Sections
Part I Sewerage Districts 33:3881 – 33:3980.1
Part II Sewerage Systems 33:3981 – 33:4069
Part III City of New Orleans 33:4071 – 33:4159
Part IV Privatization of Sewerage and Water Board Facilities in the City of New Orleans 33:4159.10

Terms Used In Louisiana Revised Statutes > Title 33 > Chapter 9

  • Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member and credited to his individual account. See Louisiana Revised Statutes 11:952.1
  • Accumulated contributions: means the sum of all amounts paid by a member, excluding interest paid on the repayment of a refund, and credited to his individual account in the employee's savings account, together with regular interest credited prior to July 1969. See Louisiana Revised Statutes 11:403
  • Active duty: means active duty pursuant to an executive order of the president of the United States, an act of the Congress of the United States, or the provisions of R. See Louisiana Revised Statutes 29:311
  • Actuarial equivalent: means a benefit of equivalent value to the accumulated contributions, annuity or benefits and regular interest, 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 R. See Louisiana Revised Statutes 11:1402
  • Administrator: means the firm which, in accordance with its contract with the Commission, maintains the plan records, provides information to participants and prospective participants, manages the day-to-day activities of the plan relating to the transmittal of participant funds to investment product companies selected by the Commission, provides enrollment services, and/or prepares studies and recommendations for the Commission. See Louisiana Revised Statutes 42:1301
  • Administrator: means the administrator provided for in R. See Louisiana Revised Statutes 30:1354
  • Administrator: means the administrator of veterans' affairs of the United States or his successor. See Louisiana Revised Statutes 29:351
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Affiliate: means any person who controls, is controlled by, or is under common control with a developer. See Louisiana Revised Statutes 9:1131.2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Aftercare: means any assistance provided by a caregiver to a patient pursuant to this Part after the patient's discharge from a hospital. See Louisiana Revised Statutes 40:1226.1
  • Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. See Louisiana Revised Statutes 42:341
  • Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of state government. See Louisiana Revised Statutes 42:352
  • Agency: means any governmental body employing persons and includes departments, agencies, boards, commissions, and courts. See Louisiana Revised Statutes 11:403
  • Agency head: means the chief executive or administrative officer of an agency or the chairman of a board or commission. See Louisiana Revised Statutes 42:341
  • Agency head: means the chief executive, administrative officer of an agency, or the chairman of a board or commission. See Louisiana Revised Statutes 42:352
  • Allegation: something that someone says happened.
  • Ambulance service: means an entity under circumstances in which the provisions of R. See Louisiana Revised Statutes 40:1231.1
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: means payments for life derived from the "accumulated contributions" of a member. See Louisiana Revised Statutes 11:701
  • 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.
  • Anti-pollution project: means any land, easement, servitude, leasehold interest or other interest or right or estate in land, any building or other facility or improvement thereon, and any personal property, or any combination of the foregoing, whether or not now in existence, which shall be designed, acquired, constructed or installed in order to abate, eliminate, control or prevent air or water or noise or other pollution or to control or eliminate or dispose of liquid and solid wastes, or for the removal or treatment of any substance or materials which otherwise would cause pollution or contamination of any kind, suitable for use by the following or any combination of two or more thereof: any industry for the manufacturing, processing or assembling of raw, semi-manufactured or manufactured products, including agricultural, fish, forest, water or mineral products; any enterprise for the planting, cultivating and harvesting of crops, including those so planted, cultivated and harvested for food, ornamental, grazing or forest purposes; any commercial enterprise in storing, warehousing or distributing the products of agriculture, fishing, forestry, mining or industry, exclusive of retail or wholesale enterprises; any enterprise for research or development or research and development in connection with any of the foregoing, or for the purpose of developing new products or new processes, or improving existing products or known processes; any enterprise for research, development, exploration or study, of land, sea, water, air, sky or space; any nonprofit educational institution, museum or planetarium or the government of the United States or any agency, department, board, bureau, corporation or other instrumentality thereof; and any person, firm or corporation engaged primarily in the manufacture, production, generation, transmission or distribution of electricity, steam heat, water or gas or any combination thereof, or telephone or other services for sale to the public and classified as a public utility. See Louisiana Revised Statutes 51:1151
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • arrearages: means amounts of past due and unpaid monthly support obligations established by a court order issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review, or any other judgment created by operation of any state law. See Louisiana Revised Statutes 51:1442
  • Arrest: Taking physical custody of a person by lawful authority.
  • Authority: means the Residual Malpractice Insurance Authority established under Section 1231. See Louisiana Revised Statutes 40:1231.1
  • Average regular compensation: means the average annual rate of regular compensation of a member for any period of thirty-six successive months ending with full month's pay of service as an employee during which said earned compensation was the highest. See Louisiana Revised Statutes 11:952.1
  • Bank stabilization works: means concrete, rock, masonry, rip-rap, or similar materials used to cover existing banks or shorelines or bulkheads located above the mean low water line, all in acres subject to erosion, to combat the same. See Louisiana Revised Statutes 41:1704
  • 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: 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
  • Beneficiary: means any person in receipt of a retirement allowance or other benefit provided for in this part. See Louisiana Revised Statutes 11:952.1
  • Beneficiary: means any person designated by the member or legally entitled to receive a retirement allowance, an annuity, or other benefit. See Louisiana Revised Statutes 11:403
  • Benefits: means all moneys paid or payable by the United States through the veterans administration. See Louisiana Revised Statutes 29:351
  • board: means the governing authority which has the ultimate jurisdiction over a profession, occupation, or activity which under state law or regulation requires a person to meet certain skills, training, or educational standards prior to being authorized, licensed, or certified to practice or to render a specific service or engage in a trade. See Louisiana Revised Statutes 42:92
  • Board: means the board of directors of the district or any successor thereto. See Louisiana Revised Statutes 33:3072
  • Board: means the board of trustees of the Assessors' Retirement Fund. See Louisiana Revised Statutes 11:1402
  • Board: means the Patient's Compensation Fund Oversight Board created in R. See Louisiana Revised Statutes 40:1231.1
  • Board: means the Board of Trustees of the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • Board of supervisors: means the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College. See Louisiana Revised Statutes 11:952.1
  • Board of Trustees: means the board provided for in Part V of this Chapter to administer the retirement system. See Louisiana Revised Statutes 11:701
  • Building: means any structure which includes provisions for a heating or cooling system, or both, or for a hot water system. See Louisiana Revised Statutes 30:1202
  • Caregiver: means an individual who meets all of the following conditions:

                (a) Is eighteen years of age or older. See Louisiana Revised Statutes 40:1226.1

  • Center: means any person or organization which, for profit, offers physical fitness services, whether at multiple outlets or a single outlet. See Louisiana Revised Statutes 51:1576
  • Chambers: A judge's office.
  • Child support: means any amount required to be paid pursuant to a court order issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review. See Louisiana Revised Statutes 51:1442
  • child support order: means any judgment or order for the support of dependent children issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review. See Louisiana Revised Statutes 51:1442
  • Cholesterol screening: means determining the cholesterol level present in a person's blood by analyzing a drop of blood taken from him by means of a fingerstick sample. See Louisiana Revised Statutes 40:1213.2
  • Claimant: means a patient or representative or any person, including a decedent's estate, seeking or who has sought recovery of damages or future medical care and related benefits under this Part. See Louisiana Revised Statutes 40:1231.1
  • Claims manager: means the claims manager appointed and employed by the board pursuant to R. See Louisiana Revised Statutes 40:1231.1
  • Coal: means anthracite and bituminous coal, lignite, and any fuel derivative thereof. See Louisiana Revised Statutes 51:1602
  • collection agency: means an individual or nongovernmental entity that solicits and contracts directly with obligees to provide child support collection services for compensation. See Louisiana Revised Statutes 51:1442
  • commerce: means the advertising, offering for sale, sale, or distribution of any services and any property, corporeal or incorporeal, immovable or movable, and any other article, commodity, or thing of value wherever situated, and includes any trade or commerce directly or indirectly affecting the people of the state. See Louisiana Revised Statutes 51:1402
  • Commercial: means built or operated for any purpose where revenue is produced or profit realized. See Louisiana Revised Statutes 41:1704
  • Commercial building: means any building other than a residential building, including any building developed for industrial or public purposes. See Louisiana Revised Statutes 30:1202
  • Commission: means the Louisiana Deferred Compensation Commission. See Louisiana Revised Statutes 42:1301
  • Common elements: means all portions of timeshare property other than units. See Louisiana Revised Statutes 9:1131.2
  • Community blood center: means any independent nonprofit nonhospital based facility which collects blood and blood products from donors primarily to supply blood and blood components to other health care facilities. See Louisiana Revised Statutes 40:1231.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completion of construction: means :

    (a)(i)  That a certificate of occupancy has been issued for the entire building in which the timeshare interest being sold is located, or for the improvement, or that the equivalent authorization has been issued, by the governmental body having jurisdiction; or

    (ii)  In a jurisdiction in which no certificate of occupancy or equivalent authorization is issued, that the construction, finishing, and equipping of the building or improvements according to the plans and specifications have been substantially completed; and

    (b)  That all accommodations of the timeshare unit and facilities of the timeshare plan are available for use in a manner identical in all material respects to the manner portrayed by the promotional material, advertising, and public offering statements filed with the Louisiana Real Estate Commission. See Louisiana Revised Statutes 9:1131.2

  • Conspicuous type: means type in boldfaced capital letters no smaller than the largest type, exclusive of headings, on the page on which it appears and, in all cases, at least 10-point type. See Louisiana Revised Statutes 9:1131.2
  • Consumer: means any person who uses, purchases, or leases goods or services. See Louisiana Revised Statutes 51:1402
  • Consumer transaction: means any transaction involving trade or commerce to a natural person, the subject of which transaction is primarily intended for personal, family, or household use. See Louisiana Revised Statutes 51:1402
  • Contract: means a contract or agreement, as described in R. See Louisiana Revised Statutes 51:1442
  • Contract: includes any agreement conferring the rights and obligations of a timeshare ownership on the purchaser. See Louisiana Revised Statutes 9:1131.2
  • contract for dance studio lessons and other services: means a contract for instruction in ballroom or other types of dancing, and includes lessons and other services, whether given to students individually or in groups. See Louisiana Revised Statutes 51:1551
  • Conversion: shall mean the voluntary or mandated conversion of industrial and powerplant fuel requirements in the state from natural gas or petroleum to coal or other alternate fuels. See Louisiana Revised Statutes 51:1602
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: means any corporation organized pursuant to the provisions of this chapter. See Louisiana Revised Statutes 51:1151
  • Court: means a court of competent jurisdiction and proper venue over the parties. See Louisiana Revised Statutes 40:1231.1
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Credited service: means service for which credit is allowable as provided in R. See Louisiana Revised Statutes 11:952.1
  • Curator: means any person acting as a fiduciary for an incompetent ward. See Louisiana Revised Statutes 29:351
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • declaration: means the instrument by which the timeshare property is made subject to a timeshare plan. See Louisiana Revised Statutes 9:1131.2
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Children and Family Services, office of children and family services, child support enforcement section. See Louisiana Revised Statutes 51:1442
  • Department: means the Department of Natural Resources of the state of Louisiana. See Louisiana Revised Statutes 51:1602
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1213.2
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1221.2
  • Department: means the Louisiana Department of Health or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act providing funding for medical care for the poor. See Louisiana Revised Statutes 40:1249.2
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1295.2
  • Department of Energy: means the Department of Energy of the United States. See Louisiana Revised Statutes 51:1602
  • Deposit: means the action of placing or moving materials by artificial means, over state lands which results in or adds to a landfill, whether contained within a bulkhead or not. See Louisiana Revised Statutes 41:1704
  • Developer: means the person, or any successor or assignee of such person, who creates the timeshare plan or who is in the business of making sales of timeshare interests which it owns or purports to own. See Louisiana Revised Statutes 9:1131.2
  • Development project: means any land, easement, servitude, leasehold interest, or other interest or right in land, and any building or other facility or improvement thereon, including a single or multiple occupant office building or building complex, and all movable and immovable properties deemed necessary in connection therewith, including parking garages, whether or not now in existence, which shall be suitable for use by the following or by any combination of two or more thereof:

    (i)  Any industry for the manufacturing, processing, or assembling of any raw, agricultural, semimanufactured, or manufactured products. See Louisiana Revised Statutes 51:1151

  • Devise: To gift property by will.
  • Discharge: means a patient's release from hospital care to the patient's residence following an inpatient admission. See Louisiana Revised Statutes 40:1226.1
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District: means the Central Transition District or any successor thereto. See Louisiana Revised Statutes 33:3072
  • Docket: A log containing brief entries of court proceedings.
  • Documentary material: means the original or a copy of any book, record, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated. See Louisiana Revised Statutes 51:1402
  • Donor: The person who makes a gift.
  • Elder person: means any person sixty-five years of age or older. See Louisiana Revised Statutes 51:1402
  • Elderly: means an individual who is sixty-five years of age or older. See Louisiana Revised Statutes 40:1249.2
  • Elected official: means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. See Louisiana Revised Statutes 42:341
  • Elected official: means any person holding an office in state government which is filled by the vote of the electorate. See Louisiana Revised Statutes 42:352
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible applicant: means a governmental unit certified by the administrator to be substantially impacted by lignite resource development. See Louisiana Revised Statutes 30:1354
  • Employee: means a person employed in any classification of University employees other than a student, and the word "student" includes a graduate assistant, medical intern, and medical resident. See Louisiana Revised Statutes 11:952.1
  • Employee: means any person legally occupying a position in the state service. See Louisiana Revised Statutes 11:403
  • Employer: means the state of Louisiana, any city, parish, or other local school board, the State Board of Elementary and Secondary Education, any board created by Article VIII of the Constitution of Louisiana, or any other agency of and within the state or a political subdivision by which a teacher is paid. See Louisiana Revised Statutes 11:701
  • Employer: means the state of Louisiana or any of its boards, commissions, departments, agencies, and courts which are contributing members of the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • Encroachment: means any construction, or improvement, obstacle, fill, or material which is placed upon or maintained upon state lands. See Louisiana Revised Statutes 41:1704
  • Energy impacted area: means a geographic area or political subdivision of the state which demonstrates actual or anticipated extraordinary expenditures caused by lignite resource development and growth incidental thereto. See Louisiana Revised Statutes 30:1354
  • 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.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Episode: shall mean a singular instance in which a youth is placed under the supervision, care, or custody of the office of juvenile justice. See Louisiana Revised Statutes 15:932
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Estate: means income on hand and assets acquired partially or wholly with income. See Louisiana Revised Statutes 29:351
  • Ex officio: Literally, by virtue of one's office.
  • Exchange company: means the person operating a program providing any opportunity or procedure for the assignment or exchange of timeshare interests among owners and purchasers in the same or other timeshare plans. See Louisiana Revised Statutes 9:1131.2
  • Executive director: means the executive director of the board, appointed and employed pursuant to R. See Louisiana Revised Statutes 40:1231.1
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Exemptions: as used in this Chapter shall mean those criteria established through rules and regulations of the Department of Natural Resources, in accordance with federal law and in coordination with the rules of applicable federal agencies to permit a powerplant or industry, when feasible or in the best interest of the state, to postpone or avoid untimely use of coal or other alternate fuel or conversion of its fuel base from natural gas or petroleum to coal or other alternate fuel. See Louisiana Revised Statutes 51:1602
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • 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.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • FERC licensee: shall mean and refer to:

    (i)  Any person licensed by the Federal Energy Regulatory Commission or other appropriate federal agency on or before December 31, 1988, to construct, operate, or maintain a run-of-the-river hydroelectric generating facility located on the Mississippi River in the state of Louisiana;

    (ii)  Any person to whom such license has been transferred, in whole or in part, with the approval of the Federal Energy Regulatory Commission, or other appropriate federal agency;

    (iii)  Any successor, by involuntary transfer or foreclosure or otherwise, to any person to whom such license had been issued, transferred, or assigned, and all subsequent successors of any of the foregoing persons;

    (iv)  Any assign of any person to whom such license had been issued, transferred, or assigned;

    (v)  Any successor owner of such hydroelectric facilities;

    (b)  The term "person" shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated association, or a government or any agency, municipality, parish, or political subdivision thereof; and

    (c)  The terms "hydroelectric facilities" or "hydroelectric generating facilities" shall mean and refer to a run-of-the-river hydroelectric generating facility located on the Mississippi River in the state of Louisiana and initially licensed by the Federal Energy Regulatory Commission or other appropriate federal agency on or before December 31, 1988. See Louisiana Revised Statutes 33:4263

  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fingerstick sample: means a quantity of blood taken from a person by sticking his finger with a needle or lancet. See Louisiana Revised Statutes 40:1213.2
  • Fiscal year: means the period beginning July first of any year and ending June thirtieth of the next succeeding year. See Louisiana Revised Statutes 11:701
  • 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.
  • Fiscal year: means the period beginning July first of any year and ending June thirtieth of the next succeeding year. See Louisiana Revised Statutes 11:403
  • FITAP: means Family Independence Temporary Assistance Program. See Louisiana Revised Statutes 51:1442
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • from a state hospital or other state facility: shall mean a patient who presents himself for treatment to any health care provider enumerated in this item after prior arrangements have been made between such a provider and a state hospital or other state facility where that patient has been receiving or has attempted to receive health care and medical services or in circumstances when no prior arrangements have been made or a patient who has attempted to reach or was in transit to such state hospital or facility to receive health care and medical services but was diverted from that intended destination by such hospital or facility because of lack of specialty medical services, treatment availability, or bed capacity, or any combination thereof. See Louisiana Revised Statutes 40:1237.1
  • Fund: means the Assessors' Retirement Fund. See Louisiana Revised Statutes 11:1402
  • funded system: means the funded Louisiana State University and Agricultural and Mechanical College Retirement System as defined in R. See Louisiana Revised Statutes 11:952.1
  • Governing body: means the board or body in which the general legislative powers of the municipality or the parish are vested. See Louisiana Revised Statutes 51:1151
  • Governmental entity: means the state or any political subdivision. See Louisiana Revised Statutes 42:341
  • Governmental unit: means a parish, municipality, or political subdivision of the state or of local government having taxing authority

    Added by Acts 1981, No. See Louisiana Revised Statutes 30:1354

  • Grantor: The person who establishes a trust and places property into it.
  • 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.
  • Health care: means any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement, or during or relating to or in connection with the procurement of human blood or blood components. See Louisiana Revised Statutes 40:1231.1
  • Health care: means any act or treatment which was performed or furnished or which should have been performed or furnished by any person covered by this Part for, to, or on behalf of, a patient during the medical care, treatment or confinement of the patient. See Louisiana Revised Statutes 40:1237.1
  • Health care provider: means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution licensed or certified by this state to provide health care or professional services as a physician, hospital, nursing home, community blood center, tissue bank, dentist, a licensed dietician or licensed nutritionist employed by, referred by, or performing work under contract for, a health care provider or other person already covered by this Part, registered or licensed practical nurse or certified nurse assistant, offshore health service provider, ambulance service under circumstances in which the provisions of R. See Louisiana Revised Statutes 40:1231.1
  • Hospital: means a facility licensed under the provisions of Part II of Chapter 11 of this Title. See Louisiana Revised Statutes 40:1226.1
  • Hospital: means any hospital as defined in R. See Louisiana Revised Statutes 40:1231.1
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Improper means: includes theft, bribery, misrepresentation, breach, or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Louisiana Revised Statutes 51:1431
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Income: means moneys received from the veterans administration and revenue or profit from any property wholly or partially acquired therewith. See Louisiana Revised Statutes 29:351
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insurer: means the authority or the entity chosen to manage the authority or an insurer writing policies of malpractice insurance. See Louisiana Revised Statutes 40:1231.1
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • Internal Revenue Code: means the United States Internal Revenue Code of 1986, as amended. See Louisiana Revised Statutes 11:701
  • Investment product: means any fixed annuity, variable annuity, life insurance contract, savings account, or any other form of investment selected by the Commission for the purpose of receiving funds under the plan. See Louisiana Revised Statutes 42:1301
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Knowingly: means that the act or practice used was such that a reasonably prudent businessman knew or should have known that the act or practice was a violation of this Chapter. See Louisiana Revised Statutes 51:1402
  • Landfill: means the direct or induced raising or elevating of any navigable waterbottom by deposit to the extent that newly emerging land results, not covered at mean low water or navigable rivers and streams or mean high water on other state properties. See Louisiana Revised Statutes 41:1704
  • 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
  • Lease timeshare interest: means an interest in which a person receives the right to use or occupy, however evidenced or documented, immovable property for a period of time or intervals of time which can be less than a full year during each year, over a period of more than three years. See Louisiana Revised Statutes 9:1131.2
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lignite resource development: means the mining of lignite and industries directly related to the processing of lignite, including, but not limited to, the generation of electricity from lignite or lignite products, lignite gasification, and lignite liquefaction. See Louisiana Revised Statutes 30:1354
  • Long-term care services: means the following services provided pursuant to Louisiana's approved Medicaid state plan for medical assistance:

                (a) Long-term personal care services. See Louisiana Revised Statutes 40:1249.2

  • Malpractice: means any unintentional tort or any breach of contract based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient, including failure to render services timely and the handling of a patient, including loading and unloading of a patient, and also includes all legal responsibility of a health care provider arising from acts or omissions during the procurement of blood or blood components, in the training or supervision of health care providers, or from defects in blood, tissue, transplants, drugs, and medicines, or from defects in or failures of prosthetic devices implanted in or used on or in the person of a patient. See Louisiana Revised Statutes 40:1231.1
  • Malpractice: means the failure to exercise the reasonable standard of care specified and required by Subsection B of this Section, in the provision of health care, when such failure proximately causes injury to a patient, as provided in Subsection B of this Section. See Louisiana Revised Statutes 40:1237.1
  • Managing entity: means an entity with the duty to manage and operate the timeshare plan and/or the timeshare property. See Louisiana Revised Statutes 9:1131.2
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Material: means rock, gravel, sand, shell, silt, or other inorganic substances used to fill any state lands of this state. See Louisiana Revised Statutes 41:1704
  • Mayor-president: means the mayor-president of the city of Baton Rouge and parish of East Baton Rouge. See Louisiana Revised Statutes 33:3072
  • Medicaid Buy-In Program: means the Louisiana Medicaid Optional program to provide the opportunity for working persons with disabilities to buy access to needed health care and support services. See Louisiana Revised Statutes 40:1251.4
  • member: means a person who contracts for the use of physical fitness services. See Louisiana Revised Statutes 51:1576
  • Member: means any employee included in the membership of the funded system as provided in R. See Louisiana Revised Statutes 11:952.1
  • Member: means any person included in the membership of the system. See Louisiana Revised Statutes 11:403
  • Minor child: means an unmarried child under the age of eighteen years or an unmarried student under the age of twenty-three years who is the issue of a marriage of a member of this system, the legally adopted child of a member of this system, a child born outside of marriage of a female member of this system, or the child of a male member of this system if acknowledged or filiated pursuant to the provisions of the Civil Code. See Louisiana Revised Statutes 11:403
  • Misappropriation: means :

    (a)  acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

    (b)  disclosure or use of a trade secret of another without express or implied consent by a person who:

    (i)  used improper means to acquire knowledge of the trade secret; or

    (ii)  at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

    (aa)  derived from or through a person who had utilized improper means to acquire it;

    (bb)  acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

    (cc)  derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

    (iii)  before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Louisiana Revised Statutes 51:1431

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means any automobile, car, minivan, passenger van, sport utility vehicle, pickup truck, or other self-propelled vehicle not operated or driven on fixed rails or track. See Louisiana Revised Statutes 29:311
  • Municipal tax: means the two percent sales and use tax levied by the city of Central as provided in R. See Louisiana Revised Statutes 33:3072
  • Municipality: means the city of Central in East Baton Rouge Parish. See Louisiana Revised Statutes 33:3072
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • 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.
  • Noncommercial: means built or maintained by either private citizens or nonprofit corporations for the purpose of recreation and enjoyment and not for revenue production, except for nonprofit corporations, or realizing profit. See Louisiana Revised Statutes 41:1704
  • noncompetitive lease: as used in this Chapter shall not refer to any proposed use for which the lease is granted. See Louisiana Revised Statutes 41:1709
  • Obligation: means any retail installment sales contract, other contract for the purchase of goods or services, or bond, bill, note, or other instrument of writing for the payment of money arising out of the contract or other transaction for the purchase of goods or services. See Louisiana Revised Statutes 29:311
  • Obligee: means an individual who is owed child support under a child support order and who has entered or may enter into a contract with a collection agency. See Louisiana Revised Statutes 51:1442
  • Obligor: means a resident of this state required to pay child support in accordance with an order of support issued by a court or other tribunal. See Louisiana Revised Statutes 51:1442
  • office: shall mean the Department of Public Safety and Corrections, youth services, office of juvenile justice. See Louisiana Revised Statutes 15:932
  • Office: shall mean the office of the secretary in the Louisiana Department of Health. See Louisiana Revised Statutes 40:1263.1
  • Offshore health service provider: means any individual or entity which provides any health care service rendered by an emergency medical technician-basic, or at the intermediate or paramedic levels, or one who is a registered nurse, when such medical care is rendered on a fixed platform in Louisiana territorial waters or on the Outer Continental Shelf, adjacent to Louisiana territorial waters, or any instance on the Outer Continental Shelf where the applicable law, under the Outer Continental Shelf Lands Act, 43 U. See Louisiana Revised Statutes 40:1231.1
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Other alternate fuel: as used in this Chapter shall mean some fuel other than natural gas, coal, and with the exceptions stated in the Federal Powerplant and Industrial Fuel Use Act of 1978, oil. See Louisiana Revised Statutes 51:1602
  • Outlet: means a separate location of a center which is not physically connected with another center but which may use the same name or may be operated by the same person or organization. See Louisiana Revised Statutes 51:1576
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the actual owner of record. See Louisiana Revised Statutes 41:1704
  • Owner: means any person who owns or is a co-owner of a timeshare interest. See Louisiana Revised Statutes 9:1131.2
  • Ownership timeshare interest: means an interest in which a person receives the right to use or occupy, however evidenced or documented, immovable property for a period of less than a full year during each year, over a period of more than three years, coupled with an ownership interest in immovable property. See Louisiana Revised Statutes 9:1131.2
  • Parish: means East Baton Rouge Parish. See Louisiana Revised Statutes 33:3072
  • Parish tax: means the two percent sales and use tax levied in the unincorporated areas of the parish. See Louisiana Revised Statutes 33:3072
  • Participant: means : (a) a person whose compensation is currently subject to deferrals in accordance with Section 457 of the United States Internal Revenue Code, or (b) a person whose compensation has previously been subject to deferrals in accordance with Section 457 of the United States Internal Revenue Code and whose contributions have not been withdrawn. See Louisiana Revised Statutes 42:1301
  • Participant member: means any member of the commission other than an ex officio member. See Louisiana Revised Statutes 42:1301
  • Patient: means an individual who has been admitted to a hospital for inpatient care and who is eighteen years of age or older. See Louisiana Revised Statutes 40:1226.1
  • Patient: means a natural person, including a donor of human blood or blood components and a nursing home resident who receives or should have received health care from a licensed health care provider, under contract, expressed or implied. See Louisiana Revised Statutes 40:1231.1
  • Patient: means a natural person who receives, or should have received, health care from a person covered by this Part 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
  • Person: shall mean any individual, partnership, corporation, organization, or entity not including political subdivisions or state agencies. See Louisiana Revised Statutes 41:1704
  • Person: means a natural person, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity. See Louisiana Revised Statutes 51:1402
  • Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Louisiana Revised Statutes 51:1431
  • Person: means any officer or employee of the state of Louisiana or of any of its political subdivisions, or an independent contractor who has a current contract with the state or any of its political subdivisions. See Louisiana Revised Statutes 42:1301
  • Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character. See Louisiana Revised Statutes 51:1602
  • Person: means an individual, partnership, corporation, or other legal entity. See Louisiana Revised Statutes 9:1131.2
  • Person: means an individual, a partnership, a corporation, or an association. See Louisiana Revised Statutes 29:351
  • person covered by this Part: means :

                (i) The state or any of its departments, offices, agencies, boards, commissions, institutions, universities, facilities, hospitals, clinics, laboratories, health care units, ambulances, ambulance services, university health centers, and other state entities which may provide any kind of health care whatsoever, and the officers, officials, and employees thereof when acting within the course and scope of their duties in providing health care in connection with such state entity; or

                (ii) A person acting in a professional capacity in providing health care services, by or on behalf of the state, including but not limited to a physician, psychologist, coroner, and assistant coroner who is a licensed physician when acting solely in accordance with the Behavioral Health Law as provided in R. See Louisiana Revised Statutes 40:1237.1

  • Person with a disability: means a person with a mental, physical, or developmental disability that substantially impairs that person's ability to provide adequately for his own care or protection. See Louisiana Revised Statutes 51:1402
  • Personal property: All property that is not real property.
  • Persons with disabilities: means those citizens of Louisiana who meet the Social Security Disability criteria. See Louisiana Revised Statutes 40:1251.4
  • Physical fitness services: means facilities or services for the development of physical fitness through exercise or weight control. See Louisiana Revised Statutes 51:1576
  • Physician: means a person with an unlimited license to practice medicine in this state. See Louisiana Revised Statutes 40:1231.1
  • Physician: means a person with a license or permit to practice medicine in this state. See Louisiana Revised Statutes 40:1237.1
  • Pier: means any structure extending channelward from the shore or bank, built upon pilings with water on both sides, with or without a sunshade or boathouse, built or maintained for the purpose of providing a berthing or mooring place for watercraft or for loading or unloading cargo or passengers onto or from watercraft or for fishing. See Louisiana Revised Statutes 41:1704
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means the Louisiana Public Employees Deferred Compensation Plan, which is now in existence, and which was previously established pursuant to state statute and in accordance with Section 457 of the Internal Revenue Code of 1954, as amended. See Louisiana Revised Statutes 42:1301
  • 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.
  • Position: means any office or any employment in the state service. See Louisiana Revised Statutes 11:403
  • Powerplant: as used in this Chapter means a stationary electric generating unit consisting of a boiler, gas turbines, or combined cycle unit that produces electricity for sale or exchange or self-generated use. See Louisiana Revised Statutes 51:1602
  • 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.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Project: means any anti-pollution project or any development project or any combination thereof. See Louisiana Revised Statutes 51:1151
  • Project: includes but is not limited to condominiums and cooperative housing corporations. See Louisiana Revised Statutes 9:1131.2
  • Project Costs: means all costs necessary for the planning, development, acquisition, construction, extension, or improvement of a revenue bond project, including site acquisition and preparation and installation of utilities, architectural, engineering, supervising, accounting, inspection, legal, and financing fees and costs, preparation of feasibility studies and reports, interest on revenue bonds and notes during construction and for a reasonable period thereafter, establishment of reserves to secure the bonds and notes, and all other expenditures incidental and necessary or convenient therefor. See Louisiana Revised Statutes 51:1602
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • provider of Internet service: means a facilities-based provider or other entity that provides residential consumers with the ability to access the Internet in exchange for consideration such as through a paid subscription or through an agreement to view specific ads or content in exchange for Internet access, provided, however, this term does not include an entity that provides access to the Internet using spectrum regulated by the Federal Communications Commission pursuant to 47 U. See Louisiana Revised Statutes 51:1425
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • Public employee: means anyone who is:

                (a) An administrative officer or official of a governmental entity who is not filling an elective office. See Louisiana Revised Statutes 42:341

  • Public employee: means anyone who is:

                (a) An administrative officer or official of state government who is not holding an elective office. See Louisiana Revised Statutes 42:352

  • Public funds: means monies of the state, including but not limited to monies from the state risk management program established by R. See Louisiana Revised Statutes 42:352
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public office: means any state, district, parish or municipal office, elective or appointive, or any position as member on a board or commission, elective or appointive, when the office or position is established by the constitution or laws of this state. See Louisiana Revised Statutes 42:1
  • Public officer: is a ny person holding a public office in this state. See Louisiana Revised Statutes 42:1
  • Public servant: means a public employee or an elected official. See Louisiana Revised Statutes 42:341
  • Public servant: means a public employee or an elected official. See Louisiana Revised Statutes 42:352
  • Purchaser: means any person to whom a timeshare interest is offered or who has contracted to purchase a timeshare interest. See Louisiana Revised Statutes 9:1131.2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Refund: means the withdrawal of all accumulated contributions at least thirty days after termination from the state service, or with respect to members having the option of belonging to the system, withdrawal of all accumulated contributions at least thirty days after receipt by the system of written notice of withdrawal. See Louisiana Revised Statutes 11:403
  • Regular compensation: means the total cash compensation for personal services paid to an employee by the university, except compensation of an unusual or noncontinuing nature excluded by the board of supervisors as provided in R. See Louisiana Revised Statutes 11:952.1
  • Representative: means the spouse, parent, guardian, trustee, attorney or other legal agent of the patient. See Louisiana Revised Statutes 40:1231.1
  • 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
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residence: means a dwelling that the patient considers to be his home. See Louisiana Revised Statutes 40:1226.1
  • Residential building: means any structure which is constructed and developed for residential occupancy. See Louisiana Revised Statutes 30:1202
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retirement: means termination of active service, with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:403
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this part. See Louisiana Revised Statutes 11:952.1
  • Retirement allowance: means annual payments for life under the funded system payable in equal monthly installments beginning as of the date fixed by the board of supervisors. See Louisiana Revised Statutes 11:952.1
  • Retirement System: means the Teachers' Retirement System of Louisiana as defined in R. See Louisiana Revised Statutes 11:701
  • Revenue Bond Projects: means any one or more of the facilities authorized to be financed by the issuance of revenue bonds pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 51:1602
  • Revenue Bonds: means any bonds or notes issued pursuant to this Chapter. See Louisiana Revised Statutes 51:1602
  • Revenues: include fees, proceeds, moneys, receipts, and income derived for the account of the Department of Natural Resources in connection with any revenue bond project or arising from such project. See Louisiana Revised Statutes 51:1602
  • Right to recover losses due to malpractice: means the substantive right in favor of a patient or his representative to receive, subject to the fiscal legislative discretion of appropriation, some measure of compensation in money or services or both from the state, as and to the extent allowed by this Section, toward repairing any injury or losses proximately caused to him by an act of malpractice committed by a state health care provider as defined in this Section. See Louisiana Revised Statutes 40:1237.1
  • Risk: means any health care provider which shall apply for malpractice liability insurance coverage under the provisions of Section 1231. See Louisiana Revised Statutes 40:1231.1
  • Risk manager: means an insurance company with no less than an "A" rating according to the then current annual edition of Best's Insurance Reports or a domestic insurance company with assets in excess of ten million dollars chosen by the commissioner according to the public bid laws of the state, to manage the authority. See Louisiana Revised Statutes 40:1231.1
  • Running surface waters: means the running waters of the state, including the waters of navigable water bodies and state owned lakes. See Louisiana Revised Statutes 30:962
  • Secretary: means the secretary of the Department of Natural Resources of the state of Louisiana or such persons as he may authorize to act for him as provided in R. See Louisiana Revised Statutes 51:1602
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 40:1213.2
  • Secretary: means the secretary of the Department of Natural Resources, and his designees. See Louisiana Revised Statutes 30:962
  • Secretary: shall mean the secretary of the Louisiana Department of Health, or his designated representative. See Louisiana Revised Statutes 40:1263.1
  • Secretary: means the secretary of the Department of Natural Resources or his designee. See Louisiana Revised Statutes 30:1202
  • Secretary: means the secretary of the Department of Natural Resources. See Louisiana Revised Statutes 30:1354
  • Secretary of Energy: means the secretary of the United States Department of Energy. See Louisiana Revised Statutes 51:1602
  • Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
  • sewerage district: as used in this Subpart shall include the city of Shreveport. See Louisiana Revised Statutes 33:3981.1
  • Sexual harassment: means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature which explicitly or implicitly affects an individual's employment or the holding of office, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment, by a public servant of the state. See Louisiana Revised Statutes 42:352
  • Solar device: means the equipment associated with the collection, transfer, distribution, storage, and control of solar energy. See Louisiana Revised Statutes 30:1151
  • Spouse: means a person who is legally married to a member of this system. See Louisiana Revised Statutes 11:403
  • Spouse: shall mean a person who is legally married to a member of this system and shall not include a person who is legally separated from a member of this system by a judgment of separation, unless such person has voluntarily reconciled with the member and which reconciliation is established by a court of competent jurisdiction. See Louisiana Revised Statutes 11:701
  • State: means the state of Louisiana. See Louisiana Revised Statutes 11:403
  • State: means the state of Louisiana. See Louisiana Revised Statutes 11:952.1
  • State government: means the legislative branch, executive branch, and judicial branch of state government, but shall not include any parish, municipality, or any other unit of local government, including a school board special district, mayor's court, justice of the peace court, district attorney, sheriff, clerk of court, coroner, tax assessor, registrar of voters, or any other elected parochial or municipal official. See Louisiana Revised Statutes 42:352
  • State Plan: means a program or plan of the state of Louisiana planned, prepared, established, and administered by the Department of Natural Resources to implement the intent and purposes of this Chapter. See Louisiana Revised Statutes 51:1602
  • State plan for medical assistance: means the plan promulgated by the department in accordance with its role as designated state agency under Title XIX of the Social Security Act or any successor Act providing funding for medical care for the poor. See Louisiana Revised Statutes 40:1249.2
  • Statute: A law passed by a legislature.
  • Structure: means any encroachment upon state lands, other than those which are specified as the subject matter of a particular class of permit, which is permanently attached to the public lands by pilings, or other means, including, but not limited to storage docks, houses, camps, warehouses, residences, bulkheads not proximate to the shore or bank, business establishments, dams, bridges, impoundment structures, or similar works. See Louisiana Revised Statutes 41:1704
  • Student: means a person enrolled in a high school, a vocational-technical school, or a college or university, in a sufficient number of courses and classes in such institution to be classified as a full-time regular student under the criteria used by the institution in which he is enrolled. See Louisiana Revised Statutes 11:403
  • substantial: means that at least fifty percent of the attorney's business, either in terms of remuneration or time spent, is comprised of the activity of seeking to collect or enforce child support obligations. See Louisiana Revised Statutes 51:1442
  • Summons: Another word for subpoena used by the criminal justice system.
  • support enforcement services: means :

    (a)  Any action taken by the department, upon receipt of an application or referral for services or a request made under the Uniform Interstate Family Support Act, in accordance with the federal requirements of Title IV-D of the Social Security Act and corresponding state laws and regulations without regard to whether there is any existing court order, delinquency, or presumption of paternity. See Louisiana Revised Statutes 51:1442

  • Support Facility: means any facility providing an intermediate coal or alternate fuel service essential or useful to the use of or conversion to such fuels by powerplants and industries, the availability of which will facilitate economical and orderly use of or conversion to coal or alternate fuel and inure to the benefit of Louisiana citizens using the products produced by the powerplants and industries which utilize the support facility, and which the secretary has determined is required by the public interest of the state to be either licensed by the state under this Chapter, or if no person is interested in obtaining a license and constructing and operating such support facility, is owned and operated by the department as elsewhere provided in this Chapter. See Louisiana Revised Statutes 51:1602
  • Surviving spouse: means a person who is legally married to a member of the system and living with the member at the time of his death. See Louisiana Revised Statutes 11:1402
  • System: means the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • 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.
  • Termination: means complete cessation of employment with the state. See Louisiana Revised Statutes 11:403
  • Testify: Answer questions in court.
  • Timeshare association: means a corporation owned by the timeshare interest owners and through which the timeshare interest owners manage and regulate the timeshare property. See Louisiana Revised Statutes 9:1131.2
  • Timeshare documents: means all of the documents, by whatever names denominated, and any amendments thereto, which establish the timeshare plan, create and govern the rights and relationships of owners, and govern the use and operation of the timeshare property. See Louisiana Revised Statutes 9:1131.2
  • Timeshare expenses: means any expenditures, fees, charges, or other liabilities for which an owner of a timeshare interest is liable as a result of the ownership of the timeshare interest. See Louisiana Revised Statutes 9:1131.2
  • Timeshare instrument: means the legal document or documents, by whatever names denominated, that convey a timeshare interest to a purchaser. See Louisiana Revised Statutes 9:1131.2
  • Timeshare interest: means an ownership "timeshare interest" a lease timeshare interest, a timeshare estate, and a timeshare use unless expressly provided otherwise and includes any of the following:

    (a)  A "timeshare estate" which is the right to occupy a timeshare property, coupled with present ownership or some right to future ownership in a timeshare property or a specified portion thereof. See Louisiana Revised Statutes 9:1131.2

  • Timeshare plan: means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership agreement, sale, lease, license, other act of conveyance, or right-to-use agreement or by any other means, whereby a purchaser, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, but not necessarily for consecutive years. See Louisiana Revised Statutes 9:1131.2
  • Timeshare property: means one or more timeshare units subject to the same timeshare plan, together with any common elements or any other immovable property, or rights therein, appurtenant to those units. See Louisiana Revised Statutes 9:1131.2
  • Timeshare unit: means a unit which is the subject of a timeshare plan. See Louisiana Revised Statutes 9:1131.2
  • Tissue bank: means any independent nonprofit facility procuring and processing human organs or tissues for transplantation, medical education, research, or therapy. See Louisiana Revised Statutes 40:1231.1
  • 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.
  • Tort: means any breach of duty or any negligent act or omission proximately causing injury or damage to another. See Louisiana Revised Statutes 40:1231.1
  • Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

    (a)  derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and

    (b)  is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Louisiana Revised Statutes 51:1431

  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Tutor: means any person acting as a fiduciary for a minor ward. See Louisiana Revised Statutes 29:351
  • 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
  • Unit: means immovable property, or a portion thereof, designated for separate occupancy. See Louisiana Revised Statutes 9:1131.2
  • University: means all campuses and divisions of the Louisiana State University and Agricultural and Mechanical College. See Louisiana Revised Statutes 11:952.1
  • University Retirement Plan: means the nonfunded University Retirement Plan established pursuant to regulations of the board of supervisors as in effect on the effective date of this funded system. See Louisiana Revised Statutes 11:952.1
  • Use period: means the increments of time into which a timeshare unit or the timeshare property is divided for the purpose of allocating rights of use and occupancy to the owners. See Louisiana Revised Statutes 9:1131.2
  • Venue: The geographical location in which a case is tried.
  • Veterans administration: means the veterans administration, its predecessors, or successors. See Louisiana Revised Statutes 29:351
  • 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.
  • Ward: means a beneficiary of the veterans administration. See Louisiana Revised Statutes 29:351
  • Wharf: means any structure built upon pilings extending along the shore and generally connected with the bank or shore along its length, with or without a sunshade or boathouse, built or maintained for the purpose of providing a berthing or mooring place for watercraft or for loading or unloading cargo or passengers onto or from watercraft or for fishing. See Louisiana Revised Statutes 41:1704
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.