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 612 Original 2015 Regular Session Badon
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) Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity or
expression as
discrimination
criteria
Other criteria
added
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
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 Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity or
expression as
discrimination
criteria
Other criteria
added
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 attendantsYes age, sex
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 Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity or
expression as
discrimination
criteria
Other criteria
added
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
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) Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity or
expression as
discrimination
criteria
Other criteria
added
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
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 Citation
R.S.
Provisions about
discrimination related to
Adds sexual
orientation &
gender identity or
expression as
discrimination
criteria
Other criteria
added
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 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 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(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(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))