Sections
Part 1 Legislative Intent and Policy 27:201 – 27:204
Part II General Provisions 27:205 – 27:207
Part III Creation of Corporation, Officers of Corporation 27:210 – 27:212
Part IV Operations of Corporation in General 27:220 – 27:227
Part V General Corporation Gaming Operations 27:230 – 27:239.1
Part VI Land-Based Casino Operating Contract 27:240 – 27:249.1
Part VII Licenses, Fees, and Registration 27:250 – 27:252
Part VIII Appeals, Judicial Review, and Miscellaneous Provisions 27:256 – 27:259
Part IX Prohibitions, Exclusions, and Gaming Offenses 27:260 – 27:269
Part X Revenues From Casino Gaming Operations 27:270
Part XI Protection of Security Interest Holders 27:275 – 27:286

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Terms Used In Louisiana Revised Statutes > Title 27 > Chapter 5 - The Louisiana Economic Development and Gaming Corporation Law

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Addictive disorder: is a primary, chronic neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. See Louisiana Revised Statutes 28:2
  • Adjudicated property: means a residential housing property on which taxes were due and which has been sold in accordance with law without appraisement following advertisement in the official journal of the local governmental subdivision and for which a tax deed by the local governmental subdivision's tax collector has been issued that constitutes prima facie evidence that a valid sale was made. See Louisiana Revised Statutes 40:600.33
  • Administrative costs: means costs incurred by the Louisiana Department of Health, office of public health in the administration of the program, including but not limited to:

                (a) Program startup costs. See Louisiana Revised Statutes 40:2822

  • administrator: means a person in charge of a treatment facility or his deputy. See Louisiana Revised Statutes 28:221
  • administrator: means a person in charge of a treatment facility or his deputy. See Louisiana Revised Statutes 28:2
  • advance directive: means a written document voluntarily executed by a principal in accordance with the requirements of this Part and includes a declaration or the appointment of a representative or both. See Louisiana Revised Statutes 28:221
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means the state of Louisiana, its municipalities or parishes, or the agencies of any of them, including particularly, but not exclusively, the Department of Transportation and Development. See Louisiana Revised Statutes 38:3101
  • Allegation: something that someone says happened.
  • Alternate plan: means a renovation or rehabilitation plan for either a residential housing property below minimum habitability standards or a blighted housing property prepared by the owner or other secured party that preserves the historic integrity of the residential building and restores such property to minimum habitability standards as evidenced by (a) a physical condition assessment identifying components of the blighted housing property requiring repair, replacement, or improvement to restore the property to minimum habitability standards in a cost-effective manner, (b) an estimate and certificate of costs executed by the owner or other secured party, including a schedule of values executed by a contractor committed to complete the repairs, replacements, or improvements identified in the physical condition assessment within the estimate of costs, (c) evidence of funding commitments from government or commercial lenders sufficient to finance all costs identified in the estimate and certificate of costs, (d) a timetable evidencing the time frame within which the rehabilitation plan may be completed which shall include a date certain by which the rehabilitation will be completed, and (e) a detailed financial feasibility analysis, including documentation of the economic feasibility of the proposed reuse if the residential housing property is not to be occupied as the principal residence of the owner, including operating budgets or resale prices, or both, as appropriate. See Louisiana Revised Statutes 40:600.33
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Applicant: means any person who has submitted an application or bid to the corporation for a permit, license, or contract under the provisions of this Chapter. See Louisiana Revised Statutes 27:205
  • Application: means the documentation and forms submitted by a person, on a form provided by the corporation, requesting issuance of a permit, license, or a proposed contract. See Louisiana Revised Statutes 27:205
  • Appraisal: A determination of property value.
  • 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
  • Approving resolution: means a resolution adopted by the governing authority of a local governmental subdivision following an administrative hearing at which the owner and secured parties were provided notice and each given an opportunity to show cause why a rehabilitation plan for the residential housing property should not be prepared and implemented and which resolution determines that (a) the residential housing property is confirmed to be a blighted housing property and (b) the owner and secured parties either failed to submit an acceptable alternate plan or submitted an unacceptable alternate plan. See Louisiana Revised Statutes 40:600.33
  • Arrest: Taking physical custody of a person by lawful authority.
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized agent: means an employee of the department designated by the state health officer to enforce the provisions of this Chapter. See Louisiana Revised Statutes 40:2703
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Behavioral health: is a term used to refer to both mental health and substance use. See Louisiana Revised Statutes 28:2
  • Behavioral health treatment: means treatment of mental illness with psychotropic medication, admission to and retention in a treatment facility, or outpatient services. See Louisiana Revised Statutes 28:221
  • 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
  • Bequest: Property gifted by will.
  • Blighted housing property: means (a) any residential housing property for which environmental remediation is required by state law, rule, or regulation and  the condition of which is found or declared by the public officer to be harmful to the health or welfare, including the economic welfare, of the residents of the local governmental subdivision wherein the residential property is located, (b) any residential housing property that, as of the effective date of this Chapter, had been determined to be a blighted property or an adjudicated property by the local governmental subdivision, (c) any residential housing property that (i) is offered by a party in interest for inclusion on a blighted housing properties list and (ii) the current condition of which is declared by the local governmental subdivision to be below minimum habitability standards and unfit for human habitation, occupancy, or use, or (d) any residential housing property that (i) has not been legally occupied for eighteen months prior to the time a public officer makes a determination that the property has been vacant for such eighteen-month period and (ii) has been determined to be a public nuisance by the local governmental subdivision, except no residential housing property in an area impacted by Hurricane Katrina or Hurricane Rita which was occupied as of August 28, 2005, shall be included if the owner is eligible for and receives assistance under the Road Home Housing Program. See Louisiana Revised Statutes 40:600.33
  • Blighted housing property list: means a list prepared and periodically updated by a designated public official that identifies blighted housing properties in the jurisdiction of the local governmental subdivision. See Louisiana Revised Statutes 40:600.33
  • Board: means the board of directors of the corporation. See Louisiana Revised Statutes 27:205
  • board of commissioners: means the governing board of the district or, if such board has been abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given to the board by this Subpart have been given by law. See Louisiana Revised Statutes 33:2740.73
  • Board of trustees: means and includes the members of the board of trustees of the retirement system. See Louisiana Revised Statutes 11:951.1
  • Bond: includes "certificate" and the provisions which are applicable to bonds are equally applicable to certificates. See Louisiana Revised Statutes 33:2740.73
  • Business: means any lawful activity, excepting a farm operation, conducted primarily--

    (a)  for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;

    (b)  for the sale of services to the public;

    (c)  by a nonprofit organization; or

    (d)  solely for the purpose of La. See Louisiana Revised Statutes 38:3101

  • Capital recovery payment: means a monthly payment to a local governmental subdivision or qualified rehabilitation entity after completion of the rehabilitation or renovation of the residential housing property based upon the amount of any costs incurred by the local governmental subdivision or qualified entity, including any new funds for reserves, repairs, transaction costs, or similar property costs. See Louisiana Revised Statutes 40:600.33
  • Capitalization grant: means the assistance agreement by which the United States Environmental Protection Agency obligates and awards funds allotted to the state for the purposes of capitalizing the Drinking Water Revolving Loan Fund as well as any other monies for other purposes authorized by the federal act. See Louisiana Revised Statutes 40:2822
  • Casino gaming operations: means any gaming operations offered or conducted at or in the official gaming establishment. See Louisiana Revised Statutes 27:205
  • Casino operating contract: means a contract let or bid by the corporation, in accordance with the provisions of this Chapter, authorizing a casino operator to conduct casino gaming operations at the official gaming establishment for the benefit of the state and the casino gaming operator. See Louisiana Revised Statutes 27:205
  • casino operator: means any person who enters into a casino operating contract with the corporation requiring that person to conduct casino gaming operations according to the provisions of this Chapter. See Louisiana Revised Statutes 27:205
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Client: refers to a recipient of services who has been charged with or convicted of a crime and who requires special protection and restraint in a forensic treatment facility. See Louisiana Revised Statutes 28:2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means any individual who is provided access to a tanning facility which is required to be registered pursuant to provisions of this Chapter. See Louisiana Revised Statutes 40:2703
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: means the Louisiana Economic Development and Gaming Corporation, which except as specifically provided in this Chapter shall be a special corporation operated for a public purpose, the ownership interest of which is vested in the state. See Louisiana Revised Statutes 27:205
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cost: when used with reference to any project, includes but is not limited to:

    (a)  The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction. See Louisiana Revised Statutes 33:2740.73

  • Cost: means , with reference to a project, all capital costs incurred or to be incurred for a public water system, including but not limited to:

                (a) Engineering, financing, and other fees. See Louisiana Revised Statutes 40:2822

  • Cost-effective manner: means the rehabilitation costs of a blighted housing property is less than fifty percent of the replacement costs of such property unless the blighted housing property has historic significance that must be preserved. See Louisiana Revised Statutes 40:600.33
  • Court: means the district court, city court, parish court, or municipal court with jurisdiction for the local governmental subdivision in which the blighted housing property is located. See Louisiana Revised Statutes 40:600.33
  • Court: means any duly constituted district court or court having family or juvenile jurisdiction. See Louisiana Revised Statutes 28:2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dangerous to self: means the condition of a person whose behavior, significant threats or inaction supports a reasonable expectation that there is a substantial risk that he will inflict physical or sever emotional harm upon his own person. See Louisiana Revised Statutes 28:2
  • Decedent: A deceased person.
  • declaration: means a written document executed by a principal, in accordance with the requirements of this Part, setting forth preferences or instructions regarding behavioral health treatment in the event the principal is determined to be incapable and behavioral health treatment is necessary. See Louisiana Revised Statutes 28:221
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2703
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:2
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated official: means the chief executive officer of the local governmental subdivision or such other person designated to act on behalf of such chief executive officer by the local governmental subdivision. See Louisiana Revised Statutes 40:600.33
  • Devise: To gift property by will.
  • Diagnosis: means the art and science of determining the presence of disease in an individual and distinguishing one disease from another. See Louisiana Revised Statutes 28:2
  • Disadvantaged community: means the service area of a public water system wherein the system's existing or projected rates for water service do not meet affordability criteria established under the Intended Use Plan of the Louisiana Department of Health, office of public health. See Louisiana Revised Statutes 40:2822
  • Discharge: means the full or conditional release from a treatment facility of any person admitted or otherwise detained under this Chapter. See Louisiana Revised Statutes 28:2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Displaced person: means

    (a)  any person who, on or after the effective date of this chapter, moves from real property, or moves his personal property from real property, as a result of the acquisition of such real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by an agency; and solely for the purposes of La. See Louisiana Revised Statutes 38:3101

  • district: means a special district as provided in La. See Louisiana Revised Statutes 33:2740.73
  • District manager: means the manager of the district. See Louisiana Revised Statutes 33:2740.73
  • Division of administration: means the division of administration created within the office of the governor by Title 39 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 40:600.62
  • Drinking Water Revolving Loan Fund: means the revolving loan fund established under this Chapter pursuant to the authority of the federal act. See Louisiana Revised Statutes 40:2822
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • Environmental review: means an environmental review process conducted by the Louisiana Department of Health of any public water system that has applied for or has received a loan or other assistance from the program. See Louisiana Revised Statutes 40:2822
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Farm operation: shall mean any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Louisiana Revised Statutes 38:3101
  • Federal act: means the federal Safe Drinking Water Act (42 U. See Louisiana Revised Statutes 40:2822
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Game: means any banking or percentage game located exclusively within an official gaming establishment which is played with cards, dice, or any electronic, electrical, or mechanical device or machine for money, property, or any thing of value. See Louisiana Revised Statutes 27:205
  • gaming activities: means the offering or conducting of any game or gaming device in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 27:205
  • Gaming device: means any equipment or mechanical, electromechanical, or electronic contrivance, component, or machine used directly or indirectly in connection with gaming or any game which affects the result of a wager by determining win or loss. See Louisiana Revised Statutes 27:205
  • Gaming operator: means a person licensed by the corporation or authorized by contract with the corporation to conduct gaming operations or gaming activities in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 27:205
  • Gaming supplies: means all materials and supplies other than gaming devices which the corporation finds or determines to be used or expended in gaming operations or activities. See Louisiana Revised Statutes 27:205
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing authority: means the body which exercises the legislative functions of the local governmental subdivision. See Louisiana Revised Statutes 40:600.33
  • Governmental agency: means the state, its political subdivisions, or any agency thereof, Indian tribes, and combinations of governmental entities, which have the authority to own, construct, or operate a public water system or a wastewater treatment facility and other related activities. See Louisiana Revised Statutes 40:2822
  • Gravely disabled: means the condition of a person who is unable to provide for his own basic physical needs, such as essential food, clothing, medical care, or shelter, as a result of serious mental illness or a substance-related or addictive disorder and is unable to survive safely in freedom or protect himself from serious physical harm or significant psychiatric deterioration. See Louisiana Revised Statutes 28:2
  • Gross revenue: means the total of all value received by the casino gaming operator from gaming operations, including cash, checks, vouchers, instruments and anything received in payment for credit extended to a patron for purposes of gaming, and compensation received for conducting any game in which the casino gaming operator is not party to a wager, less the total of all value or amounts paid out as winnings to patrons and credit instruments or checks which are uncollected as determined by rule of the corporation and five million dollars annually directly attributable to promotional play wagers. See Louisiana Revised Statutes 27:205
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearing officer: means an officer of the local governmental subdivision appropriately qualified to carry out the responsibilities of hearing appeals and who does not report to the public officer. See Louisiana Revised Statutes 40:600.33
  • Incapable: means that, due to any infirmity, the principal is currently unable to make or to communicate reasoned decisions regarding the principal's behavioral health treatment. See Louisiana Revised Statutes 28:221
  • Indian tribe: means an Indian tribe having a federally recognized governing body carrying out substantial governmental duties and powers over any area within the state. See Louisiana Revised Statutes 40:2822
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual: means any human being. See Louisiana Revised Statutes 40:2703
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intended Use Plan: means a document which describes how the state intends to use the federal capitalization grant funds, state matching funds, principal repayments, interest earnings, and any other monies associated with the Drinking Water Revolving Loan Fund Program during each year in order to meet the objectives of the federal act and further the goal of protecting public health. See Louisiana Revised Statutes 40:2822
  • Interest holder: means a secured party within the meaning of La. See Louisiana Revised Statutes 40:2601
  • 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
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • investigate: means an investigation initiated by and conducted by the corporation or its designated agents. See Louisiana Revised Statutes 27:205
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Landowner: means the owner of immovable property as it appears in the official records of the parish, including a trustee, a private corporation, and an owner of a condominium unit. See Louisiana Revised Statutes 33:2740.73
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Legacy: A gift of property made by will.
  • Legal guardian: means a person judicially or statutorily designated with the duty and authority to make decisions in matters having a permanent effect on the life and development of the individual on whose behalf the guardianship is established. See Louisiana Revised Statutes 28:2
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means an authorization issued to a person by or in the name of the corporation to engage in or assist gaming operations or activities regulated by this Chapter. See Louisiana Revised Statutes 27:205
  • Licensee: means any employee, agent, person, or entity who is required to be issued a license under this Chapter or under the rules and regulations of the corporation. See Louisiana Revised Statutes 27:205
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means a loan of money from the Drinking Water Revolving Loan Fund for eligible project costs. See Louisiana Revised Statutes 40:2822
  • Local governing entity: means an integrated human services delivery system with local accountability and management and which provides behavioral health and developmental disabilities services through local human services districts and authorities. See Louisiana Revised Statutes 28:2
  • Local governmental subdivision: means any parish or municipality. See Louisiana Revised Statutes 40:600.33
  • Major procurement: means the purchase or acquisition of any item, product, or service in the amount of one hundred thousand dollars or more. See Louisiana Revised Statutes 27:205
  • Manufacturer: means any person who manufactures or assembles programs or slot machines or other gaming devices for sale or use in this state. See Louisiana Revised Statutes 27:205
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Medical board: means the board of physicians provided for in this Part. See Louisiana Revised Statutes 11:951.1
  • Medical psychologist: means a psychologist who has undergone specialized training in clinical psychopharmacology and has passed a national proficiency examination in psychopharmacology approved by the Louisiana State Board of Medical Examiners and who holds a current and valid license from the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 28:2
  • member: means a member of the board of directors of the corporation. See Louisiana Revised Statutes 27:205
  • Member: means any teacher included in the membership of the system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:701
  • Mental health advocacy service: means a service established by the state of Louisiana for the purpose of providing legal counsel and representation for persons with mental illness or substance-related or addictive disorders and for ensuring that the legal rights of those persons are protected. See Louisiana Revised Statutes 28:2
  • Minimum habitability standards: means the minimum property standards requirements set forth by the United States Department of Housing and Urban Development (HUD) in 24 C. See Louisiana Revised Statutes 40:600.33
  • Minor: means a person under eighteen years of age. See Louisiana Revised Statutes 28:2
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Municipality: means an incorporated city, town, or village as defined in Article VI, Section 44(3) of the Constitution of Louisiana of 1974. See Louisiana Revised Statutes 40:600.33
  • Net gaming proceeds: means gross revenue less the total amount or value paid out to winning patrons or players and uncollected checks and credit instruments if accepted in compliance with corporation rules. See Louisiana Revised Statutes 27:205
  • Net proceeds: means the funds raised from the sale of bonds minus issuance costs, which costs include but are not limited to the underwriting discount, printing of disclosure documents' bond certificates, and the fees of the underwriter's legal counsel, bond counsel, financial advisor, rating agency, and trustee banks. See Louisiana Revised Statutes 40:2822
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Non-community water system: means a public water system that serves persons in a nonresidential setting. See Louisiana Revised Statutes 40:2822
  • Oath: A promise to tell the truth.
  • 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.
  • Official gaming establishment: means the building or facility described in La. See Louisiana Revised Statutes 27:205
  • Operator: means any individual designated by the registrant to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment. See Louisiana Revised Statutes 40:2703
  • Outpatient services: means treatment for a mental illness or a substance-related or addictive disorder that is obtained on an outpatient basis. See Louisiana Revised Statutes 28:221
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the holder or holders of title to a blighted housing property. See Louisiana Revised Statutes 40:600.33
  • Owner: means a person, other than an interest holder, who has an interest in property and, if required by law, is in compliance with any statute requiring recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value. See Louisiana Revised Statutes 40:2601
  • Parent: means a person who is the biological mother or father of an individual or the legally adoptive mother or father of an individual. See Louisiana Revised Statutes 28:2
  • Participant: means any employee who is entitled to the beneficial provisions of this retirement system. See Louisiana Revised Statutes 11:951.1
  • 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.
  • Party in interest: means (a) any individual, association, and corporation who has an interest of record in a residential housing property and any who has the right to possession of such property, (b) any owner of property adjacent to the residential housing property, or (c) any neighborhood association of property owners recognized by the local governmental subdivision covering an area inclusive of a residential housing property that is below minimum habitability standards. See Louisiana Revised Statutes 40:600.33
  • Patient: means any person detained and taken care of as a person who has a mental illness or person who is suffering from a substance-related or addictive disorder. See Louisiana Revised Statutes 28:2
  • Pension: means annual payments for life, payable in equal monthly installments, derived from money provided by the Orleans Parish School Board and other amounts accumulated in the pension accumulation account as provided for in this Part. See Louisiana Revised Statutes 11:951.1
  • Person: means any individual, partnership, association, joint stock association or trust, corporation, or other business entity whether incorporated or not. See Louisiana Revised Statutes 27:205
  • Person: means any individual, partnership, corporation or association. See Louisiana Revised Statutes 38:3101
  • Personal property: All property that is not real property.
  • Persons: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of these entities. See Louisiana Revised Statutes 40:2703
  • Petition: means a written civil complaint filed by a person of legal age alleging that a person has a mental illness or is suffering from a substance-related or addictive disorder and requires judicial commitment to a treatment facility. See Louisiana Revised Statutes 28:2
  • Phototherapy device: means a piece of equipment that emits ultraviolet radiation and is used by a licensed health care professional in the treatment of disease. See Louisiana Revised Statutes 40:2703
  • Physician: means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 28:221
  • Physician: means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners in active practice or an individual in a post-graduate medical training program of an accredited medical school in Louisiana or a medical officer similarly qualified by the government of the United States while in the state in the performance of his official duties. See Louisiana Revised Statutes 28:2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: means any development, improvement, property, utility, facility, works, enterprise, or service hereafter undertaken or established under the provisions of this Subpart. See Louisiana Revised Statutes 33:2740.73
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • President: means the president of the corporation. See Louisiana Revised Statutes 27:205
  • Principal: means an individual who has executed an advance directive for behavioral health treatment. See Louisiana Revised Statutes 28:221
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeds: means property derived directly or indirectly from, maintained by, or realized through, an act or omission and includes any benefit, interest or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose. See Louisiana Revised Statutes 40:2601
  • Program: means the Drinking Water Revolving Loan Fund Program as established by this Chapter. See Louisiana Revised Statutes 40:2822
  • Project: means improvements or activities to be undertaken by a public water system which:

                (a) Are of a type that will facilitate compliance with state drinking water regulations which are no less stringent than any federal drinking water regulations adopted pursuant to the federal act. See Louisiana Revised Statutes 40:2822

  • Promotional play wagers: means wagers placed by patrons using noncashable vouchers, promotional chips, coupons, electronic credits, electronic promotions, scrips, or any other cash equivalent that is provided to the patron by the casino gaming operator. See Louisiana Revised Statutes 27:205
  • Property: means anything of value, including movables and immovables, including the whole of any lot or tract of land and corporeal and incorporeal movable property, including currency, instruments, or securities, or any other kind of privilege, claim, or right and includes any interest therein. See Louisiana Revised Statutes 40:2601
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider: means a behavioral health treatment provider. See Louisiana Revised Statutes 28:221
  • Psychiatric mental health nurse practitioner: means an advanced practice registered nurse licensed to practice as a nurse practitioner or clinical nurse specialist by the Louisiana State Board of Nursing, in accordance with the provisions of La. See Louisiana Revised Statutes 28:2
  • Psychiatrist: means a physician who has at least three years of formal training or primary experience in the diagnosis and treatment of mental illness. See Louisiana Revised Statutes 28:2
  • Psychologist: means a clinical or medical psychologist who is licensed to practice psychology in Louisiana. See Louisiana Revised Statutes 28:221
  • Psychologist: means an individual licensed to practice psychology in Louisiana in accordance with La. See Louisiana Revised Statutes 28:2
  • Public officer: means an officer of the local governmental subdivision appropriately qualified to carry out the responsibilities of inspecting housing properties to determine whether such properties comply with state and local building codes and local health and safety codes and designated by resolution of the governing body of the local governmental subdivision in which the housing property is located. See Louisiana Revised Statutes 40:600.33
  • Public water system: means a system for the provision to the public of water for potable purposes, through pipes or other constructed conveyances, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily for at least sixty days out of the year. See Louisiana Revised Statutes 40:2822
  • Qualified rehabilitation entity: means any person or entity designated by the local governmental subdivision or the state housing agency on the basis of having demonstrated knowledge and substantial experience in the construction or rehabilitation of residential housing properties, the provision of affordable housing, the restoration of blighted property, the revitalization and improvement of neighborhoods and that is well qualified by virtue of its staff, professional consultants, financial resources, and prior activities to carry out the rehabilitation of blighted residential housing properties. See Louisiana Revised Statutes 40:600.33
  • Quorum: The number of legislators that must be present to do business.
  • Racehorse wagering: means wagers placed on horse racing conducted under the pari-mutuel form of wagering at licensed racing facilities that are accepted by a licensed racehorse wagering operator in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 27:205
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receiver: means either the local governmental subdivision, secured party, or a qualified rehabilitation entity approved by the court. See Louisiana Revised Statutes 40:600.33
  • Receivership: means the judicially established framework for real property interest which is created by the court with respect to a blighted housing property pursuant to which a receiver is designated to preserve, rehabilitate, restore, and operate the blighted housing property. See Louisiana Revised Statutes 40:600.33
  • Receivership term: means the period of time established by the court commencing as of the date that the receivership is established and ending not earlier than the date required by the receiver to collect all capital recovery payments and not later than the date the owner is approved by the court to take possession and use of the property. See Louisiana Revised Statutes 40:600.33
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registrant: means any person who is registered with the department as required by provisions of this Chapter. See Louisiana Revised Statutes 40:2703
  • Registration: means registration with the department in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 40:2703
  • Regular interest: means interest compounded annually at such rate as shall be determined by the board of trustees. See Louisiana Revised Statutes 11:951.1
  • Rehabilitation plan: means (a) a renovation or rehabilitation plan for a blighted housing property approved by the local governmental subdivision that is consistent with any neighborhood redevelopment strategy, preserves the historic integrity of the residential housing property and restores such property to minimum habitability standards based upon (i) a physical condition assessment identifying components of the blighted housing property requiring repair, replacement, or improvement to restore the property to minimum habitability standards in a cost- effective manner, (ii) an estimate and certificate of costs executed by a public officer, including a schedule of values executed by a contractor committed to complete the repairs, replacements, or improvements identified in the physical condition assessment within the estimate of costs, (iii) evidence of funding commitments from government or commercial lenders sufficient to finance all costs identified in the estimate and certificate of costs, and (iv) a tentative timetable evidencing the time frame within which the rehabilitation plan may be completed, (b) an operating budget, including any required or permitted capital recovery payment, and (c) a receivership term. See Louisiana Revised Statutes 40:600.33
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Replacement costs: means the costs of constructing a housing unit of the same size and with the same features on the sight of the blighted housing property. See Louisiana Revised Statutes 40:600.33
  • Representative: means a competent adult validly appointed under La. See Louisiana Revised Statutes 28:221
  • Respondent: means a person alleged to have a mental illness or be suffering from a substance-related or addictive disorder and for whom an application for commitment to a treatment facility has been filed. See Louisiana Revised Statutes 28:2
  • Restraint: means the partial or total immobilization of any or all of the extremities or the torso by mechanical means for psychiatric indications. See Louisiana Revised Statutes 28:2
  • Retirement: means withdrawal from active service with a retirement allowance allowable under the provisions of this Part. See Louisiana Revised Statutes 11:951.1
  • Retirement system: means the corporation known as the Orleans Parish School Employees' Retirement System established in La. See Louisiana Revised Statutes 11:951.1
  • Revenue bonds: means obligations of the district which are payable from revenues derived from sources other than ad valorem taxes on immovable or movable property and which do not pledge the property, credit, or general tax revenue of the district. See Louisiana Revised Statutes 33:2740.73
  • Road Home Corporation: means the nonprofit corporation authorized to be formed by this Chapter, or any corporation succeeding to the principal functions thereof or to which the powers conferred upon the corporation by this Chapter shall be given by law. See Louisiana Revised Statutes 40:600.62
  • Seclusion: means the involuntary confinement of a patient alone in a room where the patient is physically prevented from leaving for any period of time, except that seclusion does not include the placement of a patient alone in a room or other area for no more than thirty minutes at a time and no more than three hours in any twenty-four-hour period pursuant to behavior-shaping techniques, such as "time-out". See Louisiana Revised Statutes 28:2
  • Secured party: means any lienholder, mortgagee, or other secured party with an interest in the blighted housing property that is recorded in the local governmental subdivision's mortgage, conveyance, or clerk of court records or the secretary of state's records. See Louisiana Revised Statutes 40:600.33
  • Security: means the protection of information that would or could provide an unfair advantage to any individual involved in the operation of the casino gaming; protection and preservation of the integrity of casino gaming games and operations; as well as measures taken to prevent crimes against a gaming operator or the corporation. See Louisiana Revised Statutes 27:205
  • Seizure for forfeiture: means seizure of property by a law enforcement officer designated by the district attorney accompanied by a written assertion by the seizing agency or by a district attorney that the property is seized for forfeiture. See Louisiana Revised Statutes 40:2601
  • Service: means service rendered by an employee as herein defined. See Louisiana Revised Statutes 11:951.1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Set-asides: means use of a portion of the state's allotted capitalization grant funds for various project and non-project activities as authorized under the federal act. See Louisiana Revised Statutes 40:2822
  • Slot machine: means any mechanical, electrical, or other device, contrivance, or machine which, upon insertion of a coin, token, or similar object therein or upon payment of any consideration whatsoever, is available to play or, operate the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens, or any thing of value, whether the payoff is made automatically from the machine or in any other manner. See Louisiana Revised Statutes 27:205
  • State: means the state of Louisiana or any agency or instrumentality thereof. See Louisiana Revised Statutes 40:600.62
  • State health officer: means the employee of the department who is the chief health care official of the state as provided for in La. See Louisiana Revised Statutes 40:2703
  • State housing agency: means the Louisiana Housing Corporation, a public body corporate and politic constituting a political subdivision and instrumentality of the state of Louisiana, created and organized pursuant to and in accordance with the provisions of Chapter 3-A of Title 40 of the Louisiana Revised Statutes of 1950, as amended. See Louisiana Revised Statutes 40:600.33
  • State psychiatric hospital: means a public, state-owned and operated inpatient facility for the treatment of mental illness and substance-related and addictive disorders. See Louisiana Revised Statutes 28:2
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Tanning equipment: means ultraviolet or other lamps and equipment containing such lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation. See Louisiana Revised Statutes 40:2703
  • Tanning facility: means any location, place, area, structure, or business which provides consumers access to tanning equipment. See Louisiana Revised Statutes 40:2703
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means the removal of a patient from one mental institution to another without any procedure for admission other than is prescribed by the department. See Louisiana Revised Statutes 28:2
  • Treating physician: means the physician who has primary responsibility for the behavioral health treatment of the principal. See Louisiana Revised Statutes 28:221
  • Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Revised Statutes 28:2
  • Treatment facility: includes but is not limited to the following, and shall be selected with consideration of first, medical suitability; second, least restriction of the person's liberty; third, nearness to the patient's usual residence; fourth, financial or other status of the patient; and fifth, patient's expressed preference, except that such considerations shall not apply to forensic facilities:

                (i) Public and private behavioral health services providers licensed pursuant to La. See Louisiana Revised Statutes 28:2

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Ultraviolet radiation: means electromagnetic radiation with wavelengths in air between two hundred nanometers and four hundred nanometers. See Louisiana Revised Statutes 40:2703
  • Vendor: means any person who has entered into a major procurement contract with the corporation. See Louisiana Revised Statutes 27:205
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.