Title 46. Public Welfare and Assistance

Chapter 30. Civil Rights for Persons with Disabilities


46:2253      Definitions


For the purposes of this Chapter the following definitions shall apply:


(1) “Person with a disability” means any person who has an impairment which substantially limits one or more life activities or (a) has a record of such an impairment or (b) is regarded as having such an impairment.


(2) “Impairment” means an intellectual disability; any physical or physiological disorder or condition, or prior mental disorder or condition, but does not include chronic alcoholism or any other form of active drug addiction; any cosmetic disfigurement; or an anatomical loss of body systems.


(3) “Major life activities” mean functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.


(4) “Otherwise qualified person with a disability” means:


(a) With respect to educational services, a person with a disability who meets the academic and technical standards requisite to admission or participation in educational and extracurricular activities and programs.


(b) With respect to other services, a person with a disability who meets the essential eligibility requirements for the receipt of such services.


(5) “Person” includes an individual, agent, association, corporation, joint stock company, labor union, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, the state, or any other legal or commercial entity or state, local or political governmental entity or agency; except that, the persons presently in compliance with federal statutes regarding discrimination of persons who are elderly and persons with disabilities are excluded.


(6) “Financial assistance” means any grant of funds, loans, services of public personnel, or interest in or use of real or personal property from the state or any political subdivision thereof.


(7) to (9) Repealed by Acts 1997, No. 1409, § 4, eff. Aug. 1, 1997.


(10) “Educational institution” means a public or private institution and includes an academy, college, university, elementary or secondary school, extension course, kindergarten, day care center, school system, or school district, and a business, nursing, professional, secretarial, technical, trade or vocational school, and includes an agent of an educational institution; however, it does not include any such institution, school or facility which receives no state or federal funds.


(11) The term “discrimination” shall include unreasonable segregation or separation.


(12) “Housing accommodation” includes improved or unimproved real property, or a part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home residence or sleeping place of one or more persons.


(13) “Immediate family” means a spouse, parent, child, or sibling.


(14) “Real estate broker or salesman” means a person, firm, or corporation, whether licensed or not, who, with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases, real property; or who negotiates or attempts to negotiate any of these activities; or who holds himself out as engaged in these activities; or who negotiates or attempts to negotiate a loan to be secured by a mortgage or other encumbrance upon real property; or who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these persons.


(15) “Real estate transaction” means the sale, exchange, rental, or lease of real property, or an interest therein.


(16) “Real property” includes a building, structure, mobile home, real estate, land, mobile home park, trailer park, tenement, leasehold, or an interest in a real estate cooperative or condominium whether of a residential, commercial, or industrial nature.


(17) “Adaptive devices” means any items utilized to compensate for a physical or mental impairment, including, but not limited to, braces or other supports, wheelchairs, talking boards, hearing aids, corrective devices, corrective lenses, or seeing eye dogs.


(18) “ANSI” means the American National Standards Institute specifications “Making Building & Facilities accessible to and usable by Physically Handicapped People, ANSI A 117.1 (1977).”


(19) Repealed by Acts 1997, No. 1409, § 4, eff. Aug. 1, 1997.


Added by Acts 1980, No. 665, § 1. Amended by Acts 1981, No. 623, § 1; Acts 1985, No. 364, § 1, eff. July 9, 1985; Acts 1997, No. 1409, § 2, eff. Aug. 1, 1997; Acts 2014, No. 811, § 24, eff. June 23, 2014.