Terms Used In Louisiana Revised Statutes > Title 10 > Chapter 4-A - Funds Transfers

• Accumulated contributions: means the sum of all amounts deducted from a member's compensation and credited to his individual account in the annuity savings fund. See Louisiana Revised Statutes 11:1732
• Accumulated contributions: means the sum of all amounts deducted from a member's compensation and credited to his individual account in the annuity savings fund. See Louisiana Revised Statutes 11:1902
• Accumulated employee contributions: means the sum of all amounts deducted from a member's salary and paid to the fund. See Louisiana Revised Statutes 11:1503
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Actuarial equivalent: shall mean a benefit of equal value when computed upon the basis of such mortality and interest tables as shall be adopted by the board of trustees. See Louisiana Revised Statutes 11:1732
• Actuarial equivalent: shall mean a benefit of equivalent value to the accumulated contributions, annuity, or benefits, as the case may be, computed on the basis of such mortality and interest tables as shall be adopted by the board of trustees in accordance with the provisions of La. See Louisiana Revised Statutes 11:1902
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adjusted service date: means the service date adjusted by the amount of any creditable service other than membership service, or for any periods of interrupted service, and from which all creditable service shall be calculated. See Louisiana Revised Statutes 11:1902
• 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: as used in this Chapter shall have the same meaning ascribed to it as provided in La. See Louisiana Revised Statutes 39:1556
• Aggrieved person: means a person who was party to any intercepted wire or oral communication or a person against whom the interception was directed. See Louisiana Revised Statutes 15:1302
• Agreement: means the document of participation between a participating employer and the board, that sets forth the requirements and procedures for covering the employees of such participating employer under this system. See Louisiana Revised Statutes 11:1902
• Agreement date: means the date as of which the provisions of this Chapter first become applicable to an employer. See Louisiana Revised Statutes 11:1902
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Annuity reserve fund: means the fund in which shall be held the reserves for liabilities of retirees and beneficiaries. See Louisiana Revised Statutes 11:1732
• Annuity reserve fund: means the fund in which shall be held the reserves for liabilities or retirees and beneficiaries. See Louisiana Revised Statutes 11:1902
• Annuity savings fund: means the fund to which all accumulated contributions of members are credited. See Louisiana Revised Statutes 11:1732
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Applicant: means a person or place of business that makes a formal application for a license, permit, certification, registration, or certificate issued pursuant to this Title. See Louisiana Revised Statutes 3:1
• articles of incorporation: as used in this Part shall be deemed to include the articles of conversion of a converted corporation. See Louisiana Revised Statutes 12:416
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• 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.
• Beneficiary: means the person designated in writing by a member to receive any benefits to which he may be entitled under this Chapter. See Louisiana Revised Statutes 11:1902
• Board: means the board of trustees of the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
• board of trustees: means the board of trustees of this system. See Louisiana Revised Statutes 11:1732
• board of trustees: means the board of trustees of this system. See Louisiana Revised Statutes 11:1902
• Boll weevil: means any Anthonomus grandis Boheman in any stage of development. See Louisiana Revised Statutes 3:1603
• Business: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted. See Louisiana Revised Statutes 39:1556
• Cellular tracking device: means a device that transmits or receives radio waves to or from a communications device in a manner that interferes with the normal functioning of the communications device or communications network and that can be used to intercept, collect, access, transfer, or forward the data transmitted or received by the communications device, or stored on the communications device; includes an international mobile subscriber identity (IMSI) catcher or other cell phone or telephone surveillance or eavesdropping device that mimics a cellular base station and transmits radio waves that cause cell phones or other communications devices in the area to transmit or receive radio waves, electronic data, location data, information used to calculate location, identifying information, communications content, or metadata, or otherwise obtains this information through passive means, such as through the use of a digital analyzer or other passive interception device; and does not include any device used or installed by an electric utility solely to the extent such device is used by that utility to measure electrical usage, to provide services to customers, or to operate the electric grid. See Louisiana Revised Statutes 15:1302
• Central purchasing agency: means the office of state procurement. See Louisiana Revised Statutes 39:1556
• Certificate: means a certificate of competency issued by the state health officer stating that the operator has met the requirements for the specified operator classification as defined by the state health officer under La. See Louisiana Revised Statutes 40:1281.1
• Certificate: means a document issued or authorized by the commissioner indicating that a regulated article is not contaminated with boll weevils. See Louisiana Revised Statutes 3:1603
• Change order: means a written order signed by the procurement officer, directing the contractor to make changes which the contract authorizes the procurement officer to order without the consent of the contractor. See Louisiana Revised Statutes 39:1556
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief procurement officer: means the person holding the position created in La. See Louisiana Revised Statutes 39:1556
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the Louisiana Boll Weevil Eradication Commission established in this Part. See Louisiana Revised Statutes 3:1603
• Commissioner: means the commissioner of agriculture and forestry or his duly authorized representative acting at his direction. See Louisiana Revised Statutes 3:3112
• Commissioner: means the commissioner of the Department of Agriculture and Forestry, or his duly authorized designee. See Louisiana Revised Statutes 3:1603
• Committee: means the committee of certification. See Louisiana Revised Statutes 40:1281.1
• Communications common carrier: means any person engaged as a common carrier for hire in communication by wire, radio, or electronic communications; however, a person engaged in commercial radio broadcasting which is supervised by the Federal Communications Commission shall not, insofar as such person is so engaged, be deemed a common carrier. See Louisiana Revised Statutes 15:1302
• Competitive negotiation: means to negotiate for a contract through a request for proposals process or any other similar competitive selection process. See Louisiana Revised Statutes 39:1556
• Competitive sealed bidding: means the receipt of bids protected from inspection prior to bid opening. See Louisiana Revised Statutes 39:1556
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contents: when used with respect to any wire, electronic, or oral communication includes any information concerning the substance, purport, or meaning of that communication. See Louisiana Revised Statutes 15:1302
• Contract: means all types of state agreements, regardless of what they may be called, including orders and documents purporting to represent grants, which are for the purchase or disposal of supplies, services, major repairs, or any other item. See Louisiana Revised Statutes 39:1556
• Contract modification: means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. See Louisiana Revised Statutes 39:1556
• Contractor: means any person having a contract with a governmental body. See Louisiana Revised Statutes 39:1556
• Cooperative: means a corporation organized under this Part and a corporation which becomes subject to this Part in the manner hereinafter provided. See Louisiana Revised Statutes 12:402
• Cotton: means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle. See Louisiana Revised Statutes 3:1603
• Cotton producer: means any person who is actively and directly engaged in the production, planting, growing, or farming of cotton for market, or otherwise actively causing cotton to be produced for market. See Louisiana Revised Statutes 3:1603
• Court of competent jurisdiction: means state district courts of general criminal jurisdiction and those courts exercising appellate jurisdiction thereof. See Louisiana Revised Statutes 15:1302
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• Creditable service: means all periods of time for which credit is allowed towards any benefits of this Chapter. See Louisiana Revised Statutes 11:1902
• Data: means recorded information, regardless of form or characteristic. See Louisiana Revised Statutes 39:1556
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:3112
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1250.3
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1248.1
• Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1603
• Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
• 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 beneficiary: means the person most recently designated in writing by a member to receive any benefits to which he may be entitled. See Louisiana Revised Statutes 11:1503
• Designee: means a duly authorized representative of a person holding a superior position. See Louisiana Revised Statutes 39:1556
• Disability: means a condition which in the determination of the board renders an employee permanently and totally disabled, by bodily injury or disease, leaving him incapable of any employment, provided that such condition is not, directly or indirectly, the result of military service, engaging in a felonious criminal enterprise, habitual drunkenness or use of narcotics, intentionally self-inflicted injury, or declared war or enemy action. See Louisiana Revised Statutes 11:1732
• Disability: means a condition which in the determination of the board renders an employee permanently and totally disabled, by bodily injury or disease, from performing the duties and responsibilities of his position; provided, however, that such condition is not, directly or indirectly, the result of military service, engaging in a felonious criminal enterprise, habitual drunkenness or use of narcotics, intentionally self-inflicted injury, or declared war or enemy action. See Louisiana Revised Statutes 11:1902
• Docket: A log containing brief entries of court proceedings.
• Earnings: means the full amount of compensation earned by a member for service rendered as an employee, excluding bonuses or fees in excess of regular salary or retainer, overtime pay, or payments relative to termination of employment including but not limited to accrued sick or annual leave and severance pay. See Louisiana Revised Statutes 11:1732
• Earnings: shall mean the full rate of compensation paid to the member (employee); however, in computing the earnings of an employee for retirement purposes, the amount of overtime earnings to be used in the computation of earnings cannot exceed the average amount of overtime earnings received for the six-year period immediately preceding retirement. See Louisiana Revised Statutes 11:1902
• Electronic: means electrical, digital, magnetic, optical, electromagnet, or any other similar technology. See Louisiana Revised Statutes 39:1556
• Electronic communication: means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include any of the following:

              (i) Any oral communication. See Louisiana Revised Statutes 15:1302

• Electronic communications service: means any service which provides to users thereof the ability to send or receive wire or electronic communications. See Louisiana Revised Statutes 15:1302
• Employee: means any regular employee of a clerk, minute clerk, and employees of the Louisiana Clerks of Court Association, the Louisiana Clerks' of Court Retirement and Relief Fund, and the Louisiana Clerks of Court Insurance Fund, who works more than an average of twenty hours per week. See Louisiana Revised Statutes 11:1503
• Employee: means a person including an elected official, actively employed by a participating employer on a permanent, regularly scheduled basis of at least an average of thirty-five hours per week. See Louisiana Revised Statutes 11:1732
• Employee: means any person who is employed as a permanent employee of a parish who works at least twenty-eight hours a week and whose compensation is paid wholly or partly by said parish, but excluding all persons employed by a parish or city school board, and all persons eligible for any other public retirement system in this state. See Louisiana Revised Statutes 11:1902
• Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any nonsalaried individual performing personal services for any governmental body. See Louisiana Revised Statutes 39:1556
• Employer: means any parish in the state of Louisiana, except Orleans and East Baton Rouge Parishes, or the police jury or any other governing body of a parish which employs and pays persons serving the parish. See Louisiana Revised Statutes 11:1902
• 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.
• Eradication zone: means any area or areas of the state, designated by the commissioner, where boll weevil eradication programs will be undertaken. See Louisiana Revised Statutes 3:1603
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Established catalog price: means the price included in a catalog, price list, schedule, or other form that:

              (a) Is regularly maintained by a manufacturer or contractor. See Louisiana Revised Statutes 39:1556

• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means any person, firm, partnership, association, or state bank, including a usufructuary, who or which occupies a position of peculiar confidence toward any person, firm, association, partnership, trust, or estate. See Louisiana Revised Statutes 6:201
• Final compensation: means the average monthly earnings during the highest sixty consecutive months or joined months if service was interrupted. See Louisiana Revised Statutes 11:1732
• final compensation: means the average monthly earnings during the sixty highest consecutive months of employment or the sixty highest successive joined months of employment if interruption of service occurred. See Louisiana Revised Statutes 11:1902
• Final salary: means the average monthly earnings of a member during the twelve-month period immediately preceding his death or retirement. See Louisiana Revised Statutes 11:1902
• Fiscal year: shall mean the twelve-month period ending on June 30th of each year. See Louisiana Revised Statutes 11:1732
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fund: means the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental body: means any department, office, division, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch of state government. See Louisiana Revised Statutes 39:1556
• Governmental entity: means any governmental unit which is not included in the definition of "governmental body" in this Section. See Louisiana Revised Statutes 39:1556
• Governmental institutional provider: means either of the following:

              (a) A nonstate governmental hospital, licensed in accordance with the Hospital Licensing Law, La. See Louisiana Revised Statutes 40:1248.1

• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grant: means the furnishing by the state of assistance, whether financial or otherwise, to any person to support a program authorized by law. See Louisiana Revised Statutes 39:1556
• 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.
• Host: means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle. See Louisiana Revised Statutes 3:1603
• in writing: means the product of any method of forming characters on paper, other materials, or viewable screen, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. See Louisiana Revised Statutes 39:1556
• Infested: means actually infested with a boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists. See Louisiana Revised Statutes 3:1603
• Institutional provider: means a nongovernmental hospital licensed in accordance with the Hospital Licensing Law, La. See Louisiana Revised Statutes 40:1248.1
• Intercept: means the aural or other acquisition of the contents of any wire, oral, or electronic communication through the use of any electronic, mechanical, or other device. See Louisiana Revised Statutes 15:1302
• 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}
• Intestate: Dying without leaving a will.
• Investigative or law enforcement officer: means any commissioned state police officer of the Department of Public Safety and Corrections who, in the normal course of his law enforcement duties, is investigating an offense enumerated in this Chapter, and the district attorney authorized by law to prosecute or participate in the prosecution of such offense. See Louisiana Revised Statutes 15:1302
• Invitation for bids: means all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in La. See Louisiana Revised Statutes 39:1556
• Judge: means the senior judge of a judicial district court of the state, any judge of the Orleans Parish Criminal District Court, or a judge designated by a majority vote of the court in writing in advance to consider applications for warrants or orders under this Chapter. See Louisiana Revised Statutes 15:1302
• 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.
• Legatee: A beneficiary of a decedent
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Livestock: means cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation or any such animal. See Louisiana Revised Statutes 3:3002
• Louisiana conference: means the Louisiana Conference on Water Supply, Sewerage and Industrial Wastes. See Louisiana Revised Statutes 40:1281.1
• Major repairs: means those repairs payable with funds appropriated in the general appropriations act, except those funds transferred from the operating budget of one governmental body to supplement and complete a project under contract by the division of administration facility planning and control section. See Louisiana Revised Statutes 39:1556
• Medical board: means the board of physicians which shall arrange for or review medical examinations as required by this Chapter or applicable state laws. See Louisiana Revised Statutes 11:1902
• Member: means a contributing employee who is covered under the provisions of this Chapter. See Louisiana Revised Statutes 11:1732
• Member: means a contributing employee who is covered under the provisions of this Chapter. See Louisiana Revised Statutes 11:1902
• Member: means each incorporator of a cooperative and each person admitted to and retaining membership therein, and shall include a husband and wife admitted to joint membership. See Louisiana Revised Statutes 12:402
• Methodology: means the aggregate of methods, principles, assumptions, variables, factors, and procedures used to determine a reimbursement rate. See Louisiana Revised Statutes 40:1250.3
• Minor child: means a child who is less than the age of eighteen years or who has a physical or mental disability, regardless of age, who is the issue of a marriage of the member or former member, the legally adopted child of a member or former member, the natural child of a female member or former member, or the child of a male member or former member if a court of competent jurisdiction has, during the lifetime of such male member or former member, issued an order of filiation declaring the paternity of such male member for the child. See Louisiana Revised Statutes 11:1503
• Minor child: means an unmarried child under the age of eighteen years who is: the issue of a marriage; the legally adopted child of a member of this system; the natural child of a female member of this system; the child of a male member of this system if a court of competent jurisdiction has made an order of filiation declaring the paternity of such a member for the child or if the father has formally acknowledged the child; or, who had a disability at the time of the member's death and who remains in such disability status. See Louisiana Revised Statutes 11:1902
• Monthly average final compensation: means the average of a member's monthly salary during the highest compensated sixty consecutive months or successive joined months if service was interrupted. See Louisiana Revised Statutes 11:1503
• Negotiation: means the formulation of a contractual relationship through discussions as may be allowed under this Chapter. See Louisiana Revised Statutes 39:1556
• Noncommercial cotton: means any cotton intended for purposes other than processing, including but not limited to cotton planted for ornamental purposes and volunteer cotton. See Louisiana Revised Statutes 3:1603
• Oath: A promise to tell the truth.
• Operator: means the individual, as determined by the committee of certification, in attendance on site of a water supply system or a sewerage system and whose performance, judgment, and direction affects either the safety, sanitary quality, or quantity of water or sewage treated or delivered. See Louisiana Revised Statutes 40:1281.1
• Oral communication: means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication. See Louisiana Revised Statutes 15:1302
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner of livestock: means any person owning or having control of livestock. See Louisiana Revised Statutes 3:3002
• participating employer: shall mean :

              (i) Any incorporated city, town, or village in the state of Louisiana. See Louisiana Revised Statutes 11:1732

• Patient: means a natural person who receives, or should have received, health care from a person covered by this Part, or a donor or prospective donor of an organ or tissue, and any other natural person or persons who would or may have a claim or claims for damages under applicable law arising out of, or directly related to, the claim or claims of the natural person who receives, or should have received, health care from a person covered by this Part. See Louisiana Revised Statutes 40:1237.1
• Paying hospital: means an institutional provider required by the provisions of this Subpart to make a local hospital assessment payment. See Louisiana Revised Statutes 40:1248.1
• Pen register: means a device which records and decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, if the information does not include the contents of the communication. See Louisiana Revised Statutes 15:1302
• Pension accumulation fund: means the fund to which shall be credited all payments to the system, exclusive of those amounts to be credited to the annuity savings and expense funds. See Louisiana Revised Statutes 11:1732
• Performance-based energy efficiency contract: means a contract for energy efficiency services and equipment in which the payment obligation for each year of the contract is either:

              (a) Set as a percentage of the annual energy cost savings attributable to the services or equipment under the contract. See Louisiana Revised Statutes 39:1556

• Permit: means a document issued or authorized by the commissioner to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing. See Louisiana Revised Statutes 3:1603
• Person: includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic. See Louisiana Revised Statutes 12:402
• Person: means any business, individual, union, committee, club, or other organization or group of individuals. See Louisiana Revised Statutes 39:1556
• Person: means any employee or agent of the state or a political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See Louisiana Revised Statutes 15:1302
• Person: means any individual, firm, company, corporation, partnership, society, association, or other business or public entity. See Louisiana Revised Statutes 3:1603
• Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan A: means the revised plan to replace a combination of the regular and supplemental plans, to be effective October 1, 1978, as outlined in Part III of this Chapter. See Louisiana Revised Statutes 11:1732
• Plan A: means the revised plan to replace a combination of the regular and supplemental plans, to be effective January 1, 1980, as outlined in Part III. See Louisiana Revised Statutes 11:1902
• Plan B: means the revised plan to replace the regular plan, to be effective October 1, 1978, as outlined in Part IV of this Chapter. See Louisiana Revised Statutes 11:1732
• Plan B: means the revised plan to replace the regular plan, to be effective January 1, 1980, as outlined in Part IV. See Louisiana Revised Statutes 11:1902
• Plan C: means the plan to be effective July 1, 1997, as outlined in Part IV-A of this Chapter. See Louisiana Revised Statutes 11:1902
• 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.
• Probate: Proving a will
• Procurement: means the buying, purchasing, renting, leasing, or otherwise obtaining any supplies, services, or major repairs. See Louisiana Revised Statutes 39:1556
• Procurement officer: means any person authorized by a governmental body, in accordance with procedures prescribed by regulations, to enter into and administer contracts and make written determinations and findings with respect thereto. See Louisiana Revised Statutes 39:1556
• Professional service: means work rendered by an independent contractor who has a professed knowledge of some department of learning or science used by its practical application to the affairs of others or in the practice of an art founded on it, which independent contractor shall include but not be limited to lawyers, doctors, dentists, psychologists, certified advanced practice nurses, veterinarians, architects, engineers, land surveyors, landscape architects, accountants, actuaries, and claims adjusters. See Louisiana Revised Statutes 39:1556
• Program: means the local healthcare provider participation program authorized by this Subpart. See Louisiana Revised Statutes 40:1248.1
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Provider: means a person, public agency, nonprofit corporation, or a for-profit business entity that provides services under a contract or other agreement with the department. See Louisiana Revised Statutes 40:1250.3
• Public highway: means any public way except those highways provided for in La. See Louisiana Revised Statutes 3:3002
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Purchasing agency: means any governmental body which is authorized by this Chapter or its implementing regulations, or by way of delegation from the state chief procurement officer, to contract on its own behalf rather than through the central contracting authority of the office of state procurement. See Louisiana Revised Statutes 39:1556
• Quorum: The number of legislators that must be present to do business.
• Rate: means the amount of money per unit of time for a Medicaid service performed or the amount of money for a Medicaid service performed for a flat fee, such as a per diem. See Louisiana Revised Statutes 40:1250.3
• Ratite: means a flightless bird with a flat chestbone of the order Ratitae including but not limited to ostrich (Struthio camelus), rhea (Rhea americana), emu (Dromaius novaehollandiae), and cassowary (Casuarius). See Louisiana Revised Statutes 3:3112
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Rebasing: means using cost report information to adjust Medicaid reimbursement rates to the level dictated by the Medicaid reimbursement methodology for each covered service. See Louisiana Revised Statutes 40:1250.3
• Regular plan: means the original plan that became effective upon the establishment of the retirement system in 1953, as amended, excluding the supplemental plan. See Louisiana Revised Statutes 11:1902
• Regulated article: means any article of any character carrying or capable of carrying the boll weevil, including but not limited to cotton plants, seed cotton, cottonseed, other hosts, gin trash, gin equipment, mechanical cotton pickers, and other equipment associated with cotton production, harvesting, or processing. See Louisiana Revised Statutes 3:1603
• Reimbursement: means payment for a Medicaid service in accordance with a specified rate. See Louisiana Revised Statutes 40:1250.3
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: means a person who is a parent, tutor, curator, spouse, trustee, attorney, or other legal agent of the patient and who is authorized, by and on behalf of the patient, to exercise any of the patient's rights, privileges, or immunities granted by this Section or to fulfill any of the patient's obligations, duties, or forbearances imposed under this Section, because the patient has executed a written authorization and mandate to that effect or because the law operates to that effect due to the status of that patient and his relationship to such person, as when the patient is a minor child and his parent must act for him. See Louisiana Revised Statutes 40:1237.1
• Request for proposals: means all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in this Chapter. See Louisiana Revised Statutes 39:1556
• retirement system: means the Municipal Employees' Retirement System of Louisiana, established as of January 1, 1955, defined in Chapter 4, Title 11 of the Louisiana Revised Statutes, and as subsequently amended. See Louisiana Revised Statutes 11:1732
• retirement system: means the Parochial Employees' Retirement System of Louisiana, established as of January 1, 1953, defined in Chapter 5, Title 11 of the Louisiana Revised Statutes, and as subsequently amended. See Louisiana Revised Statutes 11:1902
• Reverse auction: means a competitive online solicitation process on the internet for materials, supplies, services, products, equipment, or consulting services in which vendors compete against each other online in real time in an open and interactive environment. See Louisiana Revised Statutes 39:1556
• Revision date: means January 1, 1980, the effective date of the establishment of Plan A and Plan B. See Louisiana Revised Statutes 11:1902
• Rural institutional provider: means a hospital, other than one defined in La. See Louisiana Revised Statutes 40:1248.1
• Salary: means the full rate of regular compensation paid to a member for the performance of his official duties, but shall not include bonuses, payment for accrued vacation, annual or sick leave, payment for overtime, terminal pay, severance pay, deferred salary, or any other type of irregular or nonrecurring payment. See Louisiana Revised Statutes 11:1503
• Service: means a home- or community-based service, intermediate care facility service, or support coordination service provided to a recipient by a provider under a contract or other agreement with the department. See Louisiana Revised Statutes 40:1250.3
• Service certificate: means a statement of a member's total creditable service as approved by the board. See Louisiana Revised Statutes 11:1902
• Service date: means the date of enrollment of a member into the system. See Louisiana Revised Statutes 11:1902
• Service of process: The service of writs or summonses to the appropriate party.
• Services: means the furnishing of labor, time, or effort by a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. See Louisiana Revised Statutes 39:1556
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sewage treatment plant: means the facility or group of units provided for the treatment of wastewater and for the reduction and handling of sludge removed from such wastewater. See Louisiana Revised Statutes 40:1281.1
• Sewerage system: means a system of piping and appurtenances, including sewage treatment facilities, for collecting and conveying wastewater from source to discharge. See Louisiana Revised Statutes 40:1281.1
• Social service: means work rendered by any person, firm, corporation, organization, governmental body, or governmental entity in furtherance of the general welfare of the citizens of Louisiana, including but not limited to the objectives provided for in La. See Louisiana Revised Statutes 39:1556
• State chief procurement officer: means the person holding the position created in La. See Louisiana Revised Statutes 39:1556
• State health officer: means the secretary of the Louisiana Department of Health, hereinafter referred to as the "department" or his designee as provided in La. See Louisiana Revised Statutes 40:1281.1
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Supplemental plan: means the supplementary plan established by Act No. See Louisiana Revised Statutes 11:1902
• Supplies: means all property, including but not limited to equipment, materials, insurance, and leases on immovable property excluding land or a permanent interest in land. See Louisiana Revised Statutes 39:1556
• Surviving spouse: means the spouse of a deceased member or former member who was married to and living with the deceased member or former member at the time of his death. See Louisiana Revised Statutes 11:1503
• Surviving spouse: means a legal spouse who was married to a member at the time of the member's death and for at least twelve months immediately prior thereto. See Louisiana Revised Statutes 11:1902
• System: means the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
• 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.
• Trap and trace device: means a device or electronic means which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted, except that it shall not include a service, device, or electronic means tariffed by the Louisiana Public Service Commission, used by a subscriber of telecommunicational services to receive the telephone numbers for calls placed to the subscriber. See Louisiana Revised Statutes 15:1302
• 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.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Using agency: means any governmental body of the state which utilizes any supplies, services, or major repairs purchased under this Chapter. See Louisiana Revised Statutes 39:1556
• Verdict: The decision of a petit jury or a judge.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Wastewater: means the spent water or sewage of a community containing the liquid or water-carried wastes from residences, commercial buildings, and institutions along with any groundwater, surface water, or storm water that may be commingled. See Louisiana Revised Statutes 40:1281.1
• Water distribution system: means that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer. See Louisiana Revised Statutes 40:1281.1
• Water supply system: means the system of pipes, structures and facilities through which water is obtained, treated and sold, distributed or otherwise offered to the public for household or other uses. See Louisiana Revised Statutes 40:1281.1
• Water treatment plant: means that portion of the water supply system which in some way alters the physical, chemical, or bacteriological quality of the water. See Louisiana Revised Statutes 40:1281.1