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Louisiana Revised Statutes > Title 9 > CODE TITLE IX – Of Persons Incapable of Administering Their Estates, Whether On Account of Insanity or Some Other Infirmity, and of Their Interdiction and Curatorship

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Chapter 1 Interdiction 9:1021 – 9:1034

Terms Used In Louisiana Revised Statutes > Title 9 > CODE TITLE IX

  • Accumulated contributions: means the sum of all amounts deducted from a member's compensation and credited to his individual account in the annuity savings fund. See Louisiana Revised Statutes 11:1902
  • Accumulated 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
  • Actuarial equivalent: shall mean a benefit of equivalent value to the accumulated contributions, annuity, or benefits, as the case may be, computed on the basis of such mortality and interest tables as shall be adopted by the board of trustees in accordance with the provisions of R. See Louisiana Revised Statutes 11:1902
  • Adopter: means a person who is legally competent to enter into a contract and who is adopting or buying a dog or cat from a releasing agency. See Louisiana Revised Statutes 3:2471
  • Adult animal: means any dog or cat that has reached the age of one hundred eighty days or six months or more. See Louisiana Revised Statutes 3:2471
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means any governmental body employing persons and includes departments, agencies, boards, commissions, and courts. See Louisiana Revised Statutes 11:403
  • Agreement: means the document of participation between a participating employer and the board, that sets forth the requirements and procedures for covering the employees of such participating employer under this system. See Louisiana Revised Statutes 11:1902
  • Animal dealer: means a person who receives payment for the transportation or delivery for transportation of any living or dead animal or who buys, sells, or negotiates the purchase or sale of any living or dead animal for research, teaching, exhibition, or biological supply. See Louisiana Revised Statutes 3:2462
  • Animal shelter: means any building, structure, site, enclosure, or other facility used or operated for the housing or keeping of any stray, homeless, abandoned, or unwanted animals including any facility designated by the parish governing authority for the keeping or housing of any impounded animals. See Louisiana Revised Statutes 3:2462
  • 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.
  • Appointed official: means a person holding an appointive position or office with any department, board, commission, or agency of the state, or of any political subdivision or municipal corporation, when the office or position is established by the constitution or laws of this state. See Louisiana Revised Statutes 29:403
  • Appraisal: A determination of property value.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Basket: means a one and one-half bushel circular container that may be used for the measurement of oysters to be sold or purchased. See Louisiana Revised Statutes 3:4602
  • Beneficiary: means the person designated in writing by a member to receive any benefits to which he may be entitled under this Chapter. See Louisiana Revised Statutes 11:1902
  • 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
  • Biological supply facility: means any blood bank, laboratory, firm, association, corporation, copartnership, or educational institution that sells biological materials, including blood or living or dead animals, to research facilities, educational institutions, or veterinarians. See Louisiana Revised Statutes 3:2462
  • Board: means the Board of Supervisors of Community and Technical Colleges. See Louisiana Revised Statutes 17:3394.2
  • Board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:3822
  • Board: means the Board of Trustees of the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • Board: means the Louisiana Board of International Commerce. See Louisiana Revised Statutes 51:3132
  • board of trustees: means the board of trustees of this system. See Louisiana Revised Statutes 11:1902
  • Carrier: means operating companies, railroads, trucking companies, barge lines, stevedoring companies, shipping lines, and all companies transporting, storing, or shipping goods and other products, whether by rail, truck, barge, oceangoing vessel, or otherwise. See Louisiana Revised Statutes 34:1963
  • 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.
  • Charter school: means an independent public school that provides a program of elementary or secondary education, or both, established pursuant to and in accordance with the provisions of this Chapter to provide a learning environment that will improve pupil achievement. See Louisiana Revised Statutes 17:3973
  • Chartering authority: means either a local school board or the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:3973
  • Commission: means the governing authority of St. See Louisiana Revised Statutes 15:1098.2
  • Commissioner: means the commissioner of the Department of Agriculture and Forestry, or his duly authorized representatives acting at his discretion. See Louisiana Revised Statutes 3:4602
  • Committee: means the Teacher Incentive Pay Models Program Advisory Committee. See Louisiana Revised Statutes 17:3822
  • Common elements: means the portion of the condominium property not a part of the individual units. See Louisiana Revised Statutes 9:1121.103
  • Company: means any foreign domiciled or based entity, real or juridical, which is not a subsidiary of nor owned in whole or in part by any domestic company, and which is engaged in an enterprise for financial gain. See Louisiana Revised Statutes 11:312
  • Compensation: means normal or regular base pay, but does not include overtime, per diem, differential pay, or any other allowance for other expense. See Louisiana Revised Statutes 29:403
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Condominium property: means all interests in land, improvements thereon, and all servitudes and rights attaching to the condominium. See Louisiana Revised Statutes 9:1121.103
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Corporation: means the nonprofit corporation which may be utilized to accomplish the purposes of this Part. See Louisiana Revised Statutes 17:3394.2
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Creditable service: means all periods of time for which credit is allowed towards any benefits of this Chapter. See Louisiana Revised Statutes 11:1902
  • Creditable service: means prior service plus membership service for which credit is allowable as provided in this Chapter. See Louisiana Revised Statutes 11:403
  • declaration: means the instrument by which immovable property is made subject to this Part. See Louisiana Revised Statutes 9:1121.103
  • Department: means the Department of Children and Family Services, office of children and family services. See Louisiana Revised Statutes 9:315.40
  • Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
  • Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:4602
  • Department: means the Department of Education. See Louisiana Revised Statutes 17:3602
  • Department: means the state Department of Education. See Louisiana Revised Statutes 17:3822
  • Department: means the Department of Economic Development. See Louisiana Revised Statutes 51:3132
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Disability: means a physical or mental impairment, which substantially limits one or more of the major life activities, or a record of such impairment. See Louisiana Revised Statutes 29:403
  • Disability: means a condition which in the determination of the board renders an employee permanently and totally disabled, by bodily injury or disease, from performing the duties and responsibilities of his position; provided, however, that such condition is not, directly or indirectly, the result of military service, engaging in a felonious criminal enterprise, habitual drunkenness or use of narcotics, intentionally self-inflicted injury, or declared war or enemy action. See Louisiana Revised Statutes 11:1902
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division of administration: means the division of administration created within the office of the governor by Title 39 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 17:3394.2
  • Donee: The recipient of a gift.
  • Earnings: shall mean the full rate of compensation paid to the member (employee); however, in computing the earnings of an employee for retirement purposes, the amount of overtime earnings to be used in the computation of earnings cannot exceed the average amount of overtime earnings received for the six-year period immediately preceding retirement. See Louisiana Revised Statutes 11:1902
  • Economically disadvantaged: means any one of the following characteristics of a student:

                (a) Is eligible for Louisiana's food assistance program for low-income families. See Louisiana Revised Statutes 17:3973

  • Employee: means any person employed by any private or public employer. See Louisiana Revised Statutes 29:403
  • Employee: means any person who is employed as a permanent employee of a parish who works at least twenty-eight hours a week and whose compensation is paid wholly or partly by said parish, but excluding all persons employed by a parish or city school board, and all persons eligible for any other public retirement system in this state. See Louisiana Revised Statutes 11:1902
  • Employee: means any person legally occupying a position in the state service. See Louisiana Revised Statutes 11:403
  • Employer: means any parish in the state of Louisiana, excepting Orleans and East Baton Rouge Parishes, or the police jury or any other governing body of a parish which employs and pays persons serving the parish. See Louisiana Revised Statutes 11:1902
  • 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
  • Employment: means a position as an employee with any private or public employer. See Louisiana Revised Statutes 29:403
  • euthanize: means the act of inducing a painless death upon an animal in a humane manner. See Louisiana Revised Statutes 3:2462
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Foster youth: means any individual in the care, custody, or guardianship of the Department of Children and Family Services in the foster care program for any six of the seventy-two months immediately prior to his eighteenth birthday. See Louisiana Revised Statutes 17:3399.21
  • 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
  • Improvements: means the repairs, maintenance, and construction of facilities and on property, whether movable or immovable, owned, operated, leased, or administered by the port commission. See Louisiana Revised Statutes 34:1963
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • License: means any license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority for any of the following:

    (a)  To engage in a profession, occupation, business, or industry. See Louisiana Revised Statutes 9:315.40

  • Licensing authority: means any state board, commission, department, agency, officer, or other entity which issues, authorizes, or otherwise regulates licenses as defined in Paragraph (4) of this Section. See Louisiana Revised Statutes 9:315.40
  • Local school board: means any city, parish, or other local public school board. See Louisiana Revised Statutes 17:3973
  • Local superintendent: means the appropriate city or parish school superintendent. See Louisiana Revised Statutes 17:3822
  • Local system: means the appropriate city or parish school board or system. See Louisiana Revised Statutes 17:3822
  • Maintenance expenses: means any and all expenditure of funds by the port commission appertaining in any manner to the repairs and maintenance of the facilities and property, whether immovable or movable, owned, operated, leased, or administered by the port commission, including but not limited to grounds keeping, grounds improvements, roadbed repairs, facility repairs, and other such related items. See Louisiana Revised Statutes 34:1963
  • Master plan: means the Master Plan of International Commerce. See Louisiana Revised Statutes 51:3132
  • Member: means a contributing employee who is covered under the provisions of this Chapter. See Louisiana Revised Statutes 11:1902
  • Member: means any person included in the membership of the system. See Louisiana Revised Statutes 11:403
  • 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.
  • 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
  • Net weight: means the weight of the commodity excluding any materials, substances, or items not considered to be part of the commodity. See Louisiana Revised Statutes 3:4602
  • Obligor: means any individual legally obligated to support a child or children pursuant to an order of support. See Louisiana Revised Statutes 9:315.40
  • Office: means the office of international commerce within the Department of Economic Development. See Louisiana Revised Statutes 51:3132
  • Operating companies: means a person, company, or entity performing or furnishing services for the port commission related to the operations of facilities owned, leased, operated, or administered by the port commission. See Louisiana Revised Statutes 34:1963
  • Operator: means the individual, as determined by the committee of certification, in attendance on site of a water supply system or a sewerage system and whose performance, judgment, and direction affects either the safety, sanitary quality, or quantity of water or sewage treated or delivered. See Louisiana Revised Statutes 40:1281.1
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Package: means any commodity packed or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale. See Louisiana Revised Statutes 3:4602
  • Parish: means St. See Louisiana Revised Statutes 15:1098.2
  • Part-time employee: means any employee who is a part-time, seasonal, or temporary employee as defined in 26 CFR 31:3121(b)(7)-2, or in any successor regulations. See Louisiana Revised Statutes 11:403
  • 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 both plural and singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations

                (14)(a) Except as provided in Subparagraph (b) of this Paragraph, "petroleum product" means any refined hydrocarbon mixture including motor oil, kerosene, gasoline, gasohol, diesel fuel, aviation fuel, heating kerosene, and any blend of two or more refined hydrocarbon mixtures except liquefied petroleum gas and natural gas. See Louisiana Revised Statutes 3:4602

  • Person: means an individual, corporation, or association. See Louisiana Revised Statutes 3:2462
  • Pilot program: means a pilot teacher incentive pay program submitted, approved, or undertaken pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 17:3822
  • Plan: means an uncompleted professional improvement program. See Louisiana Revised Statutes 17:3602
  • Plan A: means the revised plan to replace a combination of the regular and supplemental plans, to be effective January 1, 1980, as outlined in Part III. See Louisiana Revised Statutes 11:1902
  • Plan B: means the revised plan to replace the regular plan, to be effective January 1, 1980, as outlined in Part IV. See Louisiana Revised Statutes 11:1902
  • Plan C: means the plan to be effective July 1, 1997, as outlined in Part IV-A of this Chapter. See Louisiana Revised Statutes 11:1902
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Position: means any office or any employment in the state service. See Louisiana Revised Statutes 11:403
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Primary enclosure: means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment, or hutch. See Louisiana Revised Statutes 3:2462
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Program: means a completed five-year professional improvement program, or refers to the subject of this Chapter. See Louisiana Revised Statutes 17:3602
  • Program: means the Teacher Incentive Pay Models Program established in this Chapter. See Louisiana Revised Statutes 17:3822
  • Prohibited nation: means Iran, North Korea, Sudan, or Syria. See Louisiana Revised Statutes 11:312
  • 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
  • Project: means the acquisition, purchase, construction, renovation, improvement, or expansion of a public facility, to be financed as authorized and provided in this Part and R. See Louisiana Revised Statutes 17:3394.2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public facilities: means buildings, equipment, and other permanent property or immovable property of the colleges within the Louisiana Community and Technical College System, as specifically identified in R. See Louisiana Revised Statutes 17:3394.2
  • Public School: means any public elementary, middle, junior high, or high school in this state. See Louisiana Revised Statutes 17:3602
  • Public service organization: means any community-based group of fifty or more persons incorporated under the laws of this state that meets all of the following requirements:

                (a) Has a charitable, eleemosynary, or philanthropic purpose. See Louisiana Revised Statutes 17:3973

  • 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 plan: means the original plan that became effective upon the establishment of the retirement system in 1953, as amended, excluding the supplemental plan. See Louisiana Revised Statutes 11:1902
  • Releasing agency: means an animal pound, shelter, humane organization, or animal control agency, whether public or private. See Louisiana Revised Statutes 3:2471
  • Repairs: means those activities necessary to maintain any and all facilities and real property owned, operated, leased, or administered by the port commission in a workable, functional, or operational condition. See Louisiana Revised Statutes 34:1963
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Research facility: means any school, institution, organization, or person that uses or intends to use animals in research or experiments. See Louisiana Revised Statutes 3:2462
  • 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 system: means the Parochial Employees' Retirement System of Louisiana, established as of January 1, 1953, defined in Chapter 5, Title 11 of the Louisiana Revised Statutes, and as subsequently amended. See Louisiana Revised Statutes 11:1902
  • Revision date: means January 1, 1980, the effective date of the establishment of Plan A and Plan B. See Louisiana Revised Statutes 11:1902
  • Secretary: means the secretary of the Department of Economic Development. See Louisiana Revised Statutes 51:3132
  • Service date: means the date of enrollment of a member into the system. See Louisiana Revised Statutes 11:1902
  • Service in the uniformed services: means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty. See Louisiana Revised Statutes 29:403
  • Sewerage system: means a system of piping and appurtenances, including sewage treatment facilities, for collecting and conveying wastewater from source to discharge. See Louisiana Revised Statutes 40:1281.1
  • Social media account: means an internet-based service that allows individuals to do the following:

                (a) Construct a public or semi-public profile within a bounded system created by the service. See Louisiana Revised Statutes 3:2462

  • State: means the state of Louisiana. See Louisiana Revised Statutes 11:403
  • State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:3973
  • State health officer: means the secretary of the Louisiana Department of Health, hereinafter referred to as the "department" or his designee as provided in R. See Louisiana Revised Statutes 40:1281.1
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Sterilization: means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce. See Louisiana Revised Statutes 3:2471
  • Stevedoring company: means a person, company, or entity performing or furnishing the necessary equipment and manpower to load, unload, transport, or ship goods, products, or commodities. See Louisiana Revised Statutes 34:1963
  • Superintendent: means the state superintendent of education. See Louisiana Revised Statutes 17:3822
  • Supplemental plan: means the supplementary plan established by Act No. See Louisiana Revised Statutes 11:1902
  • System: means the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • Teacher: means any public school classroom teacher, librarian, guidance counselor, secondary vocational instructor, principal, assistant principal, or other personnel for whom a valid Louisiana teaching certificate is required for employment; any teacher in an institution which offers thirteenth and fourteenth grade instruction; any speech therapist who possesses a valid Louisiana ancillary certificate issued by the State Board of Elementary and Secondary Education; and any instructor seeking to continue in the program who has been transferred from the Department of Public Safety and Corrections to vocational-technical schools under the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:3602
  • Teaching certificate: means a certificate issued by the department to school personnel pursuant to the requirements fixed by the department or by law. See Louisiana Revised Statutes 17:3602
  • Termination: means complete cessation of employment with the state. See Louisiana Revised Statutes 11:403
  • Uniformed services: means the armed forces of the United States as defined by 10 U. See Louisiana Revised Statutes 29:403
  • Unit: means a part of the condominium property subject to individual ownership. See Louisiana Revised Statutes 9:1121.103
  • 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

Louisiana Revised Statutes > Title 9 > CODE TITLE IX – Of Lease

Sections
Chapter 1 Leases 9:3201 – 9:3261.1
Chapter 2 Leases of Movables 9:3301 – 9:3342
Chapter 3 Rental-Purchase Agreements 9:3351 – 9:3362
Chapter 4 Sale/lease-Back Commercial Transactions 9:3371 – 9:3372
Chapter 5 Removal and Preservation of Property During Emergencies and Disasters 9:3391

Terms Used In Louisiana Revised Statutes > Title 9 > CODE TITLE IX

  • Abatement: means maintenance and repair, encapsulation, enclosure, or removal of friable asbestos-containing materials in school buildings. See Louisiana Revised Statutes 30:2343
  • Accumulated Contributions: means the sum of all the amounts deducted from the compensation of a member plus any interest which has been credited to his individual account in the annuity savings fund plus amounts credited to his account. See Louisiana Revised Statutes 11:701
  • 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
  • Accumulated employee contributions: means the sum of all amounts deducted from a member's salary and paid to the fund. See Louisiana Revised Statutes 11:1402
  • Act of donation: means the "Act of Donation by BP America Production Company to the State of Louisiana" dated July 8, 2002, and recorded July 11, 2002, in the conveyance records of Vermilion Parish, bearing entry number 20208337 in which the property in and around White Lake, located in Vermilion Parish, was donated to the state. See Louisiana Revised Statutes 56:799.2
  • 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
  • Activity: means a distinct subset of functions or services within a program. See Louisiana Revised Statutes 39:2
  • Actuarial equivalent: means a benefit of equivalent value to the accumulated contributions, annuity, or benefits, as the case may be, computed on the basis of interest and mortality assumptions adopted in accordance with the provisions of R. See Louisiana Revised Statutes 11:701
  • 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
  • ADAD equipment: means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed. See Louisiana Revised Statutes 45:810
  • Adjudication: means formal or informal proceedings for the formulation of a decision or order. See Louisiana Revised Statutes 30:2004
  • 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
  • admission: as used in this Chapter includes the charges made for seats and tables, reserved or otherwise, and other similar accommodations. See Louisiana Revised Statutes 4:44
  • Advertisement: means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a rental-purchase agreement. See Louisiana Revised Statutes 9:3352
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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 state office, department, board, commission, institution, division, officer or other person, or functional group, heretofore existing or hereafter created, that is authorized to exercise, or that does exercise, any functions of the government of the state in the executive branch, but not any governing body or officer of any local government or subdivision of the state, or any parochial officer who exercises functions coterminous with the municipality in which he performs those functions. See Louisiana Revised Statutes 39:2
  • Agency: means the Coastal Protection and Restoration Authority. See Louisiana Revised Statutes 39:2202
  • 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
  • Aggrieved person: means a natural or juridical person who has a real and actual interest that is or may be adversely affected by a final action under this Subtitle. See Louisiana Revised Statutes 30:2004
  • Agreement: means the agreement or agreements, as authorized under this Subpart, between the state of Louisiana, as the seller, and the corporation, as the purchaser, of the tobacco assets. See Louisiana Revised Statutes 39:99.3
  • Agricultural products: include horticultural, viticultural, forestry, dairying, livestock, poultry, bee and farm and range products, and furbearing animals raised or produced on a defined acreage. See Louisiana Revised Statutes 3:72
  • Agricultural use: means farming in all of its branches, including but not limited to the cultivation and the tillage of the soil; the production, cultivation, growing, and harvesting of any products from agricultural, horticulture, aquaponic, hydroponic, or aquaculture practices; the raising of livestock, bees, fur-bearing animals, dairy-producing animals, and poultry; agricultural education; agricultural tourism; or any practices performed by a farmer or on a farm as an incident to or in conjunction with farming operations. See Louisiana Revised Statutes 3:4751
  • Allegation: something that someone says happened.
  • Amateur: means any of the following:

    (a)  Contests or exhibitions of armed or unarmed combat or any combination thereof conducted by or participated in exclusively by any state-accredited middle school or high school, college, or university, or by any association or organization of a school, college, or university, when each participant in the contests or exhibitions is a bona fide student in the state-accredited middle school or high school, college, or university. See Louisiana Revised Statutes 4:85

  • 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.
  • Ancillary contracts: means contracts described in R. See Louisiana Revised Statutes 39:99.3
  • animal food manufacturer: means any person, firm, or corporation engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of cattle, sheep, poultry, swine, goats, horses, mules or other equines. See Louisiana Revised Statutes 3:4201
  • Annual appropriation dependency clause: shall mean a clause which shall be included in any lease-purchase financing document which provides that if, after a diligent and good faith effort by the state to appropriate funds for the payment of sums due under a lease-purchase financing agreement, such funds are not appropriated, such lease-purchase agreement shall terminate in accordance with the terms of the lease-purchasing financing agreement, and the state shall not be liable for the payment of further sums due on such agreements past the then current fiscal year, provided possession of the project is returned to the corporation. See Louisiana Revised Statutes 39:1800.22
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a person or place of business that makes a formal application for a license, permit, certification, registration, or certificate issued pursuant to this Title. See Louisiana Revised Statutes 3:1
  • Appraisal: A determination of property value.
  • Appropriation: means an authorization by the legislature to a budget unit for a program to expend from public funds a sum of money, for purposes designated, under the procedure prescribed in this Chapter. See Louisiana Revised Statutes 39:2
  • Appropriation act: means an act of the legislature that authorizes the expenditure of state money. See Louisiana Revised Statutes 39:2
  • Arrest: Taking physical custody of a person by lawful authority.
  • Artificial reef: means a structure or system of structures which is constructed, placed, or permitted in waters covered under this Subpart for the purpose of enhancing fishery resources and commercial and recreational fishing opportunities. See Louisiana Revised Statutes 56:639.3
  • Asbestos: means the asbestiform varieties of: chyrsotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and actinolite. See Louisiana Revised Statutes 30:2343
  • Assistance: means money payments under this Title. See Louisiana Revised Statutes 46:1
  • Assistant secretary: means the assistant secretary to whom a given function or responsibility has been allocated by this Subtitle or delegated by the secretary. See Louisiana Revised Statutes 30:2004
  • Association: means any association or corporation organized under this Part. See Louisiana Revised Statutes 3:72
  • association: means a corporation, or unincorporated association, owned by or composed of the unit owners and through which the unit owners manage and regulate the condominium. See Louisiana Revised Statutes 9:1121.103
  • association: means a nonprofit corporation, unincorporated association, or other legal entity, which is created pursuant to a declaration, whose members consist primarily of lot owners, and which is created to manage or regulate, or both, the residential planned community. See Louisiana Revised Statutes 9:1141.2
  • Association: means a savings association, thrift institution, homestead, building and loan association, savings and loan association, or society, including both capital stock and mutual associations. See Louisiana Revised Statutes 6:703
  • Association property: means all the property either held by the association or commonly held by the members of the association, or both, and lots privately held by members of the association. See Louisiana Revised Statutes 9:1141.2
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authorized person: means :

    (a)  Employees or electrical or communication contractors or other contractors employed for the maintenance of electric lines of an electric public utility with respect to the electrical system owned or operated by such electric public utility; employees or electrical or communication contractors or other contractors employed for the maintenance of electric lines of an electric cooperative with respect to the electrical system owned or operated by such cooperative; employees or electrical or communication contractors or other contractors employed for the maintenance of electric lines of a municipality or other public entity with respect to the electrical system owned or operated by such municipality or other public entity; and the employees of a transportation system with respect to the electrical circuits of such system. See Louisiana Revised Statutes 45:141

  • Authorized positions: means the number of positions approved by the legislature in an appropriation bill to be funded by the salaries continuing category of the accounting system for the state. See Louisiana Revised Statutes 39:2
  • average compensation: means his average earnable compensation for the five highest successive years of employment, or the highest five successive joined years where interruption of service occurred. See Louisiana Revised Statutes 11:701
  • bait: means any substance that is manufactured or processed into a substantially different form than the raw materials and is sold for the purpose of attracting crawfish to traps. See Louisiana Revised Statutes 3:556.2
  • Balance in any fund: means the deficit or surplus in any fund at the close of the fiscal year. See Louisiana Revised Statutes 39:2
  • 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.
  • Base pay: means prescribed compensation for a specific position on a full-time basis, but does not include overtime, per diem, differential pay, payment in kind, premium pay, or any other allowance for expense authorized and incurred as an incident to employment, except supplemental pay for certain members as provided by Article X, Section 10(A)(1) of the Louisiana Constitution of 1974. See Louisiana Revised Statutes 11:403
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Basic system: means a telephone service which automatically connects a person dialing the digits 911 to an established public safety answering point through normal telephone service facilities. See Louisiana Revised Statutes 45:792
  • Basket: means a one and one-half bushel circular container that may be used for the measurement of oysters to be sold or purchased. See Louisiana Revised Statutes 3:4602
  • Beneficiary: means the eligible recipient of a pension, annuity, retirement allowance, or other benefit provided in this Chapter. See Louisiana Revised Statutes 11:701
  • 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
  • Benefits: means all moneys paid or payable by the United States through the veterans administration. See Louisiana Revised Statutes 29:351
  • Bequest: Property gifted by will.
  • 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 Louisiana Crawfish Promotion and Research Board. See Louisiana Revised Statutes 3:556.2
  • Board: means the board of trustees of the Assessors' Retirement Fund. See Louisiana Revised Statutes 11:1402
  • Board: means the board of the corporation. See Louisiana Revised Statutes 39:99.3
  • Bona fide paying subscribers: means persons who have subscribed at a subscription rate which is not nominal, whether by mail subscriptions, purchases through dealers and carriers, street vendors and counter sellers, or any combination thereof, but shall not include free circulation, sales at token or nominal subscription price, and sales in bulk for purposes other than for resale for individual subscribers. See Louisiana Revised Statutes 43:200
  • Bonds: means tobacco bonds and refunding bonds, notes and other evidences of indebtedness issued by the corporation pursuant to this Subpart. See Louisiana Revised Statutes 39:99.3
  • Bonds: means bonds, notes, or any other evidence of indebtedness issued by the corporation. See Louisiana Revised Statutes 39:1798
  • Bonds: means bonds, notes, or any other evidence of indebtedness issued by the corporation. See Louisiana Revised Statutes 39:1800.22
  • Budget office: means the section of the division of administration which monitors budgeting functions. See Louisiana Revised Statutes 39:2
  • Budget request: means the document with its accompanying explanations, in which a budget unit states its financial requirements and requests appropriations. See Louisiana Revised Statutes 39:2
  • Budget unit: means any spending agency of the state which is declared to be a budget unit by the division of administration and which is identified for accounting purposes by a five-digit number code. See Louisiana Revised Statutes 39:2
  • 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
  • Byproduct material: means :

    (a)  Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. See Louisiana Revised Statutes 30:2103

  • 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 such video programming or other programming service, but shall not include any video programming provided by a commercial mobile service provider. See Louisiana Revised Statutes 45:1363
  • 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 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 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

  • Capital costs: means all costs of providing a service that are capitalized in accordance with generally accepted accounting principles. See Louisiana Revised Statutes 45:844.43
  • Capital outlays: means expenditures for acquiring lands, buildings, equipment, or other permanent properties, or for their preservation or development or permanent improvement. See Louisiana Revised Statutes 39:2
  • Capital stock association: means an association, not in the mutual form, having capital stock ownership. See Louisiana Revised Statutes 6:703
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Cash price: means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental-purchase agreement. See Louisiana Revised Statutes 9:3352
  • CCEER: means Center for Coastal, Energy, and Environmental Resources. See Louisiana Revised Statutes 56:639.3
  • Center of excellence: means a community college or vocational technical facility which provides customized education and training programs for targeted industries that drive Louisiana's economy. See Louisiana Revised Statutes 39:1800.22
  • 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
  • Certificates: means certificates of participation executed and delivered by a trustee evidencing ownership interests in any lease entered into by the state, as lessee, and the corporation, as lessor. See Louisiana Revised Statutes 39:1798
  • Certificates: means certificates of participation executed and delivered by a trustee evidencing ownership interests in any lease entered into by the state or the system, as lessee, and the corporation, as lessor. See Louisiana Revised Statutes 39:1800.22
  • 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.
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Claim: includes any request or demand, including any and all documents or information required by federal or state law or by rule, made against hurricane relief program funds for payment. See Louisiana Revised Statutes 39:2153
  • Claim: includes any request or demand, including any and all documents or information required by federal or state law or by rule, made against oil spill relief program funds for payment. See Louisiana Revised Statutes 39:2165.2
  • Club: means any club, corporation, association, or individual under the authority of the commission. See Louisiana Revised Statutes 4:85
  • collection: as used in this Subpart shall include the sale or securitization of long-term delinquent accounts receivable and all other obligations subject to the provisions of this Subpart. See Louisiana Revised Statutes 39:88.3
  • 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
  • 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 45:1363
  • Commercially sensitive marketing information: means marketing plans or strategies, customer lists, and trade secrets pursuant to R. See Louisiana Revised Statutes 45:844.43
  • Commission: means the State Boxing and Wrestling Commission. See Louisiana Revised Statutes 4:85
  • Commission: means the Louisiana Deferred Compensation Commission. See Louisiana Revised Statutes 42:1301
  • Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:810
  • 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 Louisiana Public Service Commission. See Louisiana Revised Statutes 45:844.1
  • Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:844.12
  • commission: when used in this Chapter means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:1501
  • Commission: means the Louisiana Wildlife and Fisheries Commission. See Louisiana Revised Statutes 56:799.2
  • Commissioner: means the Louisiana commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:556.2
  • Commissioner: means the commissioner of the Department of Agriculture and Forestry, or his duly authorized representatives acting at his discretion. See Louisiana Revised Statutes 3:4602
  • Commissioner: means the commissioner of financial institutions, of the state of Louisiana, in his capacity as supervisor of associations. See Louisiana Revised Statutes 6:703
  • Commissioner: means the commissioner of administration. See Louisiana Revised Statutes 39:2002
  • Commissioner: means the commissioner of administration. See Louisiana Revised Statutes 39:2172
  • commissioners: when used in this Chapter means the commissioners of the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:1501
  • Common area: means property owned or otherwise maintained, repaired, or administered by the association for the benefit, use, and enjoyment of its members. See Louisiana Revised Statutes 9:1141.2
  • Common elements: means all portions of timeshare property other than units. See Louisiana Revised Statutes 9:1131.2
  • Community documents: means the articles of incorporation, bylaws, plat, declarations, covenants, conditions, restrictions, rules and regulations, or other written instruments, including any amendment thereto, by which the association has the authority to exercise any of its powers to manage, maintain, or otherwise affect the association property or which otherwise govern the use of association property. See Louisiana Revised Statutes 9:1141.2
  • Community services: means any type of counseling and advice, emergency assistance, or medical care furnished to individuals or groups within the district. See Louisiana Revised Statutes 33:9081
  • Community water system: means a public water system that serves year-round residents within a residential setting. See Louisiana Revised Statutes 40:5.8
  • community water systems: include systems serving municipalities, water districts, subdivisions, and mobile home parks. See Louisiana Revised Statutes 40:5.8
  • Compliance order: means an order issued by the secretary or an assistant secretary requiring a respondent to comply with specified provisions of this Subtitle, a rule, or a permit within a specified period of time. See Louisiana Revised Statutes 30:2004
  • Conduit individual retirement account: means an account which is covered by the provisions of Section 408(a) of the United States Internal Revenue Code, provided the account only contains assets rolled over to the account as an eligible rollover distribution from a qualified plan, plus earnings on those assets, but does not contain any other assets. See Louisiana Revised Statutes 11:701
  • Consumer: means a natural person who rents personal property under a rental-purchase agreement to be used primarily for personal, family, or household purposes. See Louisiana Revised Statutes 9:3352
  • Consummation: means the time when a consumer becomes contractually obligated on a rental-purchase agreement. See Louisiana Revised Statutes 9:3352
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contract: shall include awards and notices of award; contracts of a fixed-price, cost, cost plus a fixed-fee, or incentive type contracts; contracts providing for the issuance of job or task orders; leases; letter contracts; and purchase orders. See Louisiana Revised Statutes 39:2202
  • Contractor: means any person having a contract with a state agency. See Louisiana Revised Statutes 39:2002
  • Contractor: means any person having a contract with a state agency. See Louisiana Revised Statutes 39:2172
  • Contractor: means any person who has a contract with the Coastal Protection and Restoration Authority or a political subdivision to perform a public work as defined in this Chapter. See Louisiana Revised Statutes 39:2202
  • Corporation: means the Tobacco Settlement Financing Corporation created pursuant to this Subpart. See Louisiana Revised Statutes 39:99.3
  • Corporation: means a Louisiana industrial development corporation created under this Chapter. See Louisiana Revised Statutes 12:951
  • Corporation: means the nonprofit corporation authorized to be formed by this Chapter, or any corporation succeeding to the principal functions thereof or to which the powers conferred upon the corporation by this Chapter shall be given by law. See Louisiana Revised Statutes 39:1798
  • Corporation: means the public nonprofit corporation authorized to be formed by this Chapter, or any corporation succeeding to the principal functions thereof or to which the powers conferred upon the corporation by this Chapter shall be given by law. See Louisiana Revised Statutes 39:1800.22
  • Cost-sharing: means the portion of the cost of a covered medical service that must be paid by or on behalf of eligible individuals, consisting of copayments or coinsurance, but not deductibles. See Louisiana Revised Statutes 46:979.2
  • Covered services: means telecommunications services, advanced services and cable television services, individually and collectively, and regardless of the technology used to provide those services, unless otherwise specified in this Chapter. See Louisiana Revised Statutes 45:844.43
  • Creditable Service: means "Prior Service" plus "Membership Service" for which credit is allowable as provided in Part III of this Chapter. See Louisiana Revised Statutes 11:701
  • Creditable service: shall mean service rendered as an elected official of any municipality covered by this Part, whether it be service prior or subsequent to this Part, and whether it be continuous or not;

    (4)  "Municipality" shall mean any municipality incorporated under the laws of the state of Louisiana having a population of twenty-five thousand or over according to the last official census published by the United States Bureau of the Census. See Louisiana Revised Statutes 11:3861

  • Creditable service: means prior service plus membership service for which credit is allowable as provided in this Chapter. See Louisiana Revised Statutes 11:403
  • Crime prevention: means any activity which aids in the reduction of crime in the district. See Louisiana Revised Statutes 33:9081
  • Curator: means any person acting as a fiduciary for an incompetent ward. See Louisiana Revised Statutes 29:351
  • CWSRF: means the water pollution control revolving loan fund previously established by Act No. See Louisiana Revised Statutes 30:2301
  • Data: means recorded information, regardless of form or characteristic. See Louisiana Revised Statutes 39:2002
  • Data: means recorded information, regardless of form or characteristic. See Louisiana Revised Statutes 39:2172
  • Decedent: A deceased person.
  • Declarant: means :

    (a)  If the condominium has not yet been created, any person who offers to dispose of or disposes of his interest in a unit not previously disposed of; or

    (b)  If the condominium has been created, any person who has executed a declaration, or an amendment to a declaration to add additional property to the condominium regime, other than persons holding interests in the property solely as security for a debt or persons whose interest in the property will not be conveyed to unit owners. See Louisiana Revised Statutes 9:1121.103

  • declaration: means the instrument by which immovable property is made subject to this Part. See Louisiana Revised Statutes 9:1121.103
  • Declaration: means any instrument, however denominated, that establishes or regulates, or both, a residential planned community, and any amendment thereto. See Louisiana Revised Statutes 9:1141.2
  • declaration: means the instrument by which the timeshare property is made subject to a timeshare plan. See Louisiana Revised Statutes 9:1131.2
  • Deficit: means the excess for any fiscal year of actual expenditures paid by warrant or transfer over the actual monies received and any monies or balances carried forward for any fund at the close of the fiscal year as such are reported by the office of statewide reporting within the division of administration. See Louisiana Revised Statutes 39:2
  • Demand account: means an account payable on demand which is not a savings account. See Louisiana Revised Statutes 6:703
  • Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:556.2
  • Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2301
  • Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2343
  • Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
  • Department: means the Department of Justice. See Louisiana Revised Statutes 45:822
  • Department: means the Department of Public Safety and Corrections. See Louisiana Revised Statutes 30:2363
  • Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
  • Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 45:1601
  • Department: shall mean the Louisiana Department of Health. See Louisiana Revised Statutes 46:978.1
  • Department: means the Louisiana Department of Wildlife and Fisheries. See Louisiana Revised Statutes 56:639.3
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:979.2
  • Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:4602
  • Department: means the Department of Wildlife and Fisheries. See Louisiana Revised Statutes 56:799.2
  • Dependent: A person dependent for support upon another.
  • Deployment: means military service in compliance with mandatory written orders, unaccompanied by any family member, for combat operations, contingency operations, peacekeeping operations, temporary duty, a remote tour of duty, or other active service. See Louisiana Revised Statutes 9:359.1
  • 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
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Depositor: means a holder of a savings, demand, or other type of deposit account of an association. See Louisiana Revised Statutes 6:703
  • 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
  • Designated beneficiary: means the person most recently designated in writing by a member to receive any benefits to which the member may be entitled. See Louisiana Revised Statutes 11:1402
  • Devise: To gift property by will.
  • Direct costs: means those expenses of a local government that:

    (a)  Are directly attributable to providing a covered service. See Louisiana Revised Statutes 45:844.43

  • Director: means the executive director of the Coastal Protection and Restoration Authority. See Louisiana Revised Statutes 39:2202
  • 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.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disparagement: means dissemination to the public in any manner of any false information that the disseminator knows or should have known to be false, and which states or implies that a perishable agricultural or aquacultural food product is not safe for consumption by the consuming public. See Louisiana Revised Statutes 3:4502
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such waste, or any constituent thereof, may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Louisiana Revised Statutes 30:2173
  • Dispose: means the discharge, deposit, injection, dumping, or placing of any hazardous waste into or on any land or into water so that any of the hazardous waste so disposed becomes part of the surrounding or underlying land. See Louisiana Revised Statutes 30:2241
  • Disposer: means any person who disposes or who receives for disposal the hazardous waste of a generator. See Louisiana Revised Statutes 30:2241
  • Division: means the division of administration in the office of the governor. See Louisiana Revised Statutes 30:2412
  • Division of administration: means the division of administration created within the office of the governor by Title 39 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 39:1800.22
  • Docket: A log containing brief entries of court proceedings.
  • Doing business in this state: means conducting a telephonic solicitation either from a location within this state or from a location outside of this state to residential telephonic subscribers residing in this state. See Louisiana Revised Statutes 45:844.12
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dry weight ton: means a ton of hazardous waste excluding the weight of the water and for underground injection shall include no more than one percent of the inorganic solids contained in the hazardous waste. See Louisiana Revised Statutes 30:2241
  • Earnable compensation: means the compensation earned by a member during the full normal working time as a teacher. See Louisiana Revised Statutes 11:701
  • Earned compensation: means the base pay earned by an employee for a given pay period as reported to the system on a monthly basis by the agency which shall include the cash value of any emolument of office in the form of paid compensation in lieu of salary which is subject to federal and state payroll taxes and includes the full amount earned by an employee, overtime, and per diem earned by an employee of the House of Representatives, the Senate, or an agency of the legislature, and expense allowances and per diem paid to members of the legislature, the clerk, or sergeant at arms of the House of Representatives and president and secretary or sergeant at arms of the Senate. See Louisiana Revised Statutes 11:403
  • Education: means any type of scholastic instruction or scholarship assistance to any individual who resides in the district that enables him to prepare himself for better opportunities. See Louisiana Revised Statutes 33:9081
  • Efficiency: means cost-effectiveness or productivity relative to achievement of an objective. See Louisiana Revised Statutes 39:2
  • 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
  • electric public utility: as used in this Chapter means any person furnishing electric service within this state, the parish of Orleans excepted, including any electric cooperative transacting business in this state, provided, however, that said term shall not be construed to apply to any person owning, leasing and/or operating an electric generation facility provided such person is not primarily engaged in the generation, transmission, distribution, and/or sale of electricity, and provided that such person:  (a) consumes all of the electric power and energy generated by such facility for its own use at the site of generation or at some other location if mutually acceptable agreements to transport such electric power and energy can be reached with each electric public utility whose transmission facilities would be electrically utilized therefor, provided, however, notwithstanding any provision contained herein, there shall be no obligation or duty, expressed or implied, to purchase, to sell, to transport, or to engage in any other type of transaction with respect to the electric power and energy that may be generated by such person, imposed upon any public utility by this Section except as shall be provided in the cogeneration rules and regulations adopted by the Louisiana Public Service Commission pursuant to the Public Utility Regulatory Policies Act of 1978; or, (b) only consumes a portion thereof in such manner and sells the entire remaining portion of such electric power and energy generated to an electric public utility as herein defined; or, (c) sells the entire production of electric power and energy generated by such facility to an electric public utility as herein defined. See Louisiana Revised Statutes 45:121
  • Eligible applicant: means a governmental unit certified by the administrator to be substantially impacted by lignite resource development. See Louisiana Revised Statutes 30:1354
  • 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
  • Eligible rollover distribution: means a distribution as defined in R. See Louisiana Revised Statutes 11:701
  • 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
  • Emergency: means any condition existing outside of the bounds of nuclear operating sites owned or licensed by a federal agency, and any condition existing within or outside of the jurisdictional confines of a facility licensed or registered by the department and arising from the presence of byproduct material, source material, special nuclear material, or any other radioactive material, or source of radiation, which is endangering or could reasonably be expected to endanger the health and safety of the public or to contaminate the environment. See Louisiana Revised Statutes 30:2103
  • Emergency: means an actual or imminent threat to public health or safety which may result in loss of life, injury, or property damage. See Louisiana Revised Statutes 45:841
  • Emergency alert provider: means a third party which is designated by a parish office of homeland security and emergency preparedness to provide emergency alert services for that parish and which is certified as such by the Governor's Office of Homeland Security and Emergency Preparedness1. See Louisiana Revised Statutes 45:841
  • Emergency alert services: means the placement of telephone calls to notify the public of an emergency or to provide information relative to an emergency. See Louisiana Revised Statutes 45:841
  • 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
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • 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
  • 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.
  • Enterprise fund: means a separate fund to account for the local government's operations of covered services, established and maintained in accordance with generally accepted accounting principles as described by the Governmental Accounting Standards Board (GASB). See Louisiana Revised Statutes 45:844.43
  • 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
  • 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.
  • Examination: means an attestation performed for the purpose of expressing an opinion on an assertion that is the responsibility of another party in accordance with "Statements on Standards for Attestation Engagements" published by the American Institute of Certified Public Accountants. See Louisiana Revised Statutes 45:844.43
  • 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 budget: means the document submitted to the legislature at each regular session, pursuant to the provisions of this Chapter and Article VII, Section 11(A) of the Constitution of Louisiana, presenting the governor's recommended complete financial plan for each year. See Louisiana Revised Statutes 39:2
  • 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
  • Exhibition: means :

    (a)  As applied to boxing and mixed technique events, any event in which the participants show or display their skills without necessarily striving to win. See Louisiana Revised Statutes 4:85

  • Expenses: means amounts represented by cash paid out or by obligations to pay cash or partly by each for maintaining and operating government services. See Louisiana Revised Statutes 39:2
  • Extraordinary expenses: means expenses of unusual character such as in the normal course of events would not be expected to occur in each year, or the excess over the normal requirements due to unusual conditions in any budget year. See Louisiana Revised Statutes 39:2
  • 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 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

  • False or fraudulent claim: means a claim which a person submits knowing the claim to be false, fictitious, untrue, or misleading in regard to any material information. See Louisiana Revised Statutes 39:2153
  • False or fraudulent claim: means a claim which a person submits knowing the claim to be false, fictitious, untrue, or misleading in regard to any material information. See Louisiana Revised Statutes 39:2165.2
  • Feasibility consultant: means an individual or entity with expertise in the processes and economics of providing covered services. See Louisiana Revised Statutes 45:844.43
  • 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 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
  • Federal Do Not Call Law: shall mean the Telemarketing and Consumer Fraud and Abuse Prevention Act as set forth in 15 U. See Louisiana Revised Statutes 45:844.12
  • Federal Meat Inspection Act: means the act so entitled approved March 4, 1907, as amended by the Wholesome Meat Act (21 U. See Louisiana Revised Statutes 3:4201
  • Federal Poultry Products Inspection Act: means the act so entitled, approved August 28, 1957 (21 U. See Louisiana Revised Statutes 3:4201
  • Federal regulations: means Part 35, Title 40 of the Code of Federal Regulations (40 CFR 35. See Louisiana Revised Statutes 30:2301
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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

  • Financial institution: means a thrift institution, association, commercial bank, or trust company. See Louisiana Revised Statutes 6:703
  • 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: means the period beginning July first of any year and ending June thirtieth of the next succeeding year. See Louisiana Revised Statutes 11:403
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • 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
  • 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
  • Franchise authority: means any governmental entity empowered by federal, state, or local law to grant a franchise for cable service or video service. See Louisiana Revised Statutes 45:1363
  • Fraudulent taking: means the value gained from acts committed by an offender in violation of R. See Louisiana Revised Statutes 30:2412
  • Full costs: means all capital costs, direct costs and indirect costs. See Louisiana Revised Statutes 45:844.43
  • Full-cost accounting: means the accounting of all costs incurred by a local government in providing a covered service. See Louisiana Revised Statutes 45:844.43
  • Fund: means the Assessors' Retirement Fund. See Louisiana Revised Statutes 11:1402
  • Fund: means the White Lake Property Fund. See Louisiana Revised Statutes 56:799.2
  • Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts recording cash or other resources together with all related liabilities, obligations, reserves, and equities which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with regulations, restrictions, and limitations. See Louisiana Revised Statutes 39:2
  • 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
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Generator of hazardous waste: means any person whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation by the department. See Louisiana Revised Statutes 30:2241
  • Goal: means a general purpose toward which the efforts of an agency are directed. See Louisiana Revised Statutes 39:2
  • Goal: means a numerically expressed objective relating to state procurements and public works contracts that a state agency or contractor is encouraged to make a good faith effort to achieve. See Louisiana Revised Statutes 39:2002
  • Goal: means a numerically expressed objective relating to state procurements and public works contracts that a state agency or contractor is encouraged to make a good faith effort to achieve. See Louisiana Revised Statutes 39:2172
  • 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

  • Grant anticipation note: means a note issued upon the security of specified accounts receivable from the state or the federal government, including without limitation, grants, loans or a combination of both for which the governing authority of the public entity finds and determines that funds have been appropriated and committed to the public entity. See Louisiana Revised Statutes 39:1802
  • Grantor: The person who establishes a trust and places property into it.
  • Gross negligence: means a reckless disregard of, or a carelessness amounting to indifference to, the best interests of the financial institution or the shareholders thereof, and involves a substantial deviation below the standard of care expected to be maintained by a reasonably careful person under like circumstances. See Louisiana Revised Statutes 6:703
  • Gross revenues: means all revenues received from subscribers for the provision of cable service or video service, including franchise fees and all revenues received from non-subscribers for advertising disseminated through cable service or video service and home shopping services. See Louisiana Revised Statutes 45:1363
  • 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
  • Hazardous waste: means any waste, or combination of wastes, which because of its quantity, concentration, physical, or chemical characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Louisiana Revised Statutes 30:2173
  • Hazardous waste: means a substance identified and listed as a hazardous waste in the Louisiana Hazardous Waste Regulations of the Department of Environmental Quality in effect on the effective date of this Chapter; except that the term "hazardous waste" shall not include special waste as defined in this Chapter. See Louisiana Revised Statutes 30:2241
  • Hazardous Waste Site Cleanup Fund: means the fund established by Act 194 of 1980 as provided for in R. See Louisiana Revised Statutes 30:2223
  • Health information technology: shall mean information technology used in health care, including but not limited to electronic health records/electronic medical records, computerized physician order entry, health information exchange, telemedicine, and other relevant information technology deemed appropriate by the secretary of the department. See Louisiana Revised Statutes 46:978.1
  • High voltage: means a voltage in excess of six hundred volts between conductors, or between any conductor and the ground. See Louisiana Revised Statutes 45:141
  • High-level waste: means that waste resulting from the reprocessing of spent fuel rods or unreprocessed spent fuel rods. See Louisiana Revised Statutes 30:2103
  • 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
  • Hurricane relief programs: means any state or federal program or fund created for the purpose of assisting persons who incurred personal, business, or property damage or other losses due to Hurricane Katrina or Hurricane Rita. See Louisiana Revised Statutes 39:2153
  • Immediately: means a reasonable period of time after identifying the nature, quantity, and potential off-site impact of a release considering the exigency of the circumstances. See Louisiana Revised Statutes 30:2363
  • Impaired condition: means a condition in which the assets of an association in the aggregate do not have a fair value equal to the aggregate amount of liabilities of the association. See Louisiana Revised Statutes 6:703
  • 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.
  • Implementation plan: means any pollution control or other environmental regulatory plan prepared by a state agency in compliance with the terms of the Clean Air Act (42 U. See Louisiana Revised Statutes 30:2004
  • Income: means the tobacco settlement payments and all fees, charges, payments, and other income and receipts paid or payable to the corporation or a trustee or other party for the account of the corporation or the holders. See Louisiana Revised Statutes 39:99.3
  • 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
  • Incumbent service provider: means any cable service provider or video service provider providing cable service or video service in a particular municipality or unincorporated area of a parish on August 15, 2008. See Louisiana Revised Statutes 45:1363
  • 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
  • Indirect costs: means any costs:

    (i)  Identified with two or more services or other functions. See Louisiana Revised Statutes 45:844.43

  • Initiative: means the Artificial Reef Initiative at Louisiana State University, which is developing a Louisiana Artificial Reef Development Plan. See Louisiana Revised Statutes 56:639.3
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insured association: means an association, the savings accounts or shares of which are insured by the Federal Savings and Loan Insurance Corporation or its successor. See Louisiana Revised Statutes 6:703
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • 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
  • Intestate: Dying without leaving a will.
  • 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
  • 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
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Items: means any goods and services, and includes coupon books which are to be used with businesses other than the seller's business. See Louisiana Revised Statutes 45:822
  • Job training: means any type of instruction to an individual who resides within the district that enables him to acquire vocational skills so that he can become employable or be able to seek a higher grade of employment. See Louisiana Revised Statutes 33:9081
  • 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
  • Key performance indicator: means a performance indicator that is designated as such by the commissioner of administration and is included in the executive budget or the executive budget supporting document. See Louisiana Revised Statutes 39:2
  • 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 39:2153
  • 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 39:2165.2
  • label: means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article. See Louisiana Revised Statutes 3:4201
  • labeling: means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article. See Louisiana Revised Statutes 3:4201
  • 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
  • Law clerk: Assist judges with research and drafting of opinions.
  • 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 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
  • Lease-purchase financing: means the financing and acquisition of property by a corporation pursuant to an arrangement under which such corporation acquires title to property and enters into a lease-purchase agreement with the state providing for the leasing of the property by such corporation to the state and acquisition by the state at the end of the lease period of title to the property. See Louisiana Revised Statutes 39:1800.22
  • Legacy: A gift of property made by will.
  • 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
  • Lessor: means a person who regularly provides the use of property through rental-purchase agreements and to whom rental payments are initially payable on the face of the rental-purchase agreement. See Louisiana Revised Statutes 9:3352
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability: means a debt arising out of a transaction where goods or services have been received or rendered which must be liquidated, renewed, or refunded at some future date. See Louisiana Revised Statutes 39:2
  • Licensee: means any person who is licensed by the department in accordance with this Chapter and regulations promulgated by the secretary. See Louisiana Revised Statutes 30:2103
  • Licenses: means general licenses and specific licenses. See Louisiana Revised Statutes 30:2103
  • 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
  • Liquid assets: means cash on hand; cash on deposit in federal home loan banks, federal reserve banks, in banks performing similar reserve functions, in commercial banks, or associations, which is withdrawable upon not more than thirty days notice, and which is not pledged as security for indebtedness, except that any deposits in a bank or association under the control or in the possession of any supervisory authority shall not be considered as liquid assets; and obligation of, or obligations which are fully guaranteed as to principal and interest by, the United States, this state, or municipalities or political subdivisions of this state, or any other obligation approved by the commissioner. See Louisiana Revised Statutes 6:703
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: includes but is not limited to a borrowing by the public entity represented or to be represented by bonds of the public entity. See Louisiana Revised Statutes 39:1802
  • Local governing authority: means the police jury, parish council, the mayor's office of the city of New Orleans or the city-parish of East Baton Rouge or other primary governmental body of a parish. See Louisiana Revised Statutes 30:2363
  • Local governing authority: means the legislative body of a local government. See Louisiana Revised Statutes 45:844.43
  • Local government: means any parish, municipality, or other political subdivision of the state and any utility authority, board, branch, department or other unit thereof. See Louisiana Revised Statutes 45:844.43
  • Local governmental subdivision: means any parish or municipality. See Louisiana Revised Statutes 45:1363
  • Lot: means any plot or parcel of land designated for separate ownership shown on a recorded subdivision plat for a residential development or the boundaries of which are otherwise described in a recorded instrument, other than common area, within the jurisdiction of the residential community as such area is described in the community documents. See Louisiana Revised Statutes 9:1141.2
  • Manifest: means the system and forms used for identifying the quantity, composition, origin, routing, and destination of hazardous wastes during its transportation from the point of generation to any point of disposal, treatment, or storage. See Louisiana Revised Statutes 30:2173
  • 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
  • Maximum benefit: means the retirement benefit a member is entitled to receive from the system set forth in Part IV of this Chapter in any month after giving effect to R. See Louisiana Revised Statutes 11:701
  • meat broker: means any person, firm or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat, or meat food products of cattle, sheep, poultry, swine, goats, horses, mules or other equines on commission, or otherwise negotiating purchases, sales, or transactions of such articles other than for his own account or as an employee of another person, firm or corporation. See Louisiana Revised Statutes 3:4201
  • meat food product: means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, poultry or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the commissioner under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. See Louisiana Revised Statutes 3:4201
  • Medicaid: means the medical assistance program provided for in Title XIX of the Social Security Act. See Louisiana Revised Statutes 46:979.2
  • Medical board: shall mean the State Medical Disability Board. See Louisiana Revised Statutes 11:403
  • Medical board: shall mean the State Medical Disability Board. See Louisiana Revised Statutes 11:701
  • Medical home system of care: shall mean a health care delivery system that is patient and family centered and is guided by a personal primary care provider who coordinates and facilitates preventive and primary care that improves patient outcomes in the most cost-efficient manner possible. See Louisiana Revised Statutes 46:978.1
  • Medium truck tire: means a tire weighing one hundred pounds or more and normally used on semitrailers, truck-tractor, semitrailer combinations or other like vehicles used primarily to commercially transport persons or property on the roads of this state or any other vehicle regularly used on the roads of this state. See Louisiana Revised Statutes 30:2412
  • Member: means any teacher included in the membership of the system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:701
  • Member: includes actual members of associations with or without capital stock. See Louisiana Revised Statutes 3:72
  • Member: means a person or entity holding a savings or demand account of or shares of a mutual association, and may include a person borrowing from or assuming or obligated upon a loan or interest therein held by such association if such is authorized by the charter or the bylaws of the association. See Louisiana Revised Statutes 6:703
  • Membership Service: means service as a teacher rendered while a member of the retirement system. See Louisiana Revised Statutes 11:701
  • Membership service: means service after July 1, 1947 as an employee while a member of the system. See Louisiana Revised Statutes 11:403
  • Minor child: means an unmarried child under the age of twenty-one 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 a court of competent jurisdiction has, pursuant to the provisions of the Civil Code rendered a judgment of filiation declaring the paternity of such member for the child. See Louisiana Revised Statutes 11:701
  • 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
  • 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 any local, state, or federal agency for the purpose of obtaining funds, property, use of property, or other compensation from hurricane relief programs. See Louisiana Revised Statutes 39:2153
  • 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 provider agreement or the making of a false or misleading statement to any local, state, or federal agency for the purpose of obtaining funds, property, use of property, or other compensation from oil spill relief programs. See Louisiana Revised Statutes 39:2165.2
  • Mixed technique event: means contests in which contestants attack and defend with wrestling or grappling and with the fists and other parts of the human body, including but not limited to the foot, knee, leg, elbow, or head, wherein dangerous blows are intended to be struck with full contact. See Louisiana Revised Statutes 4:85
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means an automobile, motorcycle, all-terrain vehicle, and utility terrain vehicle that is operated either on-road or off-road, truck, trailer, semitrailer, truck-tractor and semitrailer combination, or any other vehicle operated in this state, and propelled by power other than muscular power; but the term does not include bicycles and mopeds. See Louisiana Revised Statutes 30:2412
  • 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
  • Mutual association: means an association, not having capital stock ownership and operating in the mutual form. See Louisiana Revised Statutes 6:703
  • 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
  • National Do Not Call Registry: shall mean the list of consumers maintained by the Federal Trade Commission who have indicated that they do not wish to receive unsolicited or unwanted telephonic solicitations pursuant to the Federal Do Not Call Law. See Louisiana Revised Statutes 45:844.12
  • National Fishing Enhancement Act: means the federal artificial reef development legislation, PL 98-623, Title II. See Louisiana Revised Statutes 56:639.3
  • Natural person: means a human being. See Louisiana Revised Statutes 11:701
  • Neighborhood assistance: means furnishing financial assistance, labor, material, or technical advice to aid in the physical improvement or rehabilitation of any part or all of the district. See Louisiana Revised Statutes 33:9081
  • Net weight: means the weight of the commodity excluding any materials, substances, or items not considered to be part of the commodity. See Louisiana Revised Statutes 3:4602
  • Newspaper: means a publication that during each year of the five-year period prior to the first publication of any legal or official notice therein:

    (i)  Has been published at regular intervals of not less than weekly. See Louisiana Revised Statutes 43:200

  • Noise: means the intensity, duration, and the character of sounds from all sources. See Louisiana Revised Statutes 30:2053
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • non-bargaining employee: shall mean any employee of the Louisiana Association of Educators whose employment is not covered by a collective bargaining agreement. See Louisiana Revised Statutes 11:701
  • 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
  • noncommunity water systems: include systems serving schools, day care centers, hospitals, highway rest areas, restaurants, bars, and grocery stores. See Louisiana Revised Statutes 40:5.8
  • 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
  • NORM waste: means solid, liquid, or gaseous material or a combination of materials, excluding source material, special nuclear material, and byproduct material that has the following characteristics or qualities:

    (a)  Spontaneously emits radiation in its natural physical state. See Louisiana Revised Statutes 30:2103

  • Oath: A promise to tell the truth.
  • Objective: is a specific and measurable target for achievement which describes the exact results sought, which is expressed in an outcome-oriented statement that may reflect effectiveness, efficiency, or quality of work, and which may be either numeric or non-numeric. See Louisiana Revised Statutes 39:2
  • Obligation: means an amount which a government may be required legally to meet out of its resources. See Louisiana Revised Statutes 39:2
  • 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
  • Off-road tire: means a tire weighing one hundred pounds or more and that is normally used on off-road vehicles. See Louisiana Revised Statutes 30:2412
  • Off-road vehicle: means construction, farming, industrial, mining, and other vehicles not normally operated on the roads of this state. See Louisiana Revised Statutes 30:2412
  • Office: means the office or offices within the Department of Environmental Quality to which the secretary has assigned the duties, responsibilities, and authority provided for by this Chapter. See Louisiana Revised Statutes 30:2223
  • Office: means the newspaper's principal public business office and need not be the place at which the newspaper's printing presses are physically located. See Louisiana Revised Statutes 43:200
  • official device: means any device prescribed or authorized by the commissioner for use in applying any official mark. See Louisiana Revised Statutes 3:4201
  • Official forecast: means the most recently adopted estimate of money available for appropriation by the Revenue Estimating Conference as provided in R. See Louisiana Revised Statutes 39:2
  • Oil recycling: means to prepare used oil for reuse as a petroleum product by rerefining, reclaiming, reprocessing, or other means or to use used oil in a manner that substitutes for a petroleum product made from new oil, specifically including the use of used oil as a fuel oil, provided the used oil meets all applicable rules and regulations. See Louisiana Revised Statutes 30:2412
  • Oil spill relief program: means any state or federal program or fund created for the purpose of assisting persons who incurred personal, business, or property damage or other losses due to the Deepwater Horizon Oil Spill. See Louisiana Revised Statutes 39:2165.2
  • 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
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order: means any custody or visitation judgment, decree, or order issued by a court of competent jurisdiction in this state or any judgment of another state which has been made executory in this state. See Louisiana Revised Statutes 9:359.1
  • Ordinary recurring expenses: means all expenses of a continuing or recurring character, that in the normal course of administration, may be expected to be necessary in approximately the same amounts each year. See Louisiana Revised Statutes 39:2
  • Other programs and activities: means all programs and activities that do not fit the definition of evidence-based, research-based, or promising practices programs. See Louisiana Revised Statutes 39:2
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Outstanding: when used with respect to bonds, shall exclude bonds that shall have been paid in full at maturity, or shall have otherwise been refunded, redeemed, defeased or discharged, or that may be deemed not outstanding pursuant to agreements with the holders thereof. See Louisiana Revised Statutes 39:99.3
  • Overhead line: means all bare or insulated electrical conductors installed above ground, except those conductors that are de-energized and grounded or that are enclosed in rigid metallic conduits. See Louisiana Revised Statutes 45:141
  • Owner: means the actual owner of record. See Louisiana Revised Statutes 41:1704
  • Owner: means a person who owns or controls ten percent or more of the equity of, or otherwise has claim to ten percent or more of the net income of a telephonic seller. See Louisiana Revised Statutes 45:822
  • 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 at a facility. See Louisiana Revised Statutes 30:2363
  • 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
  • Package: means any commodity packed or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale. See Louisiana Revised Statutes 3:4602
  • Parish office of homeland security and emergency preparedness: means an agency of local government established pursuant to R. See Louisiana Revised Statutes 45:841
  • Parish or district office: means parish or district office of the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pensions: means payments for life. See Louisiana Revised Statutes 11:701
  • Performance indicator: means a statement identifying an activity, input, output, outcome, achievement, ratio, efficiency, or quality to be measured relative to a particular goal or objective in order to assess an agency's performance. See Louisiana Revised Statutes 39:2
  • Performance standard: means the expected level of performance associated with a particular performance indicator for a particular period. See Louisiana Revised Statutes 39:2
  • Perishable agricultural or aquacultural food product: means any food product of agriculture or aquaculture which is sold or distributed in a form that will perish or decay beyond marketability within a period of time. See Louisiana Revised Statutes 3:4502
  • Person: means an individual, proprietorship, corporation, club, or other legal entity. See Louisiana Revised Statutes 30:2053
  • Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission or federal government agencies licensed by the United States Nuclear Regulatory Commission. See Louisiana Revised Statutes 30:2103
  • Person: includes individuals, firms, partnerships, corporations, and associations. See Louisiana Revised Statutes 3:72
  • 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 any individual, corporation, partnership, association, or other legal entity. See Louisiana Revised Statutes 3:556.2
  • 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: includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity. See Louisiana Revised Statutes 45:822
  • 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, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, an interstate body, or the federal government or any agency of the federal government. See Louisiana Revised Statutes 30:2412
  • Person: means both plural and singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations

                (14)(a) Except as provided in Subparagraph (b) of this Paragraph, "petroleum product" means any refined hydrocarbon mixture including motor oil, kerosene, gasoline, gasohol, diesel fuel, aviation fuel, heating kerosene, and any blend of two or more refined hydrocarbon mixtures except liquefied petroleum gas and natural gas. See Louisiana Revised Statutes 3:4602

  • Person: means a natural person or a juridical person. See Louisiana Revised Statutes 39:2165.2
  • Person: means an individual, a partnership, a corporation, or an association. See Louisiana Revised Statutes 29:351
  • Person: means an individual, a public or private corporation, an association, a partnership, a public body created by or pursuant to state law, the state of Louisiana, an agency or political subdivision of the state, a federally recognized Indian tribe, the United States government, a political subdivision of the United States government, and any officer, employee, and agent of one of those entities. See Louisiana Revised Statutes 40:5.8
  • 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
  • Place of business: means a permanent location or a portion of a permanent location from which business, in a regulated profession or occupation, is transacted. See Louisiana Revised Statutes 3:1
  • 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
  • Plan: means the Louisiana First America Next Freedom and Empowerment Plan established by this Chapter. See Louisiana Revised Statutes 46:979.2
  • Plan Year: means the fiscal year. See Louisiana Revised Statutes 11:701
  • planned community: means a real estate development, used primarily for residential purposes, in which the owners of separately owned lots are mandatory members of an association by virtue of such ownership. See Louisiana Revised Statutes 9:1141.2
  • Plastic bottle: means a plastic container that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons. See Louisiana Revised Statutes 30:2412
  • 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.
  • Political subdivision: as used in this Part means any parish of this state as well as any city or county of another adjoining or adjacent state which is authorized by the law of that state to engage in a joint endeavor for the creation and operation of an airport district with a political subdivision of this state. See Louisiana Revised Statutes 2:131
  • Political subdivision: means any unit of local government including a municipality, parish, or special district authorized by law to perform governmental functions. See Louisiana Revised Statutes 3:4751
  • Pollutant: means those elements or compounds defined or identified as hazardous, toxic, or noxious, or as hazardous, solid, or radioactive wastes under this Subtitle and regulations, or by the secretary, consistent with applicable laws and regulations. See Louisiana Revised Statutes 30:2004
  • Pollution source: means the immediate site or location of a discharge or potential discharge, including such surrounding property necessary to secure or quarantine the area from access by the general public. See Louisiana Revised Statutes 30:2004
  • Position: means any office or any employment in the state service. See Louisiana Revised Statutes 11:403
  • Potable water: means water having bacteriological, physical, radiological, and chemical qualities that make it safe and suitable for human drinking, cooking, and washing uses. See Louisiana Revised Statutes 40:5.8
  • 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.
  • Predecessor: shall include but not be limited to any entity that directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a person receiving, obtaining, or operating under a municipal or parish cable franchise through merger, sale, assignment, restructuring, or any other type of transaction. See Louisiana Revised Statutes 45:1363
  • prepared: means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed. See Louisiana Revised Statutes 3:4201
  • 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.
  • Principal: means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. See Louisiana Revised Statutes 45:822
  • Prior Service: means service rendered prior to the date of establishment of the retirement system for which credit is allowable under Part III of this Chapter. See Louisiana Revised Statutes 11:701
  • Private provider: means a person that:

    (a)  Provides a covered service. See Louisiana Revised Statutes 45:844.43

  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Processed: means any method or activity that alters whole waste tires so that they are no longer whole; such as, cutting, slicing, chipping, shredding, distilling, freezing, or other processes as determined by the administrative authority. See Louisiana Revised Statutes 30:2412
  • Procurement: means the buying, purchasing, renting, leasing, or otherwise obtaining any materials, supplies, services, or major repairs, personal services, professional services, consulting services, or social services. See Louisiana Revised Statutes 39:2002
  • Procurement: means the buying, purchasing, renting, leasing, or otherwise obtaining any materials, supplies, services, or major repairs, or personal services, professional services, consulting services, or social services. See Louisiana Revised Statutes 39:2172
  • Professional wrestler: means any person who does not qualify as an "amateur" and who participates in staged matches wherein no dangerous blow is intended to be struck and where there is a predetermined winner, whether or not the participant competes for a money prize or pecuniary gain. See Louisiana Revised Statutes 4:85
  • Professional wrestling event: means any event which does not qualify as either a mixed technique event or amateur or boxing contest and which features in any way a professional wrestler and which qualifies as an exhibition under Subparagraph (4)(b) of this Section. See Louisiana Revised Statutes 4:85
  • Program: means a grouping of activities directed toward the accomplishment of a clearly defined objective or set of objectives. See Louisiana Revised Statutes 39:2
  • Program catalogue: means a compendium of programs compiled by a reputable source that publishes information for use by the government. See Louisiana Revised Statutes 39:2
  • Program inventory: means the complete list of all proposed agency programs and activities that meet any definition set out in this Section. See Louisiana Revised Statutes 39:2
  • Project: means the acquisition, purchase, construction, renovation, improvement, or expansion of a public facility by the corporation, to be financed with funds provided in whole or in part pursuant to this Chapter. See Louisiana Revised Statutes 39:1798
  • Project: includes but is not limited to condominiums and cooperative housing corporations. See Louisiana Revised Statutes 9:1131.2
  • Project: means the planning, acquisition, purchase, construction, renovation, improvement, equipping, or expansion of a public facility by the corporation, provided that no more than fifty percent of the total project cost shall be financed with funds provided through bonds issued pursuant to this Chapter. See Louisiana Revised Statutes 39:1800.22
  • Projected deficit: means the excess of appropriations and non-appropriated requirements over the official forecast for any fund during any fiscal year. See Louisiana Revised Statutes 39:2
  • Promising practices: means a practice that presents, based upon preliminary information, potential for becoming a research-based or evidence-based program or practice. See Louisiana Revised Statutes 39:2
  • Property: means any and all property, movable and immovable, corporeal and incorporeal. See Louisiana Revised Statutes 39:2153
  • Property: means any and all property, movable and immovable, corporeal and incorporeal. See Louisiana Revised Statutes 39:2165.2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • prospective purchaser: means a person who is solicited to become or does become obligated to a telephonic seller. See Louisiana Revised Statutes 45:822
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • Public agency: means any agency or political subdivision of the state which provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services. See Louisiana Revised Statutes 45:792
  • public contract: means all types of state agreements, regardless of what they may be called, for personal services, professional services, consulting services, or social services, or the purchase of materials, supplies, services, or major repairs, or for the making of any public works. See Louisiana Revised Statutes 39:2002
  • public contract: means all types of state agreements, regardless of what they may be called, for personal services, professional services, consulting services, or social services, or the purchase of materials, supplies, services, or major repairs, or for the making of any public works. See Louisiana Revised Statutes 39:2172
  • 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 entity: means :

                (a) Commissions, parishes, municipalities, parish and municipal school boards and districts, levee boards and districts, port boards and commissions, port, harbor, terminal and industrial districts, drainage and land reclamation districts, all special service districts, including but not limited to road, water, sewerage, fire protection, recreation, hospital service, gas utility and garbage districts. See Louisiana Revised Statutes 39:1802

  • Public facilities: means buildings, parking garages, and related facilities used or to be used to house personnel, equipment, and/or services of the various agencies of the state government. See Louisiana Revised Statutes 39:1798
  • Public facilities: means buildings, parking garages, and related facilities used or to be used as a center of excellence for students, faculty and staff of the Louisiana Community and Technical College System, and all land, buildings and movable or immovable equipment incorporated therein and relating thereto. See Louisiana Revised Statutes 39:1800.22
  • 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 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 a functional division of a public agency which provides firefighting, police, medical, or other emergency services. See Louisiana Revised Statutes 45:792
  • Public sanitary sewerage system: means a privately or publicly owned system intended to provide for the collection, conveyance, or treatment of waste water and other sewage for the public or such facilities owned by the public, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year. See Louisiana Revised Statutes 30:2073
  • Public School: means any school conducted within the state under the authority and supervision of a city, parish, or other local school board and any educational institution supported by and under the control of the state. See Louisiana Revised Statutes 11:701
  • 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
  • Public water system: means a system for the provision to the public of water for potable purposes, through pipes or other constructed conveyances, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year. See Louisiana Revised Statutes 40:5.8
  • Public work: means the erection, construction, alteration, improvement, or repair of any public facility or immovable property owned, used, or leased by the Coastal Protection and Restoration Authority or a political subdivision which project is funded entirely or partially by monies received through the Federal Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011, or as a result of any settlement related to the explosion on, and sinking of the mobile offshore drilling unit Deepwater Horizon, or the Comprehensive Master Plan for Coastal Protection. See Louisiana Revised Statutes 39:2202
  • Qualified plan: means a trust which is covered by the provisions of Section 401(a) of the United States Internal Revenue Code. See Louisiana Revised Statutes 11:701
  • Quality: means degree or grade of excellence. See Louisiana Revised Statutes 39:2
  • Radiation: means any electromagnetic or ionizing radiation including gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but does not include sound waves. See Louisiana Revised Statutes 30:2103
  • 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
  • Radioactive material: means any material, whether solid, liquid, or gas, which emits radiation spontaneously. See Louisiana Revised Statutes 30:2103
  • Radioactive waste: means radioactive material, other than exploration and production waste as defined in LAC 43:XIX. See Louisiana Revised Statutes 30:2103
  • range: means an area designed and operated primarily for: persons using or discharging rifles, shotguns, pistols, revolvers, or black powder weapons; archery; air rifles; silhouettes; skeet ranges; trap ranges; or any other similar sport shooting, if such area is designed and constructed in accordance with the then current publication of the National Rifle Association of America, or its successor, entitled "The Range Manual". See Louisiana Revised Statutes 30:2053
  • Real estate loan: means any loan or other obligation secured, as provided for in this Chapter, by immovable property held in full ownership or under a lease extending or renewable automatically for a period of at least five years beyond the date scheduled for the final principal payment of such loan or obligation, or any transaction out of which a mortgage or vendor's privilege is created against such immovable property including but not limited to the purchase of such real estate by an association and the concurrent or immediate sale thereof on installment contract. See Louisiana Revised Statutes 6:703
  • 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
  • Reclaiming: means the use of methods, other than those used in rerefining, to purify used oil primarily to remove insoluble contaminants, making the oil suitable for further use; which may include settling, heating, dehydration, filtration, distillation, or centrifuging. See Louisiana Revised Statutes 30:2412
  • Recovered materials: means those materials which have known recycling potential, can be feasibly recycled, and have been diverted or removed from the solid waste stream for sale, use, or reuse, by separation, collection, or processing. See Louisiana Revised Statutes 30:2412
  • Recovered paper: means paper generated beyond the papermaking process which is subsequently recycled. See Louisiana Revised Statutes 30:2412
  • Recovery: means the recovery of overpayments, damages, fines, penalties, costs, expenses, restitution, attorney fees, interest, or settlement amounts. See Louisiana Revised Statutes 39:2153
  • Recovery: means the recovery of overpayments, damages, fines, penalties, costs, expenses, restitution, attorney fees, interest, or settlement amounts. See Louisiana Revised Statutes 39:2165.2
  • Recycled content: means materials that contain a percentage of post-consumer materials as determined by the department in the products or materials to be procured, including but not limited to paper, aluminum, glass, and composted materials. See Louisiana Revised Statutes 30:2412
  • Recycling: means any process by which nonhazardous solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. See Louisiana Revised Statutes 30:2412
  • 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
  • Registration: means the identification of any material or device capable of emitting radiation, together with such other information as the owner of such material or device is required to furnish by rules and regulations adopted pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 30:2103
  • 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
  • Regular Interest: means interest compounded annually at such a rate as shall be determined by the board of trustees in accordance with R. See Louisiana Revised Statutes 11:701
  • 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
  • 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
  • renderer: means any person, firm, or corporation engaged in the business of rendering carcasses, or parts or products of the carcasses, of cattle, sheep, poultry, swine, goats, horses, mules or other equines. See Louisiana Revised Statutes 3:4201
  • Rental-purchase agreement: means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes for an initial period of four months or less, that is automatically renewable with each payment after the initial period, but that does not obligate or require the consumer to continue renting or using the property beyond the initial period, and that permits the consumer to become the owner of the property. See Louisiana Revised Statutes 9:3352
  • 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
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Repository: means the local entity designated pursuant to R. See Louisiana Revised Statutes 30:2363
  • Rerefining: means the use of refining processes on used oil to produce high-quality base stocks for lubricants or other petroleum products. See Louisiana Revised Statutes 30:2412
  • Residential building: means any structure which is constructed and developed for residential occupancy. See Louisiana Revised Statutes 30:1202
  • Residential telephonic subscriber: means any natural person who has subscribed to residential telephonic service from a telecommunications service provider or any other natural person living or residing with such person. See Louisiana Revised Statutes 45:844.12
  • Resource recovery: means the process by which materials, excluding those under control of the Nuclear Regulatory Commission, which still have useful physical or chemical properties after serving a specific purpose are reused or recycled for the same or other purposes, including uses as an energy source. See Louisiana Revised Statutes 30:2153
  • Respondent: means the person against whom an enforcement action is directed. See Louisiana Revised Statutes 30:2004
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail gas station: means a retail facility engaged in selling gasoline or diesel fuel primarily to the public, for use in land-based motor vehicles. See Louisiana Revised Statutes 30:2363
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:701
  • Retirement allowance: means the sum of the annuity and the pensions or any optional benefit payable in lieu thereof. See Louisiana Revised Statutes 11:701
  • Retirement System: means the Teachers' Retirement System of Louisiana as defined in R. See Louisiana Revised Statutes 11:701
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • 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
  • Salesperson: means any individual employed, appointed, or authorized by a telephonic seller, whether referred to by the telephonic seller as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. See Louisiana Revised Statutes 45:822
  • Sanitary landfill: means a controlled area of land upon which nonhazardous solid waste is deposited in such a manner that protects the environment with no on-site burning of wastes, and so located, contoured, and drained that it will not constitute a source of water pollution. See Louisiana Revised Statutes 30:2153
  • Savings account: means an account to which earnings, including interest, is paid or accrued. See Louisiana Revised Statutes 6:703
  • Savings liability: means the aggregate amount of savings accounts of depositors and shares of members, plus earnings credited to such accounts, less redemptions and withdrawals. See Louisiana Revised Statutes 6:703
  • 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
  • Sea Grant: means the Louisiana Sea Grant College Program. See Louisiana Revised Statutes 56:639.3
  • Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
  • 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: shall mean the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 46:978.1
  • Secretary: means the secretary of the Louisiana Department of Wildlife and Fisheries. See Louisiana Revised Statutes 56:639.3
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 46:979.2
  • Secretary: means the secretary of the Department of Natural Resources, and his designees. See Louisiana Revised Statutes 30:962
  • 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
  • seller: means a person who, on his or her own behalf or through salespersons, causes a telephone solicitation or attempted telephone solicitation to occur in which either the telephonic seller or the purchaser, or both, are located in Louisiana and which meets the following criteria:

    (a)  A telephone solicitation or attempted telephone solicitation wherein the telephonic seller initiates telephonic contact with a prospective purchaser and represents or implies one or more of the following:

    (i)  That a prospective purchaser who buys one or more items will also receive additional or other items, whether or not of the same type as purchased, without further cost. See Louisiana Revised Statutes 45:822

  • Service of process: The service of writs or summonses to the appropriate party.
  • Service organization: means a corporation in which the shares of stock may be owned by one or more associations, financial institutions, or other persons. See Louisiana Revised Statutes 6:703
  • Service-connected disabled veteran-owned small entrepreneurship: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity which has not less than fifty-one percent ownership by a veteran of the United States Armed Forces with a service-connected disability, and meets the criteria for certification by the secretary of the Department of Economic Development pursuant to R. See Louisiana Revised Statutes 39:2172
  • 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
  • Share: means any share, certificate, security, account, or other evidence of funds invested in a mutual association by a member thereof, other than a savings or demand account. See Louisiana Revised Statutes 6:703
  • 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
  • Small entrepreneurship: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity which meets the criteria for certification by the secretary of the Department of Economic Development pursuant to R. See Louisiana Revised Statutes 39:2002
  • Solar device: means the equipment associated with the collection, transfer, distribution, storage, and control of solar energy. See Louisiana Revised Statutes 30:1151
  • Solid waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include or mean solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under R. See Louisiana Revised Statutes 30:2153
  • Solid waste: means any garbage, refuse, sludge, and other discarded material, including those in a solid, liquid, or semisolid state resulting from residential, community, or commercial activities. See Louisiana Revised Statutes 30:2412
  • Solid waste disposal facility: means any land area or structure or combination of land areas and structures, used for storing, salvaging, processing, reducing, incinerating, or disposing of solid wastes, excluding any "processing, treatment, or disposal facility" as defined in R. See Louisiana Revised Statutes 30:2153
  • Sophisticated system: means a basic system with the additional capability of automatic identification of the caller's number, holding the incoming call, reconnection on the same telephone line, clearing a telephone line or automatic call routing or combinations of such capabilities. See Louisiana Revised Statutes 45:792
  • Source material: means uranium or thorium, or any combination thereof, in any physical or chemical form, or ores which contain by weight one-twentieth of one percent or more of uranium, thorium, or any combination thereof, but source material does not include special nuclear material. See Louisiana Revised Statutes 30:2103
  • Source of radiation: means any radioactive material or any device or equipment emitting or capable of producing radiation. See Louisiana Revised Statutes 30:2103
  • Special nuclear material: means either of the following:

    (a)  Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the United States Nuclear Regulatory Commission, pursuant to the provisions of Section 51 of the Atomic Energy Act of 1954, as amended, determines to be special nuclear material, but does not include source material. See Louisiana Revised Statutes 30:2103

  • Special waste: means and includes the following:

    (a)  Spent bauxite (red mud) resulting from production of alumina. See Louisiana Revised Statutes 30:2241

  • Specific license: means a license issued after application to the department to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing, byproduct, source, or special nuclear materials, technologically enhanced natural radioactive material, or other radioactive material occurring naturally or produced artificially. See Louisiana Revised Statutes 30:2103
  • Spouse: means a person who is legally married to a member of this system. See Louisiana Revised Statutes 11:403
  • Start-up costs: means those costs reasonably and prudently incurred by the local government (including legal and professional services) in obtaining the feasibility study required under this Chapter, in seeking to obtain assent of the financial market place for funding the proposed project, and other related costs through the closing of the sale of the bonds or other financing vehicles supporting the provisioning of covered services, and specifically excludes capital costs as defined herein. See Louisiana Revised Statutes 45:844.43
  • State: means the state of Louisiana or any agency or instrumentality thereof. See Louisiana Revised Statutes 39:1798
  • state agency: means any department, office, division, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive or judicial branches of state government. See Louisiana Revised Statutes 39:2002
  • state agency: means any department, office, division, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive or judicial branches of state government. See Louisiana Revised Statutes 39:2172
  • State allocation: means all monies to be received by the state of Louisiana as a result of the master settlement agreement, without giving effect to any sale of any portion thereof. See Louisiana Revised Statutes 39:99.3
  • 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 health officer: means the legally appointed or acting state health officer as defined in R. See Louisiana Revised Statutes 40:5.8
  • Stock: means capital stock of a capital stock association. See Louisiana Revised Statutes 6:703
  • Stockholder: means the owner of one or more shares of any class of capital stock of a capital stock association. See Louisiana Revised Statutes 6:703
  • Storage: means the containment of hazardous waste on a temporary basis, for such time as may be permitted by regulations, in such a manner as not to constitute disposal of such hazardous waste. See Louisiana Revised Statutes 30:2173
  • 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
  • Student: means a person who satisfies all of the provisions of this Paragraph. See Louisiana Revised Statutes 11:701
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subscribers: means a person that lawfully receives a covered service. See Louisiana Revised Statutes 45:844.43
  • Substantial change in use: means the current primary use of the facility no longer represents the activity previously engaged in at the site. See Louisiana Revised Statutes 30:2053
  • Summons: Another word for subpoena used by the criminal justice system.
  • supervised financial institution: means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer, provided that the institution is subject to supervision by an official or agency of this state or of the United States. See Louisiana Revised Statutes 45:822
  • Supporting document: means the document prepared by the budget office and composed of supporting information, data, and documentation used to develop the executive budget. See Louisiana Revised Statutes 39:2
  • Surplus: means the excess for any fiscal year of the actual monies received and any monies or balances carried forward over the actual expenditures paid by warrant or transfer for any fund at the close of the fiscal year as such are reported by the office of statewide reporting within the division of administration. See Louisiana Revised Statutes 39:2
  • 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
  • swaps: means contracts described in R. See Louisiana Revised Statutes 39:99.3
  • System: means the Louisiana Community and Technical College System. See Louisiana Revised Statutes 39:1800.22
  • Tax: means the amount of tax due under this Chapter, and any amount of interest due under this Chapter, unless the intention to give it a more limited meaning is disclosed by the context. See Louisiana Revised Statutes 30:2241
  • Taxpayer: means any person liable to pay any tax or file any return under this Chapter, regardless of whether such person has paid any tax or filed the required return. See Louisiana Revised Statutes 30:2241
  • Telephone access line: means any seven-digit telephone number for each call to which a fee is charged. See Louisiana Revised Statutes 45:810
  • Telephone company: means an entity which provides local telephone service to subscribers for a fee. See Louisiana Revised Statutes 45:841
  • Telephone solicitation: means a call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes, or for the purpose of soliciting contributions for or on behalf of a charitable organization as defined in R. See Louisiana Revised Statutes 45:844.1
  • Telephone solicitor: means any natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephone solicitation, including but not limited to calls made by use of automated dialing or recorded message devices. See Louisiana Revised Statutes 45:844.1
  • Telephonic solicitation: means any voice or data communication made by a telephonic solicitor to a residential telephonic subscriber for the purpose of encouraging a sale or rental of or investment in property, consumer goods, or services; or for the purpose of encouraging an extension of credit for property, consumer goods, or services; or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale or rental of or investment in property, consumer goods, or services or an extension of credit for such purposes; or for the solicitation of a contribution to a charitable organization, but does not include voice or data communications made for any of the following reasons:

    (a)  In response to an express request of the person called. See Louisiana Revised Statutes 45:844.12

  • Telephonic solicitor: means any natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic solicitation, including but not limited to any communication made by use of automated dialing or recorded message devices. See Louisiana Revised Statutes 45:844.12
  • 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
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Thrift institution: means an association, a homestead association,society or company, a savings and loan association, a building and loan association, a savings association, a foreign savings association, a federal savings association, a federal savings and loan association, a federal savings bank, or a supervised thrift and residential financing institution of a substantially similar nature. See Louisiana Revised Statutes 6:703
  • 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 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
  • Tire: means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle or off-road vehicle, including the spare tire of such vehicles. See Louisiana Revised Statutes 30:2412
  • Tobacco assets: means all right, title and interest in and to the portion of the state allocation that may be sold to the corporation from time to time. See Louisiana Revised Statutes 39:99.3
  • Tobacco bonds: means the bonds, notes and other obligations issued by the corporation, exclusive of bonds that the corporation may issue to refund bonds, the net proceeds (after financing costs) of the first issue of which shall be used by the corporation to pay a portion of the purchase price to the state of Louisiana to purchase the tobacco assets. See Louisiana Revised Statutes 39:99.3
  • Tobacco settlement payments: means the monies paid or payable to the corporation pursuant to the master settlement agreement and the agreement as in effect from time to time. See Louisiana Revised Statutes 39:99.3
  • 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.
  • Toxic air pollutant: means an air pollutant which, based on scientifically accepted data, is known to cause or can reasonably be anticipated to cause either directly or indirectly through ambient concentrations, exposure levels, bioaccumulation levels, or deposition levels, adverse effects in humans, including but not limited to:

    (i)  Cancer;

    (ii)  Mutagenic, teratogenic, or neurotoxic effects;

    (iii)  Reproductive dysfunction;

    (iv)  Acute health effects; and

    (v)  Chronic health effects. See Louisiana Revised Statutes 30:2053

  • Trade secret: means any confidential formula, pattern, process, device, information, or compilation of information, including chemical name or other unique identifier, that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. See Louisiana Revised Statutes 30:2363
  • Transfer facility: means any transportation-related facility designed and constructed to be used exclusively for the handling of regulated hazardous wastes including loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous waste are held during the normal course of transportation. See Louisiana Revised Statutes 30:2173
  • Transportation: means the movement of hazardous wastes from the point of generation or storage to the point of treatment, storage, or disposal by any means of commercial or private transport. See Louisiana Revised Statutes 30:2173
  • Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or render it nonhazardous, safer for transport, amenable for recovery or storage, or reduced in volume. See Louisiana Revised Statutes 30:2173
  • Treatment works: means any plant or other works which accomplishes the treating, stabilizing, or holding of wastes. See Louisiana Revised Statutes 30:2073
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust office: means an office, other than the principal office, at which a trust company is licensed by the commissioner to act as a fiduciary. See Louisiana Revised Statutes 6:572
  • Trust representative office: means an office of an out-of-state trust company at which the company has been authorized by the commissioner to engage in a trust business other than acting as a fiduciary. See Louisiana Revised Statutes 6:572
  • 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 a part of the condominium property subject to individual ownership. See Louisiana Revised Statutes 9:1121.103
  • 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
  • Unlisted number: means an active telephone number which is not published in a telephone directory. See Louisiana Revised Statutes 45:841
  • Unsafe and unsound condition: means the inability of an association to meet its withdrawal requests or the association having violated its charter. See Louisiana Revised Statutes 6:703
  • Urban: means an area within the boundaries of an urbanized area, as that term is used by the United States Census Bureau, that includes at least forty-five thousand people. See Louisiana Revised Statutes 3:4751
  • Urban Agriculture Incentive Zone: means an area within a political subdivision that is comprised of individual properties designated as urban agriculture preserves by the political subdivision for farming purposes. See Louisiana Revised Statutes 3:4751
  • Used oil: means any oil, whether refined from crude oil or synthetic oil, that has been used and as a result of such use, is contaminated by physical or chemical impurities. See Louisiana Revised Statutes 30:2412
  • Used oil collection facility: means automotive service facilities, governmentally sponsored collection facilities, or other facilities, which in the course of business accept for disposal of five gallons or less of used oil from the general public, all as is more fully set forth by rule, and which store used oil in tanks or containers approved by the department. See Louisiana Revised Statutes 30:2412
  • 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.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Variance: means a special authorization granted to a person for a limited period of time which allows that person a specified date for compliance with a requirement pursuant to the provisions of this Subtitle. See Louisiana Revised Statutes 30:2004
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veteran-owned small entrepreneurship: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity which has not less than fifty-one percent ownership by a veteran of the United States Armed Forces and meets the criteria for certification by the secretary of the Department of Economic Development pursuant to R. See Louisiana Revised Statutes 39:2172
  • 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.
  • 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 service: means video programming services 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 45:1363
  • Video service provider: means any entity providing video service. See Louisiana Revised Statutes 45:1363
  • Violation: means a failure to comply with the requirements of this Subtitle, the rules issued under this Subtitle, and conditions of permits under this Subtitle. See Louisiana Revised Statutes 30:2004
  • Ward: means a beneficiary of the veterans administration. See Louisiana Revised Statutes 29:351
  • Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under R. See Louisiana Revised Statutes 30:2173
  • 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 management: means any of the various methods or means of reducing waste which are applied after the waste is generated or is outside of the location where waste is generated. 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
  • Waste site: means a landfill, pit, pond, lagoon, or other pollution source that contains hazardous wastes, including such surrounding property necessary to contain and impound the site and to secure or quarantine the area from access by the general public. See Louisiana Revised Statutes 30:2223
  • Waste tire: means a whole tire that is no longer suitable for its original purpose because of wear, damage, or defect. See Louisiana Revised Statutes 30:2412
  • Waste tire collection center: means a site where used tires are collected from the public prior to being offered for recycling. See Louisiana Revised Statutes 30:2412
  • Waste tire generation: means the replacement of an unserviceable tire with a serviceable tire. See Louisiana Revised Statutes 30:2412
  • Waste tire material: means recovered material produced from whole waste tires which have been processed, unless abandoned or otherwise improperly disposed of in a manner that subjects the material to solid waste regulations. See Louisiana Revised Statutes 30:2412
  • Waste tire processing facility: means a site where equipment is used to cut, burn, or otherwise alter whole waste tires so that they are no longer whole. See Louisiana Revised Statutes 30:2412
  • Wastes: means any material for which no use or reuse is intended and which is to be discarded. See Louisiana Revised Statutes 30:2073
  • wastes: means those elements or compounds defined or identified as hazardous wastes pursuant to the Louisiana Hazardous Waste Control Law, La. See Louisiana Revised Statutes 30:2223
  • 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
  • water pollution: includes but is not limited to any addition of any pollutant or combination of pollutants to waters of the state from any source, or any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the Gulf of Mexico from any source other than a vessel or other floating craft which is being used as a means of transportation. See Louisiana Revised Statutes 30:2073
  • Waters of the state: means both the surface and underground waters within the state of Louisiana including all rivers, streams, lakes, groundwaters, and all other water courses and waters within the confines of the state, and all bordering waters and the Gulf of Mexico. See Louisiana Revised Statutes 30:2073
  • 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
  • White goods: means inoperative and discarded refrigerators, ranges, water heaters, freezers, microwave ovens, and other similar domestic and commercial large appliances. See Louisiana Revised Statutes 30:2412
  • White Lake Property: means the properties owned by the state in and around White Lake, located in Vermilion Parish which were donated to the state in "Act of Donation by BP America Production Company to the State of Louisiana" dated July 8, 2002, and recorded July 11, 2002, in the conveyance records of Vermilion Parish, bearing entry number 20208337. See Louisiana Revised Statutes 56:799.2
  • Withdrawal value: means the amount credited to the shares of a member or to a savings or demand account, less lawful deductions therefrom, as shown on the records of the association. See Louisiana Revised Statutes 6:703
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • 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.