity or expression" means a gender-related identity, 24 appearance, expression, or behavior of a person, regardless of the person's assigned 25 sex at birth. 26 * * * 27 §332. Intentional discrimination in employment 28 A. It shall be unlawful discrimination in employment for an employer to 29 engage in any of the following practices: Page 10 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 (1) Intentionally fail or refuse to hire or to discharge any individual, or 2 otherwise to intentionally discriminate against any individual with respect to 3 compensation, or terms, conditions, or privileges of employment, because of the 4 individual's race, color, religion, sex, age, sexual orientation, gender identity or 5 expression, or national origin. 6 (2) Intentionally limit, segregate, or classify employees or applicants for 7 employment in any way which would deprive or tend to deprive any individual of 8 employment opportunities, or otherwise adversely affect the individual's status as an 9 employee, because of the individual's race, color, religion, sex, age, sexual 10 orientation, gender identity or expression, or national origin. 11 (3) Intentionally pay wages to an employee at a rate less than that of another 12 employee of the opposite sex for equal work on jobs in which their performance 13 requires equal skill, effort, and responsibility and which are performed under similar 14 working conditions. An employer paying wages in violation of this Section may not 15 reduce the wages of any other employee in order to comply with this Section. 16 B. It shall be unlawful discrimination in employment for an employment 17 agency to intentionally fail or refuse to refer for employment, or otherwise to 18 intentionally discriminate against, any individual because of his race, color, religion, 19 sex, age, sexual orientation, gender identity or expression, or national origin, or to 20 intentionally classify or refer for employment any individual on the basis of his race, 21 color, religion, sex, age, sexual orientation, gender identity or expression, or national 22 origin. 23 C. It shall be unlawful discrimination in employment for a labor organization 24 to engage in any of the following practices: 25 (1) Intentionally exclude or intentionally expel from its membership, or 26 otherwise intentionally discriminate against, any individual because of his race, 27 color, religion, sex, age, sexual orientation, gender identity or expression, or national 28 origin. Page 11 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 (2) Intentionally limit, segregate, or classify its membership or applicants for 2 membership, or intentionally classify or fail or refuse to refer for employment any 3 individual in any way which would deprive or tend to deprive any individual of 4 employment opportunities, or would limit such employment opportunities, or 5 otherwise adversely affect his status as an employee or as an applicant for 6 employment, because of such individual's race, color, religion, sex, age, sexual 7 orientation, gender identity or expression, or national origin. 8 (3) Intentionally cause or attempt to cause an employer to discriminate 9 against an individual in violation of this Section. 10 D. It shall be unlawful discrimination in employment for any employer, labor 11 organization, or joint labor-management committee controlling apprenticeship or 12 other training or retraining, including on-the-job training programs, to discriminate 13 against any individual because of his race, color, religion, sex, age, sexual 14 orientation, gender identity or expression, or national origin in admission to, or 15 employment in, any program established to provide apprenticeship or other training. 16 E. It shall be unlawful discrimination in employment for an employer, 17 employment agency, labor organization, or joint labor-management committee 18 controlling apprenticeship or other training or retraining, including on-the-job 19 training programs, to print or publish, or cause to be printed or published, any notice 20 or advertisement relating to employment by an employer or membership in or any 21 classification or referral for employment by a labor organization, or relating to any 22 classification or referral for employment by an employment agency, or relating to 23 admission to, or employment in, any program established to provide apprenticeship 24 or other training by a joint labor-management committee, indicating any preference, 25 limitation, specification, or discrimination based on race, color, religion, sex, age, 26 sexual orientation, gender identity or expression, or national origin. However, a 27 notice or advertisement may indicate a preference, limitation, specification, or 28 discrimination based on religion, sex, age, sexual orientation, gender identity or Page 12 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 expression, or national origin when religion, sex, or national origin is a bona fide 2 occupational qualification for employment. 3 F. It shall be unlawful discrimination in employment for an insurer to engage 4 in any of the following practices: 5 (1) Intentionally fail or refuse to appoint or to discharge any insurance agent, 6 or otherwise to intentionally discriminate against any insurance agent with respect 7 to his compensation, terms, conditions, or privileges of employment, because of the 8 insurance agent's race, color, religion, sex, age, sexual orientation, gender identity 9 or expression, or national origin. 10 (2) Intentionally limit, segregate, or classify his insurance agents or 11 applicants for an insurance agent in any way which would deprive or tend to deprive 12 any insurance agent or applicant of employment opportunities, or otherwise 13 adversely affect his status as an insurance agent or applicant because of the insurance 14 agent's or applicant's race, color, religion, sex, age, sexual orientation, gender 15 identity or expression, or national origin. 16 G. Nothing contained in this Section shall be construed so as to create a 17 cause of action against an employer, employment agency, labor organization, or 18 insurer for employment practices pursuant to any affirmative action plan. 19 H. Notwithstanding any other provision of this Section, it shall not be 20 unlawful discrimination in employment for: 21 (1) An employer to hire and employ employees, for an employment agency 22 to classify or refer for employment any individual, for a labor organization to 23 classify its membership or to classify or refer for employment any individual, or for 24 an employer, labor organization, or joint labor-management committee controlling 25 apprenticeship or other training or retraining programs to admit or employ any 26 individual in any such program on the basis of his religion, sex, age, sexual 27 orientation, gender identity or expression, or national origin in those certain instances 28 where religion, sex, age, sexual orientation, gender identity or expression, or national Page 13 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 origin is a bona fide occupational qualification reasonably necessary for the normal 2 operation of that particular business or enterprise. 3 (2) A school, college, university, or other educational institution or 4 institution of learning to hire and employ employees of a particular religion if such 5 school, college, university, or other educational institution or institution of learning 6 is, in whole or in substantial part, owned, supported, controlled, or managed by a 7 particular religion or by a particular religious corporation, association, or society, or 8 if the curriculum of the school, college, university, or other educational institution 9 or institution of learning is directed toward the propagation of a particular religion. 10 (3) An employer to apply different standards of compensation or different 11 terms, conditions, or privileges of employment pursuant to a bona fide seniority or 12 merit system, or a system which measures earnings by quantity or quality of 13 production, or any other differential based on any factor other than sex, or to 14 employees who work in different locations, provided that such differences are not 15 the result of an intention to discriminate because of race, color, religion, sex, age, 16 sexual orientation, gender identity or expression, or national origin. 17 (4) An employer to give and to act upon the results of any professionally 18 developed ability test, provided that such test, its administration, or action upon the 19 results is not designed, intended, or used to discriminate because of race, color, 20 religion, sex, age, sexual orientation, gender identity or expression, or national 21 origin. 22 * * * 23 §2043. Members 24 * * * 25 B.(1) In making the appointments, the governor shall, as nearly as 26 practicable, appoint members in a manner that is representative of the population of 27 the regions of the state and shall consider factors including but not limited to race, Page 14 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 color, religion, gender, age, sexual orientation, gender identity or expression, 2 disability, and national origin. 3 * * * 4 Section 9. R.S. 27:27.2(B) and 27.4 are hereby amended and reenacted to read as 5 follows: 6 §27.2. Board designated excluded persons 7 * * * 8 B. The board and the division shall have the authority to place persons on the 9 excluded list. The board or division may not place a person on the list required by 10 this Section due to the person's race, color, creed, national origin, sex, sexual 11 orientation, gender identity or expression, or disability, as defined in R.S. 12 51:2232(11). 13 * * * 14 §27.4. Exclusion or ejection of persons 15 A. Any licensee, permittee, or the casino gaming operator may exclude or 16 eject any person for any reason, except race, color, creed, national origin, sex, sexual 17 orientation, gender identity or expression, or disability as defined in R.S. 18 51:2232(11). 19 B. Any licensee or casino gaming operator licensed pursuant to the 20 provisions of this Title, and any employee of a licensee or casino gaming operator 21 shall not be liable for any monetary damages or any other remedy in any judicial 22 proceeding as a result of the exclusion or removal of any person for any reason, 23 except race, color, creed, national origin, sex, sexual orientation, gender identity or 24 expression, or disability as defined in R.S. 51:2232(11). 25 Section 10. R.S. 37:1025(B), 1107(C), 1360.23(H), 1437(D), 1455(A)(28), 26 2654(C)(1), 2719, 3425(C), and 3447(C) are hereby amended and reenacted to read as 27 follows: 28 §1025. Qualifications of applicants to the drug administration course 29 * * * Page 15 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 B. There will be no discrimination in selection of medication attendants for 2 reason of race, color, creed, religion, age, sex, sexual orientation, gender identity or 3 expression, disability, as defined in R.S. 51:2232(11), or national origin. 4 * * * 5 §1107. Requirements for licensed professional counselor; provisional license; 6 temporary license or temporary provisional license; renewal of license or 7 temporary provisional license 8 * * * 9 C. No license shall be denied any applicant based upon the applicant's race, 10 religion, creed, national origin, sex, age, sexual orientation, gender identity or 11 expression, or disability or physical impairment. 12 * * * 13 §1360.23. Powers and duties of the board 14 * * * 15 H. The board shall ensure that applicants for the program shall not be 16 discriminated against due to race, color, creed, age, sex, sexual orientation, gender 17 identity or expression, disability, as defined in R.S. 51:2232(3), or national origin. 18 * * * 19 §1437. Application for license 20 * * * 21 D. Every applicant for a license shall submit a sworn statement attesting that 22 he has knowledge of and understands the provisions of the Fair Housing Act of 1968 23 and the Louisiana Equal Housing Opportunity Act, and any amendments thereto or 24 any successor legislation subsequently following, and that he shall not induce or 25 attempt to induce any person to sell or rent any dwelling by representations regarding 26 the entry or prospective entry into an area, subdivision, or neighborhood of a person 27 or persons of a particular race, color, religion, age, sex, sexual orientation, gender 28 identity or expression, disability, or national origin. 29 * * * Page 16 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 §1455. Causes for censure, suspension, or revocation of license, registration, or 2 certification 3 A. The commission may censure a licensee, registrant, or certificate holder 4 or conditionally or unconditionally suspend or revoke any license, registration, or 5 certificate issued under this Chapter, levy fines or impose civil penalties not to 6 exceed five thousand dollars, or impose continuing education requirements on 7 licensees, registrants, or certificate holders if, in the opinion of the commission, a 8 licensee, registrant, or certificate holder is performing or attempting to perform or 9 has performed or has attempted to perform any of the following acts: 10 * * * 11 (28) Having been finally adjudicated and found guilty for refusing, because 12 of race, color, national origin, sex, age, sexual orientation, gender identity or 13 expression, disability, or ethnic group, to show, sell, or rent any real estate for sale 14 or rent to qualified purchasers or renters or for any violation of the Fair Housing Act 15 of 1968 or the Louisiana Equal Housing Opportunity Act and/or including any 16 amendments thereto or any successor legislation subsequently following. 17 * * * 18 §2654. Board of examiners; creation; membership; appointment; terms; chair; 19 quorum 20 * * * 21 C.(1) Appointment to the board shall be made without regard to race, creed, 22 sex, religion, sexual orientation, gender identity or expression, disability, or national 23 origin of the appointee. The Louisiana Speech-Language-Hearing Association, shall 24 within not less than thirty days prior to the expiration of each term of office, submit 25 to the governor a list of at least three names for each respective professional service 26 category of board member, except the physician member and the public member, 27 selected by all licensed speech-language pathologists and audiologists in this state, Page 17 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 from which the governor shall make his appointment to fill the office for the next 2 succeeding term. 3 * * * 4 §2719. Discrimination 5 No license, certificate, or registration shall be denied any applicant based 6 upon the applicant's race, religion, creed, national origin, sex, age, sexual orientation, 7 gender identity or expression, or physical impairment so long as the physical 8 impairment does not interfere with the performance of professional duties or 9 disability. 10 * * * 11 §3425. Qualifications for licensure; renewal 12 * * * 13 C. No license shall be denied any applicant based upon the applicant's race, 14 religion, creed, national origin, sex, age, sexual orientation, gender identity or 15 expression, or physical impairment or disability. 16 * * * 17 §3447. Requirements for licensed professional vocational counselor; renewal of 18 license 19 * * * 20 C. No license shall be denied any applicant based upon the applicant's race, 21 religion, creed, national origin, sex, age, sexual orientation, gender identity or 22 expression, or or physical impairment disability. 23 Section 11. R.S. 38:2315 is hereby amended and reenacted to read as follows: 24 §2315. Equal opportunity 25 Every person shall be guaranteed equal employment opportunities in the 26 selection of persons for professional services and such selection of persons for 27 professional services and such selection shall not discriminate against any person 28 because of race, religion, national ancestry, age, sex, sexual orientation, gender 29 identity or expression, or physical condition disability. If any person or persons Page 18 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 violates the provisions of this section Section, they shall be subject to the same 2 penalties as provided in R.S. 38:2314(A). 3 Section 12. R.S. 39:1411 is hereby amended and reenacted to read as follows: 4 §1411. No state assistance for discriminatory programs 5 No person in the State of Louisiana shall, on the ground of race, color, 6 religion, age, sex, sexual orientation, gender identity or expression, disability, or 7 national origin, be excluded from participation in, be denied the benefits of, or be 8 subjected to discrimination under any program or activity receiving state financial 9 assistance. 10 Section 13. R.S. 40:1133.1(C), 2113.4(A), 2113.6(A)(1) and (B), 2120.35(B)(5), 11 2125(B), 2403(H)(1), and 2504 are hereby amended and reenacted to read as follows: 12 §1232. Emergency medical personnel training; licensure 13 * * * 14 C. The bureau shall affirmatively provide that there is no discrimination 15 toward any individual in the licensure process on the basis of race, religion, creed, 16 national origin, sex, sexual orientation, gender identity or expression, disability, or 17 age. 18 * * * 19 §2113.4. Duty to provide services; penalty 20 A. Any general hospital licensed under this Part, which is owned or operated, 21 or both, by a hospital service district, which benefits from being financed by the sale 22 of bonds that are exempt from taxation as provided by Louisiana law, or which 23 receives any other type of financial assistance from the state of Louisiana and which 24 offers emergency room services to the public and is actually offering such services 25 at the time, shall make its emergency services available to all persons residing in the 26 territorial area of the hospital regardless of whether the person is covered by private, 27 federal Medicare or Medicaid, or other insurance. Each person shall receive these 28 services free from discrimination based on race, religion, or national ancestry and 29 from arbitrary, capricious, or unreasonable discrimination based on age, sex, sexual Page 19 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 orientation, gender identity or expression, or physical condition and disability, or 2 economic status. However, in no event shall emergency treatment be denied to 3 anyone on account of inability to pay. Any such hospital found to be in violation of 4 this Section shall not receive any client referrals from the Department of Health and 5 Hospitals. 6 * * * 7 §2113.6. Emergency diagnoses and services; denial for inability to pay; 8 discriminatory practices 9 A.(1) No officer, employee, or member of the medical staff of a hospital 10 licensed by the Department of Health and Hospitals shall deny emergency services 11 available at the hospital to a person diagnosed by a licensed physician as requiring 12 emergency services because the person is unable to establish his ability to pay for the 13 services or because of race, religion, or national ancestry. In addition, the person 14 needing the services shall not be subjected by any such person to arbitrary, 15 capricious, or unreasonable discrimination based on age, sex, sexual orientation, 16 gender identity or expression, physical condition, disability, or economic status. 17 * * * 18 B. No officer, employee, or member of the medical staff of a hospital 19 licensed by the Department of Health and Hospitals shall deny a person in need of 20 emergency services access to diagnosis by a licensed physician on the staff of the 21 hospital because the person is unable to establish his ability to pay for the services 22 or because of race, religion, or national ancestry. In addition, the person needing the 23 services shall not be subjected by any such person to arbitrary, capricious, or 24 unreasonable discrimination based on age, sex, sexual orientation, gender identity 25 or expression, physical condition, disability, or economic status. 26 * * * 27 §2120.35. Rules, regulations, and standards for licenses 28 * * * Page 20 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 B. The department shall promulgate minimum standards for adult brain 2 injury facilities as defined in this Part which, at a minimum, shall: 3 * * * 4 (5) Prohibit discrimination by brain injury facilities on the basis of race, 5 color, creed, sex, age, sexual orientation, gender identity or expression, disability, 6 as defined in R.S. 51:2232(11), national origin, or ancestry. 7 * * * 8 §2125. Age; continuation of assistance; discrimination 9 * * * 10 B. Such assistance shall not be provided where an institution or provider 11 discriminates against those seeking services provided herein on the basis of race, 12 color, creed, sex, sexual orientation, gender identity or expression, disability, as 13 defined in R.S. 51:2232(11), or national origin. 14 * * * 15 §2403. Council on Peace Officer Standards and Training 16 * * * 17 H.(1) The council may establish and implement curricula and publish 18 training materials to train peace officers to identify, respond to, and report all crimes 19 which are directed against individuals or groups, or their property, by reason of their 20 actual or perceived race, age, gender, gender identity or expression, religion, color, 21 creed, disability, sexual orientation, national origin, or ancestry. 22 * * * 23 §2504. Authority to contract 24 The Interagency Recreation Board may enter into contracts with the private 25 sector for the maintenance, upkeep, and management of golf courses, tennis courts, 26 ball parks, and recreation facilities constructed under the provisions of this Chapter 27 and may enter into other such contracts as may be necessary or appropriate to 28 implement the provisions of this Chapter or any other functions of the board as 29 provided by law, all in accordance with applicable laws. However, any such private Page 21 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 contractor shall not in any way prohibit or restrict public access to any recreation 2 facilities constructed under the provisions of this Chapter on the basis of race, sex, 3 creed, age, sexual orientation, gender identity or expression, disability, or color. 4 Section 14. R.S. 46:437.11(A), 1104, 1134, 1154, 1407(B)(1)(e)(introductory 5 paragraph) and (F), 1995, and 2205 are hereby amended and reenacted to read as follows: 6 §437.11. Provider agreements 7 A. The department shall make payments from medical assistance programs 8 funds for goods, services, or supplies rendered to recipients to any person who has 9 a provider agreement in effect with the department, who is complying with all 10 federal and state laws and rules pertaining to the medical assistance programs, and 11 who agrees that no person shall be subjected to discrimination under the medical 12 assistance programs because of race, creed, ethnic origin, sex, age, sexual 13 orientation, gender identity or expression, or physical condition disability. 14 * * * 15 §1104. Application consideration; evaluation 16 It shall be the duty of the board of commissioners to receive, consider, 17 evaluate, and allow or disallow all applications for scholarships made by eligible 18 applicants. The board of commissioners shall make careful and full investigation of 19 the ability and qualifications of each applicant. The board of commissioners shall 20 provide that an affirmative action program for the selection of recipients be 21 established which shall include that no discrimination occur on the basis of race, 22 creed, sex, age, sexual orientation, gender identity or expression, disability, or ethnic 23 origin. The board of commissioners shall establish and publish rules on the selection 24 process of the recipient which shall preclude the appearance of and the possibility 25 of nepotism. The board of commissioners shall notify each applicant selected to 26 receive a scholarship of his selection and shall also notify the dean of the medical 27 school to which the recipient has been admitted or in which he is engaged in study, Page 22 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 or the chief administrator of any internship or residency program in which the 2 applicant is engaged. 3 * * * 4 §1134. Application consideration; evaluation 5 It shall be the duty of the board of commissioners to receive, consider, 6 evaluate, and allow or disallow all applications for scholarships made by eligible 7 applicants. The board of commissioners shall make careful and full investigation of 8 the ability and qualifications of each applicant. The board of commissioners shall 9 provide that an affirmative action program for the selection of recipients be 10 established which shall include that no discrimination occur on the basis of race, 11 creed, sex, age, sexual orientation, gender identity or expression, disability, or ethnic 12 origin. The board of commissioners shall establish and publish rules on the selection 13 process of the recipient which shall preclude the appearance of and the possibility 14 of nepotism. The board of commissioners shall notify each applicant selected to 15 receive a scholarship of his selection and shall also notify the dean of the nursing 16 school or office of financial assistance at the school where the student is registered. 17 * * * 18 §1154. Application consideration; evaluation 19 The board shall receive, consider, evaluate, and allow or disallow all 20 applications for scholarships made by eligible applicants. The board shall make 21 careful and full investigation of the ability and qualifications of each applicant. The 22 board shall ensure that no discrimination occurs on the basis of race, creed, sex, age, 23 sexual orientation, gender identity or expression, disability, or ethnic origin. The 24 board shall establish and publish rules on the selection process of the recipient which 25 shall preclude the appearance of and the possibility of nepotism. The board shall 26 notify each applicant selected to receive a scholarship of his selection and shall also 27 notify the dean of the school or office of financial assistance at the school where the 28 student is registered. 29 * * * Page 23 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 §1407. Rules, regulations, and standards for licenses 2 * * * 3 B.(1) The regulations developed by the department, at a minimum, shall 4 accomplish all of the following: 5 * * * 6 (e) Prohibit discrimination by specialized providers on the basis of race, 7 color, creed, sex, sexual orientation, gender identity or expression, national origin, 8 disability, ancestry, or whether the child is being breastfed. However, nothing in this 9 Subparagraph shall be construed to affect, limit, or otherwise restrict any of the 10 following: 11 * * * 12 F. Discrimination by specialized providers and child-placing agencies on the 13 basis of race, color, creed, sex, sexual orientation, gender identity or expression, 14 national origin, disability as defined by R.S. 51:2232(11), ancestry, or whether the 15 child is being breastfed is prohibited. However, this shall not restrict the hiring or 16 admission policies of a church or religious organization, which may give preference 17 in hiring or admission to members of the church or denomination. 18 * * * 19 §1995. Nondiscrimination 20 No citizen of this state shall on the ground of sex, sexual orientation, gender 21 identity or expression, disability, age, race, color, religion, or national origin be 22 excluded from participating in, be denied the benefits of, or be subjected to 23 discrimination under, any program or activity funded in whole or in part with funds 24 made available under this Chapter. 25 * * * 26 §2205. Nondiscrimination of policy 27 All organizations receiving grants under this Chapter shall provide the 28 required transportation services without regard to the race, religion, sex, sexual Page 24 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 orientation, gender identity or expression, national ancestry, place of residence or 2 income level of the persons needing the assistance. 3 Section 15. R.S. 47:37(C) and 287.755(C) are hereby amended and reenacted to read 4 as follows: 5 §37. Tax credit for contributions to educational institutions 6 * * * 7 C. There shall be allowed a credit against the tax liability due under the 8 income tax for donations, contributions, or sales below cost of tangible movable 9 property made to educational institutions in the state of Louisiana. The credit 10 allowed by this Section shall be computed at the rate of twenty-nine percent of such 11 property's value, as defined herein, or, in the case of a sale below cost, twenty-nine 12 percent of the difference between the price received for the tangible movable 13 property by the taxpayer and the value of the property as defined herein. The credit 14 shall be limited to the total of the tax liability for the taxable year for which it is 15 being claimed and shall be in lieu of the deductions from gross income provided for 16 in R.S. 47:57. The credit shall not be allowed if the taxpayer arbitrarily, 17 capriciously, or unreasonably discriminates against any person because of race, 18 religion, age, sex, sexual orientation, gender identity or expression, disability, ideas, 19 beliefs, or affiliations. 20 * * * 21 §287.755. Tax credit for contributions to educational institutions 22 * * * 23 C. There shall be allowed a credit against the tax liability due under the 24 income tax for donations, contributions, or sales below cost of tangible movable 25 property made to educational institutions in the state of Louisiana. The credit 26 allowed by this Section shall be computed at the rate of twenty-nine percent of such 27 property's value, as defined herein, or, in the case of a sale below cost, twenty-nine 28 percent of the difference between the price received for the tangible movable 29 property by the taxpayer and the value of the property as defined herein. The credit Page 25 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 shall be limited to the total of the tax liability for the taxable year for which it is 2 being claimed and shall be in lieu of the deductions from gross income provided for 3 in R.S. 47:57. The credit shall not be allowed if the taxpayer arbitrarily, 4 capriciously, or unreasonably discriminates against any person because of race, 5 religion, age, sex, sexual orientation, gender identity or expression, disability, ideas, 6 beliefs, or affiliations. 7 * * * 8 Section 16. R.S. 48:274.1(C) is hereby amended and reenacted to read as follows: 9 §274.1. Placing of specific information logo signs on interstate highways; contracts 10 with third parties 11 * * * 12 C. Each business indentified identified on a specific information logo sign 13 shall give written assurance to the department of its conformity with all applicable 14 laws concerning the provision of public accommodations without regard to 15 discrimination based on race, religion, color, sex, age, sexual orientation, gender 16 identity or expression, disability, or national origin, and shall not be in breach of that 17 assurance. 18 * * * 19 Section 17. R.S. 49:145 and 146(A)(1) are hereby amended and reenacted to read 20 as follows: 21 §145. Use of public buildings; discrimination 22 No person shall be denied access to any public meeting in any public building 23 or facility used or owned by the state or any political subdivision of the state because 24 of race, color, creed, age, sex, sexual orientation, gender identity or expression, or 25 physical or mental disability. For purposes of this Section, a public meeting is a 26 meeting which is advertised as being open to the general public. 27 §146. Facilities to which public invited; discrimination 28 A.(1) In access to public areas, public accommodations, and public facilities, 29 every person shall be free from discrimination based on race, religion, or national Page 26 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 ancestry and from arbitrary, capricious, or unreasonable discrimination based on age, 2 sex, sexual orientation, gender identity or expression, or physical or mental 3 disability. 4 * * * 5 Section 18. R.S. 51:2231(A), 2232(5), 2235(16)(a), 2236(A), 2237(2), 2247, 2248, 6 2254(1) and (2), 2255(A)(introductory paragraph), 2602(A), 2606(A)(1) through (5), 7 2607(A) and (C), and 2608 are hereby amended and reenacted to read as follows: 8 §2231. Statement of purpose; limitation on prohibitions against discrimination 9 because of age 10 A. It is the purpose and intent of the legislature by this enactment to provide 11 for execution within Louisiana of the policies embodied in the Federal Civil Rights 12 Act of 1964, 1968, and 1972 and the Age Discrimination in Employment Act of 13 1967, as amended; and to assure that Louisiana has appropriate legislation 14 prohibiting discrimination in public accommodations sufficient to justify the deferral 15 of cases by the federal Equal Employment Opportunity Commission, the executive 16 director of the Louisiana Workforce Commission, and the Department of Justice 17 under those statutes; to safeguard all individuals within the state from discrimination 18 because of race, creed, color, religion, sex, sexual orientation, gender identity or 19 expression, age, disability, or national origin in connection with employment and in 20 connection with public accommodations; to protect their interest in personal dignity 21 and freedom from humiliation; to make available to the state their full productive 22 capacities in employment; to secure the state against domestic strife and unrest 23 which would menace its democratic institutions; to preserve the public safety, health, 24 and general welfare; and to further the interest, rights, and privileges within the state. 25 * * * 26 §2232. Definitions 27 As used in this Chapter: 28 * * * Page 27 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 (5) "Discriminatory practice in connection with public accommodations" 2 means any direct or indirect act or practice of exclusion, distinction, restriction, 3 segregation, limitation, refusal, denial, or any other act or practice of differentiation 4 or preference in the treatment of a person or persons because of race, creed, color, 5 religion, sex, sexual orientation, gender identity or expression, age, disability, or 6 national origin. 7 * * * 8 §2235. Powers and duties of commission 9 In the enforcement of this Chapter or of Chapter 3-A of Title 23 of the 10 Louisiana Revised Statutes of 1950, or R.S. 23:664, the commission shall have the 11 following powers and duties: 12 * * * 13 (16) To create local or statewide advisory committees that in its judgment 14 will aid in effectuating the purposes of this Chapter. Members of such committees 15 shall serve without pay but shall be reimbursed for expenses incurred in such service. 16 The commission may make provision for technical and clerical assistance to the 17 committees. The commission may empower these committees: 18 (a) To study and report on problems of discrimination because of race, creed, 19 color, religion, sex, sexual orientation, gender identity or expression, age, disability, 20 or national origin. 21 * * * 22 §2236. Parishes and municipalities may prohibit discrimination 23 A. Parishes and municipalities may adopt and enforce ordinances, orders, 24 and resolutions prohibiting all forms of discrimination, including discrimination on 25 the basis of race, creed, color, religion, national origin, sex, sexual orientation, 26 gender identity or expression, disability, or age, and to prescribe penalties for 27 violations thereof, such penalties being in addition to the remedial orders and 28 enforcement herein authorized. 29 * * * Page 28 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 §2237. Local human rights commissions 2 Any parish or municipality, or one or more parishes and municipalities acting 3 jointly, may create a human rights commission, hereinafter referred to as a "local 4 commission": 5 * * * 6 (2) To safeguard all individuals within its jurisdiction from discrimination 7 because of race, creed, color, religion, national origin, sex, sexual orientation, gender 8 identity or expression, disability, or age. 9 * * * 10 §2247. Public accommodations, resorts, amusements; discriminatory practices 11 prohibited 12 Except as otherwise provided in this Chapter, it is a discriminatory practice 13 for a person to deny an individual the full and equal enjoyment of the goods, 14 services, facilities, privileges, advantages, and accommodations of a place of public 15 accommodation, resort, or amusement, as defined in this Chapter, on the grounds of 16 race, creed, color, religion, sex, sexual orientation, gender identity or expression, 17 age, disability, as defined in R.S. 51:2232(11), or national origin. 18 * * * 19 §2248. Advertisement of accommodations, goods, services 20 It shall be an unlawful practice for a person, directly or indirectly, to publish, 21 circulate, issue, display, mail, or cause to be published, circulated, issued, displayed, 22 or mailed, a written, printed, oral, or visual communication, notice, or advertisement 23 which indicates that the goods, services, facilities, privileges, advantages, and 24 accommodations of a place of public accommodation, resort, or amusement shall be 25 refused, withheld from, or denied an individual on account of his race, color, 26 religion, age, sex, sexual orientation, gender identity or expression, disability, as 27 defined in R.S. 51:2232(11), or national origin, or that the patronage of or presence 28 at a place of public accommodations, resort, or amusement of an individual on 29 account of his race, color, religion, age, sex, sexual orientation, gender identity or Page 29 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 expression, disability, as defined in R.S. 51:2232(11), or national origin is 2 objectionable, unwelcome, unacceptable, or undesirable. 3 §2254. Unlawful financial practices 4 It shall be an unlawful practice for a financial institution or an individual 5 employed by or acting on behalf of a financial institution: 6 (1) To discriminate against an individual because of the race, creed, color, 7 religion, national origin, sex, age, sexual orientation, gender identity or expression, 8 disability, as defined in R.S. 51:2232(11), or age of the individual or the present or 9 prospective owner, tenant, or occupant of the immovable property or of a member, 10 stockholder, director, officer, employee, or representative of any of these, in the 11 granting, withholding, extending, modifying, or renewing of rates, terms, conditions, 12 privileges, or other provisions of financial assistance or in the extension of services 13 in connection therewith. 14 (2) To use a form of application for financial assistance or to make or keep 15 a record or inquiry in connection with applications for financial assistance which 16 indicates directly or indirectly a limitation, specification, or discrimination, as to 17 race, creed, color, religion, age, sex, sexual orientation, gender identity or 18 expression, disability, as defined in R.S. 51:2232(11), or national origin, or an intent 19 to make such a limitation, specification, or discrimination. 20 * * * 21 §2255. Unlawful practices in connection with credit transactions; exceptions 22 A. It shall be an unlawful practice for any person, whether acting for himself 23 or another, in connection with any credit transaction because of race, creed, color, 24 religion, national origin, disability, as defined in R.S. 51:2232(11), or sex, age, 25 sexual orientation, gender identity or expression: 26 * * * 27 §2602. Policy 28 A. The legislature finds and declares that persons in this state who seek a 29 place to live should be able to find such housing whenever it is available. Further, Page 30 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 in many localities there may be housing shortages. All persons should therefore be 2 able to compete for available housing on an open, fair, and equitable basis, regardless 3 of race, color, religion, sex, age, sexual orientation, gender identity or expression, 4 disability, familial status, or national origin. 5 * * * 6 §2606. Discrimination in sale or rental of housing and other prohibited practices 7 A. As made applicable by R.S. 51:2604, and except as exempted by 8 Subsection B thereof and R.S. 51:2605, it is unlawful: 9 (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse 10 to negotiate for the sale or rental of, or otherwise make unavailable or deny, a 11 dwelling to any person because of race, color, religion, sex, age, sexual orientation, 12 gender identity or expression, familial status, or national origin. 13 (2) To discriminate against any person in the terms, conditions, or privileges 14 of sale or rental of a dwelling, or in the provision of services or facilities in 15 connection therewith, because of race, color, religion, sex, age, sexual orientation, 16 gender identity or expression, familial status, or national origin. 17 (3) To make, print, or publish, or cause to be made, printed, or published any 18 notice, statement, or advertisement, with respect to the sale or rental of a dwelling 19 that indicates any preference, limitation, or discrimination based on race, color, 20 religion, sex, age, sexual orientation, gender identity or expression, disability, 21 familial status, or national origin, or an intention to make any such preference, 22 limitation, or discrimination. 23 (4) To represent to any person because of race, color, religion, sex, age, 24 sexual orientation, gender identity or expression, disability, familial status, or 25 national origin that any dwelling is not available for inspection, sale, or rental when 26 such dwelling is in fact so available. 27 (5) For profit, to induce or attempt to induce any person to sell or rent any 28 dwelling by representations regarding the entry or prospective entry into the 29 neighborhood of a person or persons of a particular race, color, religion, sex, age, Page 31 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 1 sexual orientation, gender identity or expression, disability, familial status, or 2 national origin. 3 * * * 4 §2607. Discrimination in residential real estate related transactions 5 A. It is unlawful for any person or other entity whose business includes 6 engaging in residential real estate related transactions to discriminate against any 7 person in making available such a transaction, or in the terms or conditions of such 8 a transaction, because of race, color, religion, sex, age, sexual orientation, gender 9 identity or expression, disability, familial status, or national origin. 10 * * * 11 C. Nothing in this Chapter prohibits a person engaged in the business of 12 furnishing appraisals of real property to take into consideration factors other than 13 race, color, religion, national origin, sex, age, sexual orientation, gender identity or 14 expression, disability, or familial status. 15 §2608. Discrimination in provision of brokerage services 16 It is unlawful to deny any person access to or membership or participation in 17 any multiple-listing service, real estate brokers' organization or other service, 18 organization, or facility relating to the business of selling or renting dwellings, or to 19 discriminate against him in the terms or conditions of such access, membership, or 20 participation, on account of race, color, religion, sex, age, sexual orientation, gender 21 identity or expression, disability, familial status, or national origin. 22 Section 19. This Act shall become effective on August 15, 2016; if vetoed by the 23 governor and subsequently approved by the legislature, this Act shall become effective on 24 June 30, 2016, or on the day following such approval by the legislature, whichever is later. Page 32 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 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)] HB 501 Original 2016 Regular Session Smith 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) 17:158(F) Free school transportation for public and nonpublic schools – Not applicable to students who attend a school that discriminates Yes sex Page 33 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 Citation R.S. Provisions about discrimination related to Adds sexual orientation & gender identity or expression as discrimination criteria Other criteria added 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, disability 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 37:1107(C) Licensing of licensed professional counselors Yes age, disability Page 34 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 Citation R.S. Provisions about discrimination related to Adds sexual orientation & gender identity or expression as discrimination criteria Other criteria added 37:1360.23(H) 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 40:1133.1(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 Page 35 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 Citation R.S. Provisions about discrimination related to Adds sexual orientation & gender identity or expression as discrimination criteria Other criteria added 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 Page 36 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 Citation R.S. Provisions about discrimination related to Adds sexual orientation & gender identity or expression as discrimination criteria Other criteria added 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(5) 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 Page 37 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 Citation R.S. Provisions about discrimination related to Adds sexual orientation & gender identity or expression as discrimination criteria Other criteria added 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 Page 38 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-732 ORIGINAL HB NO. 501 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. (Amends R.S. 4:193(B), R.S. 9:3583, R.S. 12:1041, 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(H), 1437(D), 1455(A)(28), 2654(C)(1), 2719, 3425(C), and 3447(C), R.S. 38:2315, R.S. 39:1411, R.S. 40:1133.1(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(5), 2235(16)(a), 2236(A), 2237(2), 2247, 2248, 2254(1) and (2), 2255(A) (intro. para.), 2602(A), 2606(A)(1) - (5), 2607(A) and (C), and 2608; Adds R.S. 23:302(9) and (10)) Page 39 of 39 CODING: Words in struck through type are deletions from existing law; words underscored are additions.