The original instrument was prepared by Angela Lockett De Jean. The following
digest, which does not constitute a part of the legislative instrument, was prepared
by Ann S. Brown.
DIGEST
SB 265 Reengrossed 2018 Regular Session Morrell
Present law provides that any new or altered public building or facility or private building or facility
shall be made accessible pursuant to ADA Standards subject only to the limitations or exceptions
provided for therein.
Present law provides that any altered public building or facility or private building or facility shall
not be made to comply with certain sections of the ADA Standards relative to path of travel.
Present law provides that any dwelling unit in a facility which incorporates four or more dwelling
units shall be made accessible in accordance with the ADA Standards and rules promulgated by the
fire marshal pursuant to the APA.
Proposed law retains present law.
Proposed law also provides that any courthouse shall be made accessible pursuant to ADA Standards
subject only to the limitations or exceptions provided for in present law. Proposed law further
provides that any multistory courthouse shall have at least one-half of all of its elevators in proper
working service at all times and shall be made accessible in accordance with the ADA Standards and
rules promulgated by the fire marshal pursuant to the APA.
Proposed law provides that the owner of the multistory courthouse shall contact the elevator repair
company within 24 hours of the elevator becoming inoperable and that no elevator shall remain out
of service for repair and maintenance for more than 3 weeks.
Proposed law provides that failure to comply with proposed law shall be considered a "defacto
admission of fault" under the ADA Standards.
Proposed law provides that the natural or juridical person who owns the building is responsible for
the maintenance of the elevator. In addition to penalties of present law, any building owner who
violates or fails to comply with the provisions of proposed law shall be subject to a fine of $2,500
per day.
Effective August 1, 2018.
(Adds R.S. 40:1734(C))
Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Health and Welfare to the
original bill
1. Clarifies that the owner of the courthouse is responsible for ensuring compliance with
the requirements of the law.
Senate Floor Amendments to engrossed bill
1. Specifies that the owner of the multistory courthouse shall contact an elevator repair
company within 24 hours of an elevator becoming inoperable. Also provides that no
elevator shall be out of service for more than three weeks.
2. Specifies that the natural or juridical person who owns the building is responsible for
maintenance of the elevator. Further reduces the fine from $5,000 per day to $2,500
per day when there is a violation or failure to comply with the provisions of proposed
law and the fine is payable by the natural or juridical person who owns the building.