§ 38:2319 Short title
§ 38:2319.1 Legislative findings and intent
§ 38:2319.2 Definitions
§ 38:2319.3 Equipment-lease-purchase contracts with nonprofit lessors authorized; term
§ 38:2319.4 Procurement of equipment; general law applicable
§ 38:2319.5 Selection of nonprofit lessor; award of lease
§ 38:2319.6 Appropriation dependency
§ 38:2319.7 Purchase option
§ 38:2319.8 Lease status
§ 38:2319.9 Equipment warranty; pursuit of actions
§ 38:2319.10 Approval by State Bond Commission

Terms Used In Louisiana Revised Statutes > Title 38 > Chapter 10 > Part VIII - Local Government Equipment-Lease-Purchase

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annual plan: means the state integrated coastal protection plan submitted annually to the legislature as provided in this Part including amendments to the plan, as determined by the board. See Louisiana Revised Statutes 49:214.2
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the Coastal Protection and Restoration Authority Board. See Louisiana Revised Statutes 49:214.2
  • Coastal area: means the Louisiana Coastal Zone and contiguous areas subject to storm or tidal surge and the area comprising the Louisiana Coastal Ecosystem as defined in Section 7001 of P. See Louisiana Revised Statutes 49:214.2
  • comprehensive master coastal protection plan: means the long-term comprehensive integrated coastal protection plan combining coastal restoration, coastal zone management, storm damage reduction, hurricane protection, flood control, and the protection, conservation, restoration, and enhancement of coastal wetlands, marshes, cheniers, ridges, coastal forests, and barrier shorelines or reefs, including amendments, as determined by the board to the plan. See Louisiana Revised Statutes 49:214.2
  • Conservation and restoration: means the conservation, protection, enhancement, and restoration of coastal resources including but not limited to coastal wetlands, marshes, cheniers, ridges, coastal forests, and barrier islands, shorelines, coastal passes, or reefs through the construction and management of coastal resources enhancement projects, including privately funded marsh management projects or plans, and those activities requiring a coastal use permit which significantly affect such projects or which significantly diminish the benefits of such projects or plans insofar as they are intended to conserve or enhance coastal resources consistent with the legislative intent as expressed in La. See Louisiana Revised Statutes 49:214.2
  • contract: means any contract awarded by any public entity for the making of any public works or for the purchase of any materials or supplies. See Louisiana Revised Statutes 38:2211
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equipment-lease-purchase contract: means the lease-purchase contract in the form approved by the State Bond Commission between the local governmental entity and a nonprofit lessor providing for an obligation to lease equipment approved by the governmental entity pursuant to this Part and the lease of selected equipment designated by a local governmental entity. See Louisiana Revised Statutes 38:2319.2
  • Ex officio: Literally, by virtue of one's office.
  • Executive assistant: means the special assistant to the governor for coordination of coastal activities as delineated in La. See Louisiana Revised Statutes 49:214.2
  • Executive director: means the person appointed to serve as the head of the Coastal Protection and Restoration Authority. See Louisiana Revised Statutes 49:214.2
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fund: means the Coastal Protection and Restoration Fund. See Louisiana Revised Statutes 49:214.2
  • Hurricane protection: means systems to provide protection against tidal and storm surges. See Louisiana Revised Statutes 49:214.2
  • Infrastructure: means facilities or systems in the coastal area that are negatively impacted by coastal land loss or rising seas, and that serve a critical public purpose and are consistent with the priorities stated in the master plan and the eligible uses of the Gulf of Mexico Energy Security Act of 2006. See Louisiana Revised Statutes 49:214.2
  • Integrated coastal protection: means plans, projects, policies, and programs intended to provide hurricane protection or coastal conservation or restoration, and shall include but not be limited to coastal restoration; coastal protection; infrastructure; storm damage reduction; flood control; water resources development; erosion control measures; marsh management; diversions; saltwater intrusion prevention; wetlands and central wetlands conservation, enhancement, and restoration; barrier island and shoreline stabilization and preservation; coastal passes stabilization and restoration; mitigation; storm surge reduction; or beneficial use projects. See Louisiana Revised Statutes 49:214.2
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee: means the local governmental entity which is designated as lessee under an equipment-lease-purchase contract. See Louisiana Revised Statutes 38:2319.2
  • lessor: means a public corporation or public trust organized pursuant to state law having for its beneficiary the state, organized as a not-for-profit entity, no portion of the net earnings or other assets of which inure to the benefit of any private shareholder or individual, and which shall be authorized under state law to issue obligations for equipment acquisition the interest on which is exempt from calculation of gross income for federal income tax purposes. See Louisiana Revised Statutes 38:2319.2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local governmental entity: means municipalities, parishes, school boards, clerks of court, levee districts, law enforcement districts, all special service districts, port commissions, and other political subdivisions of the state of Louisiana. See Louisiana Revised Statutes 38:2319.2
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Program: means a management strategy with procedures, projects, schedules, operations, and related activities to achieve a stated goal or objective. See Louisiana Revised Statutes 49:214.2
  • Project: means a physical structure or structures designed and constructed according to the annual plan. See Louisiana Revised Statutes 49:214.2
  • Quorum: The number of legislators that must be present to do business.
  • Selected equipment: means the equipment, as determined by the local governmental entity, which shall be the subject of a lease-purchase contract under the provisions of this Part. See Louisiana Revised Statutes 38:2319.2
  • Selected vendor: means a supplier, manufacturer, retailer, wholesaler, dealer, or other source for selected equipment which has been selected by the local government entity pursuant to state law. See Louisiana Revised Statutes 38:2319.2
  • Sponsoring authority: means the governing authority of any municipal, parish, or other political subdivision submitting an application for funding of a project in the program. See Louisiana Revised Statutes 49:214.2
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Wetlands: means an open water area or an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, but specifically excluding fastlands and lands more than five feet above mean sea level which occur within the designated coastal area of the state. See Louisiana Revised Statutes 49:214.2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.