Louisiana Revised Statutes > Title 34 > Chapter 4 – Ships and Water Craft

		Sections
Part I	Injury to Persons or Property	34:801 – 34:817
Part II	Miscellaneous	34:831 – 34:844
Part IV	Motorboats and Vessels	34:851.1 – 34:851.37
Part IV-A	Vessel and Motor Titling Act	34:852.1 – 34:852.23
Part V	Personal Watercraft Safety Act	34:855.1 – 34:855.5

Terms Used In Louisiana Revised Statutes > Title 34 > Chapter 4 - Ships and Water Craft

Abatement: means maintenance and repair, encapsulation, enclosure, or removal of friable asbestos-containing materials in school buildings. See Louisiana Revised Statutes 30:2343
Administrative adjudication: means adjudication and the adjudication process contained in the Administrative Procedure Act. See Louisiana Revised Statutes 46:437.3
Administrator: means the person who is responsible for the administration of the home service contract or the home service contract plan or who is responsible for any submission required by this Chapter. See Louisiana Revised Statutes 51:3142
Administrator: means the person who is responsible for the administration of the motor vehicle service contract or the motor vehicle service contract plan or who is responsible for any submission required by this Chapter. See Louisiana Revised Statutes 51:3162
Adult paraphernalia store: means an establishment that has as a substantial or significant portion of its stock clothing, objects, tools, toys, or any other items distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement. See Louisiana Revised Statutes 46:231
Adverse determination: means any of the following relative to a claim by a provider for payment for a healthcare service rendered by the provider to an enrollee of the Medicaid managed care organization:
(a) A decision by a managed care organization that denies a claim in whole or in part. See Louisiana Revised Statutes 46:460.51
Adverse determination: means any decision rendered by the recovery audit contractor that results in a payment to a provider for a claim or service being reduced either partially or completely. See Louisiana Revised Statutes 46:440.12
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 , when used with reference to a specified person, an entity that directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with the entity specified. See Louisiana Revised Statutes 45:1332
Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. See Louisiana Revised Statutes 42:1102
Agency head: means the chief executive or administrative officer of an agency or any member of a board or commission who exercises supervision over the agency. See Louisiana Revised Statutes 42:1102
Agent: means a person who is employed by or has a contractual relationship with a health care provider or who acts on behalf of the health care provider. See Louisiana Revised Statutes 46:437.3
Aggrieved person: includes any person who:
(a) Claims to have been injured by a discriminatory housing practice; or
(b) Believes that he will be injured by a discriminatory housing practice that is about to occur. See Louisiana Revised Statutes 51:2603
Agreement: means a written contractual agreement between the merchant and the third-party delivery service. See Louisiana Revised Statutes 51:3171
Allegation: something that someone says happened.
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.
Amusement attraction: means a movie theater, video arcade, or any other building, structure, or place principally devoted to activities providing amusement, pleasure, thrills, or excitement. See Louisiana Revised Statutes 46:231
Amusement ride: includes inflatables. See Louisiana Revised Statutes 46:231
Ancillary agreement: means any bond, insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other financial arrangement entered into in connection with the issuance or payment of system restoration bonds. See Louisiana Revised Statutes 45:1312
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicant: means a healthcare provider seeking to be approved or credentialed by a managed care organization to provide healthcare services to Medicaid enrollees. See Louisiana Revised Statutes 46:460.51
Applicant: means a parent or relative of the parent who applies for FITAP on behalf of a child. See Louisiana Revised Statutes 46:231
Asbestos: means the asbestiform varieties of: chyrsotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and actinolite. See Louisiana Revised Statutes 30:2343
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Automated teller machine: means an electronic hardware device that is capable of dispensing currency and responding to balance inquiries through the use of a magnetic stripe card issued by or on behalf of the state for distribution of assistance through an electronic benefits transfer system as described in this Subpart. See Louisiana Revised Statutes 46:231
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.
Bar: means a business that holds a Class A-General retail permit and the primary purpose of such business is to serve alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages. See Louisiana Revised Statutes 46:231
Basic health benefits plan: means coverage for basic hospital care, coverage for physician care, and coverage for health care which is determined by the Department of Economic Development to have a value of at least one dollar and twenty-five cents per hour and which is the same coverage as is provided to employees employed in a bona fide executive, administrative, or professional capacity by the employers who are exempt from the minimum wage and maximum hour requirements of the federal Fair Labor Standards Act, 29 U. See Louisiana Revised Statutes 51:3121
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}
Billing agent: means an agent who performs any or all of the health care provider's billing functions. See Louisiana Revised Statutes 46:437.3
Board: means the Board of Ethics. See Louisiana Revised Statutes 42:1102
Board: means the Louisiana Board of International Commerce. See Louisiana Revised Statutes 51:3132
Board: means the board of commissioners of the Tri-Parish Juvenile Justice Commission. See Louisiana Revised Statutes 15:1096
Business: means any individual, firm, joint venture, association, corporation, estate, partnership, business trust, receiver, syndicate, or any other legal business entity. See Louisiana Revised Statutes 51:3111
Business: means any individual, firm, joint venture, association, corporation, estate, partnership, business trust, receiver, syndicate, or any other legal business entity. See Louisiana Revised Statutes 51:3121
Cable service: means the one-way transmission to subscribers of video programming or other programming service and any subscriber interaction required for the selection or use of video programming or other programming service. See Louisiana Revised Statutes 45:1363
Cable service: means the one-way transmission to subscribers of video programming or other programming service and any subscriber interaction required for the selection or use of video programming or other programming service, but shall not include any video programming provided by a commercial mobile service provider. See Louisiana Revised Statutes 45:1611
Cable service provider: means any person or entity that provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of such system. See Louisiana Revised Statutes 45:1363
Cable service provider: means any person or entity that provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of that system. See Louisiana Revised Statutes 45:1611
Cable system: means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community but does not include the following facilities or systems:
(a) A facility that serves only to retransmit the television signals of one or more television broadcast stations. See Louisiana Revised Statutes 45:1363
Cable system: means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community but does not include the following facilities or systems:
(a) A facility that serves only to retransmit the television signals of one or more television broadcast stations. See Louisiana Revised Statutes 45:1611
Cash assistance: means funds that the department provides through the Family Independence Temporary Assistance Program and the Kinship Care Subsidy Program to eligible beneficiaries for the purpose of assisting those persons in meeting ongoing basic needs. See Louisiana Revised Statutes 46:231
Certificate: means the certificate of franchise authority issued by the secretary of state to a person or entity to provide cable service or video service in this state. See Louisiana Revised Statutes 45:1363
Certificate of documentation: means a certificate issued by the United States Coast Guard for a vessel documented under 46 U. See Louisiana Revised Statutes 34:852.2
Certificate of origin: means a document establishing the initial chain of ownership, such as a manufacturer's certificate of origin (MCO) or statement of origin (MSO), or an importer's certificate of origin (ICO) or statement of origin (ISO), or a builder's certification (Form CG-1261, under 46 C. See Louisiana Revised Statutes 34:852.2
Chambers: A judge's office.
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.
Child: means a person who has not reached age eighteen or otherwise been legally emancipated. See Louisiana Revised Statutes 46:1403
Claim: means any request or demand, whether under a contract or otherwise, for money or property, whether or not the state or department has title to the money or property, that is drawn in whole or in part on medical assistance programs funds that are either of the following:
(a) Presented to an officer, employee, or agent of the state or department. See Louisiana Revised Statutes 46:437.3
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.
commerce: means the advertising, offering for sale, sale, or distribution of any services, including educational 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 this state. See Louisiana Revised Statutes 51:3211
Commercial body art facility: means any location, place, area, or business, whether permanent or temporary, that provides consumers access to personal services workers who for remuneration perform any of the following procedures:
(a) Tattooing or inserting pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin. See Louisiana Revised Statutes 46:231
Commercial mobile service provider: means an interconnected radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, provided for profit and to the public or to a substantial portion of the public. See Louisiana Revised Statutes 45:1611
Commercial recording or audiovisual work: means a recording or audiovisual work whose owner, assignee, authorized agent, or licensee has disseminated or intends to disseminate for sale, rental, performance, or exhibition to the public, including under license, but does not include an excerpt consisting of less than substantially all of a recording or audiovisual work. See Louisiana Revised Statutes 51:3232
Commission: means the Emergency Response Commission appointed by the governor to implement the mandates of the Superfund Amendments and Reauthorization Act passed by the United States Congress in 1986. See Louisiana Revised Statutes 30:2363
Commission: means the Public Service Commission or, solely with respect to an electric or gas utility furnishing electric or natural gas service within the city of New Orleans, the council of the city of New Orleans, as applicable. See Louisiana Revised Statutes 45:1312
commission: when used in this Chapter means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:1501
Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:1611
Commission: means the Louisiana Wildlife and Fisheries Commission. See Louisiana Revised Statutes 34:851.2
commissioners: when used in this Chapter means the commissioners of the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:1501
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complainant: means that person who files a complaint pursuant to La. See Louisiana Revised Statutes 51:2603
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Conciliation: means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the attorney general or his designee. See Louisiana Revised Statutes 51:2603
Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Louisiana Revised Statutes 51:2603
Consumer: means a natural person who buys, other than for purposes of resale, any corporeal movable property, including a motor vehicle, that is distributed in commerce and that is normally used for personal, family, or household purposes and not for business or research purposes. See Louisiana Revised Statutes 51:3162
Consumer: means a person, business, or other entity who places an order for merchant products through the third-party delivery platform. See Louisiana Revised Statutes 51:3171
Consumer: means any individual who uses, purchases, or leases goods or services. See Louisiana Revised Statutes 51:3211
contract holder: means a person who is the purchaser or holder of a home service contract. See Louisiana Revised Statutes 51:3142
contract holder: means a person who is the purchaser or holder of a motor vehicle service contract. See Louisiana Revised Statutes 51:3162
Contributed proceeds: means the monies contributed by the corporation to a trust. See Louisiana Revised Statutes 45:1332
Conviction: A judgement of guilt against a criminal defendant.
Corporation: means the Louisiana Utilities Restoration Corporation. See Louisiana Revised Statutes 45:1312
Counterclaim: A claim that a defendant makes against a plaintiff.
Court: means the court that exercised juvenile jurisdiction over the child in need of care proceedings involving the youth prior to his eighteenth birthday. See Louisiana Revised Statutes 46:288.2
Cruise ship: means any commercial ship used for the domestic or international carriage of passengers. See Louisiana Revised Statutes 46:231
current status: includes valid, expired, cancelled, suspended, disqualified, active, inactive, member, nonmember, eligible, or ineligible. See Louisiana Revised Statutes 51:3211
CWSRF: means the water pollution control revolving loan fund previously established by Act No. See Louisiana Revised Statutes 30:2301
Dealer: means any person who engages wholly or in part in the business of buying, selling, or exchanging for value new or used vessels or outboard motors, or both, either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise. See Louisiana Revised Statutes 34:852.2
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Dental coordinated care network: means a managed care organization or prepaid coordinated care network, as defined in this Section, that provides or administers only dental benefits for Medicaid recipients. See Louisiana Revised Statutes 46:460.51
Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
Department: means the Department of Wildlife and Fisheries and its duly authorized representatives. See Louisiana Revised Statutes 34:852.2
Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:460.51
Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2301
Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2343
Department: means the Department of Public Safety and Corrections. See Louisiana Revised Statutes 30:2363
Department: means the Department of Economic Development unless otherwise designated. See Louisiana Revised Statutes 51:3111
Department: means the Department of Economic Development. See Louisiana Revised Statutes 51:3121
Department: means the Department of Economic Development. See Louisiana Revised Statutes 51:3132
Department: means the Department of Children and Family Services. See Louisiana Revised Statutes 46:231
Department: means the Department of Children and Family Services. See Louisiana Revised Statutes 46:288.2
Department: means the Department of Children and Family Services. See Louisiana Revised Statutes 46:322
Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:440.12
Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 45:1601
Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:437.3
Department: means the Department of Children and Family Services. See Louisiana Revised Statutes 46:1403
Dependent: A person dependent for support upon another.
Deputy secretary: means the deputy secretary for the office of public safety services in the Department of Public Safety and Corrections. See Louisiana Revised Statutes 30:2363
Digitized identification card: means a data file available on any mobile device which has connectivity to the internet through a state-approved application that allows the mobile device to download the data file from the Department of Public Safety and Corrections or an authorized representative of the Department of Public Safety and Corrections that contains all of the data elements visible on the face and back of a license or identification card and displays the current status of the license or identification card. See Louisiana Revised Statutes 51:3211
Disability: means , with respect to a person:
(i) A physical or mental impairment which substantially limits one or more of such person's major life activities. See Louisiana Revised Statutes 51:2603
Discharge: means the placing, releasing, spilling, percolating, draining, pumping, leaking, seeping, emitting, or other escaping of pollutants into the air, waters, subsurface water, or ground as the result of a prior act or omission; or the placing of pollutants into pits, drums, barrels, or similar containers under conditions and circumstances that leaking, seeping, draining, or escaping of the pollutants can be reasonably anticipated. See Louisiana Revised Statutes 30:2004
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Discriminatory housing practice: means an act that is unlawful pursuant to La. See Louisiana Revised Statutes 51:2603
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
District: means the Jefferson Parish Communication District as created by Act No. See Louisiana Revised Statutes 33:9125
Dwelling: means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon at any such building, structure, or portion thereof. See Louisiana Revised Statutes 51:2603
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 42:1102
Electric utility: means an "electric public utility" as defined in La. See Louisiana Revised Statutes 45:1312
Electronic dissemination: means initiating a transmission of, making available, or otherwise offering a commercial recording or audiovisual work for distribution, display, or performance through the internet or other digital network, regardless of whether another person has previously electronically disseminated the same commercial recording or audiovisual work. See Louisiana Revised Statutes 51:3232
Eligible recipient: means a political subdivision, public trust, agency or commission of the state, or a private entity, to the extent permitted by the federal act or federal regulations. See Louisiana Revised Statutes 30:2301
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Encapsulation: means coating, binding, or resurfacing asbestos-containing materials with a sealant to prevent the release of asbestos fibers. See Louisiana Revised Statutes 30:2343
Enclosure: means the erection of airtight and impact-resistant barriers to prevent the release of asbestos fibers into the air circulating in a building. See Louisiana Revised Statutes 30:2343
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.
Enrollee: means an individual who is enrolled in the Medicaid program. See Louisiana Revised Statutes 46:460.51
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.
Environment: includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things. See Louisiana Revised Statutes 30:2363
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Ex officio: Literally, by virtue of one's office.
Exchange access facilities: means all lines, or their equivalent wireless service, provided for by the service supplier for the provision of local exchange service. See Louisiana Revised Statutes 33:9125
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
Facility: means a pollution source or any public or private property or facility where an activity is conducted which is required to be regulated under this Subtitle and which does or has the potential to do any of the following:
(a) Emit air contaminants into the atmosphere. See Louisiana Revised Statutes 30:2004
Facility: means the physical premises used by the owner or operator in which the hazardous materials are manufactured, used, or stored. See Louisiana Revised Statutes 30:2363
Facility: means any juvenile detention facility, shelter care facility, or such other juvenile justice facility. See Louisiana Revised Statutes 15:1096
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.
False or fraudulent claim: means a claim which the health care provider or his billing agent submits knowing the claim to be false, fictitious, untrue, or misleading in regard to any material information. See Louisiana Revised Statutes 46:437.3
Familial status: means one or more individuals, who have not attained the age of eighteen years, being domiciled with:
(i) A parent or another person having legal custody of such individual or individuals; or
(ii) The designee of such parent or other person having such custody, with the written permission of such parent or other person. See Louisiana Revised Statutes 51:2603
Family Success Agreement: means the mutually developed contract between a FITAP recipient, on behalf of their family, and the department that sets forth mutual and time-bound responsibilities, expectations, activities, and goals designed to transition a participant from welfare to self-sufficiency. See Louisiana Revised Statutes 46:231
Federal act: means the Clean Water Act of 1972, as amended by the Water Quality Act of 1987, specifically Subchapter VI, Chapter 26 of Title 33 of the United States Code, and any amendments thereto relating to water pollution control revolving loan funds established by the respective states, including the CWSRF. See Louisiana Revised Statutes 30:2301
Federal regulations: means Part 35, Title 40 of the Code of Federal Regulations (40 C. See Louisiana Revised Statutes 30:2301
Federal Welfare Reform Act: means the federal Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, Public Law 104-193, and applicable changes due to its reauthorization. See Louisiana Revised Statutes 46:231
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}
Financing costs: means any of the following:
(a) Interest and acquisition, defeasance, or redemption premiums that are payable on system restoration bonds. See Louisiana Revised Statutes 45:1312
Financing order: means an order of the commission, if granted by the commission in its sole discretion, which allows for all of the following:
(a) The assessment, imposition, and periodic adjustment of system restoration charges by the corporation and the collection thereof by a utility as an agent on behalf of the corporation. See Louisiana Revised Statutes 45:1312
Financing party: means any holder of system restoration bonds, any party to or beneficiary of an ancillary agreement, and any trustee, collateral agent, or other person acting for the benefit of any of the foregoing. See Louisiana Revised Statutes 45:1312
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.
FITAP: means the cash assistance program. See Louisiana Revised Statutes 46:231
FNS: means the Food and Nutrition Service of the United States Department of Agriculture, the office of the federal government that administers SNAP. See Louisiana Revised Statutes 46:322
Franchise: means an initial authorization, or renewal of an authorization, issued by a franchising authority regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction and operation of a cable system, or other wireline facilities used to distribute video programming services, in the public rights of way. See Louisiana Revised Statutes 45:1363
Fund the district: means pay the expenses necessary to carry out all purposes of the district, including but not limited to identification of all streets, roads, highways, and dwelling places in the district and to provide for other communication enhancements for public safety agencies to decrease response time and improve effectiveness. See Louisiana Revised Statutes 33:9125
Gaming establishment: means a gambling casino and any other establishment which provides gaming activities that are subject to regulation by the Louisiana Gaming Control Board. See Louisiana Revised Statutes 46:231
Gas utility: means a local distributing system selling natural gas to retail customers. See Louisiana Revised Statutes 45:1312
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governing authority: means the governing authority of a parish. See Louisiana Revised Statutes 15:1096
Governing board: means that board of directors of the corporation which is established under La. See Louisiana Revised Statutes 45:1312
Governmental entity: means the state or any political subdivision which employs the public employee or employed the former public employee or to which the elected official is elected, as the case may be. See Louisiana Revised Statutes 42:1102
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
Grantor: The person who establishes a trust and places property into it.
Hazardous material: means any substance deemed a hazardous material or a hazardous substance and included on a list adopted by rule by the deputy secretary to include those materials deemed hazardous under the Comprehensive Environmental Response Compensation Liability Act (CERCLA), the Superfund Amendments and Reauthorization Act (SARA, Title III U. See Louisiana Revised Statutes 30:2363
Headquarters: means a principal or regional corporate office located or to be located in Louisiana, in which are based the principal or regional executive officers normally constituting a principal or regional headquarters providing corporate governance. See Louisiana Revised Statutes 51:3111
Headquarters jobs: means permanent full-time new executive, administrative, or professional jobs based at a headquarters and filled by residents of the state employed by a qualified business, and each job paying at least sixty thousand dollars per year or two hundred percent of the average annual wages paid by employers subject to the Louisiana Employment Security Law in the parish in which the headquarters is located, whichever is lower. See Louisiana Revised Statutes 51:3111
Health care provider: means any person furnishing or claiming to furnish a good, service, or supply under the medical assistance programs, any other person defined as a health care provider by federal or state law or by rule, and a provider-in-fact. See Louisiana Revised Statutes 46:437.3
his agency: when used in reference to the agency of a public servant shall mean:
(i) For public servants in the twenty principal departments of the executive branch of state government, the office in which such public servant carries out his primary responsibilities; except that in the case of the secretary, deputy secretary, or undersecretary of any such department and officials carrying out the responsibilities of such department officers it shall mean the department in which he serves; and except that in the case of public servants who are members or employees of a board or commission or who provide staff assistance to a board or commission, it shall mean the board or commission. See Louisiana Revised Statutes 42:1102
Home service contract: means a contract or agreement for a separately stated consideration for any duration to perform the service, repair, replacement, or maintenance of property or indemnification for service, repair, replacement, or maintenance, for the operational or structural failure of any residential property due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment or indemnity under limited circumstances. See Louisiana Revised Statutes 51:3142
Hospitalization: means the admission into a hospital as a patient for an overnight stay or emergency treatment at a hospital to the extent that the owner or operator requested such treatment or becomes aware of such treatment within twenty-four hours of the initiation of the relevant release. See Louisiana Revised Statutes 30:2363
Houseboat: means a vessel constructed for the primary purpose of a temporary or permanent dwelling without an effective means of propulsion for safe navigation. See Louisiana Revised Statutes 34:851.2
Hull identification number: means the number assigned to a vessel under Subpart C of 33 C. See Louisiana Revised Statutes 34:852.2
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.
Indigent: means any person who meets the state definition of indigent who would have qualified for indigent care in any general hospital owned and operated by the state of Louisiana prior to arrest and who is housed in any parish or municipal jail or detention facility or state prison, shall be treated in the nearest general hospital owned and operated by the state of Louisiana. See Louisiana Revised Statutes 46:17
Initiative: means the Louisiana International Commerce Initiative. See Louisiana Revised Statutes 51:3132
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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}
International commerce: means a two-tiered, integrated economic sector concentrating upon the state's unique position in world commerce. See Louisiana Revised Statutes 51:3132
International ports: means those ports, commonly known as deep draft ports, whose main function is waterborne commerce, both import and export, directly linked to world commerce. See Louisiana Revised Statutes 51:3132
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
Inventory form: means the reporting form adopted by the department, and completed by owners and operators, which contains certain requested information on hazardous materials and which is used in developing the information system mandated by this Chapter. See Louisiana Revised Statutes 30:2363
Issuance costs: means any of the following:
(a) Any initial payment made on issuance of, and any amount required to fund any system restoration sinking fund, reserve or overcollateralization fund, or other fund or account required by the documents pertaining to, system restoration bonds authorized by a financing order. See Louisiana Revised Statutes 45:1312
Issuer: means any Louisiana public corporation, public trust, or other entity that issues system restoration bonds approved by a financing order. See Louisiana Revised Statutes 45:1312
Jewelry: means an object or thing consisting of precious stones or precious metals worn as adornment or apparel, including costume jewelry. See Louisiana Revised Statutes 46:231
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.
knowingly: means that the person has actual knowledge of the information or acts in deliberate ignorance or reckless disregard of the truth or falsity of the information. See Louisiana Revised Statutes 46:437.3
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}
Legatee: A beneficiary of a decedent
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Lending entity: means the governmental or financial entity providing financing to a water cooperative. See Louisiana Revised Statutes 45:1601
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.
Lien creditor: means any of the following:
(a) A creditor that has acquired a lien on the property involved by attachment, sequestration, seizure, levy, or the like. See Louisiana Revised Statutes 45:1312
Lienholder: means a person holding a security interest. See Louisiana Revised Statutes 34:852.2
Likeness: means the logo, motto, or any identifiable symbols attributed and easily identified as belonging to a specific merchant. See Louisiana Revised Statutes 51:3171
Liquor store: means any retail establishment that sells exclusively or primarily intoxicating liquor. See Louisiana Revised Statutes 46:231
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local governmental subdivision: means any parish or municipality. See Louisiana Revised Statutes 45:1363
Louisiana Colonial Trails: means a system of trails or roads identified as the migration route of the Camino Real in the western part of the state from Natchitoches to the Texas border and the Harrisonburg Road from Natchitoches through east central Louisiana to the Mississippi River. See Louisiana Revised Statutes 56:1952
Managing employee: means a person who exercises operational or managerial control over, or who directly or indirectly conducts, the day-to-day operations of a health care provider. See Louisiana Revised Statutes 46:437.3
Manufacturer: means any person engaged in the business of manufacturing or importing new vessels or outboard motors for the purpose of sale or trade. See Louisiana Revised Statutes 34:852.2
Master plan: means the Master Plan of International Commerce. See Louisiana Revised Statutes 51:3132
Material: means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. See Louisiana Revised Statutes 46:437.3
Medical assistance programs: means the Medical Assistance Program (Title XIX of the Social Security Act), commonly referred to as "Medicaid" and other programs operated by and funded in the department which provide payment to health care providers. See Louisiana Revised Statutes 46:437.3
Merchant: means a restaurant or other retail entity. See Louisiana Revised Statutes 51:3171
Misrepresentation: means the knowing failure to truthfully or fully disclose any and all information required, or the concealment of any and all information required on a claim or a provider agreement or the making of a false or misleading statement to the department relative to the medical assistance programs. See Louisiana Revised Statutes 46:437.3
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Motor vehicle manufacturer: means a person who is any of the following:
(a) A manufacturer or producer of motor vehicles who sells motor vehicles under the manufacturer's or producer's own name or label. See Louisiana Revised Statutes 51:3162
Motor vehicle service contract: means a contract or agreement for a separately stated consideration for any duration to perform the service, repair, replacement, or maintenance of property or indemnification for service, repair, replacement, or maintenance, for the operational or structural failure of any motor vehicle due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment or indemnity under limited circumstances, including but not limited to towing, rental, and emergency road service and road hazard protection. See Louisiana Revised Statutes 51:3162
Motorboat: means any vessel equipped with or propelled by any type of machinery whether or not such machinery is the principal source of propulsion but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto, unless the vessel is a recreational use vessel. See Louisiana Revised Statutes 34:851.2
Nail salon: means a commercial establishment that provides nail services of any kind including but not limited to trimming, filing, decorating, shaping, sculpting, or in any way caring for the nails and skin of a person's hands or feet together with massaging the hands, arms, legs, and feet. See Louisiana Revised Statutes 46:231
New jobs: means permanent full-time direct new jobs based at the facilities designated in the contract and filled by residents of the state. See Louisiana Revised Statutes 51:3121
New payroll: means payment by the business to its employees for new jobs, exclusive of benefits, and defined as wages under Louisiana Employment Security Law (La. See Louisiana Revised Statutes 51:3121
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.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Obligation: means an established duty, whether or not fixed, arising from an express or implied contractual, grantor, grantee, or licensor-licensee relationship, from a free-based or similar relationship, from statute or regulation, or from the retention of any overpayment. See Louisiana Revised Statutes 46:437.3
Office: means the office of international commerce within the Department of Economic Development. See Louisiana Revised Statutes 51:3132
Omnimedia: refers to all manners in which and all sources from which a pollutant escapes into the environment, and for the purposes of this Chapter shall encompass any emission, effluent, or discharge which escapes into the air, water, or land, whether permitted or not. See Louisiana Revised Statutes 30:2293
Operate: means to navigate or otherwise use a motorboat or vessel. See Louisiana Revised Statutes 34:851.2
operation: means all operations of a vessel or outboard motor when it is at the pier, idle in the water, at anchor, or being propelled through the water. See Louisiana Revised Statutes 34:852.2
Order: means a final order imposed pursuant to an administrative adjudication. See Louisiana Revised Statutes 46:437.3
Outboard motor: means a mechanical combustion engine manufactured to produce a twenty-five or more horsepower engine and designed to attach outboard of the transom of a vessel. See Louisiana Revised Statutes 34:852.2
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means a person, other than a secured party, having property rights in, or title to, a vessel or outboard motor. See Louisiana Revised Statutes 34:852.2
Owner: means a person, other than a lien holder, having a property interest in or title to a motorboat. See Louisiana Revised Statutes 34:851.2
Owner or operator: means any person, partnership, or corporation in the state including, unless otherwise stated, the state and local government, or any of its agencies, authorities, departments, bureaus, or instrumentalities engaged in business or research operations which use, manufacture, emit, or store a hazardous material in a facility. See Louisiana Revised Statutes 30:2363
Ownership interest: means the possession, directly or indirectly, of equity in the capital or the stock, or the right to share in the profits, of a health care provider. See Louisiana Revised Statutes 46:437.3
Participant: means a recipient of SNAP benefits who participates in the pilot initiative provided for in this Subpart. See Louisiana Revised Statutes 46:322
Participating parish: means any parish which has entered into a participation agreement with the commission by which certain space within the facility is subleased to house juveniles from the participating parish. See Louisiana Revised Statutes 15:1096
Payment: means the payment to a health care provider from medical assistance programs funds pursuant to a claim, or the attempt to seek payment for a claim. See Louisiana Revised Statutes 46:437.3
Person: means an individual, partnership, firm, corporation, association, or other entity. See Louisiana Revised Statutes 34:851.2
Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
Person: means an individual or legal entity other than a governmental entity, or an agency thereof. See Louisiana Revised Statutes 42:1102
Person: means any natural person or individual, firm, partnership, corporation, association, limited liability company, or other entity. See Louisiana Revised Statutes 34:852.2
Person: includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. See Louisiana Revised Statutes 51:2603
Person: means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert. See Louisiana Revised Statutes 51:3142
Person: means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert. See Louisiana Revised Statutes 51:3162
Person: means any individual, firm, partnership, corporation, association, union, public or private education institution, or other organization, including but not limited to a bar or restaurant that is engaged in trade or commerce within the geographic boundaries of this state. See Louisiana Revised Statutes 51:3211
Personal property: All property that is not real property.
personal watercraft: means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel. See Louisiana Revised Statutes 34:855.2
Pilot initiative: means the workforce training and education pilot initiative provided for in this Subpart. See Louisiana Revised Statutes 46:322
Plaintiff: The person who files the complaint in a civil lawsuit.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Pledgee: means an issuer as pledgee of the corporation or an applicable financing party as pledgee of an issuer. See Louisiana Revised Statutes 45:1332
Point-of-sale terminal: means an electronic hardware device that meets all of the following criteria:
(a) May be utilized at a retailer's place of business where consumers pay for goods or services. See Louisiana Revised Statutes 46:231
Policy or procedure: shall mean a requirement governing the administration of managed care organizations specific to billing guidelines, medical management and utilization review guidelines, case management guidelines, claims processing guidelines and edits, grievance and appeals procedures and process, other guidelines or manuals containing pertinent information related to operations and pre-processing claims, and core benefits and services. See Louisiana Revised Statutes 46:460.51
Possesses: means the person has acquired rights in or title to a vessel or outboard motor by virtue of a gift, donation, raffle, or exchange or the person built the vessel or outboard motor themselves. See Louisiana Revised Statutes 34:852.2
Preferred interests: means preferred equity interests in a utility affiliate that pay preferred dividends to the trust that purchased those preferred equity interests. See Louisiana Revised Statutes 45:1332
Prepaid Coordinated Care Network: means a private entity that contracts with the department to provide Medicaid benefits and services to Louisiana Medicaid managed care program enrollees in exchange for a monthly prepaid capitated amount per member. See Louisiana Revised Statutes 46:460.51
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.
Primary care case management: means a system under which an entity contracts with the state to furnish case management services that include but are not limited to the location, coordination, and monitoring of primary healthcare services to Medicaid beneficiaries. See Louisiana Revised Statutes 46:460.51
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Program: means the Corporate Headquarters Relocation Program established pursuant to this Chapter. See Louisiana Revised Statutes 51:3111
Program: means the Competitive Projects Payroll Incentive Program. See Louisiana Revised Statutes 51:3121
Prohibited zone: means an area paralleling each side of the entire length of the Lake Pontchartrain Causeway Bridge and extending outward for a distance of one mile from both the most easterly and westerly outboard sides of the causeway bridge twin spans. See Louisiana Revised Statutes 34:851.2
Project: means but is not limited to the construction of a physical asset and associated infrastructure to be used in the course of the business of international commerce, a business activity such as a marketing effort or the development of a business relationship, or an executable strategy such as joint ventures between governmental and nongovernmental organizations or businesses. See Louisiana Revised Statutes 51:3132
Property: means any and all property, movable and immovable, corporeal and incorporeal. See Louisiana Revised Statutes 46:437.3
provider: means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution that provides healthcare or professional services to individuals enrolled in the Medicaid program. See Louisiana Revised Statutes 46:460.51
Provider: means a person who is contractually obligated to provide the services or indemnification under a home service contract. See Louisiana Revised Statutes 51:3142
Provider: means a person who is contractually obligated to provide the services or indemnification under a motor vehicle service contract. See Louisiana Revised Statutes 51:3162
Provider: means any healthcare entity enrolled with the department as a provider in the Medicaid program. See Louisiana Revised Statutes 46:440.12
Provider agreement: means a document which is required as a condition of enrollment or participation as a health care provider under the medical assistance programs. See Louisiana Revised Statutes 46:437.3
Provider fee: means the consideration paid for a home service contract. See Louisiana Revised Statutes 51:3142
Provider fee: means the consideration paid for a motor vehicle service contract. See Louisiana Revised Statutes 51:3162
Provider-in-fact: means an agent who directly or indirectly participates in management decisions, has an ownership interest in the health care provider, or other persons defined as a provider-in-fact by federal or state law or by rule. See Louisiana Revised Statutes 46:437.3
Psychic: means any person or establishment engaged in the occupation of occult science including a fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, or advisor who in any manner claims or pretends to tell fortunes or claims or pretends to disclose mental faculties of individuals for any form of compensation. See Louisiana Revised Statutes 46:231
Public employee: means anyone, whether compensated or not, who is:
(i) An administrative officer or official of a governmental entity who is not filling an elective office. See Louisiana Revised Statutes 42:1102
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 right of way: means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, or waterway. See Louisiana Revised Statutes 45:1363
Public safety agency: means law enforcement, fire, emergency medical services, and emergency preparedness services as designated by the parish of Jefferson. See Louisiana Revised Statutes 33:9125
Public servant: means a public employee or an elected official. See Louisiana Revised Statutes 42:1102
Purchase proceeds: means the proceeds received by a utility affiliate from the sale of its preferred interests to a trust. See Louisiana Revised Statutes 45:1332
Qualified business: means a business that (a) the secretary has determined meets the eligibility requirements of La. See Louisiana Revised Statutes 51:3111
Qualified business: means a business certified by the secretary as meeting the eligibility requirements of Subsection B of this Section, approved by the Joint Legislative Committee on the Budget to participate in the program, and executing a contract providing the terms and conditions for its participation. See Louisiana Revised Statutes 51:3121
qualified capital expenditures: means amounts classified as capital expenditures for federal income tax purposes related to the project plus exclusions from capitalization provided for in Internal Revenue Code Section 263 (a)(1)(A) through (L), minus the capitalized cost of land, capitalized leases of land, capitalized interest, capitalized costs of manufacturing machinery and equipment to the extent capitalized manufacturing machinery and equipment costs are excluded from sales and use tax pursuant to La. See Louisiana Revised Statutes 51:3121
radio common carrier: as used in this Chapter shall not be construed to mean a company operating under the provisions of Title 45, Chapter 8, of the Louisiana Revised Statutes, and no such radio common carrier shall have any of the powers, rights or duties provided for and prescribed by said Title 45, Chapter 8. See Louisiana Revised Statutes 45:1501
radio common carriers: when used in this Chapter includes every corporation, company, association, partnership and persons and lessees, trustees, or receivers, appointed by any court whatsoever owning, operating or managing a radio common carrier or public "for hire" radio service engaged in the business of providing a service of radio communications between mobile and base stations, between mobile and land stations, including land line telephones, between mobile stations or between land stations, but not engaged in the business of providing a public land line message telephone service or a public message telegraph service. See Louisiana Revised Statutes 45:1501
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Reasonably be expected to affect the public safety beyond the boundaries of the facility: means fire, explosion, incident, accident, or cleanup within a facility that may reasonably impact public safety beyond the facility, including but not limited to an impact of such nature as to require shelter-in-place orders, evacuations, immediate response by emergency responders, or off-site road closures. See Louisiana Revised Statutes 30:2363
Recipient: means the person who has received assistance under this Title. See Louisiana Revised Statutes 46:1
Recipient: means an individual who is eligible to receive health care through the medical assistance programs. See Louisiana Revised Statutes 46:437.3
Recoupment: means recovery through the reduction, in whole or in part, of payment to a health care provider. See Louisiana Revised Statutes 46:437.3
Recovery: means the recovery of overpayments, damages, fines, penalties, costs, expenses, restitution, attorney fees, or interest or settlement amounts. See Louisiana Revised Statutes 46:437.3
Reimbursement insurance policy: means a policy of insurance issued to a provider to do either of the following:
(a) Provide reimbursement to the provider pursuant to the terms of the insured motor vehicle service contracts issued or sold by the provider. See Louisiana Revised Statutes 51:3162
Related bonds: means , with respect to a trust, the system restoration bonds that funded the net proceeds transferred by an issuer to the corporation and then contributed by the corporation to that trust. See Louisiana Revised Statutes 45:1332
Related utility: means , with respect to a trust, the utility that is a beneficiary of such trust and that obtains a financing order pursuant to this Subpart. See Louisiana Revised Statutes 45:1332
Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous material or substance. See Louisiana Revised Statutes 30:2363
Relocation costs: means actual, direct, and substantiated costs incurred by the qualified business to relocate a headquarters to the state, including capital expenditures and leasing costs for a facility and equipment, and personnel relocation costs; provided that such personnel relocation costs shall not include any real estate commission in excess of six percent, but such limit shall not prevent a real estate commission less than six percent. See Louisiana Revised Statutes 51:3111
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Removal: means the removal or stripping of friable asbestos-containing materials in a building. See Louisiana Revised Statutes 30:2343
Repair: means patching or other work on asbestos-containing materials to eliminate damaged conditions that make fiber release more likely. See Louisiana Revised Statutes 30:2343
Reportable release: means a release of a regulated hazardous material or substance which causes any injury requiring hospitalization or any fatality, results in a fire or explosion which could reasonably be expected to affect the public safety beyond the boundaries of the facility, or exceeds the reportable quantity when that reportable quantity, as defined pursuant to rules promulgated by the deputy secretary, could be reasonably expected to escape beyond the site of the facility. See Louisiana Revised Statutes 30:2363
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.
Residential consumer: means an individual or family eligible for utility relief under the provisions of Title III of P. See Louisiana Revised Statutes 46:192
Respondent: means the person or other entity accused in a complaint of a discriminatory housing practice, or, any other person or entity identified in the course of an investigation and notified that they are a respondent who shall be joined in the complaint. See Louisiana Revised Statutes 51:2603
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Road hazard: means a hazard that is encountered while driving a motor vehicle including but not limited to potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps. See Louisiana Revised Statutes 51:3162
Rule: means any rule or regulation promulgated by the department in accordance with the Administrative Procedure Act and any federal rule or regulation promulgated by the federal government in accordance with federal law. See Louisiana Revised Statutes 46:437.3
Sailboat: means any watercraft propelled by sail or canvas. See Louisiana Revised Statutes 34:851.2
Sanction: shall include but is not limited to any or all of the following:
(a) Recoupment. See Louisiana Revised Statutes 46:437.3
School: means any public or private day or residential school that provides elementary, secondary, college, or post graduate education as determined under state law, or any school of any agency of the United States. See Louisiana Revised Statutes 30:2343
Secretary: means the secretary of the Louisiana Department of Health, or his authorized designee. See Louisiana Revised Statutes 46:437.3
Secretary: means the secretary of the Department of Wildlife and Fisheries. See Louisiana Revised Statutes 34:851.2
Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 46:460.51
Secretary: means the secretary of the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
Secretary: means the secretary of the Department of Economic Development. See Louisiana Revised Statutes 51:3111
Secretary: means the secretary of the Department of Economic Development. See Louisiana Revised Statutes 51:3121
Secretary: means the secretary of the Department of Economic Development. See Louisiana Revised Statutes 51:3132
Secretary: means the secretary of the Department of Children and Family Services. See Louisiana Revised Statutes 46:231
Secretary or attorney general: means that either party is authorized to institute a proceeding or take other authorized action as provided in this Part pursuant to a memorandum of understanding between the two so as to notify the public as to whether the secretary or the attorney general is the deciding or controlling party in the proceeding or other authorized matter. See Louisiana Revised Statutes 46:437.3
Security interest: means an interest that is reserved or created by an agreement that secures payment or performance of an obligation. See Louisiana Revised Statutes 34:852.2
Service: means the performance of work, duties, or responsibilities, or the leasing, rental, or sale of movable or immovable property. See Louisiana Revised Statutes 42:1102
Service of process: The service of writs or summonses to the appropriate party.
Service supplier: means any person providing any of the following:
(a) A landline exchange telephone service. See Louisiana Revised Statutes 33:9125
services: means the services, items, supplies, or drugs for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease. See Louisiana Revised Statutes 46:460.51
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.
Sexually oriented business: means any commercial enterprise that has as its primary business the offering of a service or the sale, rent, or exhibit of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. See Louisiana Revised Statutes 46:231
Significant positive economic benefit: means net positive tax revenue. See Louisiana Revised Statutes 51:3121
Small business: means a single business establishment employing not more than nine full-time employees and having not more than two million dollars in average annual gross receipts. See Louisiana Revised Statutes 30:2363
SNAP: means the Supplemental Nutrition Assistance Program administered at the federal level by the Food and Nutrition Service of the United States Department of Agriculture and at the state level by the Louisiana Department of Children and Family Services. See Louisiana Revised Statutes 46:322
Specialized provider: means a child-placing agency, maternity home, or residential home. See Louisiana Revised Statutes 46:1403
Standardized information: means the customary universal data concerning an applicant's identity, education, and professional experience relative to a managed care organization's credentialing process including but not limited to name, address, telephone number, date of birth, social security number, educational background, state licensing board number, residency program, internship, specialty, subspecialty, fellowship, or certification by a regional or national healthcare or medical specialty college, association or society, prior and current place of employment, an adverse medical review panel opinion, a pending professional liability lawsuit, final disposition of a professional liability settlement or judgment, and information mandated by health insurance issuer accrediting organizations. See Louisiana Revised Statutes 46:460.51
State: means the state of Louisiana. See Louisiana Revised Statutes 51:3111
State: means the state of Louisiana. See Louisiana Revised Statutes 45:1312
Statute: A law passed by a legislature.
STEP: means the education, employment, training and related services program for families receiving cash assistance payments. See Louisiana Revised Statutes 46:231
Storm: means a named tropical storm or hurricane, ice or snow storm, flood, or other significant weather or natural disaster that occurred during calendar year 2005 or that occurs thereafter. See Louisiana Revised Statutes 45:1312
Storm damage reserve: means a utility's storm reserve or such other similar reserve established pursuant to order or rule of the commission. See Louisiana Revised Statutes 45:1312
Subpoena: A command to a witness to appear and give testimony.
System restoration activity: means any activity or activities by or on behalf of a utility in connection with the restoration of service associated with utility outages affecting customers of a utility as the result of a storm or storms, including but not limited to mobilization, staging, and construction, reconstruction, replacement, or repair of generation, transmission, distribution, or general plant facilities. See Louisiana Revised Statutes 45:1312
System restoration bonds: means bonds, notes, certificates of participation, or other evidences of indebtedness that are issued pursuant to this Part by an issuer at the request of the corporation and a utility, and authorized by a financing order, the net proceeds of which are transferred to the corporation and used as provided in this Part, and which are secured by and payable from system restoration property. See Louisiana Revised Statutes 45:1312
System restoration charge: means the nonbypassable charges, if determined appropriate by the commission and provided for in a financing order, to be assessed by the corporation on, and collected by the utility or other collection agent from, all existing and future customers of a utility, and periodically adjusted, in an amount sufficient at all times to pay the principal of and interest on particular system restoration bonds as the same shall become due and payable, all other financing costs, and any other costs as necessary to otherwise ensure the timely payment of such system restoration bonds, all as the commission may authorize in a financing order. See Louisiana Revised Statutes 45:1312
System restoration costs: means , if requested by the utility, and as may be approved by the commission, those prudent incremental costs incurred or to be incurred by a utility in undertaking a system restoration activity, including associated carrying costs. See Louisiana Revised Statutes 45:1312
System restoration property: means all of the following:
(a) All rights and interests of the corporation arising out of this Part, including the right to receive system restoration charges billed and collected by the utility on the behalf of the corporation as authorized in the financing order, the right to enforce the obligations of the utility to collect and service the system restoration charges, and the right to obtain periodic adjustments to such charges as provided in the financing order and this Part. See Louisiana Revised Statutes 45:1312
TANF: means the federal block grant program established under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, and applicable changes due to its reauthorization. See Louisiana Revised Statutes 46:231
Tariff rate: means the rate or rates billed by a service supplier as stated in the landline exchange telephone service supplier's tariffs and approved by the Public Service Commission, which represent the service supplier's recurring charges for landline exchange access facilities, exclusive of all taxes, fees, licenses, or similar charges whatsoever. See Louisiana Revised Statutes 33:9125
Telehealth: has the meaning ascribed in La. See Louisiana Revised Statutes 46:460.51
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.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Third-party delivery platform: means the online communication platform of the third-party delivery service on which a consumer can view and search the menus of merchants and place an order for merchant products through internet-enabled technology and digital media, including websites and consumer applications accessible through smart phones and other mobile devices. See Louisiana Revised Statutes 51:3171
Third-party delivery service: means a company, organization, or other entity, other than a merchant, that is licensed to do business in this state and provides limited delivery services to a consumer. See Louisiana Revised Statutes 51:3171
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trust: means an express special public trust created only pursuant to and in compliance with the provisions of this Subpart. See Louisiana Revised Statutes 45:1332
Trust agreement: means , with respect to a trust, the written instrument that created the trust together with all proper amendments. See Louisiana Revised Statutes 45:1332
Trustee: A person or institution holding and administering property in trust.
under common control with: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity whether through the ownership of voting securities, by contract, or otherwise. See Louisiana Revised Statutes 45:1332
Undocumented vessel: means a vessel for which a certificate of documentation has not been issued by the United States Coast Guard under 46 U. See Louisiana Revised Statutes 34:852.2
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}
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
Utility: means any publicly owned, investor-owned, cooperative or municipally controlled company, corporation, partnership, business, system, or person which supplies gas or electricity or both to residential consumers in Louisiana. See Louisiana Revised Statutes 46:192
Utility: means an electric utility or a gas utility. See Louisiana Revised Statutes 45:1312
Utility affiliate: means an affiliate of the utility that obtains a financing order pursuant to this Subpart. See Louisiana Revised Statutes 45:1332
Venue: The geographical location in which a case is tried.
verification supporting statement: means the documentation confirming the information submitted by an applicant for a credentialing application from a specifically named entity or a regional, national, or general data depository providing primary source verification including but not limited to a college, university, medical school, teaching hospital, healthcare facility or institution, state licensing board, federal agency or department, professional liability insurer, or the National Practitioner Data Bank. See Louisiana Revised Statutes 46:460.51
Vessel: means watercraft and air boats of every description, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Louisiana Revised Statutes 34:851.2
Vessel: means every description of watercraft and air boats, including homemade boats, other than a seaplane on the water, used or capable of being used as a means of transportation on water, valued in excess of two thousand five hundred dollars, to be principally operated on the waters of this state, required to be numbered, not held as inventory for sale or lease, and transferred for the first time on or after July 1, 2008. See Louisiana Revised Statutes 34:852.2
Video programming: means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. See Louisiana Revised Statutes 45:1363
Video programming: means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. See Louisiana Revised Statutes 45:1611
Video service: means video programming services provided by a video service provider through wireline facilities located at least in part in the public rights of way without regard to delivery technology, including internet protocol technology. See Louisiana Revised Statutes 45:1363
Video service: means any video programming service provided through wireline facilities located at least in part in the public rights-of-way without regard to delivery technology, including internet protocol technology. See Louisiana Revised Statutes 45:1611
Video service provider: means any entity providing video service. See Louisiana Revised Statutes 45:1363
Video service provider: means any entity providing video service. See Louisiana Revised Statutes 45:1611
Warranty: means a warranty made solely by the manufacturer, importer, or seller of property or services, including builders on new home construction, without consideration, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property, or repetition of services. See Louisiana Revised Statutes 51:3142
Warranty: means a warranty made solely by the motor vehicle manufacturer, importer, or seller of a vehicle that is not negotiated or separated from the sale of the vehicle and is incidental to the sale of the vehicle, that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the vehicle, or repetition of services. See Louisiana Revised Statutes 51:3162
Waste: means all nonproduct outputs from all environmental media, even though they may be within permitted or licensed limits. See Louisiana Revised Statutes 30:2293
Waste reduction: means in-plant practices that reduce, avoid, or eliminate the generation of hazardous or solid waste so as to reduce the risks to human health and the environment. See Louisiana Revised Statutes 30:2293
Water cooperative: means any nonprofit water utility cooperative or corporation that is wholly owned by water user members and eligible to receive financing from a lending entity. See Louisiana Revised Statutes 45:1601
Watercraft: means any contrivance used or designated for navigation on water. See Louisiana Revised Statutes 34:851.2
Waters of the state: means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state. See Louisiana Revised Statutes 34:851.2
Website: means a set of related webpages served from a single web domain. See Louisiana Revised Statutes 51:3232
Withhold payment: means to reduce or adjust the amount, in whole or in part, to be paid to a health care provider for a pending or future claim during the time of a criminal, civil, or departmental investigation or proceeding or claims review of the health care provider. See Louisiana Revised Statutes 46:437.3
Work-eligible: refers to families containing an adult under sixty years of age, or teen head of household, that is not disabled, incapacitated, or caring for a family member who is disabled or incapacitated as documented by a medical expert to which the status of disability is clearly established and explained. See Louisiana Revised Statutes 46:231
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Youth: means an individual who was adjudicated as a child in need of care, was in foster care in the department's custody on the day before his eighteenth birthday, and is at least eighteen years of age but less than twenty-one years of age. See Louisiana Revised Statutes 46:288.2

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Louisiana Revised Statutes > Title 34 > Chapter 4 – Ships and Water Craft

Terms Used In Louisiana Revised Statutes > Title 34 > Chapter 4 - Ships and Water Craft

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