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rs-title-51•Title 51 — Trade and Commerce
As used in this Part:
Commission merchant means every person who sells in this state on commission or buys as broker or agent for or on account of any person, farm products, fish, oysters, shrimp, crabs, game, or fur skins.
Farm products means all agricultural, horticultural, and floricultural products, live stock, meats, hides, poultry, eggs, butter, milk, nuts, honey, and seeds.
Every commission merchant shall furnish a bond of one thousand dollars, payable to the commissioner of agriculture and forestry of Louisiana or his successors in office, to guarantee his compliance with the provisions of R.S. 51:1 through 4, such bond to be signed as surety by any surety company authorized to do business in this state.
Acts 2009, No. 24, §5, eff. June 12, 2009.
Every commission merchant shall keep complete records of all his transactions as such, including all brokerage transactions, full account of all purchases made for or on account of any person, and records of all consignments received, sales made, consignments refused, consignments claimed to be damaged, short, or inferior, with reason for the refusal or claim. He shall make statements, signed and numbered in duplicate, showing all sales made, quantity, and price paid, and he shall furnish to the consignor one copy of the statement or account of sale which shall include the name of the purchaser, his postoffice and street address, immediately upon delivery to the purchaser of the goods sold and the other copy shall be kept on file in the office of the commission merchant. He shall not charge or deduct commissions on consignment on any amount except the amount paid by the purchaser of the consigned goods, which commission shall not exceed ten per centum, except in the case of shrimps where the commission shall not exceed five per centum, and when he has sufficient reasons to refuse a consignment, or claims it seriously damaged or short, he shall immediately communicate with the consignor, stating his reasons.
Amended by Acts 1952, No. 347, §1.
No person shall misstate the condition of farm products or other products enumerated in R.S. 51:1, or the condition of the market, or any sale made, with intent to defraud, and no commission merchant shall take to his own account, or sell to himself or to any firm, partnership, corporation or association, of which he is a part or is agent, or is in any way interested, any part of any consignment, if such taking to account or sale is made to deceive or defraud the consignor, or to reduce the grade, value, or market price of the consignment or any part of it, or for the purpose of holding the consignment or any part of it off the market temporarily in order to sell to his own advantage or that of such firm, partnership, corporation, or association.
Whoever violates this Section shall be fined not less than twenty-five dollars nor more than one hundred dollars, and imprisoned for not less than thirty days nor more than six months.
Any factor, broker, commission merchant, middleman, or other person acting as a commission merchant who undertakes the sale for another of any goods, wares, merchandise, sugar, cotton, rice, or other agricultural produce, shall embody in all accounts of sales the address, dates and name of the person to whom sold, and shall render a correct account of sales within fifteen days of the date of sale of the whole or any portion of the goods.
Whoever violates this Section shall be fined not more than one thousand dollars nor less than five hundred dollars, or imprisoned for not more than twelve months nor less than six months, or both.
All books, records, and other papers and documents of all persons, selling on commission any agricultural, horticultural, or other products of the farm, lake, gulf, ocean, or stream may be inspected at any time by the commissioner of agriculture and forestry, the attorney general, any district attorney of the state, or any assistant or representative designated by either of these authorities, for the purpose of:
(1) Searching for evidence of any violation of law;
(2) Correcting any improper or illegal methods that may exist or be practiced in the conduct of the business;
(3) Determining the extent and character of any claim or complaint made by a shipper or consignor; or
(4) Providing for the welfare of the public and upholding the laws of the state.
A written request shall be made to any of these authorities by the consignor or shipper, and such inspection may be made by the consignor, or shipper, in person, or through his authorized representative.
Acts 2009, No. 24, §5, eff. June 12, 2009.
Whoever refuses to submit any books, records, other papers, or documents to inspection as required by R.S. 51:6 shall be imprisoned not less than thirty nor more than one hundred and twenty days, and if the offender refuses to submit the books, records, other papers, or documents at the instance of, or on the authority and direction of, any firm, partnership, corporation or association, such firm, partnership, corporation or association shall be fined not less than one hundred dollars nor more than five hundred dollars, notwithstanding the punishment imposed upon the individual.
Any authority making the inspection provided for in R.S. 51:7 who discovers evidence of violation of law shall place such evidence before the grand jury of the parish in which the offense appears to have been committed.
Whoever uses the information obtained by such inspection for any purpose other than to serve the purposes of justice shall be imprisoned not less than thirty nor more than one hundred and twenty days.
No person engaged in selling on commission agricultural, horticultural, or other products of the farm, forest, lake, gulf, ocean, or stream, shall enter into any combination, compact, agreement, or understanding to keep the market on such products below their proper limit indicated by supply and demand or charge excessive commission rates, or in any form, method, or manner, cheat, defraud or swindle the consignor of a lot or shipment of such products.
Whoever violates this Section shall be imprisoned not less than six nor more than twelve months.
As used in this Part:
(1) A "fire", "bankruptcy", or "fiduciary" sale includes an insurance, mortgage, insolvent, assignee's, executor's, administrator's, receiver's, trustee's, removal or closing out sale, or a sale of damaged goods.
(2) "Goods" includes goods, wares, and merchandise.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
The provisions of this Part shall not apply to sheriffs, constables, or other public or court officers, or to persons acting under the license, direction, or authority of any court, state or federal, selling goods in the course of their official duties.
Acts 1986, No. 806, §1.
Every person who advertises, represents, or holds out that any sale of goods is a fire, bankruptcy, or fiduciary sale shall first obtain a license to conduct the sale from the mayor of the municipality in which he proposes to conduct the sale. For sales conducted in unincorporated areas, the person shall obtain a license from the governing authority of the parish of location.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
A. Every person who desires a license under R.S. 51:33 shall make an application to the mayor or to the governing authority of the parish of location, in writing and under oath, showing all the facts in regard to the insurance, bankruptcy, mortgage, insolvency, assignment, administration, receivership, trusteeship, or removal by reason of which the sale is to be conducted, or in regard to the closing out of his stock of goods or any particular line or part, with a statement as to the reason for the closing out, or in regard to the damage to the goods, and in regard to the sale which he proposes to conduct, the place and manner of conducting it, including an inventory of the goods to be sold, a statement, as far as possible, of the names of the persons from whom the goods were obtained, the date of the delivery of the goods to the person applying for the license, the place from which the goods were last taken, and all detail necessary to identify fully the goods to be sold. The application shall also specify whether the applicant proposes to advertise or conduct the sale as a fire, bankruptcy, or fiduciary sale with a statement of the fiduciary relationship.
B. The application shall specify the proposed period of time over which the sale is to continue, which period shall not exceed three months. If it appears upon a sworn application to the mayor, or to the governing authority of the parish of location, at any time during the three-month period, that all of the goods, described and inventoried in the original application, have not been sold, and if the application is accompanied by an inventory of what remains, a supplemental license, granting authority to continue the sale for a further period of three months, shall be issued by the mayor or the governing authority of the parish of location upon the same terms and conditions as the original license.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
If the mayor or the governing authority of the parish of location is satisfied from the application required by R.S. 51:34 that the proposed sale is of the character which the applicant desires to conduct and advertise, he shall issue a license, upon the payment of the fee of twenty-five dollars, to the person applying, authorizing him to advertise and conduct a sale of the particular kind mentioned in the application according to the requirements of this Part.
Acts 1986, No. 806, §1.
The mayor or the governing authority of the parish of location to whom application is made, as provided for in R.S. 51:34, shall endorse upon the application the date of its filing, preserve it as a record of his office, make an abstract of the facts set forth in the application in a book, properly indexed and kept for that purpose, which abstract shall contain the name of the person asking for a license, the nature of the proposed sale, the place where the sale is to be conducted, its duration, the inventory value of the goods to be sold, and a general statement as to where the goods came from, and make in the book a notation as to the issuance or refusal of the license applied for, together with the date of issuance or refusal and endorse on the application the date that the license, as applied for, is granted or refused. The application and abstract shall be prima facie evidence of all statements contained therein.
Acts 1986, No. 806, §1.
The license required by R.S. 51:33 shall be valid only for a sale of the goods inventoried and described in the application for the license, in the manner and at the time and place mentioned and set forth in the application. Any removal of the goods so inventoried and described in the application from the place of sale mentioned in the application, shall cause the goods to lose their identity as an insurance, bankrupt, mortgaged, insolvent's, assignee's, executor's, administrator's, receiver's, or trustee's stock of goods, or a damaged stock of goods, and thereafter no license shall be issued for the conducting of a sale of any goods so removed from the place set forth and described in the application, under the provisions of this Part at any other place.
Acts 1986, No. 806, §1.
No person intending to conduct a fire, bankruptcy, or fiduciary sale under the license required by R.S. 51:33 shall order any goods for the purpose of selling and disposing of the same at the sale, and any unusual purchase and additions to the stock of goods within sixty days prior to the filing of the application for license to conduct the sale mentioned in R.S. 51:34 shall be presumptive evidence that the purchases and additions to stock were made in contemplation of the sale and for the purpose of selling the purchases and additions at the sale.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
A. No person carrying on or conducting a fire, bankruptcy, or fiduciary sale under the license required by R.S. 51:33 shall, during the continuance of the sale, add any goods to the stock of goods described and inventoried in his original application, and no goods shall be sold at or during the sale, except the goods described and inventoried in such original application.
B. Each and every addition of goods to the stock of goods described and inventoried in the application, and each sale of the goods not inventoried and described in the application shall constitute a separate offense under this Part.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
A. No person shall advertise, represent, or hold out any sale of goods to be a fire, bankruptcy, or fiduciary sale without having complied with the provisions of this Part.
B. Whoever violates this Section shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned for not less than thirty days nor more than six months, or both.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
A. No person shall hold, conduct, or carry on any sale of goods as a fire, bankruptcy, or fiduciary sale contrary to the provisions of this Part.
B. Whoever violates any of the provisions of this Part except as provided in R.S. 51:40 shall be fined not less than two hundred and fifty dollars nor more than one thousand dollars, or imprisoned for not less than three months nor more than six months, or both.
Acts 1986, No. 806, §1; Acts 1995, No. 669, §1.
For purposes of this Part, the following terms shall have the meanings specified in this Section:
(1) "Going-out-of-business sale" means any sale advertised, represented, or held forth as a sale to dispose of all goods as a means of ceasing to do business or changing business location. The term shall include a sale held under the designation of "going-out-of-business", "selling out", "liquidation", "lost our lease", "forced to vacate", "moving to a new location", "closing out sale", "store closing sale", or any other designation of like meaning. However, the term shall not include an end-of-the-season sale or a going-out-of-business sale limited to sale of a particular brand or line of goods.
(2) "Goods" means goods, wares, or merchandise.
(3) "Person" means an individual, partnership, voluntary association, or corporation.
(4) "Promoter" means a person who performs or offers to perform any service to facilitate or assist in a going-out-of-business sale, including but not limited to advertising and sales.
Acts 1995, No. 669, §1; Acts 2018, No. 374, §1, eff. July 1, 2018.
The provisions of this Part shall not apply to or otherwise affect the following:
(1) A sale conducted pursuant to an order or process of a court of competent jurisdiction.
(2) A sale conducted by a sheriff, constable, a public or court officer, or other person who sells goods in the course of his official duties while acting under the license, direction, or authority of a state or federal court.
Acts 1995, No. 669, §1.
A. No person shall advertise, offer for sale, or sell a stock of goods at a going-out-of-business sale without a license issued pursuant to this Part for the conduct of such sale. A separate license shall be required for each location at which such a sale is to be conducted.
B. No person shall act as a promoter for a going-out-of-business sale without having registered pursuant to this Part.
Acts 1995, No. 669, §1.
A. The consumer protection section of the Department of Justice shall administer the provisions of this Part and shall have the authority to promulgate and adopt, pursuant to the Administrative Procedure Act, such rules and regulations as may be necessary for such administration.
B. All documents submitted to the consumer protection section pursuant to this Part shall be subject to the Public Records Act.
Acts 1995, No. 669, §1.
A. Any person desiring to act as a promoter for a going-out-of-business sale shall apply to the consumer protection section for registration as a promoter. Application for such registration shall be in writing, under oath, in the form prescribed by the consumer protection section and shall contain such information as that section requires.
B. Each application shall be accompanied by such documentation as required by the consumer protection section, including a copy of a written agreement between the promoter and the person licensed to conduct the going-out-of-business sale. The agreement shall contain the date that it was entered into by the parties, all terms agreed to by the parties, and the name and address of the promoter, and shall be signed by both parties.
C. Upon receipt of the application and documentation required and payment of a registration fee of one hundred dollars, the consumer protection section shall register the applicant as a promoter. Each registration shall be valid for one year from the date of issuance and may be annually renewed upon application and payment of a renewal fee of one hundred dollars.
Acts 1995, No. 669, §1.
A. Each person desiring to conduct a going-out-of-business sale shall make application to the consumer protection section at least five days prior to the opening date of such sale. Application for such licensure shall be in writing, under oath, in the form prescribed by the consumer protection section, and shall contain all information pertaining to the reasons and character of the sale, including the following:
(1) The opening and termination dates of the sale.
(2) A complete inventory of the goods actually on hand in the place where such sale is to be conducted, including all details necessary to locate exactly and identify fully the goods to be sold.
(3) The names and residences of owners or partners in whose interest the sale is to be conducted.
B. Any applicant who uses the services of a promoter for a going-out-of-business sale shall include a signed and dated copy of his agreement with the promoter as part of his application.
C. The consumer protection section may request that an applicant submit such other information as deemed necessary by that section.
D. Each application shall be accompanied by a deposit of either five hundred dollars or a dollar amount equal to one percent of the wholesale cost of the inventory specified in Paragraph (2) of Subsection A of this Section, whichever amount is greater. However, no such deposit shall exceed five thousand dollars.
E. Each application shall be accompanied by a license fee of one hundred dollars.
Acts 1995, No. 669, §1.
A. Upon application and payment of the deposit and license fee specified in R.S. 51:47, the consumer protection section shall issue a going-out-of-business sale license to an applicant. Such license shall authorize the licensee to advertise and conduct the going-out-of-business sale specified in the application. Such license shall expire ninety days from its date of issuance or on the termination date specified in the application for such license, whichever date occurs first.
B. The licensee shall make all documentation concerning the goods to be included in such going-out-of-business sale available for inspection by representatives of the consumer protection section. Such documentation shall include but not be limited to purchase orders and delivery statements.
C. Each licensee shall include the number of its license to conduct a going-out-of-business sale and the expiration date of that license in any advertisement for such sale. Each licensee shall also post such license in a conspicuous location at each point of sale.
D. Each licensee shall file a monthly report with the consumer protection section, commencing one month from the opening date of the sale, on a form required by such section. Such report shall enumerate all goods sold, transferred, or otherwise disposed of by the licensee or his agents, servants, or employees during that month pursuant to the going-out-of-business sale.
Acts 1995, No. 669, §1.
A. No person shall, in contemplation of conducting a going-out-of-business sale, order any goods for the purpose of selling or disposing of such goods at such sale. Any unusual purchases or additions to the stock of goods within sixty days prior to the filing of an application for a license to conduct a going-out-of-business sale shall be presumptive evidence that such purchases or additions to stock were made in contemplation of such sale.
B.(1) No goods other than those listed in the inventory specified in a license application for a going-out-of-business sale shall be included in a going-out-of-business sale.
(2) No going-out-of-business sale shall continue beyond the expiration date of the license to conduct such sale. However, the consumer protection section may authorize a licensee to extend a sale past the expiration date of the license upon proper showing of need. In order to qualify for such an extension, a licensee shall, at a minimum, submit a revised inventory to the consumer protection section. Such inventory shall list only those goods which were included in the inventory specified in the license application for that going-out-of-business sale and which remain unsold. Such listing shall not include any goods not so included.
C. No person shall, upon conclusion of a going-out-of-business sale, continue that business which has been represented as terminal under the same or a different name at the same location.
Acts 1995, No. 669, §1.
A. Upon its expiration, voluntary surrender prior to expiration, or lapse of extension granted pursuant to R.S. 51:49(B)(2), each license issued pursuant to this Part shall be returned to the consumer protection section. Such section shall cancel the license, endorse the date of delivery and cancellation on the license, and place the cancelled license on file.
B. If a license issued pursuant to this Part has been lost or destroyed, a licensee shall file an affidavit with the consumer protection section. Such affidavit shall describe the license with sufficient particularity to identify the license and licensee and shall specify such loss or destruction. The consumer protection section, upon proof of such loss or destruction, may accept such affidavit in lieu of the return of a license required by Subsection A of this Section.
Acts 1995, No. 669, §1.
A. The deposit made by an applicant for licensure pursuant to R.S. 51:47(D) shall be held by the consumer protection section for a period of sixty days from the date of delivery of a returned license or from the date of acceptance of an affidavit in lieu of return. B. While in the hands of the consumer protection section, such deposit shall be subject to attachment or execution in behalf of creditors or consumers whose claim may arise in connection with business done pursuant to the license for which such deposit was made. The consumer protection section may also be held to answer as garnishee under process of foreign attachment in any civil action brought against the licensee. However, no such payment may be made or garnished from the deposit of a licensee until the expiration of the sixty-day period specified in Subsection A of this Section.
C. While in the hands of the consumer protection section, such deposit shall also be subject to the payment of any fine or penalty imposed on the licensee for violation of any provision of this Part. However, such payment shall be made only if the clerk of the court imposing such fine or penalty notifies the section of the name of the licensee and the amount of the fine or penalty during the period in which the deposit is in the hands of the consumer protection section.
D. After satisfying all claims made upon a licensee's deposit, the consumer protection section shall return the deposit, or such portion of the deposit as remains in its hands to the licensee or as directed by the licensee.
E. Upon the failure of the licensee to return the license or an affidavit in lieu of such return within three hundred sixty-five calendar days from the expiration of the license, the deposit shall revert to the Unclaimed Property Division of the Department of the Treasury in the name of the licensee and the consumer protection section of the Department of Justice.
F. While in the hands of the Unclaimed Property Division of the Department of the Treasury, the deposit shall be subject to the provisions of Subsections A through D of this Section. The deposit shall be released by the Department of Treasury to the licensee only upon verification by the Department of Justice that the licensee has complied with R.S. 51:50 and Subsection A of this Section.
G. Any deposit remaining in the consumer protection section which was received more than three hundred sixty-five calendar days prior to July 1, 2018, shall revert to the unclaimed property division of the Department of the Treasury in the name of the licensee and the consumer protection section. The provisions of Subsections E and F of this Section shall apply to such deposit.
Acts 1995, No. 669, §1; Acts 2018, No. 374, §1, eff. July 1, 2018; Acts 2019, No. 439, §2, eff. July 1, 2019.
A. The consumer protection section may impose a civil penalty of not more than twenty-five hundred dollars for each offense on any person who violates R.S. 51:44 or any other provision of this Part. Each day for which the violation occurs shall be deemed a separate offense.
B. Any person who violates R.S. 51:44 or any other provision of this Part shall be fined not more than two thousand five hundred dollars, or imprisoned for not more than ninety days, or both.
C. Violation of any provision of this Part shall constitute an unfair or deceptive act or practice for purposes of the Unfair Trade and Consumer Protection Law, R.S. 51:1405 et seq.
D. No criminal or civil penalty prescribed in this Part shall apply to any act of a publisher, owner, agent, or employee of a newspaper, periodical, or radio or television station in publishing or otherwise disseminating any advertisement unless such person has actual knowledge of the false, misleading, or deceptive character of the advertisement.
Acts 1995, No. 669, §1.
A. Any person who advertises, represents, or holds out any sale of goods to be a going-out-of-business sale, and applies for an initial license, or an initial license and a supplemental license, pursuant to this Part, shall be deemed guilty of false advertising if the person continues to operate his business after the expiration date of the going-out-of-business sale license held.
B. Whoever violates this Section shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned for not less than thirty days nor more than six months, or both.
Acts 1995, No. 470, §1.
Whenever used in this Part, "board" refers to the New Orleans Aviation Board, the Board of Commissioners of the Lake Charles Harbor and Terminal District, the South Louisiana Port Commission, the South Tangipahoa Parish Port Commission, the Greater Baton Rouge Port Commission, the Caddo-Bossier Port Commission, the Vidalia Port Commission, the Board of Commissioners of the England Economic and Industrial Development District, the Board of Commissioners of the Port of New Orleans, the Plaquemines Port, Harbor and Terminal District, the Board of Commissioners of the Port of Iberia, and in addition, any port commission or port, harbor, and terminal district, the New Orleans Regional Business Park, and any airport with an industrial park or property designated for industrial development.
Amended by Acts 1964, No. 24, §1; Acts 1966, No. 473, §1; Acts 1970, No. 642, §1; Acts 1972, No. 39, §1; Acts 1981, No. 321, §1; Acts 1985, No. 470, §1; Acts 1986, No. 453, §1; Acts 2003, No. 416, §1; Acts 2010, No. 747, §1; Acts 2020, 2nd Ex. Sess., No. 29, §1, eff. Oct. 28, 2020; Acts 2022, No. 174, §1.
The board may make application to the Secretary of Commerce of the United States for the purpose of establishing, operating, and maintaining foreign-trade zones under 48 Stat. 998 (1934),1 providing for the establishment, operation and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes.
Amended by Acts 1966, No. 473, §1.
119 U.S.C.A. §81a et seq.
The board may select and describe the location of the zone for which application is made, and make such rules and regulations concerning the operation, maintenance, and policing of the zone as may be necessary to comply with the Act of Congress creating foreign trade zones, or as may be necessary to comply with the rules and regulations, made in accordance with the Acts of Congress,1 relating to foreign-trade zones.
Amended by Acts 1966, No. 473, §1.
119 U.S.C.A. §81a et seq.
The board may lease the right to do so or may erect, maintain, and operate any structures, buildings, or enclosures as may be necessary or proper for establishing and operating any foreign trade zones or subzones that may be established in the New Orleans International Airport, the South Louisiana Port Commission, the Lake Charles Harbor and Terminal District, the South Tangipahoa Parish Port Commission, the Greater Baton Rouge Port Commission, the Caddo-Bossier Port Commission, the Vidalia Port Commission, the England Economic and Industrial Development District, the Port of New Orleans, the Plaquemines Port, Harbor and Terminal District, the Board of Commissioners of the Port of Iberia, or any port commission or port, harbor, and terminal district, the New Orleans Regional Business Park, and any airport commission with an industrial park or property designated for industrial development under and by virtue of 19 U.S.C. 81a et seq.
Amended by Acts 1966, No. 473, §1; Acts 1981, No. 321, §1; Acts 1985, No. 470, §1; Acts 1986, No. 453, §1; Acts 2003, No. 416, §1; Acts 2010, No. 747, §1; Acts 2020, 2nd Ex. Sess., No. 29, §1, eff. Oct. 28, 2020; Acts 2022, No. 174, §1; Acts 2022, No. 174, §1.
The authority granted in this Part to the board confers on the board the right to do all things necessary and proper to carry into effect the establishing, maintaining, and operating of foreign trade zones in the New Orleans International Airport, the South Louisiana Port Commission, the Lake Charles Harbor and Terminal District, the Port of New Orleans, the South Tangipahoa Parish Port Commission, the Caddo-Bossier Port Commission, the Vidalia Port Commission, the England Economic and Industrial Development District, the Greater Baton Rouge Port Commission, the Plaquemines Port, Harbor and Terminal District, the Board of Commissioners of the Port of Iberia, or any port commission or port, harbor, and terminal district, the New Orleans Regional Business Park, and any airport with an industrial park or property designated for industrial development, and to comply fully with the provisions of 19 U.S.C. 81a et seq. and all regulations that may be made under it. Further, a board that does not have federally authorized foreign trade zone status may enter into agreement with another board that has federally granted foreign trade zone authority to establish, maintain, or operate a subzone or subzones within the jurisdiction of the board, provided that the agreement shall not limit or affect the powers and authority of either board.
Amended by Acts 1966, No. 473, §1; Acts 1981, No. 321, §1; Acts 1985, No. 470, §1; Acts 1986, No. 453, §1; Acts 2003, No. 416, §1; Acts 2010, No. 747, §1; Acts 2020, 2nd Ex. Sess., No. 29, §1, eff. Oct. 28, 2020; Acts 2022, No. 174, §1.
No structure, building, or enclosure belonging to, or leased, maintained, or operated by the Board of Commissioners of the Port of New Orleans or others in the foreign trade zone in the Port of New Orleans shall be used for the storing of domestic merchandise or commodities, unless these domestic merchandise or commodities are to be mixed or commingled with merchandise or commodities which are either imported into this country or exported to a foreign country.
However, nothing in this Section shall prohibit domestic merchandise or commodities from being admitted to such foreign trade zone for the purpose of being repacked, sorted, graded, cleaned, scoured, or otherwise processed.
Commerce means trade or commerce within the geographic boundaries of this state.
Acts 2003, No. 933, §4.
A. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce in this state is illegal.
B. Whoever violates this Section shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, not more than three years, or both.
C. For purposes of this Title, a parent corporation, limited liability company, partnership, or partnership-in-commendam is not capable of conspiring with any subsidiary that it controls, and each such controlled subsidiary is not capable of conspiring with any other wholly owned subsidiary controlled by the same common parent.
D. For the purposes of this Part only, an officer or employee of a legal entity is not capable of conspiring with the legal entity or with another officer or employee of the legal entity when they are acting on behalf of the entity.
Acts 2003, No. 888, §1; Acts 2012, No. 782, §1.
No person shall monopolize, or attempt to monopolize, or combine, or conspire with any other person to monopolize any part of the trade or commerce within this state.
Whoever violates this Section shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, not more than three years, or both.
A. No person, engaged in commerce shall, in the course of such commerce, lease, sell, or contract for the sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented, for use, consumption, or resale within this state, or fix a price, discount, or rebate on the condition, agreement, or understanding that the purchaser or lessee shall not use or deal in the goods, wares, merchandise, machinery, or other commodities of a competitor of the vendor or lessor, where the effect of the sale, contract for sale, or lease, or the condition, agreement, or understanding is to substantially lessen competition or tends to create a monopoly in any line of commerce.
B. No person engaged in commerce shall, in the course of such commerce in connection with or pursuant to the sale of machines and equipment intended for commercial use, refuse to furnish in connection with and as part of such sales, manuals containing diagrams, instructions and parts lists sufficient to permit the user of the machines and equipment to repair the machines and equipment where such refusal compels the user to obtain repair services from the seller and tends to lessen competition or create a monopoly in any line of commerce. This subsection shall in no manner be applicable to machines and equipment sold for personal use.
C. Definitions. As used in this section:
(1) The term "personal use" shall include any goods, wares, merchandise, machinery, equipment, supplies or other commodities sold primarily for a personal, family or household use.
(2) The term "commercial use" shall include any goods, wares, merchandise, machinery, equipment, supplies, or other commodities sold for the exclusive use in and around an office, plant, factory, store, or any other commercial establishment.
Amended by Acts 1970, No. 669, §1.
A. No corporation, engaged in commerce, shall acquire, directly or indirectly, the whole or any part of the shares of another corporation, engaged in the same line of commerce, where the effect of the acquisition:
(1) May be to substantially lessen competition between the corporation whose stock is acquired and the corporation making the acquisition;
(2) May be to restrain commerce in any section or community; or
(3) Tends to create a monopoly in any line of commerce.
B. No corporation shall acquire, directly or indirectly, the whole or any part of the shares of two or more corporations, engaged in the same line of commerce, where the effect of the acquisition, or the use of the shares by voting or granting of proxies, or otherwise:
(1) May be to substantially lessen competition between the corporations, or any of them, whose shares are acquired;
(2) May be to restrain commerce in any section or community; or
(3) Tends to create a monopoly of any line of commerce.
C. Nothing in this Section shall:
(1) Prohibit corporations from purchasing shares solely for investment, and not using them by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition;
(2) Prevent a corporation engaged in commerce from causing the formation, holding, owning, and voting shares of subsidiary corporations for the purpose of carrying on their immediate lawful business, or their natural and legitimate branches or extensions, when the effect of the formation is not to substantially lessen competition;
(3) Prohibit any common carrier from aiding in the construction of branches or short lines so located as to become feeders to the lines of the company aiding in the construction, or from acquiring or owning all or any part of the shares of the branch lines;
(4) Prevent any common carrier from acquiring or owning all or any part of the shares of a branch or short line constructed by an independent company where there is no substantial competition between the company owning the branch line and the company owning the main line acquiring the property or an interest therein; nor
(5) Prevent a common carrier from extending any of its lines through the medium of the acquisition of shares, or otherwise, of any other common carrier where there is no substantial competition between the company extending its lines and the company whose shares, property, or interest are acquired.
Whenever a corporation violates any of the penal provisions of this Part the violation shall also be that of the individual officers, directors, or agents of the corporation who authorized, ordered, or did any of the acts constituting in whole or in part a violation.
Whoever violates this Section shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, not more than three years, or both.
Whenever in any suit on behalf of the state it appears to the court, by affidavit or otherwise, either in limine or upon trial, that any manufacturing plant has been closed and kept idle for more than one year, it shall be presumed that such manufacturing plant was closed and kept idle for the purpose of violating this Part. The court shall receive and consider any and all evidence, whether by affidavit or otherwise, which may rebut this presumption. In computing the one year period, any plant is idle which has not been operating bona fide.
If the court finds that the facts do not fairly rebut the presumption, it shall issue an order to the owner to sell the plant to bona fide third parties, within a delay fixed by the court, not to exceed six months from the date of the order. If, at the expiration of that time, the plant is not sold, the court shall appoint a receiver to take possession, under bond, and the receiver may sell, lease, or dispose of the plant under the directions of the court, within twelve months of the order appointing him.
No sale or lease shall be made to any individual who has been connected with the management of the plant, or to any corporation or firm composed in whole or in part of such individuals. No corporation shall buy or lease the plant if more than thirty per cent of its stock is held by former stockholders of the offending corporation.
All sales by receivers under this Part shall be made according to the law governing sheriff's sales.
The district courts have jurisdiction to prevent and restrain violations of this Part, and the Attorney General or the district attorneys in their respective districts under the direction of the Attorney General or the governor, shall institute proceedings to prevent and restrain violations. Proceedings shall be by way of petition and by citation, setting forth the case and praying that the violations be enjoined, or otherwise prohibited. When the parties complained of have been duly notified of the petition, the court shall proceed, as soon as practicable, to the hearing and determination of the case. Pending such action and before the final decree, the court may at any time issue a temporary restraining order if it is just in the premises. Whenever other parties are required, the court may summon them whether they reside in the parish in which the court is held or not, and the subpoenas may be served in any parish by the sheriff thereof.
Any person may sue for and have injunctive relief, in any court having jurisdiction over the parties, against threatened loss or damage by a violation of the provisions of this Part under the rules governing such proceedings.
A preliminary injunction may issue upon a showing that the danger of irreparable loss or damage is immediate and upon execution of proper bonds against damages for an injunction improvidently granted.
Where, because of irreparable injury to the public interest, an injunction is issued under this Part, the court may issue such interlocutory orders as it deems requisite for ex-officio sequestration or for receivership over any property utilized in violating this law. If the business is one to which a public interest has attached by reason of the monopoly or other circumstances, or if the public welfare would suffer from the suspension of defendant's business, the court may order the judicial sequestrator or receiver appointed by him, after such officer has been sworn and has given bond in the amount the court fixes, to carry on the business of the defendant until the termination of the suit, with all powers customary and necessary in a receivership proceeding. Either side aggrieved by the judgment appointing or refusing to appoint a receiver has a suspensive appeal within five days, without bond, upon the original papers and in the appellate court the cause shall be heard and determined within forty days after the appeal is lodged, and if the appeal is lodged during vacation of the court, the forty day period shall begin immediately after vacation.
Any suit, action or proceeding under this Part in the name of the state against a corporation, shall be brought in the parish where it is domiciled, or if it has no domicile in this state, then in any parish in which it may be found or transacts business. Subpoenas for witnesses who are required to attend in any case, civil or criminal, may run into any other parish, but in civil cases no subpoena shall issue for witnesses living out of the parish in which the court is held at a greater distance than one hundred miles from the place of holding court without the permission of the trial court upon proper application and cause shown.
A final judgment rendered in any criminal prosecution or civil suit brought by or on behalf of the United States under its antitrust laws or by or on behalf of this state under this Part to the effect that a defendant has violated these laws, shall be prima facie evidence against such defendant in any civil proceeding brought by any other party under these laws as to all matters respecting which the judgment would be res judicata between the parties to the suit or prosecution. This Section does not apply to consent judgments. Whenever any proceeding, civil or criminal, is instituted by the United States, or by this state, to restrain or punish violations of its antitrust laws, the running of prescription of a private right of action arising under these laws and based in whole or in part on any matter complained of in the proceeding shall be suspended during the pendency of the proceeding.
In any suit under this Part, the judge shall give the books, letters, and other documents, or apparent copies of them, belonging to the defendant, full effect as being what they purport to be and as establishing the facts carried on their face, unless there is sufficient rebuttal or countervailing proof, against them. Such books, letters or other documents, or apparent copies of them, shall be received in evidence without other formality than proof of their having been under the control of the defendant.
The judge shall receive in evidence any report by a legislative committee of Louisiana, or of the Senate or House of Representatives of the United States, or of any bureau, department, or any commission organized or acting under the authority either of this state or the United States, pertinent to the issue. The judge shall receive in evidence any record or parts of the record of any court of any state or of the United States in any legal proceeding to which the defendant is or has been a party, on the condition that all of the record is produced unless the certificate of the custodian shows that all of it is not obtainable. However, the testimony of a witness shall not be received unless the party against whom it is offered has had the opportunity to cross-examine, but the defendant may put the record, or parts of it, in evidence whether the state or other plaintiff has had the right to cross-examine or not, and in the absence of denial, explanation, or counter-proof, the report, record, or testimony, shall be prima facie evidence of the facts set forth.
In all cases under this Part the defendant shall file all exceptions in limine litis, or if necessary in the alternative, after the usual delays, and any additional delays as the court may allow; however, a plea to the jurisdiction is not waived by other pleas or exceptions filed. The judge shall take up such exceptions in preference over all other business and shall decide all questions raised in the exceptions within ten days after submission, and his ruling shall have the effect of res judicata, unless the party cast shall appeal within five days. The appeal is returnable within ten days to the appellate court which shall hear and determine the case within forty days. If the exceptions are overruled by final judgment of the appellate court, the defendant shall file his answer covering all questions of controverted fact within fifteen days, and the case may be set for trial on the application of either party, which case the judge shall consider in preference over all other business.
All interlocutory judgments in the cases affected by this Part, and not otherwise provided for, shall be appealable within five days and shall be heard and determined within twenty days after appeal is lodged, and any interlocutory judgments not appealed, except those rendered during the progress of the trial, shall be final, and shall not be reopened on final appeal. Such appeals shall be on the original papers, on the order of the district judge, if a transcript cannot be prepared in time.
The district attorneys and the attorney general prosecuting any case to favorable judgment for the state under this Part shall be paid a reasonable attorneys fee, as the court may fix, out of the property of the defendant and this fee shall be taxed as costs of court.
Amended by Acts 1978, No. 783, §1, eff. July 17, 1978.
Any person who is injured in his business or property by any person by reason of any act or thing forbidden by this Part may sue in any court of competent jurisdiction and shall recover threefold the damages sustained by him, the cost of suit, and a reasonable attorney's fee.
All suits for the enforcement of this Part shall be instituted in the district courts by the Attorney General, on his own motion or by direction of the governor, or by the district attorney, acting under instruction of the governor or Attorney General; but when the penalty of imprisonment is demanded, the prosecution shall be in accordance with the provisions regulating criminal procedure.
A. In the interest of the public welfare, on the petition of the state of Louisiana through the attorney general, the district courts shall have authority under this Part, in a proper case, to order the forfeiture of the charter of a domestic corporation and its liquidation in accordance with existing laws for violations resulting in a judgment.
B. In a like proceeding brought by the state of Louisiana through the attorney general involving a foreign corporation, such courts may order the ouster from the state of a foreign corporation, and the liquidation of its affairs within the state through a liquidating receiver, named in the judgments, under bond as the court may fix, and the sale, under the orders of the court, of any property utilized in any business declared to have been carried on unlawfully.
Amended by Acts 1975, No. 366, §1.
No person shall conspire in restraint of trade or commerce by agreeing, combining, or conspiring with any other person to fix a definite price for dealing in, buying, or selling products of the soil such as fruits, nuts, or vegetables, for the purpose of controlling the market or to present legitimate competition.
Whoever violates this Section shall be fined not more than one thousand dollars, or imprisoned with or without hard labor for not more than three years, or both.
Any person guilty of the offense defined in R.S. 51:140 who reports the facts under oath within six months after committing the offense to any prosecuting attorney, shall be granted full immunity from prosecution under R.S. 51:140 in respect to the particular offense reported.
Nothing in this Part shall apply to agricultural products or live stock while in the hands of the producer or raiser, or affect any combination of laborers for the purpose of procuring an increase of their wages or redress of grievances.
The Attorney General or district attorney acting under him, or the governor, before beginning an action under this Part may present to the court a written application for an order directing any person, as the Attorney General or district attorney requires, to appear before any judge, clerk of court, or notary public designated in the order, and answer relevant and material questions put to them concerning any illegal contract, combination, or conspiracy in restraint of trade or commerce, or to create a monopoly under this Part, and if it appears to the court to which the application is made that an order is necessary or expedient, the order shall be granted. The order shall be granted without notice, but if notice is required by the court to which the application is made, an order to show cause why the application shall not be granted shall be made and shall contain a temporary restraining order that appears proper to the court, and specifies the time and the place the witnesses are required to appear.
The order for examination shall be signed by the judge making it, and the service of a copy with an endorsement signed by the Attorney General or district attorney that the person named shall appear and be examined at the time and place and before the officer specified in the endorsement, shall be sufficient notice for the attendance of witnesses.
The endorsement may require the person to produce on examination all books, papers and documents in his possession or under his control, relating to the subject of such examination. The production of books and papers for inspection shall be subject to the order of the judge who has ordered the examination; and either party may, by a petition, ask that the judge pass on the questions as to whether or not the books or papers should be produced, examined, and introduced in evidence.
The order to appear as a witness under the provisions of R.S. 51:144 shall be served and return made as in the case of subpoenas.
The place fixed for the examination shall be that most convenient to the person being investigated, whether within or without the parish of his domicile.
The witness shall not refuse to produce books or papers in accordance with the order or to answer any questions in reference to the subject matter of the investigation upon the ground that these acts would tend to incriminate him or subject him to a penalty or forfeiture.
The witness shall not be liable to prosecution, or subject to any action, penalty, or forfeiture on account of any transaction, matter, or thing concerning which he may testify or produce books or papers.
No testimony taken under authority of R.S. 51:143 shall be made public, unless by order of the governor, for the use in proper judicial proceedings.
Any person giving unlawful publicity to the testimony shall be in contempt of the court issuing the original order, and shall be fined not less than fifty dollars nor more than two thousand dollars or imprisoned not less than five days nor more than six months, or both. Any and all testimony taken under authority of R.S. 51:143 shall be heard only in the presence of the interested parties and their attorneys, but may be introduced in evidence in subsequent proceedings by the state against the person investigated, unless, in the discretion of the trial court, the defense would be unfairly affected.
The officer designated under the authority of R.S. 51:144 may adjourn the examination from time to time, and witnesses shall attend accordingly.
The officer designated under the authority of R.S. 51:144 shall cause the testimony to be recorded by competent stenographers. Each witness shall sign his testimony. After the close of the examination, the officer shall certify and deliver all testimony to the Attorney General or district attorney. The Attorney General or district attorney shall forthwith seal and forward it to the governor who shall be the custodian thereof.
If any witness is properly served with notice to appear and testify, and fails to obey the notice, or refuses to testify or produce books or papers, the attorney general or district attorney may file a statement with the judge, setting out the facts, and the judge may issue a citation to the parties causing them to appear and show cause why he should not be punished for contempt. In these contempt proceedings, the person may be fined not more than two thousand dollars or imprisoned not more than six months, or both.
The judge may order the taxation and payment of costs in the proceedings under authority of R.S. 51:143 against the person examined, or any person connected in any way with the examination. Costs shall be collected in the ordinary way, and an itemized statement of costs shall be filed with the clerk of the district court to whom all costs shall be paid.
An appeal from an order granted under authority of R.S. 51:143 shall be within five days, and shall be heard and determined within forty days from the time the appeal is lodged, or if the court is in vacation, within forty days after it convenes.
Except as provided in R.S. 51:193, the governing authority of any parish or municipality may adopt ordinances regulating or prohibiting the opening of certain businesses and/or the sale of certain stock or articles of merchandise on Sunday, if approved by the voters at an election called as provided in Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950.
Acts 1986, No. 1, §1.
{{NOTE: SEE ACTS 1986, NO. 1, §3, REGARDING EFFECTIVE DATES OF MAY 22, 1987 OR DEC. 1, 1986.}}
No store or business that is opposed to being open on Sunday shall be required to open on Sunday unless it is agreed to in the lease agreement.
Acts 1983, No. 546, §1; Acts 1983, No. 726, §1, eff. July 21, 1983; Acts 1985, No. 586, §1, July 13, 1985; Acts 1986, No. 1, §1.
{{NOTE: SEE ACTS 1986, NO. 1, §3, REGARDING EFFECTIVE DATES OF MAY 22, 1987 OR DEC. 1, 1986.}}
No motor vehicle dealer licensed pursuant to Title 32 of the Louisiana Revised Statutes of 1950 who is engaged in the sale of new or used cars or trucks may be open on Sunday.
Acts 1986, No. 1, §1.
{{NOTE: SEE ACTS 1986, NO. 1, §3, REGARDING EFFECTIVE DATES OF MAY 22, 1987 OR DEC. 1, 1986.}}
{{NOTE: SEE ACTS 1986, NO. 1, §3, REGARDING EFFECTIVE DATES OF MAY 22, 1987 OR DEC. 1, 1986.}}
{{NOTE: SEE ACTS 1986, NO. 1, §3, REGARDING EFFECTIVE DATES OF MAY 22, 1987 OR DEC. 1, 1986.}}
A.(1) The secretary of state may accept any filing required in Chapters 1 and 7 of this Title by electronic, online, or facsimile transmission. All online filings authorized pursuant to the provisions of this Section shall include an electronic signature.
(2) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(3) "Online" means through the secretary of state's commercial online computer system.
B. Printed documents transmitted through the process of an electronic method to the secretary of state are deemed to be properly signed when the document received by a facsimile machine or document image attachment in email by the commercial division, office of the secretary of state, purports to be a copy of the original document and contains the signatures required in this Section.
C.(1) The secretary of state is authorized to implement and establish procedures and systems for secure online form filing for the filing of any instrument required to be filed with the secretary of state pursuant to the provisions of Chapters 1 and 7 of this Title.
(2) Any provision that requires an instrument filed pursuant to the provisions of Chapters 1 and 7 of this Title to be subscribed or acknowledged before a notary public may be dispensed with if the instrument is filed and signed electronically as provided in Paragraph (A)(2) of this Section by a person authorized to sign the instrument.
D. Notwithstanding the provisions of this Section, any filing authorized by Chapters 1 and 7 of this Title that the secretary of state has the capability to accept online shall be filed only online.
E. Notwithstanding the provisions of this Section, any filing filed by an individual from a parish with a population of one hundred thousand or less according to the latest federal decennial census may be filed by facsimile transmission or mail.
Acts 2016, No. 554, §4, eff. Jan. 1, 2018.
A. The term "trademark" as used herein means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others.
B. The term "service mark" as used herein means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others.
C. The term "mark" as used herein includes any trademark or service mark entitled to registration under this Subpart whether registered or not, including the designation of a particular place of business.
D. The term "trade name" means a word, name, symbol, device or any combination thereof used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupation of others.
E. The term "person" as used herein means any individual, firm, partnership, corporation, association, union, public or private educational institution, or other organization.
F. The term "applicant" as used herein embraces the person filing an application for registration of a trademark under this Subpart, his legal representatives, successors or assigns.
G. The term "registrant" as used herein embraces the person to whom the registration of a trademark under this Subpart is issued, his legal representatives, successors or assigns.
H. For the purposes of this Subpart, a trademark shall be deemed to be "used" in this state (1) on goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in the state, and (2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.
I. The term "educational institution" as used herein means any institution licensed, approved, or funded by the state to perform educational services.
J. For the purposes of this Subpart, any document required to be filed with the secretary of state shall be deemed filed when it is received either physically or electronically in any office designated by the secretary of state for the receipt of such documents.
Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1979, No. 762, §1; Acts 1999, No. 342, §7; Acts 2001, No. 388, §1, eff. June 13, 2001; Acts 2019, No. 19, §3, eff. May 28, 2019.
A name or mark by which the name, goods, or services of any applicant for registration may be distinguished from the name, goods, or services of others shall not be registered if it:
(1) Consists of or comprises immoral, deceptive or scandalous matter.
(2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, educational institutions, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.
(3) Consists of or comprises the flag or coat of arms or other insignia, symbol, seal, emblem, or logo of the United States, or of this state, or of any local governmental subdivision of this state, or of any state or governmental subdivision thereof, or educational institution, or of any foreign nation, or any simulation thereof.
(4) Consists of or comprises the name, signature or portrait of any living individual, except with his written consent.
(5)(a) Consists of a mark which contains any of the following characteristics:
(i) When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them.
(ii) When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them.
(iii) Is primarily merely a surname.
(b) Nothing in this Paragraph shall prevent the registration of a mark used in this state by the applicant which has become distinctive of the applicant's goods or services. The secretary of state may accept as evidence that the mark has become distinctive, as applied to the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state or elsewhere for the five years next preceding the date of the filing of the application for registration.
(6) Consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used in this state by another and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive.
(7) Consists of matter or words which deceptively or falsely suggest a charitable or nonprofit nature to an organization which is in fact a profit-making organization.
(8) Consists of a matter or words that imply an affiliation with an administrative agency of this state, or any of its political subdivisions, or of the United States.
Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1978, No. 181, §2; Acts 1979, No. 762, §2; Acts 1997, No. 833, §2, eff. July 10, 1997; Acts 2018, No. 560, §5, eff. May 28, 2018; Acts 2022, No. 193, §5.
A. The secretary of state is authorized to promulgate rules and regulations and prescribe forms for the filing of trademarks under the provisions of this Subpart, and to have the power and authority reasonably necessary to enable him to administer this Subpart efficiently and to perform the duties imposed upon him by its provisions.
B.(1) The exclusive right to the use of a trade name, trademark, or service mark may be reserved by any person intending to apply for a trade name, trademark, or service mark under this Chapter.
(2) Application to reserve a trade name, trademark, or service mark shall be filed with the secretary of state. If the secretary of state finds that the trade name, trademark, or service mark is available for use, he shall reserve the trade name, trademark, or service mark for the exclusive use of the applicant for a nonrenewable period of one hundred twenty days.
(3) The right to the exclusive use of a specified trade name, trademark, or service mark so reserved may be transferred to any other person or corporation by filing in the office of the secretary of state a notice of such transfer, executed by the applicant for whom the name or mark was reserved, and specifying the name and address of the transferee.
C. The secretary of state shall not authorize registration or use of any trade name, trademark, or service mark which deceptively or falsely suggests that the organization so denoted is of a charitable or nonprofit nature when the organization is in fact of a profit-making nature. The secretary of state shall, in accordance with the Administrative Procedure Act, promulgate rules to provide all review procedures necessary to effect the intent of this Subsection.
Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1976, No. 457, §1; Acts 1978, No. 181, §2; Acts 1991, No. 746, §1; Acts 2015, No. 398, §3, eff. Oct. 5. 2015.
A. Subject to the limitations set forth in this Subpart, any person who adopts and uses a mark or name in this state may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark or name setting forth but not limited to the following information written in the English language:
(1) The name and business address of the person applying for such registration and, if a corporation, the state of incorporation.
(2) The goods or services in connection with which the mark or name is used, the mode or manner in which the mark or name is used in connection with such goods or services, and the class in which such goods or services fall.
(3) The date when the mark or name was first used anywhere and the date when it was first used in this state by the applicant or his predecessor in business; and
(4) A statement that the applicant is the owner of the mark or name and that no other person has the right to use such mark or name in this state, either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor.
B. The application shall be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.
C. The application shall be accompanied by a specimen or facsimile of such mark or name in triplicate.
D. The application for registration shall be accompanied by a filing fee as provided in R.S. 49:222, payable to the secretary of state.
E. In addition to said filing fee, the secretary of state shall charge and collect, for the use and benefit of the state, a fee as provided in R.S. 49:222 for making and issuing a copy of any document filed in his office under the provisions of this Subpart, plus a fee as provided in R.S. 49:222 for sealing and certifying to the correctness thereof. The additional fee, provided as aforesaid, shall not apply to the original certificate of registration required by R.S. 51:215.
Acts 1983, No. 235, §5, eff. July 1, 1983; Acts 1989, No. 100, §1, eff. Jan. 1, 1990; Acts 2008, No. 913, §5; Acts 2022, No. 193, §5.
A.(1) Upon compliance by the applicant with the requirements of this Subpart, if the secretary of state finds that the trade name is distinguishable from or not the same as a trade name, limited liability company name, partnership name, or corporate name already in use in this state, or that the trademark or service mark is distinguishable from or not the same as a trademark or service mark already in use in this state which is registered in the same class, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant.
(2) The certificate of registration shall be issued under the signature of the secretary of state and the seal of his office, and it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the trade name or mark, the date claimed for the first use of the trade name or mark in this state, and, if a trade mark or service mark, the class of goods or services and a written description of the goods or services on which the mark is used, a reproduction of the mark, the registration date and the term of the registration.
B. Any certificate of registration issued by the secretary of state under the provisions hereof or a copy thereof duly certified by the secretary of state shall be admissible in evidence as competent and sufficient proof of the registration of such trade name or mark in any action or judicial proceedings in any court of this state.
Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1983, No. 90, §1; Acts 1989, No. 654, §2, eff. July 7, 1989; Acts 1995, No. 847, §4, eff. June 27, 1995; Acts 2017, No. 367, §2.
A.(1) Whenever the original certificate of registration filed with the secretary of state under any provision of this Chapter is an inaccurate record of the trade name action, trademark action, or service mark action therein referred to, or is defectively or erroneously executed or acknowledged, such instrument may be corrected by filing with the secretary of state a certificate of correction which shall be executed, acknowledged, filed, and recorded in accordance with this Section.
(2) The certificate of correction shall specify the inaccuracy or defect to be corrected and shall set forth that portion of the instrument in correct form.
(3) The secretary of state may prescribe and furnish forms for filing the certificate of correction.
B. The certificate of correction shall be executed as follows:
(1) In the name of the trade name, trademark, or service mark as a correction to its original or renewal registration and acknowledged by the applicant.
(2) The certification of correction shall be filed with the secretary of state. After all fees have been paid as required by law, the secretary of state shall record the certificate of correction in his office and endorse thereon the date of the filing. The certificate of correction shall be effective as of the date the original instrument was filed, except as to those persons who are substantially and adversely affected by the correction and as to those persons the corrected certificate shall be effective from the filing date.
Acts 1991, No. 746, §1; Acts 1999, No. 342, §7; Acts 2019, No. 19, §3, eff. May 28, 2019.
A.(1) Registration of a mark hereunder shall be effective for a term of ten years from the date of registration, and upon application filed within six months prior to the expiration of such term, on a form to be furnished by the secretary of state, the registration may be renewed for a like term. A renewal fee as provided in R.S. 49:222 payable to the secretary of state shall accompany the application for renewal of the registration.
(2) Registration of a trade name hereunder shall be effective for a term of ten years from the date of registration and, upon application filed within six months prior to the expiration of such term, on a form to be furnished by the secretary of state, the registration may be renewed for a like term. The renewal fee shall accompany the application for renewal.
B. A mark or trade name registration may be renewed for successive periods of ten years in like manner.
C. The secretary of state shall notify registrants of marks and trade names hereunder of the necessity of renewal within the year next preceding the expiration of the ten years from the date of registration, by writing to the last known address of the registrants.
D. Any registration in force on July 31, 1968 shall expire ten years from the date of the registration or of the last renewal thereof or one year after July 31, 1968, whichever is later, and may be renewed by filing an application with the secretary of state on a form furnished by him and paying the aforementioned renewal fee therefor within six months prior to the expiration of the registration.
E. All applications for renewals under this Subpart, whether of registrations made under this Subpart or of registrations affected under any prior act, shall include a statement that the mark is still in use in this state.
F.(1) After expiration of the mark or trade name, the person who previously registered the mark or trade name may renew at any time.
(2) Any other person seeking to register the expired mark or trade name shall give sixty days notice, by certified mail, to the previous person's last known address that registered the mark or trade name, prior to registering the expired mark or trade name.
Acts 1983, No. 235, §5, eff. July 1, 1983; Acts 2004, No. 536, §1; Acts 2008, No. 913, §5; Acts 2015, No. 398, §3, eff. Oct. 5, 2015.
A. Any trademark, trade name, or service mark, and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the trademark, trade name, or service mark.
B. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary of state upon the payment of a fee as provided in R.S. 49:222, payable to the secretary of state, who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this Subpart shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary of state within three months after the date thereof or prior to such subsequent purchase.
C. The secretary of state may prescribe and furnish forms for assigning a trade name, trademark, and service mark.
Acts 1983, No. 235, §5, eff. July 1, 1983; Acts 1991, No. 746, §1; Acts 2008, No. 913, §5; Acts 2019, No. 19, §3, eff. May 28, 2019.
The secretary of state shall keep for public examination a record of all marks registered or renewed under this Subpart.
Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1.
A. The secretary of state shall cancel from the register:
(1) After one year from July 31, 1968, all registrations under prior acts which are more than ten years old and not renewed in accordance with this Subpart.
(2) Any registration concerning which the secretary of state shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record.
(3) All registrations granted pursuant to this Subpart and not renewed in accordance with the provisions hereof.
(4) Any registration concerning which a court of competent jurisdiction shall find:
(a) That the registered mark has been abandoned.
(b) That the registrant is not the owner of the mark.
(c) That the registration was granted improperly.
(d) That the registration was obtained fraudulently.
(e) That the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent Office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; provided, however, that should the registrant prove that he is the owner of a concurrent registration of his mark in the United States Patent Office covering an area including this state, the registration hereunder shall not be cancelled.
(5) When a court of competent jurisdiction shall order cancellation of a registration on any ground.
B. The secretary of state may prescribe and furnish forms for filing a voluntary cancellation of registration in accordance with Subsection A of this Section.
Added by Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 2019, No. 19, §3, eff. May 28, 2019.
The following general classes of goods and services are established for convenience of administration of this Subpart, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a trademark or service mark may include any or all goods upon which, or services with which, the mark is actually being used comprised in a single class, but in no event shall a single application include goods or services upon which the mark is being used that fall within different classes of goods or services. This Section shall not apply to trade names. The said classes are as follows:
A. Goods:
(1) Chemicals
(2) Paints
(3) Cosmetics and cleaning preparations
(4) Lubricants and fuels
(5) Pharmaceuticals
(6) Metal goods
(7) Machinery
(8) Hand tools
(9) Electrical and scientific apparatus
(10) Medical apparatus
(11) Environmental control apparatus
(12) Vehicles
(13) Firearms
(14) Jewelry
(15) Musical instruments
(16) Paper goods and printed matter
(17) Rubber goods
(18) Leather goods
(19) Non-metallic building materials
(20) Furniture and articles not otherwise classified
(21) Housewares and glass
(22) Cordage and fibers
(23) Yarns and threads
(24) Fabrics
(25) Clothing
(26) Fancy goods
(27) Floor coverings
(28) Toys and sporting goods
(29) Meats and processed foods
(30) Staple foods
(31) Natural agricultural products
(32) Light beverages
(33) Wines and spirits
(34) Smokers' articles
(35) Miscellaneous
B. Services:
(1) Advertising and business
(2) Insurance and financial
(3) Construction and repair
(4) Communication
(5) Transportation and storage
(6) Material treatment
(7) Education and entertainment
(8) Miscellaneous
Added by Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1983, No. 87, §1; Acts 1991, No. 746, §1.
Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary of state under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
Added by Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1.
Any person who shall:
(1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this Subpart in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or
(2) Reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this state of such goods or services;
shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in this Subpart, except that under Subsection B hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.
Added by Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1.
Any owner of a mark registered under this Subpart may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed.
The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.
Added by Acts 1954, No. 235, §2; Amended by Acts 1968, No. 475, §1.
Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark or trade name shall be a ground for injunctive relief in cases of infringement of a mark registered or not registered or in cases of unfair competition notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods or services.
Acts 1984, No. 434, §1.
A. No person shall use for any commercial purpose any name, work, symbol, or device or any combination thereof which resembles the official name, symbol, seal, or logo of a public or accredited private educational institution except with the written consent of the public or private educational institution.
B. In addition to remedies otherwise provided in this Subpart, any educational institution may enforce the provisions of this Section by a civil suit, including a suit to enjoin any violations hereof. Upon finding that a person knowingly violated this Section, a court may award damages, including an award of all profits derived from the said violation and may order the destruction of those items bearing the name, work, symbol, or device in violation of this Section.
Added by Acts 1979, No. 762, §3. Acts 1983, No. 89, §1.
Any person engaged in manufacturing, bottling, selling, or dealing in any beverage, including seltzer or mineral waters, or food in bottles, syphons, fountains, tanks, cases or boxes, with any name, mark or device on such bottles, syphons, fountains, tanks, cases or boxes, may file in the office of the clerk of the district court having jurisdiction over civil suits in the parish where the principal place of business of such person is situated a description of the name, mark, or device, and have the description printed once in each week for five weeks successively in a newspaper published in the English language in the parish in which the description has been filed.
No person other than the one filing a name, mark or device under R.S. 51:241 shall fill with any liquid or substance of any kind, any bottle, syphon, fountain or tank so marked and distinguished, or deface, erase, or in any way cancel the name, mark or device on any bottle, syphon, fountain, tank, case or box so marked and distinguished, or buy, take, sell, give, or otherwise dispose of or traffic in, or use in any manner, or damage or destroy any such bottle, syphon, fountain, tank, case or bottle, or any part thereof, without the written consent of the person whose name, mark or device is thereon.
Whoever violates the provisions of this Subpart shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned for not more than thirty days, or both, for the first offense. For each subsequent offense the offender shall be fined not less than two hundred dollars nor more than one thousand dollars, or imprisoned for not less than thirty days nor more than six months, or both.
Possession of any bottles, syphon, fountain, tank, case or box with name, mark, or device, as aforesaid, or parts thereof, by any person engaged in the junk business or in the used or second hand bottle business, or by any person designated in R.S. 51:241, other than the one filing such name, mark or device, without the latter's written consent, shall be prima facie evidence of the violation of this Subpart. Possession of any bottle, syphon, fountain, tank, case or box, with such name, mark or device or parts thereof by any person, resulting from the purchase of the lawful contents of the bottle, syphon, fountain, tank, case or box, in the usual course of business is not prima facie evidence of a violation of this Subpart.
Where a firm violates the provisions of this Subpart each member shall be subject to the penalties prescribed in this Section and where a corporation violates the provisions of this Subpart each of its officers shall be subject to the penalties prescribed in this Section.
No person shall transact any business under an assumed name or under any designation, name or style, corporate or otherwise, other than the real name of the individual conducting the business, unless such person files in the office of the register of conveyances in the city of New Orleans, or the clerk of court, as the case may be, of the parish or parishes in which the person conducts or intends to conduct the business, a certificate setting forth the name under which the business is to be conducted and the real full name of the person owning, conducting or transacting the business, with the post office address of such person. This certificate shall be executed and duly acknowledged before a notary public by the person conducting or intending to conduct the business. No sheriff and ex-officio tax collector or other person designated by law to collect and receipt for licenses shall issue any receipt to any person referred to in this Subpart, without having had presented to such collector a certificate from the register of conveyances in the city of New Orleans, or the clerk of court showing that such person has complied with the provisions of this Subpart.
A name assumed to transact business, as provided in this Subpart, may be in any language; however, the name shall be expressed in English letters or characters for filing purposes. The assumed name shall not imply that the business is an administrative agency of any parish, of this state, or of the United States. No assumed name shall contain any words which deceptively or falsely suggest that the business is a corporate entity or shall contain any words required by law to be included in a corporate name.
Acts 1992, No. 108, §1.
A. In addition to any other requirements of law for the registration and filing of a certificate of an assumed business name, no person shall transact any business under an assumed name which contains the name of any public park, playground, or other public facility without the written consent of the governing authority of the governmental entity which owns or operates the public park, playground, or public facility. If use of the name of a public park, playground, or other public facility is consented to by the governmental entity, such written consent shall be in the form of a contract for a fixed term, not to exceed ten years. Such contract may be renewed; however, no renewal shall exceed a term of ten years. At the expiration of such contract, the person, corporation, or organization shall have one hundred eighty days within which to either amend the assumed business name or obtain another renewal of the contract authorizing the continued use of the name.
B. In addition to the remedies otherwise provided by law, any governmental entity may enforce the provisions of this Section by a civil suit, including a suit to enjoin any violation hereof. Upon finding that a person, corporation, or organization has knowingly violated this Section, a court may award damages, including an award of all profits derived from the said violation, and may order the destruction of all items bearing the name, symbol, or other descriptive inscription in violation of this Section.
Acts 1997, No. 819, §2, eff. July 10, 1997.
Repealed by Acts 2020, No. 25, §1.
This Subpart does not apply to any corporation duly organized under the laws of Louisiana or lawfully doing business in Louisiana. This Subpart shall not prevent the lawful use of a partnership name or designation, if the partnership name or designation includes the real name of at least one of the persons transacting the business.
Whoever violates the provisions of this Subpart shall be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned for not less than ten days nor more than sixty days, or both. Each day any person continues to conduct any business in violation of this Subpart, shall constitute a separate offense.
Any person authorized under law to issue licenses who issues a license without compliance with the provisions of R.S. 51:281 shall be punished as provided for under existing laws for such offense.
Any person engaged in the business of supplying clean laundered garments, towels, table linens or other articles which are the property of the supplier, in a regular service, periodically exchanging clean articles for soiled for a fixed compensation, may adopt and use a name or other mark or device woven, impressed or produced thereon as an indication of ownership, and may register the name, mark or device by filing and publishing it as provided in this Subpart.
Added by Acts 1966, No. 354, §1.
In order to register a name, mark or device under this Subpart, the supplier shall do all of the following:
(1) File in the office of the secretary of state and also in the office of the clerk of court of the parish in which the principal place of business of the supplier is located, or if such place of business is located outside of the state then in the office of the secretary of state and the clerk of court of any parish of the state, a description of the names, marks or devices so used.
(2) Cause the description of the name, mark or device to be printed once a week for three successive weeks in a newspaper published in the parish in which the description has been filed.
The registrant shall pay to the secretary of state for filing each laundry supply designation described and for issuing a certificate of filing a fee of five dollars and to the parish clerk of court a fee of one dollar for each such designation described and filed.
Added by Acts 1966, No. 354, §1.
This Subpart is enacted pursuant to the provisions of Paragraph (T) of Section 47 of Article XIV of the Louisiana Constitution authorizing the Legislature to more fully define the rights and obligations of the Louisiana Stadium and Exposition District.
The legislature hereby finds and declares that the terms "Superdome", "Louisiana Superdome", "Dome (d) Stadium", "Louisiana Dome (d) Stadium", and "Louisiana Dome", and the general design, appearance and configuration of the stadium being constructed by the Louisiana Stadium and Exposition District, and the following logo--"L'S"--which comprises three elements (a) a curved line which follows the general configuration of the Mississippi River in downtown New Orleans, Louisiana, (b) a straight vertical line across the curved line which generally represents the Greater Mississippi River Bridge, and (c) a circular dot which generally represents the approximate geographical location of the stadium facility, are particularly, exclusively and uniquely descriptive in the State of Louisiana of the stadium being constructed by the Louisiana Stadium and Exposition District in New Orleans, Louisiana. It is therefore within the public interest that these terms and said general design, appearance and configuration of the stadium and the special "L'S" logo be reserved to the Louisiana Stadium and Exposition District in order to prevent unauthorized commercial exploitation thereof, it being the intent hereof that said terms and said general design, appearance and configuration and said special "L'S" logo be used commercially in the state of Louisiana only when authorized by the Louisiana Stadium and Exposition District.
Added by Acts 1973, No. 132, §1.
Except insofar as the provisions of this Subpart are in conflict therewith, the provisions of Subpart A, of Part VI of Chapter 1 of Title 51 of the Louisiana Revised Statutes of 1950, relative to trademarks, service marks and trade names in general, shall be applicable to this Subpart.
Added by Acts 1973, No. 132, §1.
The terms "Superdome", "Louisiana Superdome", "Dome (d) Stadium", "Louisiana Dome (d) Stadium" and "Louisiana Dome" and marks including the symbol or image of the general design, appearance and/or configuration of the stadium facility being constructed by the Louisiana Stadium and Exposition District in New Orleans, Louisiana, and the following logo--"L'S", and terms and marks which include any of the foregoing are hereby reserved to the Louisiana Stadium and Exposition District as trade names, trademarks and service marks in all fields of commerce in the state of Louisiana; and firms, partnerships, corporations, associations or other organizations to utilize the foregoing trade names, trademarks or service marks in connection with the manufacture, sale and/or distribution of goods or with the providing of services.
Added by Acts 1973, No. 132, §1.
A. The Louisiana Stadium and Exposition District is authorized to sell or transfer the right to designate and use an alternative name to refer to the Louisiana Superdome, including the rights to those trademarks, service marks, and trade names associated with the Louisiana Superdome as provided in R.S. 51:293.
B. Any agreement which transfers the right to designate and use a name to refer to the stadium facility designated as the Louisiana Superdome constructed by the Louisiana Stadium and Exposition District shall provide that all royalty and other payments in consideration for such right be paid to the entity which holds a National Football League franchise and leases the stadium facility. In the event the entity which holds a National Football League franchise provides notice to the league, or to the Louisiana Stadium and Exposition District of its intent to relocate the franchise, or enters into any agreement with any other entity to relocate the franchise from the city of New Orleans, or terminates its lease of the stadium facility, all subsequent monies payable from royalties and other payments under such agreement shall revert to the Louisiana Stadium and Exposition District. Any such agreement shall provide that it shall be approved by the Joint Legislative Committee on the Budget before it becomes effective.
Acts 2001, No. 1215, §1, eff. July 2, 2001.
The secretary of state shall not register any trade name, (including corporate names), or trademark or service mark reserved by this Subpart to the Louisiana Stadium and Exposition District, except for said district or with the written approval of said district.
Added by Acts 1973, No. 132, §1.
The secretary of state shall not register any trademark or service mark or trade name, (including corporate names), which so resembles any one of the trademarks, service marks or trade names reserved by this Subpart to the Louisiana Stadium and Exposition District, except for said district or with the written approval of said district, that is likely to cause confusion or mistake or to deceive.
Added by Acts 1973, No. 132, §1.
The legislature hereby finds and declares that the terms Louisiana American Revolution Bicentennial Commission and the Louisiana American Revolution Bicentennial Foundation are particularly, exclusively and uniquely descriptive in the state of Louisiana of the American Revolution Bicentennial. It is therefore within the public interest that these terms be reserved to the Louisiana American Revolution Bicentennial Commission in order to prevent unauthorized commercial exploitation thereof, it being the intent hereof that said terms be used commercially in the state of Louisiana only when authorized by the Louisiana American Revolution Bicentennial Commission.
Added by Acts 1973, No. 132, §1.
Except insofar as the provisions of this Subpart are in conflict therewith, the provisions of Subpart A, of Part VI of Chapter 1 of Title 51 of the Louisiana Revised Statutes of 1950, relative to trademarks, service marks and trade names in general, shall be applicable to this Subpart.
Added by Acts 1973, No. 132, §1.
The terms "Louisiana American Revolution Bicentennial Commission" and "Louisiana American Revolution Bicentennial Foundation" and terms and marks which include any of the foregoing are hereby reserved to the Louisiana American Revolution Bicentennial Commission as trade names, trademarks and service marks in all fields of commerce in the state of Louisiana; and said commission may from time to time issue licenses to persons, firms, partnerships, corporations, associations or other organizations to utilize the foregoing trade names, trademarks or service marks in connection with the manufacture, sale and/or distribution of goods or with the providing of services.
Added by Acts 1973, No. 132, §1.
The secretary of state shall not register any tradename, (including corporate names), or trademark or service mark reserved by this Subpart to the Louisiana American Revolution Bicentennial Commission, except for said commission or with the written approval of said commission.
Added by Acts 1973, No. 132, §1.
The secretary of state shall not register any trademark or service mark or trade name, (including corporate names), which so resembles any one of the trademarks, service marks or trade names reserved by this Subpart to the Louisiana American Revolution Bicentennial Commission except for said commission or with the written approval of said commission that is likely to cause confusion or mistake or to deceive.
Added by Acts 1973, No. 132, §1.
Repealed by Acts 2014, No. 511, §1.
Repealed by Acts 2014, No. 511, §1.
Repealed by Acts 2014, No. 511, §1.
Repealed by Acts 2014, No. 511, §1.
Repealed by Acts 2014, No. 511, §1.
Repealed by Acts 2014, No. 511, §1.
For purposes of this Subpart, the following terms shall have the meanings specified in this Section:
(1) "Domain name" means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet.
(2) "Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.
Acts 2001, No. 388, §1, eff. June 13, 2001.
A.(1) No person shall register a domain name that consists of the name of another living person or an alias or nickname by which such person is commonly known, or a name substantially and confusingly similar to such name, without the person's consent, with the specific intent to profit from such name by selling the domain name for financial gain to that person or any third party.
(2) Additionally, no person shall attempt to resell or resell the domain name that consists of the name of another living person or an alias or nickname by which such person is commonly known, or a name substantially and confusingly similar to such name, without the person's consent, for a price in excess of the registration cost paid by the original registrant.
B. Nothing in this Subpart shall prohibit the transfer by the original registrant of a domain name that is the name of another living person or an alias or nickname by which such person is commonly known, or is substantially or confusingly similar to such name, to the person whose name has been registered as long as the cost of the transfer does not exceed the registration cost paid by the original registrant.
C. Nothing in this Subpart shall prohibit a person from registering a domain name that consists of the name of another living person or a deceased personality or an alias or nickname by which such person is commonly known, or a name substantially or confusingly similar to such name, if such name is used in, affiliated with, or related to a work of authorship protected under Title 17 of the United States Code.
D. No domain name registrar, domain name registry, or any other domain name registration authority shall be subject to any penalties or liable for damages under this Subpart for the registration or maintenance of a domain name for another absent a showing of bad faith intent to profit from such registration or maintenance of the domain name.
Acts 2001, No. 388, §1, eff. June 13, 2001.
A. Any violation of this Subpart shall be a deceptive and unfair trade practice pursuant to R.S. 51:1405 and shall subject the violator to any and all penalties and private actions provided in Chapter 13 of this Title.
B. In addition to the attorney general's right to bring an action for injunctive relief, an aggrieved person may also bring such action, and if a court awards injunctive relief, it may order the forfeiture or cancellation of the domain name or the transfer of the domain name to the aggrieved person.
C. Notwithstanding the provisions of R.S. 51:1409(A) which allows aggrieved persons to bring an action to recover actual damages, plaintiffs in private actions instituted to recover damages caused by a violation of this Subpart may file a petition for damages equal to three times the amount of damages incurred by the plaintiff when his domain name was registered, offered for sale, or sold.
D. In addition to attorney fees and costs that may be awarded in a private action, the court may also award costs to the attorney general or other law enforcement authority bringing any action pursuant to this Subpart.
Acts 2001, No. 388, §1, eff. June 13, 2001.
A. In addition to the activities prohibited by R.S. 51:300.12(A), no person shall register a domain name that consists of the name of another living person or an alias or nickname by which such person is commonly known, or a name substantially and confusingly similar to such name, without the person's consent.
B. Nothing in this Subpart shall prohibit the registration of a domain name as provided for in R.S. 51:300.12(C).
C. No domain name registrar, domain name registry, or any other domain name registration authority shall be subject to any penalties or liable for any damages under this Subpart for the registration or maintenance of a domain name for another absent a showing of bad faith intent to register the domain name without the consent of the person whose domain name has been taken.
Acts 2001, No. 388, §1, eff. June 13, 2001.
A. A violation of this Subpart shall be a deceptive and unfair trade practice in the same manner provided for in R.S. 51:300.13(A).
B. In addition to the attorney general's right to bring an action for injunctive relief, an aggrieved person may also bring such action, and if a court awards injunctive relief, it may order the forfeiture or cancellation of the domain name or the transfer of the domain name to the aggrieved person.
C. The court may award costs to the attorney general or other law enforcement authority in the same manner provided for in R.S. 51:300.13(D).
D.(1) Additionally, no person shall attempt to resell or resell the domain name that consists of the name of another living person or an alias or nickname by which such person is commonly known, or a name substantially and confusingly similar to such name, without the person's consent, for a price in excess of the registration cost paid by the original registrant.
(2) Nothing in this Subpart shall prohibit the transfer by the original registrant of a domain name that is the name of another living person or an alias or nickname by which such person is commonly known, or is substantially or confusingly similar to such name, to the person whose name has been registered as long as the cost of the transfer does not exceed the registration cost paid by the original registrant.
Acts 2001, No. 388, §1, eff. June 13, 2001.
The legislature hereby finds and declares that the Sewerage and Water Board of New Orleans "Crescent Cover Logo" is a circular emblem or mark, with the image of a crescent moon having lines radiating therefrom and numerous stars, the words "WATER METER" extending horizontally through the center of the image, the words "SEWERAGE & WATER BOARD CRESCENT BOX" extending circumferentially along the upper half of the image, the words "NEW ORLEANS, LA. FORD METER BOX CO WABASH, IND.," extending circumferentially along the lower half of the image, the words and two concentric circles forming the outer boundary of the image.
Acts 2007, No. 470, §1, eff. July 11, 2007.
A. No person shall use, without the consent of the Sewerage and Water Board of New Orleans, any reproduction, counterfeit, copy, or colorable imitation of a mark characterized as the "Crescent Cover Logo" described in R.S. 51:300.31 in connection with the sale, offering for sale, or advertising of any goods or services.
B. No person shall reproduce, counterfeit, copy, or colorably imitate the "Crescent Cover Logo" of the Sewerage and Water Board of New Orleans or incorporate or apply such reproduction, counterfeit, copy, or colorable imitation to labels, clothing, jewelry, signs, prints, packages, wrappers, receptacles, or other items or advertisements.
C. Whoever violates the provisions of this Section shall be liable in a civil action by the Sewerage and Water Board of New Orleans for any and all remedies provided in this Section including attorney fees and costs. Whoever violates the provisions of this Section may be subject to a fine not to exceed five thousand dollars.
D. The Sewerage and Water Board of New Orleans may proceed by suit to enjoin the unauthorized manufacture, use, display, or sale of any counterfeits or imitations of the "Crescent Cover Logo" of the Sewerage and Water Board of New Orleans, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as may be by such court deemed just and reasonable, and may require the defendants to pay the Sewerage and Water Board of New Orleans all profits derived from and all damages suffered by reason of such wrongful manufacture, use, display, or sale. Such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or the complainant, to be destroyed.
E. The enumeration of any right or remedy herein shall not affect the right of the Sewerage and Water Board of New Orleans to sue, prosecute, or seek prosecution under any other law of this state.
Acts 2007, No. 470, §1, eff. July 11, 2007.
A. The Lamar-Dixon Expo Center is hereby authorized to sell corporate sponsorships, including but not limited to event sponsorship, project sponsorship, program sponsorship and site sponsorship, to be used and for the benefit of any of the facilities and structures located on the center's property.
B. Any agreement involving corporate sponsorship for the benefit of the Lamar-Dixon Expo Center must provide that all royalty and other payments in consideration for such right be paid to the entity which owns the facility. Any such agreement shall provide that it shall be approved by the governing authority of Ascension Parish before it becomes effective.
Acts 2011, No. 145, §1.
Any person issuing checks, punchouts, tickets, tokens, or other devices, redeemable either wholly or partially in goods or merchandise at their, or any other place of business, shall, on demand of any legal holder thereof, on the next pay day of the issuer following the date of issuance, be liable for the full face value in current money of the United States.
Any check, punchout, ticket, token, or other device, issued by any person under the provisions of R.S. 51:301 shall be payable to bearer, on demand, in current money of the United States, notwithstanding any contrary stipulation or provision.
No person shall fail or refuse to pay any legal holder of any such checks, punchouts, tickets, tokens, or other devices as described in R.S. 51:301, issued by them in payment of labor, the full face value in current money of the United States, on their regular pay day when demanded by the legal holder.
Whoever violates this Section shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned for not more than ninety days.
No person shall issue certificates to be known as rebate certificates or any evidence of indebtedness, if the contract upon which the certificates are based, is to control the business of the party thereto.
No person shall stipulate that the certificates or evidences of indebtedness referred to in R.S. 51:304 shall be binding only if the original party to whom they were issued makes all purchases from the person issuing the certificates or from a person connected in any manner with the person issuing the certificates.
The person issuing certificates under R.S. 51:304 cannot urge as a defense to any certificates issued, that the liabilities thereunder are based upon the exclusive trade of the party to the contract.
No person, doing business in Louisiana, and engaged in the production, manufacture, or distribution of any commodity in general use, who shall, intentionally, for the purpose of injuring or destroying the business of a competitor in any locality, discriminate between different sections, communities, cities, or localities in the state by selling such commodity at a lower rate in one section, community, city, or locality, than is charged for the commodity by such person in another section, community, city, or locality, after making due allowance for the difference if any, in the grade or quality of the commodity and in the actual cost of transportation of the commodity from the point of production, if a raw product, or from the point of manufacture, if a manufactured product. All sales so made shall be prima facie evidence of unfair discrimination.
Any person or any officer, agent, receiver or member of any firm, company, association or corporation, who violates R.S. 51:331 shall be fined not less than five hundred dollars nor more than five thousand dollars, or imprisoned for not less than one year nor more than two years, or both.
All contracts or agreements made in violation of R.S. 51:331 are void.
If any complaint is made to the Secretary of State that any corporation, authorized to do business in this state is guilty of unfair discrimination within the terms of this Subpart, the Secretary of State shall refer the matter to the Attorney General who shall examine into the complaint and if in his judgment the facts justify it, shall institute proceedings against such corporation.
If any corporation, foreign or domestic, authorized to do business in this state, or any officer, agent, or receiver, of any such corporation, is guilty of unfair discrimination as defined by this Subpart, the Secretary of State shall immediately revoke the permit or license of such corporation to do business in this state.
Where a corporation has been convicted of a violation of the provisions of this Subpart, and continues or attempts to do business thereafter in this state, the Attorney General shall oust such corporation from all business of every kind and character in Louisiana.
The remedies and penalties provided in this Subpart shall be cumulative to each other and to all other remedies and penalties provided by law.
A. It shall be unlawful for any person, firm, or corporation to require that an independent trucker utilize the services of a broker in contracting for work with that person, firm, or corporation.
B. If any firm or corporation, foreign or domestic, authorized to do business in this state or any officer, agent, or receiver of any such firm or corporation knowingly and willfully violates the provisions of this Section, his license or permit to do business in this state shall be revoked immediately.
Acts 1984, No. 856, §1.
As used in this Subpart:
(1) "Compensation" means the payment of money, a thing of value, or any financial benefit. Compensation does not include:
(a) Payment to participants based upon sales of products purchased for actual use or consumption, including products used or consumed by participants in the plan.
(b) Payment to participants under reasonable commercial terms.
(2) "Consideration" means the payment of cash or purchase of goods, services, or intangible property. Consideration does not include:
(a) Purchase of products furnished at cost to be used in making sales and not for resale.
(b) Purchase of products where the seller offers to repurchase the participant's products under reasonable commercial terms.
(c) Participant's time and effort in pursuit of sales or recruiting activities.
(3) "Participant" means a person who contributes money into a pyramid promotional scheme.
(4) "Person" means an individual, a corporation, a partnership, or any association, or unincorporated organization.
(5) "Promote" means to contrive, direct, establish, or operate a pyramid promotional scheme.
(6) "Pyramid promotional scheme" means any plan or operation by which a participant gives consideration for the opportunity to receive compensation which is derived primarily from the person's introduction of other persons into a plan or operation rather than from the sale of goods, services, or intangible property by the participant or other persons introduced into the plan or operation.
(7) "Reasonable commercial terms" includes repurchase by the seller, at the participant's request, and upon termination of the business relationship or contract with the seller, of all unencumbered products purchased by the participant from the seller within the previous twelve months which are unused and in commercially resalable condition, provided that repurchase by the seller shall be for not less than ninety percent of the actual amount paid by the participant to the seller of the products, less any consideration received by the participant for purchase of the products which are being returned. A product shall not be deemed nonresalable solely because the product is no longer marketed by the seller, unless it is clearly disclosed to the participant at the time of the sale that the product is a seasonal, discontinued, or special promotional product, and not subject to the repurchase obligation.
Acts 1997, No. 379, §1; Acts 2001, No. 837, §1.
No person shall promote a pyramid promotional scheme in Louisiana or cause a pyramid promotional scheme to be promoted in Louisiana.
Acts 1997, No. 379, §1; Acts 2001, No. 837, §1.
Whoever promotes a pyramid promotional scheme in Louisiana or causes a pyramid promotional scheme to be promoted in Louisiana shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more than ten years, or both.
Acts 1997, No. 379, §1; Acts 2001, No. 837, §1.
Repealed by Acts 1997, No. 379, §2.
Repealed by Acts 1997, No. 379, §2.
Repealed by Acts 1997, No. 379, §2.
Repealed by Acts 1997, No. 379, §2.
Repealed by Acts 1997, No. 379, §2.
Repealed by Acts 1997, No. 379, §2.
Repealed by Acts 1997, No. 379, §2.
Repealed by Acts 1997, No. 379, §2.
A. A solicitation by a nongovernmental entity, for the purchase of or payment for a product or service, which is in the form of and reasonably could be interpreted or construed as a bill, invoice, or statement of account due, but constitutes, in fact, a solicitation for the order by the addressee of goods or services, or both, shall not contain any material which:
(1) Reasonably could be interpreted or construed as implying any Louisiana state government connection, approval, or endorsement through the use of a seal, insignia, or name of a state agency, department, commission, or program, or a citation to a state statute.
(2) Contains any reference to or a citation to a state statute that misrepresents either the identity of the mailer or the protection or status afforded such matter by the Louisiana state government.
(3) Reasonably could be construed by a business registered with the secretary of state as implying any connection with the secretary of state or requiring payment or additional action to remain in good standing as a business registered with the secretary of state.
B. In addition to the provisions of Subsection A of this Section, each solicitation shall bear on its face, at the beginning, in conspicuous and legible type which is not smaller than fourteen-point font and is in contrast by typography, layout, or color with any other printing on the solicitation, the following disclaimer:
"THIS IS A SOLICITATION FOR THE ORDER OF GOODS OR SERVICES, OR BOTH, AND NOT A BILL, INVOICE, OR STATEMENT OF ACCOUNT DUE. YOU ARE UNDER NO OBLIGATION TO MAKE ANY PAYMENTS ON ACCOUNT OF THIS OFFER UNLESS YOU ACCEPT THIS OFFER. THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY ANY LOUISIANA STATE GOVERNMENT AGENCY, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE LOUISIANA STATE GOVERNMENT."
C. Any solicitation in violation of this Section shall subject the violator to a civil fine of not more than one thousand dollars per violation. The attorney general shall bring proceedings to recover all fines due pursuant to this Section. The remedies and penalties provided in this Section shall be cumulative to all other remedies and penalties provided by law.
Acts 2012, No. 272, §1; Acts 2021, No. 269, §1.
A. No individual or other entity shall offer, or attempt to offer, any solicitation to a resident of this state for the purchase of a warranty, by use of the United States Postal Service, an expedited shipping service, or any electronic means using terms or phrases, such as: "final notice", "immediate response requested", or "official notification", unless the individual or entity has an existing business relationship with the resident.
B. Any violation of this Section shall constitute an unfair method of competition and an unfair or deceptive act or practice as provided for in R.S. 51:1405 and shall be subject to the enforcement provisions of the Unfair Trade Practices and Consumer Protection Law of Chapter 13 of this Title, R.S. 51:1401 et seq.
Acts 2021, No. 269, §1.
A. No person, with intent to sell or in any way dispose of merchandise, securities, service, or anything directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title, or an interest therein, shall make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper or other publication, or in the form of a book, notice, hand-bill, poster, bill, circular, pamphlet, or letter, or radio broadcasts, telecasts, wire, wireless, motion picture, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything offered to the public, which advertisement contains any assertion, representation, or statement of fact which is untrue, deceptive, or misleading.
B. No person shall falsely advertise, represent, or hold out that any sale of goods, wares, or merchandise is an insurance, salvage, removal, closing out, going out of business, liquidation or smoke, fire, or water damage sale. Such a sale may be conducted for a maximum of six months. No person contemplating such a sale may order any goods for the purpose of selling them at such a sale, and any purchases or additions to the stock during the term of the sale or within sixty days prior to the sale shall constitute a violation of this Section.
C. No person shall advertise, represent, or hold out that he is selling or will sell any goods, wares, or merchandise at wholesale prices, unless he is a wholesaler, as defined herein, and unless the sales will be wholesale sales, as defined herein. A wholesaler, for purposes of this Section, is a person whose sales are wholesale sales as hereinafter defined. A wholesale sale is a sale for the purpose of resale in the ordinary course of business or a sale for purposes other than resale but at the price at which retailers currently purchase the same or similar goods or commodities at current wholesale prices offered by a bona fide wholesale house in its trade area; however, nothing herein shall apply to wholesalers selling in bulk or in quantities in excess of those which consumers usually purchase from bona fide retail outlets. Nothing in this Section shall prevent a person from being both a wholesaler and a retailer, providing that under this operation the firm has both a retail and a wholesale occupational license.
D. The carriage by a radio or television broadcast station or by a cable television station or newspaper of advertising which is found to be in violation of this Section shall not be considered a violation by the broadcast or television station or newspaper of this Section.
E. Whoever violates this Section shall be fined not less than five hundred dollars nor more than twenty-five hundred dollars or imprisoned for not less than ten days nor more than six months, or both for each offense.
Amended by Acts 1956, No. 293, §1; Acts 1964, No. 246, §1; Acts 2004, No. 364, §1.
A. Definitions. For the purposes of this Section, the terms defined herein shall have the respective meanings hereinafter set forth.
(1) Shelter: A fallout shelter, a blast-resistant shelter, or a limited blast-resistant shelter.
(2) Fallout shelter: A structure which, when properly installed, has a protection factor against fallout gamma radiation of not less than one hundred.
(3) Protection factor: The relative reduction in the amount of radiation that would be received by a person in a shelter compared with the amount which he would receive if unprotected. A structure which has a protection factor of one hundred must offer a person at least one hundred times more protection against radiation than such person would have if unprotected.
(4) Blast-resistant or limited blast-resistant shelter: A structure which qualifies as a fallout shelter and, in addition, is capable of affording a certain minimum amount of protection against the effects of a blast overpressure and associated nuclear and thermal radiation. To qualify as a "blast-resistant shelter" a structure must be capable of withstanding an overpressure of not less than thirty pounds per square inch, which pressure would occur at a range of approximately two and one-half miles from a ten megaton, and approximately five miles from a one hundred megaton explosion. To qualify as a "limited blast-resistant shelter" a structure must be capable of withstanding an overpressure of not less than five pounds per square inch, which pressure would occur at a range of approximately eight and one-half miles from a ten megaton, and approximately eighteen miles from a one hundred megaton explosion.
B. Fallout and blast protection.
(1) A structure shall not be described or designated as a "fallout shelter," or by any other term of like implication, nor shall any representation be made that a structure affords protection against radioactive fallout, unless such structure meets the minimum requirements set forth in the definition of a "fallout shelter" in Subsection A of this Section.
(2) A structure shall not be described or designated as a "blast shelter" or by any other term of like implication.
(3) A structure shall not be described or designated as a "blast-resistant shelter" or a "limited blast-resistant shelter," or by any other term of like implication, unless it meets the applicable minimum requirements set forth herein.
(4) No representation, express or implied, shall be made that a structure affords protection against nuclear blast unless such structure meets the minimum requirements for a "limited blast-resistant shelter."
(5) No advertisement for, or representation as to the characteristics or capabilities of, any structure designated as a "fallout shelter," "blast-resistant shelter," "limited blast-resistant shelter," or any other term of like implication, shall be used without the inclusion of an affirmative disclosure, in clear and conspicuous terms, of the limits of the protection provided by such structure.
(6) With reference to a fallout shelter which does not qualify as a "limited blast-resistant shelter," an advertisement shall disclose that the structure has not been designated to afford protection against blast or other related hazards.
(7) If the structure qualifies as a "limited blast-resistant shelter" or a "blast-resistant shelter," an advertisement shall disclose that the structure, when properly installed, will protect its occupants from a blast of a stated force (such as ten megatons) occurring at an approximate number of miles distant.
(8) If a structure meets the minimum requirements for a "fallout shelter," factual and nondeceptive representations may be made as to the degree and nature of fallout protection afforded. Claims that the fallout protection afforded exceeds the requirements shall not be used unless the protection so afforded exceeds the prescribed minimum to a significant degree.
(9) Claims, express or implied, of absolute or complete protection from fallout or blast under any and all conditions shall not be used.
C. Installation.
(1) Any advertisement offering a shelter shall disclose affirmatively that the structure must be properly installed before it can provide protection as a shelter.
(2) No representation shall be made that a shelter can be installed in one day or in any other period of time, unless the installation can in fact be completed within the stated period.
(3) Statements which deceptively exaggerate the ease or economy with which a shelter can be installed shall not be used.
D. Affirmative disclosures as to capacity.
(1) Whenever any representation is made which conveys any implication as to the size or capacity of the advertised shelter, such as a picture, a quoted price or the use of the word "family," the advertisement shall clearly and conspicuously disclose the number of persons the shelter will protect.
(2) Minimum standard requirements of the office of civil defense of the United States in effect at the time the advertised offer is made shall be applied in determining the number of persons that the shelter can protect.
E. Pictorial and other misrepresentations.
(1) No advertisement shall be used which would mislead prospective buyers, through pictorial representations or in any other manner, as to the protection afforded by a shelter or as to the size, composition, construction, design, capacity, quality, cost or manner of installation, fire or water-resistant properties, location or utility of a shelter or any part thereof, or which would be misleading in any other material respect.
(2) All construction items featured in a pictorial representation must be included in the price stated in the advertisement.
(3) Picturizations of fallout shelters which imply protection against blast effects but which are not capable of providing this protection shall not be used.
(4) An advertisement shall not feature the picture of a higher-priced shelter in conjunction with the price of a lower-priced shelter in such manner as to lead consumers to believe the higher-priced model can be purchased at the lower price.
F. Deceptive prices.
(1) No statement, express or implied, shall be used which misrepresents prices or savings in any manner.
(2) Claims that the price offer is for a limited time only or that there will be an increase in price shall not be used unless in fact true.
(3) Advertised or quoted prices shall include the cost of all parts of the structure which are essential to its functioning as a shelter.
(4) Advertised or quoted prices also shall include all charges for the delivery and installation of the shelter, unless the advertisement clearly and conspicuously discloses that delivery or installation charges are not included.
(5) No statement, however expressed, whether in words, phrases, price figures, symbols, fractions, percentages or otherwise, which represents or implies a reduction or saving from an established retail price or from the advertiser's former price shall be used in connection with the price at which a shelter is offered for sale unless:
(a) the saving or reduction statement applies to the specific shelter offered for sale as distinguished from similar or comparable shelters, and either
(b) the saving or reduction is from the usual and customary retail price of the shelter in the trade area or areas where the statement is made, or
(c) the saving or reduction is from the advertiser's usual and customary retail price of the shelter in the recent, regular course of business, and
(d) the statement clearly shows whether the saving or reduction is from the usual and customary retail price of the shelter in the trade area or from the advertiser's usual and customary retail price of the shelter in the recent, regular course of business.
(6) No statement which represents or implies a reduction or saving from an established retail price or from the advertiser's usual and customary retail price shall be used if,
(a) an artificial mark-up has been used to provide the basis for the claim, or
(b) the claim is based on infrequent or isolated sales, or
(c) the claim is based on a past price, that is, a price not immediately preceding the price used in the recent, regular course of business, unless this fact is clearly and adequately disclosed.
(7) Nothing herein provided shall be interpreted to preclude an advertiser from comparing his selling price for a shelter to the price at which similar and comparable shelters are currently offered for sale, or sold, provided that,
(a) it is clearly and conspicuously disclosed in the statement, however made, that the comparison in price is being made between the shelter offered for sale and similar and comparable shelters so that it is made clear that the comparative price is not the former or usual and customary price of the advertised shelter but is the price of such similar and comparable shelters, and
(b) the shelters, to which the sales price of the advertised shelter is compared, is at least of like grade and quality in all material respects, and
(c) said similar and comparable shelters are generally available for purchase at the comparative price in the same trade area or areas where the claim is made or, if not so available, that fact is clearly disclosed.
(8) No statement which represents or implies that, because of some unusual event or manner of business, a shelter is offered for sale to the consuming public at a saving from the usual and customary retail price in the trade area or areas where the claim is made, or at a saving from the advertiser's usual and customary price for the shelter in the recent, regular course of his business shall be made unless the claim is true.
(9) No statement shall be made in connection with the offering for sale of a shelter to the consuming public of a "factory" or "wholesale" price, or other such expression, which represents or implies that the consuming public can purchase the shelter at the same price that retailers regularly do, and provides a saving from the usual and customary retail price for the shelter in the trade area or areas where the claim is made unless such statement is true.
(10) No shelter shall be "pre-ticketed" with any price figure, either alone or with descriptive terminology, which exceeds the price at which the shelter is usually and customarily sold in the trade area or areas where the "pre-ticketed" shelter is offered for sale.
G. Financial terms.
(1) Installment purchase plans shall not be misrepresented in any manner, nor shall an advertiser claim that loans from any lending institution are available, or that such loans may be insured by the Federal Housing Administration, unless such is the fact.
(2) Down payments shall not be quoted in such a manner as to imply that the down payment constitutes the entire price.
(3) If a shelter is offered at a quoted price under an installment plan which requires additionally the payment of carrying charges, the fact that carrying charges are to be added to the advertised price shall be disclosed.
(4) If an interest rate is quoted, it must be simple interest per annum calculated on the basis of the unpaid balance due as reduced after crediting installments as paid.
H. Guarantees.
(1) A guarantee shall not be used in such a manner as to constitute a misrepresentation of a material fact.
(2) Any guarantee in advertising shall clearly and conspicuously disclose
(a) the nature and extent of the guarantee, including but not necessarily restricted to disclosure of (1) the shelter or part thereof guaranteed; (2) the characteristics or properties of the designated shelter or part thereof covered by or excluded from the guarantee; (3) the duration of the guarantee; (4) what, if anything, any one claiming under the guarantee must do before the guarantor will fulfill his obligation under the guarantee, and
(b) the manner in which the guarantor will perform including a statement of exactly what the guarantor undertakes to do under the guarantee, such as repair, replacement and refund and, if the guarantor or the person receiving the guarantee has an option as to what may satisfy the guarantee, this shall be set out in the statement; and
(c) the identity of the guarantor. The identity of the guarantor also shall be clearly revealed in all advertising, as well as in any documents evidencing the guarantee.
(3) A seller or manufacturer shall not advertise or represent that a shelter is guaranteed when he cannot or does not promptly and scrupulously fulfill his obligations under the guarantee.
I. Government connection, approval or endorsement. If a shelter design meets the minimum requirements of the United States Office of Civil Defense, the advertiser may reveal this fact in advertising. Even though the shelter design meets the aforementioned requirements, however, an advertiser shall not represent that the shelter has been approved or endorsed by the federal government or is being offered by an agency of the federal government. Seals, insignia, trade or brand names, or any other term or symbol implying connection, approval, or endorsement of the federal government shall not be used in advertising.
J. Maintenance or repairs. No statement shall be made which misrepresents the extent to which maintenance, repairs or replacement of a shelter or parts thereof may be required.
K. Custom made, custom built, etc. Claims that a shelter is "custom made," "custom built," or representations of similar import, shall not be used unless the shelter is to be designed and built specially for the particular purchaser.
L. Model shelters. An advertiser shall not claim that prospective purchasers' homes have been selected for the installation of "model shelters," or that the owners thereof will receive any amount of money, a reduction in price or other thing of value conditioned upon the sale to others of similar shelters, when such is not the fact.
M. Combination or dual-purpose shelters. Claims to the effect that a shelter serves a combination or dual purpose shall not be used unless factually true. If a shelter can in fact be utilized for other purposes which would not interfere with its use as a shelter, factual and non-deceptive representations as to such other utilization may be made.
N. Bait advertising. An advertiser shall not offer a shelter for sale unless such offer is made in good faith for the purpose of selling the advertised shelter. Insincere offers to sell, made for the purpose of contacting prospective purchasers and switching them to a shelter other than the shelter advertised, are not to be used.
O. Lottery schemes. Sales promotional plans involving lottery or other schemes of chance shall not be used.
P. Scare tactics. Scare tactics, such as the employment of horror pictures calculated to arouse unduly the emotions of prospective shelter buyers, shall not be used.
Q. Untrue or misleading advertisements prohibited. The provisions of R.S. 51:411 shall apply wherever applicable to this Section.
R. Penalty. Whoever violates any of the provisions of this Section shall be fined not less than twenty-five dollars nor more than five hundred dollars, or imprisoned for not less than ten days nor more than six months, or both, and each offense shall constitute a separate offense.
Added by Acts 1962, No. 237, §1.
A. No person shall assert, represent, make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper or other publication, or in the form of a letter, business card, sign, public listing, display, book, notice, hand-bill, poster, bill, circular, pamphlet, or radio broadcast, telecast, wire, wireless, motion picture, or in any other way, an advertisement of the availability or sale of a professional service of any sort relating to physical health, mental health, therapeutic or rehabilitative services, or any combination thereof, using the term "Doctor" or "Dr." in conjunction with his name unless he designates the degree to which he is entitled by reason of his diploma of graduation from a school or other entity, professional or otherwise, or to designate the degree as honorary when an honorary acknowledgment has been made, or to designate 'no degree' if he is not entitled to any such recognition; however, said designation shall not be necessary if such term is a part of the person's legal name.
B. Any violation of this Section shall be enforceable in accordance with the provisions and subject to the penalties of the Unfair Trade Practices and Consumer Protection Law and any rules promulgated by the licensing board for the provider's profession or occupation.
Added by Acts 1982, No. 547, §1, eff. Jan. 1, 1983; Acts 2025, No. 362, §2.
A. Except as otherwise authorized under state or federal law and rules and regulations promulgated thereunder, no person with intent to sell or in any way dispose of goods or services shall use the term "federal" or "United States," or any such other terms that would lead the reader to the conclusion that the person represents the government of the United States or one of its agencies, in any written material issued by such person without a disclaimer clearly visible in large, legible print on the face of such material which states that the person is in no way connected with the government of the United States.
B. No person with intent to sell or in any way dispose of goods or services shall charge the fee stated in some written material to another person to whom he has sent written material, unless such fee is stated in large, legible, bold print on the face of the material.
C. Any violation of this Section shall be enforceable under the provisions and any violator shall be subject to the penalties of the Unfair Trade Practice and Consumer Protection Law.
Acts 1990, No. 833, §1.
As used in this Subpart:
A. "Retailer" means any person engaged in the business of making sales at retail within this state, or if any person is engaged in the business of making sales both at retail and at wholesale, "retailer" shall apply only to the retail portion of the business.
B. "Wholesaler" means any person engaged in the business of making sales at wholesale within this state, or if any person is engaged in the business of making sales both at wholesale and at retail, "wholesaler" shall apply only to the wholesale portion of the business.
C. "Replacement cost" means the cost per unit at which the merchandise sold or offered for sale could have been bought by the seller at any time within thirty days prior to the date of sale or the date upon which it is offered for sale by the seller if bought in the same quantity as the seller's last purchase of the merchandise.
D. "Sell at retail," "sales at retail," and "retail sale" mean any transfer for a valuable consideration, made in the ordinary course of trade or in the usual prosecution of the seller's business, of title to tangible movable property to the purchaser for consumption or use other than resale, further processing or manufacturing.
E. "Sell at wholesale," "sales at wholesale," and "wholesale sales" mean any transfer for a valuable consideration, made in the ordinary course of trade or the usual conduct of the seller's business, of title to tangible movable property to the purchaser for purposes of resale, further processing or manufacturing.
F. "Cost to the retailer" means the invoice cost, or the replacement cost, of the merchandise to the retailer, whichever is lower;
(1) Less all trade discounts except customary discounts for cash;
(2) Plus; in the following order:
(a) Freight charges not otherwise included in the invoice cost or the replacement cost of the merchandise;
(b) Cartage to the retail outlet if done or paid by the retailer, which cartage cost, in the absence of proof of a lesser cost, shall be three-fourths of one per cent of the cost to the retailer after adding freight charges but before adding cartage and markup; and,
(c) A markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be six per cent of the cost to the retailer after adding freight charges and cartage.
G. "Cost to the wholesaler" means the invoice cost, or the replacement cost, of the merchandise to the wholesaler, whichever is lower;
(1) Less all trade discounts except customary discounts for cash and discounts from the state or any governmental agency allowed for the payment of collection of any taxes;
(2) Plus; in the following order:
(a) Freight charges, not otherwise included in the invoice cost or the replacement cost of the merchandise;
(b) Cartage cost which shall be three-fourths of one per cent of the cost to the wholesaler after adding freight charges but before adding cartage, any existing tobacco stamp excise tax and markup, and any motor fuels excise tax;
(c) Any existing tobacco stamp excise tax; and,
(d) A markup to cover a proportionate part of the cost of doing business which markup, in the absence of proof of a lesser cost, shall be two percent of the cost to the wholesaler after adding freight charges, cartage, any existing tobacco stamp excise tax, and any motor fuels excise tax; and,
(e) Any motor fuels excise tax.
H. In determining "cost to the retailer" in those cases where the retailer buys at wholesale and receives the wholesalers' profits and discounts on merchandise to be sold at retail, both the wholesale markup of two per cent and the retail markup of six percent, in the absence of proof of a lesser cost, shall be added to cover a proportionate part of the cost of doing business.
I. When one or more items are advertised, offered for sale, or sold with one or more other items at a combined price, or are advertised, offered as a gift, or given with the sale of one or more items, each and all of the items shall for the purposes of this Subpart be considered, advertised, offered for sale, or sold, and the price of each item shall be governed by the provisions of Subsections F, G, and H of this Section.
J. "Cost to the retailer" and "cost to the wholesaler" as defined by Subsections F, G, and H of this Section means bona fide costs. Purchases made by retailers and wholesalers at prices which cannot be justified by prevailing market conditions within this state shall not be used in determining "cost to the retailer" and "cost to the wholesaler."
Amended by Acts 1956, No. 121, §1; Acts 1999, No. 430, §1.
A. Any advertising, offer to sell, or sale of any merchandise, either by retailers or wholesalers, at less than cost as defined by this Subpart plus any state, county or municipal sales tax that is then payable under any existing law or ordinance, with the intent or effect of inducing the purchase of other merchandise or of unfairly diverting trade from a competitor or impairing fair competition and thus injuring public welfare, is unfair competition and contrary to and violative of public policy as expressed in this Subpart, where the result of such advertising, offer or sale is to tend to deceive any purchaser or prospective purchaser, or to substantially lessen competition, or to unreasonably restrain trade, or to tend to create monopoly in any line of commerce.
B. Any sale, transfer or exchange between wholesale outlets or between retail outlets or between wholesale and retail outlets operating a separate business or under a separate name at a price less than the minimum herein prescribed, either through the allowance of a discount or by the payment of a commission or through any other device used to reduce the minimum price shall constitute a violation of this Subpart.
C. Any wholesaler or retailer who furnishes labor or services to a purchaser to aid or assist in the conduct of the purchaser's business shall be deemed to be in violation of this Subpart where the value of the services reduces the selling price of any given commodity below the minimum price as herein established, and this provision shall be effective irrespective of whether or not the person or persons performing such services be in the employ of the seller.
Amended by Acts 1952, No. 181, §1; Acts 1956, No. 121, §1.
A. The provisions of this Section shall govern retail sales of motor fuel to the exclusion of R.S. 51:422 and 426. For purposes of this Section, the terms set forth below shall have the following meanings:
(1) "Competition" means the vying for motor fuel sales between any sellers in the same relevant geographic market.
(2) "Cost" means the retailer's cost of acquiring the product.
(3) "Cost of acquiring the product" means the actual price paid for the product as reflected in the invoice or other sales documents or, in the case of a refiner, the cost of manufacturing the product and transporting the product to the relevant terminal facility.
(4) "Motor fuels" means gasoline and diesel fuel.
(5) "Terminal facility" means any inland, waterfront, or offshore appurtenance used for the purpose of storing, handling, or transferring motor fuel, but does not include bulk storage facilities owned and/or operated by a wholesaler.
B.(1) Notwithstanding any other provision of this Subpart, it is an unfair trade practice and unlawful for any person who is a retailer to sell, at retail, motor fuel at a price which is below the retailer's cost plus taxes, applicable fees, and transportation charges, when the intent or effect is to impair or injure competition.
(2) For purposes of this Section, rebates provided to customers that purchase motor fuels through the use of a credit, debit, or shopping card not issued by or affiliated with the retailer shall not be considered in determining whether the sale is below the retailer's cost.
C. The provisions of Subsection B shall not apply in any of the following situations:
(1) When motor fuel is sold upon the final liquidation of a business.
(2) When motor fuel is advertised, offered for sale, or sold by any fiduciary or other officer under the order or direction of any court.
(3) When motor fuel is sold for promotional purposes limited to a grand opening, an annual anniversary, or an annual customer appreciation day sale, each of which does not exceed three consecutive days.
(4) When motor fuel is sold in a good faith effort to meet the legal price of a competitor. No retailer shall be in violation of Paragraph (B)(1) of this Section if the retailer makes a bona fide effort to determine the legality of the price of a competitor and determines in good faith that the competitor's price is a legal price.
(5) When gasoline or diesel fuel of any grade or formula is sold or offered for sale at retail or wholesale for ultimate use in the operation of motor vehicles, generators, power tools, or small engines during a time period and in the specific geographic area in which R.S. 29:732 applies.
D. Any person who is in the retail business of selling motor fuel claiming any exemption from Subsection B pursuant to the exceptions provided for in Subsection C must keep and maintain records substantiating the claim for exemption.
E. Notwithstanding any other provision of law to the contrary, the provisions of this Section shall be enforced by the attorney general and the district attorneys, in their respective districts, in order to prevent and restrain violations of this Section.
Acts 2005, No. 263, §1, eff. June 29, 2005; Acts 2009, No. 494, §3.
A.(1) No retailer or wholesaler shall advertise, offer to sell, or sell at retail any item of merchandise at less than cost to the retailer or less than cost to the wholesaler respectively.
(2) No retail or wholesale seller of groceries that issues identification, customer discount, membership, or other similar cards shall sell or otherwise transfer or make available to any person for any purpose, other than law enforcement agents for official law enforcement purposes pursuant to a subpoena or court order or agents of the seller for its purposes directly related to the use of such cards, any information obtained or derived from the issuance or use of such cards.
B. Whoever violates this Subpart shall be fined not less than five hundred dollars nor more than one thousand dollars for each offense and each offense shall constitute a separate violation. Proof of any advertising, offer to sell, or sale by any retailer or wholesaler in contravention of the policy of this Subpart shall be prima facie evidence of a violation.
C. In addition, the collector of revenue may suspend or revoke any existing license or permit granted to any wholesale or retail dealer after notice and opportunity to be heard and in conformity with the rules and regulations made by the collector of revenue to carry out the provisions of this Subpart.
Acts 1999, No. 548, §1; Acts 2001, No. 1217, §1.
In addition, the courts of this state may prevent and restrain violations of this Subpart, and district attorneys, in the respective districts, shall institute proceedings to prevent and restrain violations. Any person damaged, or who is threatened with loss or injury by reason of a violation of this Subpart may sue for and have injunctive relief against any damage, or threatened loss or injury. Any person, successful in a suit for injunctive relief under this Section, shall be allowed a reasonable attorney's fee; and further, the right as herein established shall exist in favor of any duly organized and existing trade organization and there shall exist damages and injury to such organization where it is shown that any one or more individual members thereof has been damaged by a violation of this Subpart.
Amended by Acts 1956, No. 121, §1.
Any defendant, or any witness, in any civil action brought under the provisions of this Subpart may be required to testify, and the books, records, invoices and all other documents of any defendant, may be brought into court and introduced as evidence, but no defendant, or any witness in any civil action shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, and no testimony given or produced shall be received against him upon any criminal proceeding or investigation.
The provisions of this Subpart shall not apply to sales at retail or sales at wholesale:
(1) Where merchandise is sold in bona fide clearance sales, if advertised, marked, and sold as such;
(2) Where perishable merchandise must be sold promptly in order to forestall loss;
(3) Where merchandise is imperfect or damaged, or is being discontinued and is advertised, marked and sold as such;
(4) Where merchandise is sold upon the final liquidation of any business;
(5) Where merchandise is sold for charitable purposes or to relief agencies;
(6) Where merchandise is sold on contract to departments of the government or governmental institutions;
(7) Where merchandise is sold in good faith to meet that competition which permits a competitor to sell at a lesser price where such competitor is able to do so without violating the terms and conditions of this Subpart;
(8) Where merchandise is sold by any officer acting under the order or direction of any court;
(9) Where the merchandise is sold by the manufacturer or producer thereof.
Amended by Acts 1952, No. 181, §1.
This Subpart may be cited as the Unfair Sales Law.
(1) "Commission" means compensation paid a sales representative by a principal in an amount based on a percentage of the dollar amount of certain orders for or sales of the principal's product.
(2) "Principal" means a person who:
(a) Repealed by Acts 1995, No. 487, §2.
(b) Manufactures, produces, imports, or distributes a product for sale to customers who purchase the product for resale;
(c) Uses a sales representative to solicit orders for the product; and
(d) Compensates the sales representative in whole or in part by commission.
(3) "Sales representative" means a person who solicits, on behalf of a principal, orders for the purchase at wholesale of the principal's product.
(4) "Termination" means the end of services performed by a sales representative for a principal whether by discharge, resignation, or expiration of a contract.
Acts 1988, No. 774, §1, eff. July 18, 1988; Acts 1995, No. 487, §§1, 2.
If there is a written contract between a principal and a sales representative under which the sales representative solicits wholesale orders within this state, it shall set forth the method by which the sales representative's commission shall be computed and paid. The principal shall provide the sales representative with a copy of the contract.
Acts 1988, No. 774, §1, eff. July 18, 1988.
Upon termination of any written or oral compensation agreement between a sales representative and a principal, the principal shall pay all commissions due the sales representative as specified in the agreement or, if not specified, no later than the thirtieth working day after the date of termination.
Acts 1988, No. 774, §1, eff. July 18, 1988.
A judgment or decree issued in any action brought by a sales representative for the payment of commissions by a principal may include payment by the principal of attorney fees and treble damages incurred by the sales representative.
Acts 1988, No. 774, eff. July 18, 1988.
A. Any provision in a written or oral contract or agreement providing for the payment of commissions by a principal to a sales representative which purports to establish exclusive venue in a state other than Louisiana is hereby declared to be null and void and against the public policy of this state and such provision shall be void and unenforceable.
B. Any provision in a written or oral contract or agreement which requires waiver of this Section or which would frustrate or circumvent the provisions of this Section shall be null and void and of no force and effect.
C. A principal who is not a resident of this state and who enters into a contract subject to the provisions of this Subpart is considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.
D. The provisions of this Subpart do not invalidate or restrict any other right or remedy available to a sales representative or preclude a sales representative from seeking to recover in one action on all claims against a principal.
Acts 1988, No. 774, §1, eff. July 18, 1988; Acts 1995, No. 487, §1.
A. No person selling or engaged in the sale of goods or services shall:
(1) Provide goods or services or advertise or promise to provide goods or services to an insured in a transaction in which the goods or services will be paid for by the insured from the proceeds of the property insurance claim and, without the insurer's consent, the person selling the goods or services agrees to do any of the following:
(a) Pay, waive, absorb, or otherwise decline to charge or collect the amount of the insured's deductible.
(b) Provide a rebate in connection with the sale of the goods or services that will offset all or part of the amount paid by the insured as a deductible.
(c) In any manner, assist the insured in avoiding monetary payment of the insured's deductible.
(2) Charge an amount for such goods or services that exceeds the usual and customary charge by an amount equal to or greater than all or part of the applicable insurance deductible paid.
B. No person insured under a property or casualty insurance policy shall submit a claim or knowingly allow a claim to be submitted under the policy for payment of any goods or services that are in violation of Subsection A.
C. An insured person shall be held in violation of this Section, unless he, the insured, promptly notifies the insurer of suspected excessive charges or other violations made by the person selling or engaged in the sale of goods or services.
D. Whoever violates this Section shall be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both, for each offense, and each offense shall constitute a separate violation.
Acts 1991, No. 608, §2; Acts 2022, No. 734, §2.
A contract to provide goods or services that is reasonably expected to be paid wholly or partly with the proceeds from a claim under a property insurance policy and has a contract price of one thousand dollars or more shall contain the following notice in at least twelve-point boldfaced type: "Louisiana law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy. It is a violation of Louisiana law for a seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist in the insured person's failure to pay, the applicable insurance deductible."
Acts 2022, No. 734, §2.
§§453, 454 Repealed by Acts 1970, No. 423, §23
A. No person, firm, partnership, association or corporation shall offer for sale in any manner any goods, wares or merchandise if the offer includes the voluntary and unsolicited sending of such goods, wares or merchandise not ordered or requested by the recipient, either orally or in writing. All such goods, wares or merchandise shall be deemed to be an unconditional gift to the recipient, and he may use or dispose of such goods, wares or merchandise in any manner he sees fit without any obligation to the sender.
B. If the sender of such goods, wares or merchandise continues to send bill statements or requests for payment therefor, the recipient may institute proceedings to enjoin such action. In addition, the sender may be liable for reasonable attorney fees and the costs of court.
Added by Acts 1970, No. 10, §1.
Whenever any person who is a member of an organization which makes retail sales of any goods, wares or merchandise to its members notifies the organization of his termination of membership, any unordered goods, wares or merchandise sent to that person after thirty days following execution of the return receipt for the certified letter by the organization shall for all purposes be deemed to be unconditional gifts to the former member, and he may use or dispose of the goods, wares or merchandise in any manner he sees fit without any obligation on his part to the organization.
If the sender of such goods, wares or merchandise continues to send bill statements or requests for payment therefor the recipient may institute proceedings to enjoin such action, and in such case the sender may be liable for reasonable attorney fees and for costs of court.
Nothing in this section shall relieve any person from liability for damages as a result of a breach of agreement with the organization to which he formerly belonged, but such person shall not be subject to any damages with respect to goods, wares or merchandise which are deemed unconditional gifts to him under the provisions of this section.
Added by Acts 1970, No. 10, §1.
As used in this Subpart:
(1) "Direct molding process" means any direct molding process in which the original manufactured vessel hull or component part of a vessel hull is itself used as a plug for the making of the mold, which is then used to manufacture a duplicate item.
(2) "Plug" means a device or model used to make a mold for the purpose of duplication.
(3) "Mold" means a matrix or form in which a substance or material is shaped.
Acts 1985, No. 932, §1, eff. July 23, 1985.
A. No person shall use the direct molding process to duplicate for the purpose of sale any manufactured vessel hull or component part of a vessel hull made by another without the written permission of that other person.
B. No person shall knowingly sell a vessel hull or component part of a vessel hull duplicated in violation of Subsection A of this Section.
C. The provisions of this Section shall apply only to vessel hulls or component parts of vessel hulls duplicated using a mold made on or after the effective date of this Subpart.
Acts 1985, No. 932, §1, eff. July 23, 1985.
Any person who suffers injury or damage as the result of a violation of the provisions of this Subpart may bring an action in a court of competent jurisdiction for an injunction prohibiting such violations. In addition, the injured person shall be entitled to actual damages incurred as a result of such violation, reasonable attorney's fees, and costs.
Acts 1985, No. 932, §1, eff. July 23, 1985.
A. No individual or other entity shall offer or require, or attempt to offer or require, any person to pay any consideration or venture any money, including but not limited to the payment of a handling fee or charge, or postage and handling fee or charge, in order to participate in an activity whereby such person sends, gives, or redeems a sports trading card to such individual or entity with the understanding that the person shall receive or have a chance to win a designated prize or prizes.
B.(1) "Sports trading card" means any card produced for use in commerce that contains a company name or logo, or both, and an image, representation, or facsimile of one or more players of a sport or other sport team member or members in any pose.
(2) The cost of mailing the sports trading card shall not be considered a venture of money.
C. Any violation of this Section shall constitute an unfair method of competition and an unfair or deceptive act or practice as provided for in R.S. 51:1405 and shall be subject to the enforcement provisions of the Unfair Trade Practices and Consumer Protection Law of Chapter 13 of this Title, R.S. 51:1401 et seq.
Acts 1999, No. 683, §1.
This Subpart shall be known and may be cited as the "Allen Toussaint Legacy Act".
Acts 2022, No. 425, §1.
As used in this Subpart, the following words and phrases shall have the following meanings:
(1) "Access software provider" means a provider of software, including client or server software, or enabling tools that do any one or more of the following:
(a) Filter, screen, allow, or disallow content.
(b) Pick, choose, analyze, or digest content.
(c) Transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.
(2) "Authorized representative" means an assignee, licensee, executor, heir, legatee, or other representative of an individual.
(3) "Commercial purposes" means the use of an individual's identity for any of the following purposes:
(a) On or in connection with products, merchandise, goods, services, commercial activities, or performances.
(b) For advertising, soliciting, or promoting products, merchandise, goods, services, commercial activities, or performances.
(c) For the purpose of fundraising.
(4) "Digital replica" means a computer-generated or electronic reproduction of a professional performer's likeness or voice that is so realistic as to be indistinguishable from the actual likeness or voice of the professional performer. "Digital replica" does not include the making or duplication of another recording that consists entirely of an independent fixation of other sounds, even though the sounds imitate or simulate the voice of the professional performer.
(5) "Expressive work" means such work as a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, work of art, or a dramatic, literary, or musical work, if it is fictional or nonfictional entertainment, a work of political or newsworthy value, or an advertisement or commercial announcement for any of these works.
(6) "Identity" means an individual's name, voice, signature, photograph, image, likeness, or digital replica.
(7) "Individual" means a living natural person domiciled in Louisiana or a deceased natural person who was domiciled in Louisiana at the time of the individual's death.
(8) "Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service.
(9) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
(10) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks.
(11) "Performance" means the use of a digital replica to substitute for a performance by a professional performer in a work in which the professional performer did not actually appear.
(12) "Professional performer" means an individual who, for gain or livelihood, is or was regularly engaged in acting, singing, dancing, playing a musical instrument, or appearing on a news broadcast as an anchor or reporter.
Acts 2022, No. 425, §1.
A. Every individual has a property right in connection with the use of that individual's identity for commercial purposes.
B. The identity rights provided in this Subpart constitute property rights that do not expire upon the death of the individual so protected, regardless of whether such rights were commercially exploited by the individual during the individual's lifetime. Notwithstanding the foregoing, the identity rights with respect to a performance in audiovisual works shall expire upon the death of the individual.
C. Identity rights are heritable, licensable, assignable, and transferable to the executors, heirs, legatees, assignees, or licensees of the individual.
D. Any transfer or exclusive license of an individual's identity rights is not valid unless in writing and signed by the individual or the individual's authorized representative, or if the individual is deceased, by more than fifty percent of the authorized representatives holding the rights specified in the transfer or license. An exclusive licensee of an individual's identity rights may, within the scope of and to the extent permitted by the license, assert a claim against a third party for a violation of this Subpart.
E. The identity rights provided by this Subpart shall terminate upon the earlier of either of the following:
(1) Proof of nonuse of the individual's identity for commercial purposes by an individual's authorized representative for a period of three consecutive years following the individual's death.
(2) Fifty years following the individual's death.
F. The rights provided by this Subpart apply to all individuals whether or not the individual died before, on, or after August 1, 2022. If the individual died before August 1, 2022, the rights are considered to have existed on and after the date the individual died. Notwithstanding the foregoing, a claim for a violation of an individual's identity rights may not be asserted under this Subpart unless the alleged act or event of violation occurs after August 1, 2022.
G . Rights under this Subpart are not subject to levy or attachment and may not be the subject of a security interest, marital property distribution, or debt collection. Nothing in this Section limits the ability to levy, attach, or obtain a security interest in the proceeds of the exercise of the rights under this Subpart, if the individual chooses to exercise his rights, or as otherwise ordered by a court of competent jurisdiction.
Acts 2022, No. 425, §1.
A. It shall be a violation of this Subpart for any person to use an individual's identity for a commercial purpose in Louisiana without having first obtained consent from the individual or the individual's authorized representative.
B. A claim for a violation of an individual's identity rights may not be asserted under this Subpart unless the alleged act occurs within Louisiana and shall be subject to a prescriptive period of two years from the date the violation was discovered or should have been discovered.
C. It shall be a violation of this Subpart to use a digital replica in a public performance of a scripted audiovisual work, or in a live performance of a dramatic work, if the use is intended to create, and creates, the clear impression that the professional performer is actually performing in the role of a fictional character.
D. A person who does any of the following shall be deemed to have submitted to the jurisdiction of this state:
(1) Engages in conduct within Louisiana that is prohibited under this Subpart.
(2) Creates or causes to be created within this state products, merchandise, goods, services, or other materials prohibited under this Subpart.
(3) Transports or causes to be transported into this state products, merchandise, goods, or other materials created or used in violation of this Subpart.
(4) Knowingly causes advertising or promotional material created or used in violation of this Subpart to be published, distributed, exhibited, or disseminated within Louisiana.
E.(1) In addition to any other remedy authorized by law, a person who violates an individual's identity rights may be liable for the greater of one thousand dollars and the actual damages, and to the extent not duplicative of the plaintiff's compensatory damages, the disgorgement of profits derived from the unauthorized use of the individual's identity. For purposes of calculating such profits, the plaintiff is only required to prove the gross revenue attributable to the unauthorized use, and the defendant is required to prove properly deductible expenses.
(2) A court of competent jurisdiction may grant the plaintiff, in a proceeding under this Section, a temporary restraining order or an order for injunctive relief.
F. A court may award reasonable attorney fees, costs, and expenses to the prevailing party in an action under this Subpart.
G. Any suit arising out of the alleged offending use of a digital replica, expressive work, identity, or performance, or brought against a newspaper, broadcast outlet, media outlet, online news outlet, news publication, or other media pursuant to this Subpart shall be subject to the provisions of Code of Civil Procedure Article 971, and any alleged violation of this Subpart shall be presumed an act in furtherance of a person's right of petition or free speech under the Constitution of the United States of America or the Constitution of Louisiana in connection with a public issue in accordance with Code of Civil Procedure Article 971.
Acts 2022, No. 425, §1.
A. This Subpart does not affect rights and privileges recognized under other state or federal laws, including those privileges afforded under the "fair use" factors in the United States Copyright Act of 1976.
B. It shall not constitute a violation of this Subpart to use an individual's identity under any of the following circumstances:
(1) In connection with a news, public affairs, sports transmission or account, or political campaign.
(2) In a work of political, public interest, educational, or newsworthy value, including comment, criticism, or parody, or similar works, such as documentaries, docudramas, or historical or biographical works, or a representation of an individual as himself or herself, regardless of the degree of fictionalization.
(3) In a play, book, magazine, newspaper, literary work, musical composition, single and original work of art or photograph, or visual work.
(4) In a sound recording, audiovisual work, motion picture, or radio or television program, unless the use creates an unauthorized performance.
(5) Any act of restoration or preservation of a sound recording, audiovisual work, or radio or television program.
(6) In an advertisement, commercial announcement, or display of any of the works described in this Subpart.
(7) To accurately identify the individual as the author of a given work, or a performer of a given work or performance, under circumstances in which the work or performance is otherwise rightfully reproduced, exhibited, or broadcast.
(8) To lawfully make a work available for sale or licensing purposes insofar as the terms of the sale or license do not permit the user to violate this Subpart.
(9) Data collection or data reporting and supplying the data collected or reported.
(10) Data processing, data matching, data distribution, or data licensing.
(11) In connection with the publication of an expressive work created prior to August 1, 2022.
(12) If the use is merely incidental.
C. An otherwise exempt use of an individual's identity protected under Subsection B of this Section is not an exempt use if it is so directly connected with a product, article of merchandise, good, or service as to constitute an act of advertising, selling, or soliciting purchases of that product, article of merchandise, good, or service.
D. The carriage or transmission by a radio or television broadcast station licensed by the Federal Communications Commission, cable or satellite television company, or other video service provider, streaming video provider, newspaper company, periodical company, billboard company, media platform, voice, data, or other communications, information services, or internet access provider of any content created by a third party which violates any provision of this Subpart shall not be considered a violation of this Subpart by any such entity which carried or transmitted the content.
E. Provisions of this Subpart do not create a liability for publishers or speakers of any information provided by another information content provider including the internet, an interactive computer service, an information content provider, or an access software provider.
F. The publication by a news entity or outlet, online news outlet, newspaper, news publication, or other media which violates any provision of this Subpart shall not be considered a violation of this Subpart by the news outlet, online news outlet, or other media.
Acts 2022, No. 425, §1.
A. The rights granted by this Subpart are cumulative and shall be in addition to any others provided by law.
B. The property rights granted by this Subpart vest with an individual or the individual's authorized representative on August 1, 2022.
Acts 2022, No. 425, §1.
All manufacturers or wholesale dealers or their general state agents who sell or offer for sale any tractors, threshers, binders, plows, discs, seeders, or any other implement used in agricultural pursuits in this state, shall within sixty days after any sale and at all times thereafter, maintain a full and adequate supply of parts for repairs at not less than one point within the state, so as to enable any purchaser or user to obtain at any time, any part for the purpose of repairing or replacing any broken, worn out or defective part of the implement, without the necessity of awaiting a shipment from the factory, or some other point located outside of the state. Nothing in this Section shall apply to the owner of a second hand implement, who sells or offers it for sale.
A. Whoever violates R.S. 51:471 shall be fined not more than five hundred dollars for each offense, or imprisoned for not more than ten days, or both.
B. If no station or store of stock is established within sixty days after the first sale as provided in R.S. 51:471 and any sale is made thereafter the penalty shall be not less than five hundred dollars nor more than one thousand dollars, or imprisonment for not more than thirty days, or both. In addition, the commissioner of agriculture and forestry shall publish notice of failure and delinquency at the expense of his department in journals within the state, or by any other method he may select.
Acts 2009, No. 24, §5, eff. June 12, 2009.
A. The provisions of this Part shall apply to written contracts or oral agreements of definite or indefinite duration between any person, firm, corporation, partnership, limited liability company, or other business entity engaged in the business of selling, distributing, or retailing farm, construction, forestry, heavy industrial material handling, utility and lawn and garden equipment, engines, implements, machinery, attachments, and repair parts for such equipment and any wholesaler, manufacturer, or distributor of such equipment and repair parts, whereby the retailer agrees with the wholesaler, manufacturer, or distributor to maintain a stock of such parts, or complete equipment or machines, or attachments. Any successor in interest of the manufacturer, wholesaler, or distributor shall include any purchaser of assets or stock, any surviving corporation or other business entity resulting from merger or liquidation, any receiver or assignee, or any trustee of the original equipment manufacturer, wholesaler, or distributor.
B. For the purposes of this Part, the following words and phrases shall have the following meanings:
(1) "Agent" means any manufacturer, wholesaler, or wholesale distributor; any purchaser of assets or stock of any surviving corporation or other business entity resulting from a merger or liquidation; any receiver or assignee; or any trustee of the original equipment manufacturer, wholesaler, or distributor.
(2) "Burden of proof", in the context of an incentive agreement, means that, if a dealer objects to the market statistics provided by the agent in support of a bonus or penalty proposed by the agent pursuant to the agreement, the agent shall provide all of the following information:
(a) The name of the entity or individual that purchased the contested equipment upon which the amount of the incentive payment or penalty is based.
(b) Sufficient evidence of the first substantial use of the contested equipment within the dealer's area of responsibility. Sufficient evidence shall consist of either:
(i) Geospatial telematic data from the reported equipment's hardware.
(ii) All of the following:
(aa) Name of the entity or individual that purchased the equipment.
(bb) City and state to which the equipment was delivered, as indicated on the manufacturer's delivery receipt provided by the dealer to the retail purchaser.
(cc) PIN, VIN, or serial number of the equipment.
(dd) Product segment (large ag, mid ag, or small ag) of the equipment.
(ee) Model class of the equipment.
(ff) Size class (horsepower) of the equipment.
(3) "Dealer" means any farm dealer, heavy industrial equipment dealer, construction equipment dealer, forestry equipment dealer, material handling equipment dealer, utility equipment dealer, engines equipment dealer, lawn and garden equipment dealer, or retail equipment distributor dealer.
(4) "Dealer agreement" means a written or oral agreement between a dealer and an agent that provides for the rights and obligations of the parties with respect to the sale or purchase of equipment or repair parts.
(5) "Farm equipment", "construction equipment", "forestry equipment", "heavy industrial equipment", "material handling equipment", "utility equipment", and "lawn and garden equipment" includes every vehicle designed or adapted and used exclusively for agricultural, construction, forestry, industrial material handling, utility, or lawn and garden operations, although incidentally operated or used upon the highways.
(6) "Incentive agreement" means any agreement between the agent and dealer involving the payment of a bonus or incentive payment by the agent to the dealer, or the imposition of a penalty by the agent on the dealer, based upon the dealer's sales within its area of responsibility.
(7) "Superseded parts" includes any part that will provide the same function as a previously available part and can be purchased from the manufacturer, wholesaler, or distributor on the date of cancellation.
Acts 1991, No. 627, §1; Acts 2015, No. 466, §1; Acts 2021, No. 359, §1.
The remedies provided in this Part are in addition and supplemental to remedies provided in any dealer agreement. A dealer may elect to pursue its contract remedy, the remedies provided by law, or both. An election by the dealer to pursue remedies as provided in the dealer agreement shall not preclude or prohibit the dealer from exercising his right to any other remedies provided by law. Any provision included in an agreement between an agent and a dealer that attempts to limit or otherwise preclude or prohibit a dealer from exercising any rights or protections provided in this Section shall be null, void, and unenforceable.
Acts 2015, No. 466, §1.
A.(1) No agent, directly through an officer or an employee, may terminate, cancel, fail to renew, or substantially change the competitive circumstances of a dealership agreement or contract without good cause, or if he failed to act in good faith.
(2) An agent shall bear the burden of proof that he has acted in good faith and that there was good cause for the termination or cancellation of any dealership agreement or contract.
(3) "Good cause" shall mean failure by a dealer to substantially comply with essential and reasonable requirements imposed upon the dealer by the dealership contract or agreement, if such requirements are not different from those imposed on other dealers similarly situated, either by its terms or the manner of enforcements.
B. Good cause exists whenever:
(1) An individual proprietor, partner, or major shareholder who owns more than twenty-five percent of the control of the dealership has withdrawn from the dealership, and a replacement individual proprietor, partner, or major shareholder, who meets the qualifying criteria typically applied by the agent in approving new dealers and agrees to be bound by the terms and conditions of the manufacturer's standard dealer agreement, has not previously been identified or is not identified within a reasonable time frame.
(2) There has been a substantial reduction in interest of a substantial partner or major stockholder, and such interest is not being transferred to one or more replacement partners or major shareholders, each of whom meets the qualifying criteria typically applied by the agent in approving new dealers.
(3) The dealer has filed or had filed against it a petition in bankruptcy that has not been discharged within sixty days after the filing, has sold a substantial part of the dealer's assets related to the equipment business outside of the ordinary course of business, or has commenced dissolution or liquidation.
(4) The dealer has changed its principal place of business without prior approval of the agent, which shall not be unreasonably withheld.
(5) Except as due to force majeure, the equipment dealer has failed to operate in the normal course of business for fourteen days.
(6) The dealer has pleaded guilty to or has been convicted of a felony substantially affecting the relationship between the dealer and the agent.
(7) The dealer has engaged in conduct which is substantially injurious or detrimental to the dealer's customers or to the public.
(8) The equipment dealer has substantially defaulted under chattel mortgage or other security agreement between the dealer and the agent, or there has been a revocation or discontinuance of a guarantee of a present or future obligation to the agent.
(9)(a) After receiving at least twelve months' notice from the agent of its specific and achievable requirements for reasonable market penetration based on the performance standards that are applied uniformly to similarly situated dealers, the dealer has consistently failed to use commercially reasonable efforts to meet the agent's reasonable market penetration requirements, and the agent can demonstrate that the dealer's failure is a result of the dealer's sole efforts or lack of efforts in its markets and not a result of the agent's efforts or lack of efforts in the market.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, good cause shall not exist if in the dealer's market share penetration meets or exceeds eighty percent of the agent's North American average in the twenty-four months immediately preceding the agent's attempt to terminate, cancel, fail to renew, or substantially change the competitive circumstances of a dealership agreement or contract.
C. Except as otherwise provided in this Section, an agent shall provide a dealer with at least ninety days' written notice of termination, cancellation, or nonrenewal of the dealership agreement. The notice shall state all reasons constituting good cause for the action and shall provide that the dealer has sixty days in which to cure any claimed deficiency, specifying the action that must be taken in order to cure the deficiency. If the deficiency is rectified within sixty days, the notice is void. Except as otherwise provided by law, the notice and the right to cure provisions under this Subsection are not required if the reason for termination, cancellation, or nonrenewal is a violation under the provisions of Paragraphs (B)(1) through (7) of this Section.
Acts 1991, No. 627, §1; Acts 1992, No. 372, §1; Acts 2015, No. 466, §1.
A. It shall be a violation of this Part for an agent to:
(1) Coerce any dealers to accept delivery of equipment parts or accessories which the dealer has not ordered voluntarily, or to seek payment for any such equipment parts or accessories, or their return.
(2) Condition the sale of equipment on a dealer also purchasing other goods or services; except that an agent may require the dealer to purchase those parts reasonably necessary to maintain the quality of operation in the field of the equipment used in the trade area and to purchase and lease such telecommunication equipment as is substantially and reasonably necessary to communicate with the agent.
(3) Coerce a dealer into refusing to purchase an agent's equipment manufactured by another agent.
(4) Attempt or threaten to terminate, cancel or fail to renew or substantially change the competitive circumstances of the dealership agreement based on the result of a natural disaster, including a sustained drought or high unemployment in the dealership market area, labor dispute, or other similar circumstances beyond the dealer's control.
(5) In connection with an incentive agreement, impose on the dealer:
(a) The burden of proof regarding the terms of the agreement, including the establishment of the location of a piece of equipment's first substantial use.
(b) A penalty for the sale of equipment if the first substantial use is in a location outside the dealer's area of responsibility for agricultural sales, regardless of the location of the seller, or of the customer's residence, office, or operating base.
B.(1) A dealer may bring an action for civil damages in a court of competent jurisdiction against any agent found violating the provisions of this Section, and may recover the damages sustained as a consequence of the agent's violations, together with all costs and attorney fees.
(2) The dealer shall be entitled to injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances. In any action by the dealer for injunctive relief for a violation of this Section, irreparable harm shall be presumed. The remedies in this Section are in addition to any other remedies permitted by law.
Acts 1991, No. 627, §1; Acts 2021, No. 359, §1.
Notwithstanding the terms of any dealer agreement, each agent shall indemnify and hold harmless a dealer against any judgment for damages, including but not limited to court costs and reasonable attorney fees of the dealer, arising out of complaints, claims or lawsuits, including but not limited to strict liability, negligence, misrepresentation, express or implied warranty, or rescission of sale, if the judgment arises out of an alleged defective or negligent manufacture, assembly, design, or modifications or alterations made by a dealer who is authorized by an agent to make such modification or alterations, parts, attachments, or accessories, or other functions by the agent, which are beyond the control of the dealer.
Acts 2015, No. 466, §1.
Upon cancellation or discontinuance of a contract as described in R.S. 51:481(A) by the agent, dealer, wholesaler, manufacturer, or distributor, the agent shall pay to the dealer, or credit his account if he has outstanding any sums owing the agent, a sum equal to one hundred percent of the net cost of all new unused complete engines, implements, equipment, machinery, and attachments covered by this Part which have been purchased from him by the dealer within the thirty-six months immediately preceding notification by the agent or dealer of intent to cancel or discontinue the contract, including transportation charges and excise taxes paid by the dealer or invoiced to his account by the agent. Nothing in this Section shall prohibit the dealer from electing to keep such merchandise if he has the contractual right to do so. Equipment used for demonstration with less than three hundred hours use will be considered new. Equipment that is demonstrated as a method of selling is returnable as new equipment.
Acts 1991, No. 627, §1; Acts 1992, No. 372, §1.
A. Upon cancellation or discontinuance of a contract as described in R.S. 51:481(A) by the agent or dealer, the agent shall pay to the dealer, or credit to his account if he has outstanding any sums owing to the agent, a sum equal to one hundred percent of the current net prices on repair parts previously purchased from him by the dealer and held by the dealer on the date of the cancellation or discontinuance of the contract or thereafter received by the retailer from the wholesaler, manufacturer or distributor. This right of resale shall extend to superseded parts listed in current price lists or catalogs in use by the agent on the date of cancellation or discontinuance of the contract. Nothing in this Section shall prohibit the dealer from electing to keep such repair parts and superseded parts if he has the contractual right to do so. The agent shall buy back all specialized equipment that the agent required the dealer to purchase at fifty percent of the original price the dealer paid.
B. The repurchase of a repair part shall not be required when the dealer has failed to return the part to the agent after being offered a reasonable opportunity to do so; provided the annual return program of the agent shall not be considered such reasonable opportunity to return within the meaning of this Section. Neither shall the agent be required to repurchase repair parts which have a limited storage life or which are otherwise subject to deterioration, such as rubber items, gaskets, single repair parts priced as a set of two or more items, and repair parts which because of their condition are not resellable as new parts. The dealer shall not be entitled to payment or credit for parts, equipment, implements, machinery, or attachments until the dealer furnishes evidence satisfactory to the company that such products are free and clear of all claims, liens, and encumbrances.
Acts 1991, No. 627, §1; Acts 1992, No. 372, §1.
The payment required by the agent under this Part shall be due within sixty days after shipment of such items, and upon such payment or allowance of credit to the dealer's account of the sum required by R.S. 51:484 and 485, the title to the equipment, implements, machinery, attachments or repair parts shall pass to the agent making the payment or allowing the credit, and the agent shall be entitled to the possession of the engines, equipment, implements, machinery, attachments, or repair parts. However, this shall not in any way affect any mortgage or privilege which the agent may have on the inventory of the dealer. The date of cancellation or termination shall be the date the agent receives written notice from the dealer or the dealer receives written notice from the agent.
Acts 1991, No. 627, §1.
The provisions of R.S. 51:484 through 486 shall supplement any contract, as defined in R.S. 51:481, and the dealer may elect to pursue either his contract remedy or the remedy provided under this Part as to the engines, equipment, implements, machinery, attachments, or repair parts affected by the contract remedy. Notwithstanding anything contained herein, the right of the agent to deduct from the amount paid to the dealer or credited to his account any discount incident to the dealer's purchase of goods shall not be affected. Further, any repurchase under this Part shall not be subject to the provisions of the bulk sales law. After termination or cancellation, any debts remaining from a retail sale or lease contract shall not be reduced nor shall a dealer reserve account be debited by an agent or financial institution without prior approval of the dealer or his heirs. A former dealer or his heirs shall be given quarterly status reports on any remaining outstanding contracts. As the contracts are reduced any reserve account funds shall be returned to the dealer or his heirs in direct proportion to the liabilities outstanding.
Acts 1991, No. 627, §1.
Upon the death of the dealer, or the majority stockholder in a corporation operating a retail dealership under a contract as provided in R.S. 51:481, the heir or heirs of the dealer or stockholder shall have one year to exercise the options provided by this Part to the dealer, upon the same terms and conditions applicable to the dealer.
Acts 1991, No. 627, §1.
In the event that the agent fails or refuses to make payment to the dealer or his heir or heirs as required by this Part within sixty days after shipment of returned items, he shall be liable to the retailer or his heir or heirs for damages in the following amounts:
(1) One hundred percent of the net cost of the equipment, implements, machinery and attachments.
(2) Transportation charges which have been paid by the dealer.
(3) One hundred percent of the current net price of repair parts plus transportation cost.
(4) Interest at the same rate as fixed by law for legal interest, accruing from sixty days after shipment of return items.
Acts 1991, No. 627, §1.
A. The agent shall also pay the dealer or credit his account a sum equal to five percent of the current net price for all parts returned under the provisions of R.S. 51:485 for the handling, packing, and loading of such parts back to the agent. The five percent shall not be paid or credited to the dealer if the agent elects to perform the inventorying, packing, loading, and transportation of the parts itself. Transportation charges shall be paid by the agent.
B. The dealer or agent shall furnish a representative to inspect all parts and certify their acceptability as they are being packed for shipment. Should a representative of the agent not be provided within forty-five days, the parish sheriff shall be appointed in the agent's capacity with the agent responsible for all cost of the appointment.
Acts 1991, No. 627, §1.
In no event shall a dealer be liable to an agent pursuant to the terms of any dealer agreement between them for the gross negligence or willful misconduct of any third party.
Acts 2015, No. 466, §1.
§§491 to 501 Repealed by Acts 1964, No. 363, §2
A. Warranty claims submitted to a supplier by a dealer for payment under a warranty agreement shall either be approved or disapproved within thirty days of receipt by the supplier. All claims for payment shall be paid within thirty days of their approval. When any such claim is disapproved, the supplier shall notify the dealer within thirty days stating the specific grounds upon which the disapproval is based. If a claim is not specifically disapproved within thirty days of receipt, it shall be deemed approved and payment by the supplier shall be made within thirty days.
B. If after termination of a contract, the dealer submits a claim to the supplier for warranty work performed prior to the effective date of the termination, the supplier shall accept or reject the claim within thirty days of receipt.
C. Warranty work performed by the dealer shall be compensated in accordance with the reasonable and customary amount of time required to complete the work, expressed in hours and fractions thereof, multiplied by the dealer's established customer hourly retail labor rate, which shall have previously been made known to the supplier.
D. Expenses expressly excluded under the supplier's warranty to the customer shall not be included nor required to be paid on requests for compensation from the dealer for warranty work performed.
E. All parts used by the dealer in performing warranty work shall be paid to the dealer in the amount equal to the dealer's net price for parts used, plus a minimum of fifteen percent. The percentage additive shall reimburse the dealer for reasonable costs of doing business in performing warranty service on the supplier's behalf, including but not limited to freight and handling costs incurred.
F. The supplier shall have the right to adjust for errors discovered during audit and, if necessary, to adjust claims paid in error.
G. The dealer shall have the right to accept the manufacturer's reimbursement terms and conditions in lieu of the provisions of this Section.
H. For the purposes of this Section, "dealer" shall mean any farm equipment dealer, heavy industrial equipment dealer, construction equipment dealer, material handling equipment dealer, utility equipment dealer, engines equipment dealer, lawn and garden equipment dealer, or retail equipment distributor dealer.
Acts 2011, No. 221, §1, eff. June 27, 2011.
As used in this Part:
(1) "Retail drug trade" means the selling to the consumer, not for the purpose of resale, of any form of drugs, medicines, cosmetics, toilet preparations, drug sundries or allied articles, but does not include the sale of damaged merchandise if advertised, marked and sold as such, nor merchandise sold during the final liquidation of any business, or sold or donated for charitable purposes or to unemployment relief agencies, or to physicians, dentists, veterinarians or hospitals.
(2) "Drug retailer" means any person engaged wholly or partially in the retail drug trade;
(3) "Retail drug establishment" means any store or department of a store engaged in the retail drug trade;
(4) "Cost" means the manufacturer's wholesale list price per dozen or per customary unit plus a six percent mark-up;
(5) "Drug" means any substance or preparation intended for external or internal use in the care, mitigation, treatment, remedy or prevention of disease or ailment in man or animal, and any substance or preparation intended to affect the structure or function of the body of man or animal, not including food, but including medicinal or quasimedicinal preparations;
(6) "Cosmetics" and "toilet preparations" mean toilet articles and perfumes, toilet waters, face powders, creams, lotions, rouges, shaving creams, dentifrices, bath salts and all other similar preparations and substances, designed and intended for application to the person for the purpose of cleansing, improving, or changing in any way the appearance of the person, or of refreshing or preserving the person;
(7) "Drug sundries" means such articles as are used in conjunction with, but not included in, drugs, cosmetics or toilet preparations.
No drug retailer shall use advertising or selling methods which refer inaccurately in any material particular to any competitor or his merchandise, prices, values, credit terms, policies or services, nor use selling methods which tend to deceive or mislead the customer, nor use advertising which lays claim to a policy or a continuing practice of generally underselling competitors.
No drug retailer shall give secretly anything of value to a customer or to the employee or agent of a customer for the purpose of influencing a sale or, in furtherance of a sale, render a bill or statement of account to the employee, agent or customer which is inaccurate in any material particular; nor sell or offer for sale any merchandise at less than cost or upon a condition which involves a lottery, gamble, or other element of chance; nor permit any demonstrator or sales employee whose salary is wholly or partially paid by a manufacturer or distributor to work in his establishment, unless the demonstrator or sales employee is clearly and openly identified as the agent of the manufacturer or distributor.
The Louisiana Board of Pharmacy may supervise, adjust, arbitrate and enforce the provisions of this Part, and make and publish reasonable rules and regulations not inconsistent with any federal or state law.
Whoever wilfully violates this Part shall be fined not less than ten dollars, nor more than five hundred dollars.
This Part may be cited as the "Fair Practice Law."
All purchasers of green or salted hides and all common carriers receiving for sale or shipment, green or salted hides, shall demand and receive of the seller or shipper, a full description of all marks and brands on such hides which shall be verified by the purchaser or common carrier and such purchaser or common carrier shall keep a record of such sales or shipments if the sale or shipment does not exceed five hides, with a description of the marks and brands. This record shall at all times be open for public inspection and preserved for a period of three months from its date.
If after demand made upon the shipper by the common carrier, for a full description of all marks and brands on hides as provided for in R.S. 51:541, the shipper refuses or is unable to furnish such description and verification, the common carrier may refuse to receive the hides until a description is furnished and verified as provided in R.S. 51:541. Hides purchased from or taken off for butchers by recognized licensed abattoirs and slaughter houses are exempted from this Part.
Whoever violates R.S. 51:541 or 51:542 shall be fined not less than fifty dollars nor more than one hundred dollars for each offense.
All persons conducting a retail business in green cow hides shall make and keep a complete record of the date of purchase, name of vendor, and of the iron brand on each hide purchased.
The record provided for in R.S. 51:544 shall be kept for a reasonable time and open to the inspection of the public at all times.
Whoever violates R.S. 51:544 or 51:545 shall be fined not less than one hundred dollars nor more than three hundred dollars, or imprisoned for not less than ten days nor more than sixty days, or both.
Repealed by Acts 2011, No. 389, §2.
Repealed by Acts 2011, No. 389, §2.
Repealed by Acts 2011, No. 389, §2.
Repealed by Acts 2011, No. 389, §2.
Repealed by Acts 2011, No. 389, §2.
Repealed by Acts 2011, No. 389, §2.
Repealed by Acts 2011, No. 389, §2.
Repealed by Acts 2011, No. 389, §2.
Repealed by Acts 2011, No. 389, §2.
The common name of the flesh of the mammal ondatra zibethica rivalicia shall be marsh hare.
The use of the name or appellation of musk rat in referring to the flesh of ondatra zibethica rivalicia is prohibited.
All packers, distributors, processors and other persons handling or dealing in the meat or meat products of ondatra zibethica rivalicia, and all persons advertising, or in any way promoting its use and consumption shall label and refer to such meat or meat products as marsh hare.
A. Any person, firm, or corporation who sells or offers for sale in the State of Louisiana through any outlet, any meat, either fresh or frozen, which is a product of a foreign country or imported from without the boundaries of the United States without first indicating this fact by the display of a conspicuous sign in their place of business, such a sign to use letters at least four inches high and be of contrasting colors and stating that the meat so offered is from a foreign country, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than Twenty-five Dollars ($25.00) or more than One Hundred Dollars ($100.00) or be imprisoned in the parish jail not more than thirty days for the first offense. Any supplier of any retail outlet who handles any foreign meats either fresh or frozen shall notify the retail outlet in writing that it is imported meat at the time of its delivery. Outlets serving cooked food at retail, displaying a conspicuous sign of contrasting colors, using letters at least four inches high, shall be deemed as having satisfied the requirements of this Section.
B. For each second or successive conviction of such offense against this Section, the fine shall be not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), nor more than ninety days imprisonment in the parish jail, or both such fine and imprisonment.
Acts 1964, No. 205, §1.
A. In conformity with and to the extent allowed by the Federal Meat Inspection Act and applicable federal meat inspection regulations, any person, firm, company, corporation, partnership, association, or other business entity which sells processed or unprocessed meat, whether fresh or frozen, in Louisiana after January 1, 2000, shall indicate in clear and conspicuous letters on the meat, the immediate wrapping or container, or a sign included with the display if the meat is displayed for sale or sold unwrapped, either the name of the country of origin preceded by the words "product of" or the country of origin of the meat using one of the following designations: "Imported", "American", or "Blend" of imported and American meats.
B. Whoever violates any provision of this Section shall be subject to a civil penalty of not more than five hundred dollars for each act of violation. Each day on which a violation occurs shall be a separate offense. Penalties may be assessed at an adjudicatory hearing held under the Louisiana Weights and Measures Law and in accordance with the provisions of the Administrative Procedure Act. Notwithstanding any provision of law to the contrary an appeal from such adjudicatory hearing shall not be confined to the record and additional testimony and evidence may be considered by the court.
C. The Louisiana Department of Agriculture and Forestry shall administer and enforce the provisions of this Section and shall adopt rules and regulations pursuant to the Administrative Procedure Act necessary to carry out the provisions of this Section.
D. The provisions of this Section shall not apply to prepared meat which is sold at retail for consumption on the premises and fully cooked meat as defined by the United States Department of Agriculture Food Safety Inspection Service rules and regulations.
Added by Acts 1981, No. 688, §1; Acts 1999, No. 487, §1.
No person shall manufacture, store, offer for sale, sell or otherwise dispose of, or distribute, white phosphorous single-dipped strike-anywhere matches of the type popularly known as "Parlor Matches". No person shall manufacture, store, sell, offer for sale, or otherwise dispose of, or distribute, white phosphorous double-dipped strike-anywhere matches or any other type of double-dipped matches unless bulb or first dip of the match is composed of a so-called safety or inert composition, non-ignitable on an abrasive surface. No person shall manufacture, store, offer for sale, sell, or otherwise dispose of, or distribute Blazar or so-called Wind Matches, whether of the so-called safety or strike-anywhere type.
No person shall offer for sale, sell, or otherwise dispose of, or distribute for use any matches, unless the package or container in which the matches are packed, bears plainly marked on the outside, the name of the manufacturer and the brand or trade-mark under which the matches are sold, disposed of or distributed.
No more than one case of each brand of matches of any type or manufacture shall be opened at any one time in any retail store where matches are sold. No loose boxes or paper wrapped packages of matches shall be kept on shelves or stored in retail stores where matches are sold, at a height exceeding five feet from the floor. All matches when stored in warehouses shall be kept only in properly secured cases or boxes, and not piled to a height exceeding ten feet from the floor, and shall not be stored within a horizontal distance of ten feet from any boiler, furnace, stove, or other like heating apparatus, or within a horizontal distance of twenty-five feet from any explosive material kept or stored on the same floor.
All matches shall be packed in boxes or suitable packages, containing not more than seven hundred matches in any one box or package. When more than three hundred matches are packed in any one box or package the matches shall be arranged in two nearly equal portions, the heads of the matches in the two portions being placed in opposite directions. All boxes containing three hundred and fifty or more matches shall have placed over the matches a center holding or protecting strip, made of chipboard, not less than one and one-quarter inches wide. This strip shall be flanged down to hold the matches in position when the box is nested into the shuck or withdrawn from it.
All match boxes or packages shall be packed in strong shipping containers or cases. The number of match boxes or packages contained in any one shipping container or case shall not exceed the amount below:
Number Number
of boxes of matches
1/2 gross. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .700
1 " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500
2 " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
3 " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
5 " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
12 " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
20 " over 50 and under. . . . . . . . . . . . . . . . 100
25 " under . . . . . . . . . . . . . . . . . . . . . . . . . 50
No shipping container or case constructed of fibreboard, corrugated fibreboard, or wood nailed or wire bound, shall exceed, including its contents, seventy-five pounds, and no lock-cornered wood case containing matches shall exceed, including its contents, eighty-five pounds. No other articles or commodities shall be packed in the same container or case. On the outside of all containers and cases in which are packed strike-anywhere matches, the words "Strike-Anywhere Matches" shall be plainly marked.
Whoever violates this Part shall be fined for the first offense not less than fifty dollars nor more than one hundred dollars, and for each subsequent offense not less than one hundred dollars, or imprisoned for six months, or both.
As used in this Part, the following terms have the meanings ascribed to them in this Section unless the context clearly indicates otherwise:
(1) "1.3G Fireworks" is a United States Department of Transportation (hereinafter referred to in this Section as "DOT") classification indicating display fireworks to be used by professionals in a public display.
(2) "1.4G Fireworks" means consumer fireworks intended for use by the general public.
(3) "Aerial luminary" means an airborne paper or membrane lantern containing a small candle, or other device for fuel, that heats air from inside the lantern causing the lantern to rise into the air and remain airborne until the candle or other fuel device extinguishes or is caused to descend by environmental effects. These items are commonly known as sky lanterns, Hawaii lanterns, Kongming lanterns, Chinese lanterns, fire balloons, or flying luminaries.
(4) "Articles pyrotechnic" means a controlled pyrotechnic device intended for professional use to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects that may be similar to consumer fireworks in chemical composition and construction but are not approved for consumer use. Such articles comply with the weight limits for consumer fireworks, but are not labeled as such, and are classified by DOT in 49 CFR 172.101 as UN0431 or UN0432.
(5) "Assembler" means any person engaged in the making of fireworks from component parts.
(6) "Class C Public Display" means the outdoor display of only 1.4G and consumer fireworks for any purpose relating to the amusement of the general public sanctioned or made by a public entity.
(7) "Consumer fireworks" are small fireworks usually sold at retail to consumers during designated periods. These include a number of small devices designed to produce audible effects, ground devices containing fifty milligrams (50 mg) or less of flash powder, and aerial devices containing one hundred thirty milligrams (130 mg) or less of flash powder. The DOT classifies consumer fireworks in 49 CFR 172.101 as UN0336 and UN0337.
(8)(a) "Display fireworks" are large fireworks used in commercial display shows under the direct supervision of a licensed pyrotechnic operator. These fireworks are designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. They include but are not limited to salutes containing more than two grains (130 mg) of flash powder, aerial shells containing more than forty grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as consumer fireworks. They also include fused set pieces containing components which together exceed fifty milligrams (50 mg) of flash powder. Display fireworks are classified by DOT in 49 CFR 172.101 as UN0333, UN0334, or UN0335.
(b) As provided for in this Paragraph, aerial shells containing more than forty grams of pyrotechnic compositions include any break charge and visible or audible effect compositions, but are exclusive of lift charge.
(9) "Distributor" means any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales of fireworks either as a jobber or a retailer or both.
(10) "Fire prevention officer" means a chief of a fire department, a sheriff, a constable, another local enforcement officer primarily responsible for fire prevention, or if there is no local fire authority, the state fire marshal or his designee.
(11) "Firework" and "pyrotechnic" mean a broad composition or device used for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and which are further defined in three general categories: "articles pyrotechnic", "consumer fireworks", and "display fireworks". The term "firework" does not include blank cartridges, railroad flares, model rockets, or any novelty or toy cap pistols, caps, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths (25/100) grains or less of explosive compounds are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five hundredths (25/100) grains of explosive compounds. The provisions of this Paragraph shall not be construed to impose labeling requirements for any fireworks or novelties other than those required as provided in federal law.
(12) "Firm" means a sole proprietorship, partnership, corporation, limited liability company, or any other entity.
(13) "Illegal firework" means a firework device assembled, manufactured, distributed, or sold in violation of this Part.
(14) "Importer" means any person who imports, brings in, or causes to be brought in any fireworks from outside the state of Louisiana into the state of Louisiana. "Importer" does not include a jobber or retailer who purchases fireworks from a distributor domiciled in Louisiana and who subsequently stores the fireworks in a warehouse outside of Louisiana with the intention of bringing the fireworks back into Louisiana after a short period of time to be distributed to other retailers in Louisiana or to be used in the purchaser's retail business.
(15) "IMS system" means the information management system operated and maintained by the office of state fire marshal.
(16) "Jobber" means any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail.
(17) "License" means the document issued by the office of state fire marshal to a firm or person authorizing the firm or person to engage in the activities as defined by this Part and administrative rules.
(18) "Licensee" means any person or firm issued a license by the office of state fire marshal to engage in the activities as defined by this Part and administrative rules.
(19) "Manufacturer" means any person engaged in making or construction of pyrotechnic compounds or component parts.
(20) "Novelty" means a device containing small amounts of pyrotechnic or explosive composition but does not fall under the category of consumer fireworks. Such devices include but are not limited to snakes, tanks, poppers, and snappers that produce limited visible or audible effects.
(21) "Office" means the office of state fire marshal.
(22) "Person" includes any firm, corporation, association, co-partnership, or one or more individuals.
(23) "Proximate display" includes all indoor displays and means a pyrotechnic public display involving the ignition of Fireworks 1.3G or Fireworks 1.4G for public viewing, where the audience is closer to the pyrotechnic devices than permitted by NFPA 1123 Code of Fireworks Display. The term does not include the use of Fireworks 1.4G by a retail consumer for private or personal viewing.
(24) "Public display" means the display of 1.4S, 1.4G, or 1.3G fireworks, including fireworks not listed as permissible in R.S. 51:651, used for any purpose relating to the amusement of the general public.
(25) "Public entity" includes but is not limited to the state, its agencies, departments, offices and commissions, political subdivisions, municipalities, and parishes.
(26) "Pyrotechnic operator" means an individual who, by experience and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising public displays of Fireworks 1.3G.
(27) "Pyrotechnic operator" means a person licensed through the office of state fire marshal who, by experience, training, and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising public displays of 1.3G or 1.4G Fireworks.
(28) "Pyrotechnic special effects operator" means an individual who, by experience and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising proximate displays of Fireworks 1.3G, 1.4G, and 1.4S.
(29) "Retailer" means any person engaged in the business of making sales of fireworks at retail to persons other than a distributor or a jobber.
(30) "Sale" includes barter, exchange, or gift or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee.
Acts 1958, No. 63, §7. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 2003, No. 398, §2; Acts 2012, No. 10, §1; Acts 2018, No. 211, §1, eff. May 15, 2018.
A. It shall be unlawful for any individual, firm, partnership, or corporation to possess, sell, or offer for sale or use within the state of Louisiana any pyrotechnics commonly known as fireworks other than the permissible fireworks. Permissible fireworks, formally known as Class "C" "common fireworks", consist of United States Department of Transportation classification codes UN 0336, 1.4G, or 1.4S and in addition includes "consumer fireworks" as defined by The Consumer Product Safety Commission and shall mean such articles of fireworks as are enumerated or may hereafter be enumerated by the United States Code of Federal Regulations: 49 CFR 173: Regulations of United States Department of Transportation for the transportation of explosives and other dangerous articles; 27 CFR 55: The Bureau of Alcohol, Tobacco and Firearms regulations of the commerce of explosives; and 16 CFR 1507: Consumer Product Safety Commission regulation of hazardous substances. In addition, any of the following enumerated devices shall also be permissible fireworks:
(1) Permissible fireworks spark showering devices, which include the following defined items:
(a) "Cone fountain": A cardboard or heavy paper cone containing not more than fifty grams of pyrotechnic composition. When more than one cone is mounted on a common base the total pyrotechnic composition may not exceed two hundred grams.
(b) "Cylindrical fountain": A cylindrical tube containing not more than seventy-five grams of pyrotechnic composition. When more than one tube is mounted on a common base, the total pyrotechnic composition may not exceed two hundred grams.
(c) "Flitter sparkler": A narrow paper tube attached to a stick or wire and filled with not more than five grams of pyrotechnic composition.
(d) "Ground spinner": A small device, which vents out of the orifice usually located on the side of the tube, composed of not more than twenty grams of pyrotechnic composition.
(e) "Illuminating torch" (either spike base or hand held): A cylindrical tube containing not more than one hundred grams of pyrotechnic composition. When more than one tube is mounted on a common base, the total pyrotechnic composition may not exceed two hundred grams.
(f) "Pyrotechnic wheel device": One or more drivers in the form of a wheel which may be attached to a post or a tree by means of a nail or string. Each driver may contain not more than sixty grams of pyrotechnic composition. No wheel may contain more than two hundred grams total of pyrotechnic composition.
(g) "Toy smoke device": A small plastic or paper item, containing not more than one hundred grams of pyrotechnic composition, that upon ignition produces white or colored smoke as the primary effect and is classed as 1.4G unless classed as 1.4S or is not regulated as explosives on the basis of examination and testing as specified in Part 173.56 of Title 49, Code of Federal Regulations.
(2) Permissible aerial devices shall include the following fireworks:
(a) "Helicopter aerial spinner": A spinning device composed of a tube attached to a propeller or blade, which shall contain not more than twenty grams of chemical composition.
(b) "Mine or shell": A tube device made of heavy cardboard or paper attached to a wooden or plastic base and containing not more than twenty grams of chemical composition plus not more than twenty grams of lift charge and not more than one hundred thirty milligrams of explosive composition per report. Total chemical composition, including lift charges, of any multiple tube device may not exceed two hundred grams.
(c) "Missile-type rocket": A device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability. Missiles shall not contain more than twenty grams of total chemical composition.
(d) "Roman candle": A tube device containing not more than twenty grams of chemical composition and not more than ten balls per tube.
(e) "Sky rockets" and "bottle rockets": Cylindrical tubes containing a total propellant charge each of more than four grams but less than twenty grams of chemical composition, a casing size of not less than five-eighths of an inch in outside diameter and a casing length of not less than two and seven-eighths inches, with an overall length of fifteen inches including the stick or greater length so as to assure stable flight, which shall be securely fastened by glue, staples, or wire or any other means which ensures the casing is securely attached to allow the stick to remain firmly attached during transportation, handling, and normal operation to the casing. Any sky rocket or bottle rocket which does not meet the requirements set forth in this Subsection shall be illegal.
(3) Permissible audible ground and audible aerial devices shall include the following fireworks:
(a) "Firecracker": An audible ground device wrapped in paper or contained within a cardboard tube which has an explosive composition of not more than fifty milligrams.
(b) "Multiple tube fireworks": Any audible aerial devices containing more than one cardboard tube, which shall not contain more than two hundred grams of total pyrotechnic composition, unless the tubes are securely attached to a wood or plastic base or other suitable base and the tubes are separate from each other on the base by a distance of at least half an inch (12.7 millimeters). The maximum total weight for any multiple tube device shall not exceed five hundred grams of pyrotechnic composition.
(4) Any component of any device enumerated as permissible fireworks in this Subsection that is designed to produce an audible effect other than a whistle shall not contain pyrotechnic composition in excess of two grains in weight, excluding propelling or expelling charges and no charge shall exceed one hundred thirty milligrams of explosive composition per report.
B. Any person who violates the provisions of this Section for the first time shall be fined two hundred fifty dollars by the fire marshal. For a second violation, the fire marshal shall fine the violator five hundred dollars. For a third violation within a thirty-six-month period, the fire marshal shall impose a penalty of no less than one thousand dollars and shall suspend or revoke the permit of the violator. Any permit suspended or revoked for a third violation shall not be renewed or reissued for a period of twenty-four months, and any person whose name appears on a permit which has been suspended or revoked shall not be allowed to apply for a new permit for a period of twenty- four months. Any person sanctioned for violating the provisions of this Section shall be entitled to reasonable notice and a hearing in accordance with the Administrative Procedure Act.
C. The provisions of this Section shall not apply to fireworks possessed, stored, or warehoused within the state of Louisiana for distribution and sale outside of the state of Louisiana.
Acts 1958, No. 63, §1. Amended by Acts 1960, No. 424, §1; Acts 1981, No. 928, §1; Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 2001, No. 667, §1, eff. June 25, 2001.
A. The provisions of R.S. 51:651 shall not be construed to authorize the possession, sale, use, or shipment into the state of the types of fireworks which are specifically prohibited by this Section.
B. It is unlawful for any person in the state of Louisiana to possess, sell, or use for any purpose whatsoever any of the following items of commercial fireworks: cherry bombs, tubular salutes, two-inch American-made salutes, firecrackers with casings the external dimensions of which exceed one and one-half inches in length or one-quarter of an inch in diameter, repeating bombs, aerial bombs, torpedoes which exceed three-eighths of an inch in diameter, Roman candles larger than ten ball, and sky rockets larger than six ounces. It is also unlawful for any person to ship into the state of Louisiana any of the above mentioned items for any purpose whatsoever.
C. The items of commercial fireworks enumerated in this Section shall not be considered as public display fireworks within the meaning of R.S. 51:655.
D. It is unlawful for a person in this state to sell, offer for sale, distribute, possess, ignite, or otherwise use aerial luminaries, commonly known as sky lanterns, Hawaii lanterns, Kongming lanterns, Chinese lanterns, sky candles, fire balloons, or flying luminaries.
E. Illegal fireworks or aerial luminaries as provided in this Part shall be subject to seizure by the state fire marshal, his deputies, or any authorized law enforcement officer as contraband and further subject to forfeiture as provided in R.S. 15:41.
F. Whoever violates this Section shall, upon conviction, be fined not more than one thousand dollars or imprisoned, with or without hard labor, for not more than two years, or both. Each violation of this Section constitutes a separate offense.
Added by Acts 1962, No. 456, §1. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 2018, No. 211, §1, eff. May 15, 2018.
A. No permissible articles of consumer fireworks enumerated in R.S. 51:651 shall be sold, offered for sale, or used in the state of Louisiana, unless such fireworks are properly named to conform to the nomenclature of R.S. 51:651 and certified on all shipping cases and by imprinting on the article or retail container "United States Department of Transportation UN0336, 1.4G, 1.4S, or consumer fireworks". Such imprint shall be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public.
B. Permissible items of fireworks, enumerated in R.S. 51:651, may be sold at retail only from noon June sixteenth through midnight July fifth and noon December fifteenth through midnight January first of each calendar year.
C. Fireworks shall not be sold or stored for future sale at any inhabited dwelling, house, apartment, or other structure used in whole or in part as a home or place of abode by any person or persons.
Acts 1958, No. 63, §§2, 3; Amended by Acts 1981, No. 928, §1; Acts 1987, No. 401, §1, eff. Jan. 1, 1988; Acts 2001, No. 667, §1, eff. June 25, 2001; Acts 2015, No. 67, §1; Acts 2018, No. 211, §1, eff. May 15, 2018.
A. The placing, storing, locating or displaying of fireworks in any place where the sun may shine through glass, which is not tinted, onto the fireworks is prohibited. The presence of lighted cigars, cigarettes, or pipes within ten feet of where the fireworks are offered for sale is prohibited. At all places where fireworks are stored or sold there shall be signs posted with the words "Fireworks ...... No Smoking" in letters not less than four inches high.
B. The physical facility such as a fireworks stand, retail fast food outlet, or any other similar facility where fireworks are sold, offered for sale, or stored shall be located not less than fifty feet from any facility or mechanism where inflammable liquids are dispensed or stored above ground or where paint, oil, varnish, resin, turpentine, or other inflammable substances which may generate inflammable vapors are used, stored, or sold. No fireworks shall be exploded within seventy-five feet of any facility or mechanism where inflammable liquids are dispensed or stored above ground or within seventy-five feet of any location where fireworks are stored, sold, or offered for sale.
C. No open flame heating devices shall be permitted in any location where fireworks are sold at retail.
D. No sleeping shall be permitted in a facility where fireworks are sold, offered for sale, or stored.
E. There shall be a minimum of one unobstructed exit in any place where fireworks are sold at retail or offered for sale at retail or stored.
F. In any retail outlet except those that sell only fireworks, no fireworks shall be stored, displayed, or offered for sale within ten feet of any required exit unless the fireworks are stored or contained within a container which will resist fire from any outside source.
G. A facility for the sale at retail or storage of fireworks shall be located not less than twenty-five feet from a public roadway and shall not in any case be located on any public right of way.
H. The wiring in any facility for the sale at retail or storage of fireworks shall be in compliance with the National Electrical Code.
I. Any facility for the sale at retail or storage of fireworks shall have available one serviceable fire extinguisher in accordance with the regulation of the National Fire Protection Association and Louisiana Administrative Code 17-4:21.
Acts 1958, No. 63, §4. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 2001, No. 667, §1, eff. June 25, 2001.
A. No person shall offer to sell or sell fireworks to a child known to be under the age of fifteen years or to any person known to be intoxicated or any person known to be irresponsible.
B. No person shall explode or ignite fireworks within one thousand feet of any church, hospital, asylum, school, public building, or fireworks retail location.
C. No person shall ignite or discharge fireworks in a motor vehicle or throw fireworks from a motor vehicle. Whoever violates this Subsection shall be fined five hundred dollars or imprisoned for not more than six months, or both.
D. No person shall place an ignited article of fireworks in or throw an ignited article of fireworks at a motor vehicle. Whoever violates this Subsection shall be fined five hundred dollars or imprisoned for not more than six months, or both.
E. No minor under the age of seventeen shall be employed in a facility where fireworks are sold at retail without complying with the regulations of Louisiana Works. The minor shall be subject to the restrictions placed on the number of hours of employment permitted minors by Louisiana Works.
Acts 1958, No. 63, §5. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 1992, No. 447, §4; Acts 2001, No. 667, §1, eff. June 25, 2001; Acts 2008, No. 743, §7, eff. July 1, 2008.
A. A person or firm shall not make a public display, as defined by this Part, without obtaining a pyrotechnic operator's license properly issued by the office of state fire marshal. The pyrotechnic operator is responsible for safely storing, setting up, and removing pyrotechnic materials and devices after a display and in accordance with manufacturer standards.
B. A person or firm shall not make a proximate display, as defined by this Part, without obtaining a pyrotechnic special effects operator's license properly issued by the office of state fire marshal.
C.(1) Applicants for a pyrotechnic operator's license or pyrotechnic special effects operator's license shall make application to the office of state fire marshal, take a written examination, and obtain a passing grade of at least seventy percent. Persons holding a valid blaster's license, as described in R.S. 40:1472.1 et seq., on or before September 30, 2003, may forego the written examination by the demonstration through practical tests or documentation deemed necessary by the state fire marshal to determine the applicant's knowledge and ability. The content, type, frequency, and location of the examinations shall be set by the state fire marshal.
(2) Applicants who fail may reapply and take a reexamination.
(3) A licensee whose license has been expired for two years or more and who makes application for a new license shall retake and pass the written examination to receive a renewed license.
(4) A license shall not be issued to any person if any of the following apply:
(a) The applicant is a convicted felon.
(b) The applicant fails to meet the requirements of Paragraph (1) of this Subsection.
(c)(i) The pyrotechnic operator applicant has not assisted in conducting at least five permitted public displays and has not served as lead operator on at least one permitted public display in this state, under the direct supervision of and verified in writing by a pyrotechnic operator licensed in Louisiana.
(ii) The pyrotechnic special effects operator applicant has not assisted in conducting at least five permitted proximate displays and has not served as lead operator on at least one permitted proximate display in this state, under the direct supervision of and verified in writing by a pyrotechnic special effects operator licensed in Louisiana.
(d) The applicant is under the age of twenty-one years.
(5) A conviction or a plea of guilty or nolo contendere does not constitute an automatic disqualification, as otherwise provided in Paragraph (4) of this Subsection, if more than ten years have elapsed between the date of application and the successful completion or service of any sentence, deferred adjudication, or period of probation or parole, or Code of Criminal Procedure Article 893, or equivalent judicial dismissal process granted.
(6) The pocket license document issued along with the regular license document is for identification purposes only and shall be carried by the licensee when engaged in the business.
(7) The license is valid for a period of one year from the date of issue.
(8) The cost of the license is fifty dollars for a new license and twenty-five dollars for renewals.
D. A person or firm shall not make a Class C public display, as defined by this Part, without obtaining a Class C pyrotechnic operator's license properly issued by the office of state fire marshal.
(1) Applicants for a Class C pyrotechnic operator license shall receive training and certification from the office of state fire marshal.
(2) A licensee whose license has been expired for three years or more and who makes application for a new license shall receive training and recertification by the office of state fire marshal.
(3) A license shall not be issued to any person if any of the following apply:
(a) The applicant fails to meet the requirements of Paragraph (1) of this Subsection.
(b) The applicant is under the age of twenty-one years.
(4) The pocket license document issued along with the regular license document is for identification purposes only and shall be carried by the licensee when engaged in the business.
(5) The license is valid for a period of one year from the date of issue.
(6) The cost of the license is twenty-five dollars for a new license and fifteen dollars for renewals.
E.(1) A person or firm shall not make or perform a public display, proximate display, or Class C public display, as defined in this Part, without first obtaining a permit from the office of state fire marshal.
(2) A person or firm desiring a permit for a public display or proximate display may either apply to the office of state fire marshal or to a certified local authority certified under the provisions of R.S. 40:1563, which application shall be received by either the state fire marshal or the certified local authority at least five days prior to the event. The application shall contain all of the following information:
(a) The date, time, and place of the public display or proximate display including the length of time of the display.
(b) All fire prevention plans and provisions that will be in force and all fire prevention personnel and equipment available to ensure the safety of the public attending the display.
(c) A copy of the permit issued by the office of state fire marshal to the distributor who will be supplying or conducting the public display or proximate display to assure the state fire marshal or his certified local authority that the fireworks and the actual presentation and conduct of the public display or proximate display will not endanger the public safety.
(3) A public entity desiring a permit for a Class C public display may apply to the office of state fire marshal, which application shall be received by the state fire marshal at least five days prior to the event. The application shall contain the following information:
(a) The date, time, and place of the Class C public display including the length of time of the display.
(b) All plans and provisions that will be in force to ensure the safety of the public attending the public display.
(c) A copy of the training certification issued by the office of state fire marshal to the person or firm who will be conducting the Class C public display to assure the state fire marshal that the fireworks and the actual presentation and conduct of the Class C public display will not endanger the public safety.
(4) The fee for application for a permit for a public display or proximate display is one hundred dollars and shall be used to offset the cost of processing the permit request and cover the expense of onsite inspections. The fee for the application for a permit for a Class C public display is twenty-five dollars and shall be used to offset the cost of processing the permit request and any necessary onsite inspections.
F. A person or firm supplying fireworks for public display or proximate display shall not ship, sell, possess, or use fireworks designed for public display or proximate display unless the supplier has obtained a distributor's permit as provided in R.S. 51:656. No person or firm holding a permit for a public display or proximate display may obtain fireworks for use in any public display or proximate display from any person or firm that has not obtained a distributor's permit as provided in R.S. 51:656.
G. The state fire marshal may promulgate and adopt rules and regulations in accordance with the Administrative Procedure Act to ensure that the supplier of the fireworks and the holder of a public display, proximate display, or Class C public display permit will adequately protect the public safety.
H.(1) Fireworks that are to be used for public display or proximate display only shall at all times be kept in the possession of those responsible and be stored in an appropriate storage in accordance with the regulations of NFPA 1124 as published by the National Fire Protection Association, or any subsequent amended editions thereof that are adopted by the state fire marshal. Fireworks that are to be used for public display shall be confined to that use only.
(2) Purchase, storage, and transportation of fireworks used for public display or proximate display are governed by R.S. 40:1472.1 et seq. Fireworks that are to be used for public display or proximate display shall, from the time of issuance of a permit by the state fire marshal and upon placement at the site of display, be appropriately stored in accordance with NFPA 1124 as published by the National Fire Protection Association, or any subsequent amended editions thereof that are adopted by the state fire marshal.
Acts 1958, No. 63, §6. Amended by Acts 1981, No. 928, §1. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 2001, No. 667, §1, eff. June 25, 2001; Acts 2003, No. 398, §2; Acts 2018, No. 211, §1, eff. May 15, 2018.
A. It is unlawful to sell, construct, or manufacture any items of fireworks without first obtaining a retail permit properly issued by the state fire marshal.
B.(1) Prior to engaging in the sale of fireworks, an applicant shall submit to the state fire marshal an application on a form provided by the state fire marshal, or electronically through the IMS system, on or before June first of each year setting forth any facts and information as the state fire marshal may determine necessary and proper considering the requirements of public health, safety, and welfare. Prior to obtaining and in order to maintain a permit, the facilities of the permittee shall comply with the applicable provisions of the Life Safety Code and subsequent referenced standards as adopted by the state fire marshal pursuant to the provisions of R.S. 40:1578.6.
(2) The retail permit is effective for purchases of wholesale fireworks, and such permit is effective from the date of issuance through midnight December thirty-first of the applicable year. A retailer's permit shall not be issued pursuant to this Part from June sixteenth through July fifth nor from December fifteenth through January first of each year. All other permits issued pursuant to the provisions of this Section are valid from the date issued through midnight April first of the ensuing permit year. All applications filed after April first will be assessed a late fee equal to the amount of the permit required by this Section.
C.(1) The applicant shall pay a permit fee for each type of business conducted and for each location at which the business is conducted, according to the following schedule:
(a) Manufacturer $ 10,000.00
(b) Assembler $ 1,000.00
(c) Distributor $ 2,000.00
(d) Importer $ 500.00
(e) Jobber $ 250.00
(f) Retailer $ 100.00
(2) Permit fees are due at the time of application to the state fire marshal and shall be used to pay for the cost of processing the application. Permit fees are not refundable if the application is denied.
(3) The retailer's permit fee imposed under Paragraph (1) of this Subsection shall be used to pay the costs of processing the application and inspecting the retail premises by the office of state fire marshal, code enforcement and building safety.
D. The state fire marshal shall assign a permit number to each permit issued. The person to whom the permit is issued shall affix this number to all invoices issued or used by each manufacturer, assembler, distributor, importer, jobber, and retailer.
E. It is unlawful for a jobber or retailer who holds a permit issued pursuant to the provisions of this Part to purchase fireworks from a distributor domiciled outside the state of Louisiana unless that distributor can show proof that he holds a valid permit issued as provided in this Part to perform the functions of a distributor and importer. If the distributor does not hold a valid permit, the jobber or retailer is then liable for the permit and shall immediately purchase a permit from the office of state fire marshal.
Added by Acts 1958, No. 63, §8; Amended by Acts 1960, No. 424, §2. Acts 1983, 1st Ex. Sess., No. 33, §5, eff. Jan. 19, 1983; Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 1987, No. 401, §1, eff. Jan. 1, 1988; Acts 1991, No. 589, §1; Acts 1991, No. 614, §1; Acts 2001, No. 667, §1, eff. June 25, 2001; Acts 2012, No. 10, §1; Acts 2015, No. 67, §1; Acts 2018, No. 211, §1, eff. May 15, 2018.
Nothing in this Part shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical, or athletic events.
Acts 1958, No. 63, §9. Amended by Acts 1962, No. 456, §2.
A.(1) No manufacturer, assembler, distributor, importer, jobber, or retailer shall operate within the state of Louisiana without proper permit.
(2) A person found operating within the state of Louisiana without a proper permit shall immediately cease the sale of fireworks upon the lawful order of the state fire marshal, a certified local authority of the fire marshal, or any local law enforcement official until such time as an application for permit has been made to the state fire marshal as required in R.S. 51:656 and subsequently granted. The application for a retail permit shall be notarized and shall attest that each location on the application is situated in a jurisdiction which allows legal retail fireworks sales, that no open flame heating devices are located at any listed location, that there are no facilities for sleeping and sleeping is not allowed in any listed location, and that no listed location is used for residential purposes or for other than the purpose of making retail sales of fireworks. Violation by transmission of a false statement or false representation of any information required by this Paragraph may be prosecuted pursuant to R.S. 14:125 and shall be the basis for revocation of all permits held by the applicant.
(3) The refusal of any person to cease sales and obtain a permit or the failure of any person to comply with a lawful order of the state fire marshal, a certified local authority of the fire marshal, or any local law enforcement official, may be cause for the seizure of any merchandise and equipment of the person found in violation at any physical location. Those items seized shall be retained until otherwise directed by a court of competent jurisdiction. If the state fire marshal, a certified local authority of the fire marshal, or a local law enforcement official is not otherwise ordered by a court of competent jurisdiction within ninety days of the date of seizure to return the items seized, then the state fire marshal, certified local authority, or local law enforcement official may destroy or dispose of the seized items in such a manner which, in their discretion, they deem suitable in order to protect the public safety.
B. A person who violates any provision of this Part, with the exception of the penalties specifically imposed herein, shall upon conviction be subject to a fine of not more than ten thousand dollars or imprisonment for not more than six months, or both. Each day's violation constitutes a separate offense and may be punished as such at the discretion of the court. Each separate physical location in violation of this Part also constitutes a separate offense and may be punished as such at the discretion of the court.
Acts 1958, No. 63, §10; Amended by Acts 1962, No. 456, §2. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 1987, No. 401, §1, eff. Jan. 1, 1988; Acts 2003, No. 398, §2; Acts 2012, No. 10, §1.
The governing authority of a parish or municipality is authorized to require and issue local licenses to retailers, similar to permits issued by the state fire marshal, and may charge and collect fees not in excess of the fees authorized for collection by the state fire marshal pursuant to this Part. However, any parish or municipality which on January 1, 1984, was charging a fee in excess of the fee authorized by this Section shall be permitted to continue to charge and collect such fee.
Acts 1958, No. 63, §11. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 1985, No. 612, §1, eff. July 16, 1985.
The governing authority of a parish or municipality is hereby authorized to regulate or prohibit the sale, use, and possession of pyrotechnics commonly known as fireworks in conformity with the provisions of this Part.
Added by Acts 1981, No. 98, §3, eff. July 1, 1981. Acts 1984, No. 918, §1, eff. July 20, 1984.
As used in this Part:
(1) "Sell," "sold," "buy" and "purchase" include exchange, barter, gift, and offer to contract to sell or buy.
(2) "Manufacturer" means any person who is engaged, either directly or indirectly, in the manufacture of motor vehicles.
(3) "Wholesale distributor" means any person engaged, directly or indirectly, in the sale or distribution of motor vehicles to agents or dealers.
(4) "Dealer" means any person who is engaged in, or who intends to engage in the business of selling motor vehicles at retail in this state. "Dealer" also includes "retail agent."
(5) "Finance company or finance agency" means any person engaged in the business of financing the sale of motor vehicles, or engaged in the business of purchasing or acquiring promissory notes, either secured by vendor's privilege or chattel mortgage, arising from the sale of motor vehicles in this state.
A. No manufacturer or wholesale distributor of motor vehicles shall sell or contract for the sale of motor vehicles to any motor vehicle dealer on the condition or with the agreement, expressed or implied, that the dealer shall finance the purchase or sale of motor vehicles only through a designated finance company or finance agency. Any such condition or agreement shall be void.
B. When an order for a motor vehicle is placed by a dealer in accordance with the current price bulletin and accepted by the manufacturer or wholesale distributor for the subsequent shipment and delivery to the dealer and the vehicle is for a private retail customer who orders the vehicle prior to the dealer's receipt of an official written price increase notification, the manufacturer or wholesale distributor shall not increase the price of the vehicle. A sales contract signed by the retail customer and binding upon both parties shall constitute conclusive evidence of the order. To be included under the price protection of this Subsection, the vehicle must be delivered to the retail customer who signed the sales contract.
C. When an order for motor vehicles is placed by a dealer in accordance with the current price bulletin for the subsequent shipment and delivery to the dealer and the vehicles are not for a private retail customer pursuant to Subsection B of this Section, the manufacturer shall notify the dealer of any price increases in the ordered vehicles. The manufacturer shall have the right to deliver the vehicles at the price that prevailed when the order was placed and shall give the dealer the right to accept all of the vehicles that were ordered. The dealer shall have the obligation of accepting all vehicles ordered at the price that prevailed when the vehicles were ordered and shall have the option of accepting the vehicles at the increased price or may cancel the order in whole or in part.
Amended by Acts 1981, No. 807, §1; Acts 1983, No. 599, §1.
If any manufacturer or wholesale distributor on authority of any such manufacturer threatens to discontinue to sell, or terminate a contract to sell motor vehicles to the dealer unless the dealer finances the purchase or sale of motor vehicles only through a designated finance company or finance agency, that threat shall be prima facie evidence that the manufacturer or wholesale distributor has sold, or intends to sell motor vehicles, on the condition or with the agreement prohibited in R.S. 51:662.
No manufacturer or wholesale distributor shall pay or give a subsidy to any finance company or finance agency, or discriminate against or in favor of any finance company or finance agency. No finance company or finance agency shall accept any subsidy or the benefit of any discrimination.
The district courts have jurisdiction to grant injunctions restraining violations of this Part upon proceedings brought by the Attorney General, the district attorney or any party in interest. The procedure shall be by petition and citation as in other causes and the court has power to issue such temporary restraining orders as may be just in the premises. Where necessary, the court may subpoena parties residing out of the parish in order to properly dispose of the case. For repeated violations of this Part, the court may enjoin a finance company or finance agency from engaging in the business of financing the purchase or sale of motor vehicles in this state.
Where the violator is a corporation, domestic or foreign, the charter rights, franchises or privileges of such corporation or the privilege of doing business in this state may be revoked in a quo warranto proceeding brought by the Attorney General or the district attorney for the district. In such proceeding, the court shall enter an order or decree that it thinks proper to carry into effect the provisions of this Part and to prevent unfair competition and prohibit monopolies.
In addition to the other penalties provided in this Part, any person who is injured in his business or property by any violation of this Part, may proceed against the one committing the violation to recover the damages sustained and the costs of suit.
Whoever violates this Part shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
The provisions of this Part shall be cumulative of each other and of all other laws in any way affecting the subject matter of this Part now in force in this state.
Except as provided in this Part, no goods, wares, or merchandise manufactured, in whole or in part, out of leather, iron, textiles, lumber, or vegetable fiber, by convicts or prisoners, except convicts or prisoners on parole or probation, in Louisiana or in any state or district of the United States, shall be sold, or offered for sale in this state, by any person or by any state or political subdivision thereof. Nothing in this Part forbids the sale, exchange, or distribution of such goods to any institution supported in whole or in part by funds derived from public taxation and operated under the supervision of the United States, Louisiana, or any other state of the Union, or any political subdivision thereof.
Acts 1999, No. 741, §1.
Whoever knowingly violates this Part shall be fined not more than one thousand dollars, or imprisoned for not more than one year, or both.
It shall be unlawful for the Department of Public Safety and Corrections to sell or offer for sale on the open market of this state any articles, goods, wares, or merchandise produced, manufactured, or mined, wholly or in part, in this or any other state by convicts and prisoners of this state or any other state, except convicts and prisoners on parole or probation.
Acts 1950, No. 350, §1; Acts 1999, No. 741, §1.
The words "open market", as used in R.S. 51:692.1 through 51:692.10, shall mean all sales or exchanges conducted or transacted through the medium of stores, shops, sales agents or agencies, whether retail or wholesale, or in any manner to the consuming public.
Acts 1950, No. 350, §2.
For the purposes of this Part, the provisions of R.S. 51:692.1, relating to the sale on the open market, shall not include the following:
(1) The sale or exchange of any articles, goods, wares, and merchandise produced, manufactured, or mined by the Department of Public Safety and Corrections with and from labor of inmates thereof, to or with any department, institution, agency, or political subdivision of the state and any penal, charitable, reformatory, or custodial institutions, the major portion of whose maintenance is contributed by this state or any of the political subdivisions thereof for the use or consumption of said institution, or for the use or consumption of the population therein contained.
(2) The sale of any articles, goods, wares, and merchandise produced, manufactured, or mined by the Department of Public Safety and Corrections with and from labor of inmates thereof to a private, nonprofit, tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code.
(3) The sale of goods or products manufactured in a certified Private Sector/Prison Industry Enhancement Program as provided for in 18 U.S.C. 1761.
Acts 1950, No. 350, §3; Acts 1999, No. 741, §1.
§§692.4 to 692.10 Repealed by Acts 1983, 1st Ex. Sess., No. 59, §3, eff. Feb. 7, 1983.
This Part X of Chapter 2 of Title 51 of the Louisiana Revised Statutes of 1950 shall be known and may be cited as the "Louisiana Securities Law".
Acts 1985, No. 722, §1.
As used in this Part, the term:
(1) "Affiliate" or "person affiliated with" means, when used with reference to a specified person, a person who directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with the person specified. Any beneficial owner of twenty percent or more of the combined voting power of all classes of voting securities of a person or any executive officer, director, trustee, or general partner of a person is an affiliate of such person unless the shareholder, executive officer, director, trustee, or general partner shall prove that he in fact does not control, is not controlled by, and is not under common control with such person.
(2) "Beneficial owner" means, with regard to any securities, any person who owns such securities or who enjoys benefits substantially equivalent to ownership. A person's beneficial ownership of securities shall be deemed to include, but shall not be limited to, any securities owned by:
(a) His spouse.
(b) His minor children.
(c) Any revocable trust of which he is a settlor.
(d) Any trust of which he, his spouse, and his minor children have an aggregate vested beneficial interest of twenty percent or more in the income or the corpus.
(e) Any partnership in which he is a general partner.
(f) Any corporation of which he is the beneficial owner of twenty percent or more of the outstanding voting securities or of which he is an executive officer if the corporation has no substantial business other than investment in securities.
(g) Any ancestor, sibling, or lineal descendant of his who resides in his home.
(3) "Commissioner" means the commissioner of financial institutions who is also the commissioner of securities.
(4) "Control", including "controlling", "controlled by", and "under common control with", means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
(5)(a) "Dealer" means every person, other than a salesman registered under this Part, who engages, either for all or part of his time, directly or indirectly, as agent, broker, or principal in the business of offering, buying, selling, or otherwise dealing or trading in securities issued by another person but does not include:
(i) A bank chartered and issued a certificate of authority by the state of Louisiana and under the supervision of the commissioner of financial institutions, a national bank chartered by the government of the United States and under the supervision of the Comptroller of the Currency of the United States, a bank holding company organized under the laws of the state of Louisiana and under the supervision of the Board of Governors of the Federal Reserve, or the employees of such banks or bank holding companies acting in their official capacity.
(ii) Any person insofar as such person buys or sells securities for his own account, either individually or in some fiduciary capacity, other than as a part of a regular business.
(iii) Any general partner, managing member, or executive officer of any general partner or managing member, of an issuer or executive officer of an issuer offering or selling securities of such issuer unless he is paid a commission directly related to the sale of such securities.
(b) The commissioner may, by rule or regulation, for purposes not inconsistent with the protection of investors, limit, condition, or expand the group of persons associated with an "issuer" for purposes of the provisions of this Paragraph.
(6) "Executive officer" means the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated.
(6.1) "Federal covered adviser" means a person who is registered under Section 203 of the Investment Advisers Act of 1940.
(6.2) "Federal covered security" means any security that is a covered security under Section 18(b) of the Securities Act of 1933 or rules promulgated thereunder.
(7) "Investment adviser" means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. "Investment adviser" does not include:
(a) A bank, savings institution, or trust company.
(b) A lawyer, accountant, engineer, or teacher whose performance of these services is solely incidental to the practice of his or her profession.
(c) A broker whose performance of these services is solely incidental to the conduct of his or her business as a broker and who receives no special compensation for them.
(d) A publisher of any bona fide newspaper, news magazine, or business or financial publication of general, regular, and paid circulation.
(e) A person whose advice, analyses, or reports relate only to securities exempted by R.S. 51:708(1).
(f) A person whose only clients in this state are other investment advisers, dealers, banks, savings institutions, trust companies, insurance companies, investment companies, pension or profit sharing trusts, or other financial institutions or institutional buyers, whether acting for themselves or as trustees, or who, during any period of twelve consecutive months, has had fewer than fifteen clients in this state and who does not hold himself or herself out generally to the public as an investment adviser.
(g) Such other persons not within the intent of this Paragraph as the commissioner may by rule or order designate.
(7.1) "Investment adviser representative" means any partner, officer, director, or a person occupying a similar status or performing similar functions, or other individual, except clerical or ministerial personnel, who is employed by or associated with an investment adviser that is registered or required to be registered under this Part, and who does any of the following:
(a) Makes any recommendations or otherwise renders advice regarding securities.
(b) Manages accounts or portfolios of clients.
(c) Determines which recommendation or advice regarding securities should be given.
(d) Solicits, offers or negotiates for the sale or sells investment advisory services.
(e) Supervises employees who perform any of the foregoing.
(8) "Issuer" means every person who issues or proposes to issue any security, except that with respect to certificates of deposit, voting-trust certificates, or collateral-trust certificates or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors or persons performing similar functions or in an unincorporated investment trust of the fixed, restricted management, or unit type, the term "issuer" means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which such securities are issued, except that:
(a) In the case of an unincorporated association which provides by its articles for limited liability of any or all of its members or in the case of a trust, committee, or other legal entity, the trustees or members thereof shall not be individually liable as issuers of any security issued by the association, trust, committee, or other legal entity.
(b) With respect to equipment-trust certificates or like securities, the term "issuer" means the person by whom the equipment or property is or is to be used.
(c) With respect to fractional undivided interests in oil, gas, or other mineral rights, the term "issuer" means the owner of any such right or of any interest in such right, whether whole or fractional, who creates fractional interests therein for the purpose of public offering.
(9) "Majority owned subsidiary" means a subsidiary more than fifty percent of whose outstanding securities representing the right, other than as affected by events of default, to vote for the election of directors is owned by the subsidiary's parent, by one or more of the parent's other majority owned subsidiaries, or by the subsidiary's parent and one or more of the parent's other majority-owned subsidiaries.
(10) "Parent", when used with reference to a specified person, means an affiliate controlling such person directly, or indirectly through one or more intermediaries.
(11) "Person" means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interest of the beneficiaries is evidenced by a security, or any unincorporated organization.
(12) "Prospectus" means any notice, circular, advertisement, sales literature, letter, offering circular, offering sheet, or communication, written or by radio or television, which offers any security for sale or which is used in connection with any such offer or which confirms the sale of any security, except that:
(a) A confirmation of the sale of a security which is sent or given after the effective date of the registration statement shall not be deemed a prospectus if it is proved that prior to or at the same time with such confirmation a written prospectus, meeting the requirements of R.S. 51:705(B)(3), (E)(3), or (F)(4) as appropriate to form of registration under this Part, at the time of such confirmation, was sent or given to the person to whom the confirmation was sent or given.
(b) A notice, circular, advertisement, sales literature, letter, or communication in respect of a security, shall not be deemed to be a prospectus if it states from whom a written prospectus meeting the requirements of R.S. 51:705(B)(3), (E)(3), or (F)(4) may be obtained and, in addition, does no more than identify the security, state the price thereof, state by whom orders will be executed, and such other information as the commissioner, by rules or regulations, deems necessary or appropriate in the public interest and for the protection of investors, and subject to such terms and conditions as may be prescribed therein, may permit.
(13) "Sale" or "sell" means and shall include every contract of sale or disposition of a security or interest in a security for value. The term "offer to sell", "offer for sale", or "offer" shall include every attempt or offer to dispose of or solicitation of an offer to buy a security or interest in a security for value. The terms defined in this Paragraph shall not include preliminary negotiations or agreements between an issuer or any person on whose behalf an offering is to be made and any underwriter or among underwriters who are or are to be in privity of contract with an issuer or any person on whose behalf an offering is to be made. Any security given or delivered with or as a bonus on account of any purchase of securities or any other thing shall be conclusively presumed to constitute a part of the subject of such purchase and to have been offered and sold for value. The issue or transfer of a right or privilege, when originally issued or transferred with a security, giving the holder of such security the right to convert such security into another security of the same issuer or of another person, or giving a right to subscribe to another security of the same issuer or of another person, which right cannot be exercised until some future date, shall not be deemed to be an offer or sale of such other security, but the issue or transfer of such other security upon the exercise of such right of conversion or subscription shall be deemed a sale of such other security.
(14) "Salesman" means an individual, other than a dealer registered under this Part, employed, appointed, or authorized by a dealer or by an issuer, to sell securities in this state, but does not include any person specified in R.S. 51:702(5)(a)(i) or (a)(iii).
(15)(a) "Security" means any note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in any profit-sharing agreement; collateral-trust certificate; preorganization certificate or subscription; transferable share; investment contract; voting-trust certificate; certificate of deposit for a security; fractional undivided interest in oil, gas, or other mineral rights; any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities (including any interest therein or based on the value thereof); or, in general, any interest or instrument commonly known as a "security"; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing.
(b) "Security" shall not mean:
(i) Any insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period nor any variable annuity contract as provided for and regulated under Title 22 of the Louisiana Revised Statutes of 1950 and issued by a life insurance company licensed to do business in the state of Louisiana.
(ii) Currency, or any note, draft, bill of exchange, loan participation or banker's acceptance, or any other evidence of indebtedness issued by a bank other than the shares of such institutions as defined in R.S. 6:251 et seq. for state banks and the preferred and common stock of national banks as defined in 12 U.S.C. 51(a) and 51(c).
(iii) Any right, interest, or instrument or class or type of right, interest, or instrument which the commissioner, by rule or regulation adopted pursuant to R.S. 51:710(D) of this Part, excludes from the definition set forth in this Paragraph.
(16) "Securities of the same class" means:
(a) All common stock of an issuer, regardless of varying series or designations, and all securities convertible into common stock or conferring the right to acquire common stock.
(b) All preferred stock of an issuer, regardless of varying preferences, series, or designations, and all securities convertible into preferred stock or conferring the right to acquire preferred stock.
(17) "Significant subsidiary" means a subsidiary meeting any one of the following conditions:
(a) The assets of the subsidiary or the investments in and advances to the subsidiary by its parent and the parent's other subsidiaries, if any, exceed ten percent of the assets of the parent and its subsidiaries on a consolidated basis.
(b) The sales and operating revenues of the subsidiary exceed ten percent of the sales and operating revenues of its parent and the parent's subsidiaries on a consolidated basis.
(c) The subsidiary is the parent of one or more subsidiaries and, together with such subsidiaries, would, if considered in the aggregate, constitute a significant subsidiary.
(18) "State" means any state (or a designated state), territory, or possession of the United States, the District of Columbia, Puerto Rico and the Virgin Islands.
(19) "Subsidiary", when used with reference to a specified person, means an affiliate controlled by such person, directly or indirectly, through one or more intermediaries.
(20) "Underwriter" means any person who has purchased from an issuer or an affiliate of an issuer with a view to the distribution or offers or sells for an issuer or an affiliate of an issuer in connection with the distribution of any security or participates or has a direct or indirect participation in any such undertaking or participates or has a participation in the direct or indirect underwriting of any such undertaking, provided that:
(a) A person shall be presumed not to be an underwriter with respect to any securities which he has owned beneficially for at least one year.
(b) Such term shall not include a person whose interest is limited to a commission from an underwriter or dealer not in excess of the usual and customary distributors' or sellers' commission.
(c) In the case of securities acquired on the conversion of another security without payment of additional consideration, the length of time such securities have been beneficially owned by a person shall include the period during which the convertible security was beneficially owned and the period during which the security acquired on conversion has been beneficially owned.
Acts 1985, No. 722, §1; Acts 1988, No. 199, §1; Acts 1989, No. 30, §1, eff. June 15, 1989; Acts 2006, No. 541, §1, eff. June 22, 2006; Acts 2008, No. 274, §1.
A. Generally. (1) No dealer or salesman shall offer for sale or sell any securities within or from this state, except in transactions exempt under R.S. 51:709(1), (2), (6), (7), (8), (9), (11), (12), (13), or (17) unless he is a registered dealer or salesman pursuant to this Section.
(2) It shall be unlawful for any person to transact business in this state as an investment adviser or investment adviser representative unless one of the following applies:
(a) Such person is registered in the office of the commissioner pursuant to the provisions of this Section.
(b) Such person is registered as a dealer pursuant to the provisions of this Section.
(c) The only clients of such person in this state are investment companies as defined in the Investment Company Act of 1940 (15 U.S.C. 80a-1 through 80a-52; F.C.A., Title 15, 80a-1 through 80a-52) or insurance companies.
B. Dealers. (1) Application for registration as a dealer may be made by any person. Such application for registration shall be made in writing in a form prescribed by the commissioner, shall be executed by the applicant, shall be duly verified under oath, shall be filed in the office of the commissioner, and shall contain the following information:
(a) The name of the applicant.
(b) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state.
(c) The form of business organization and the date of organization of the applicant.
(d) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; a statement of the limitations, if any, of the liability of any general partner, limited partner, director, affiliate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, affiliate, or executive officer during the preceding ten years.
(e) A brief description of the general character of the business conducted or proposed to be conducted by the applicant.
(f) A list of any other states in which the applicant is registered as a securities broker, dealer, or salesman and, if registration of the applicant as a securities broker, dealer or salesman has ever been denied, revoked, suspended or withdrawn or if such a proceeding is pending in any state, full details with respect thereto.
(g) Whether the applicant is registered as a broker or dealer under the Securities Exchange Act of 1934 or any act adopted in amendment thereof and whether any such registration of the applicant has ever been denied, revoked, or suspended or is then the subject of proceedings for revocation or suspension by the Securities and Exchange Commission.
(h) The names of all organizations of securities brokers or dealers of which the applicant is a member or before which any application for membership on the part of the applicant is then pending and whether any membership of the applicant in any such organization has ever been denied, revoked, or suspended or is then the subject of proceedings for revocation or suspension.
(i) The names of any securities exchanges of which the applicant or any of its partners, limited partners, directors, affiliates, or executive officers is a member and whether any such membership has ever been denied, revoked, or suspended or is then the subject of proceedings for revocation or suspension.
(j) A balance sheet as of a date within ninety days prior to the date of filing. This balance sheet need not be certified. If the balance sheet is not certified, there shall be filed in addition a certified balance sheet as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within ninety days prior to the date of filing, in which case the balance sheet may be dated as of the end of the fiscal year preceding such last fiscal year. Such balance sheets shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(k) Whether the applicant or any general partner, limited partner, director, affiliate, or executive officer of such applicant has ever been subject to any injunction or disciplinary proceeding of the Securities and Exchange Commission or any state securities commission involving a security or any aspect of the securities business, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge.
(2) The commissioner may waive the furnishing of any information required by Paragraph (1) of this Subsection, other than the requirements with respect to financial statements provided for in Subparagraph (1)(j) of this Subsection, and may, at any time within thirty days after the commissioner's receipt of the application, require such additional information as to the previous history, records, or association of the applicant, its general partners, limited partners, directors, affiliates, or executive officers as he may reasonably deem necessary to establish whether or not the applicant should be registered as a dealer under the provisions of this Part.
(3) No applicant shall be registered as a dealer under this Part, nor shall any such registration be renewed, unless each principal of such applicant has passed a written examination administered by the commissioner or someone acting under his direction, or unless such applicant presents proof satisfactory to the commissioner showing that each principal has passed a similar examination conducted by the Financial Industry Regulatory Authority, or any other examination substantially similar to that given by the commissioner, as the commissioner may determine. The commissioner is further authorized to prescribe the time, manner, or procedure relative to the holding of such examination, and may impose a fee against each principal taking said examination to cover the costs thereof. For the purposes of this Subsection only, with respect to a dealer or an applicant for registration as a dealer, the term "principal" refers to a person associated with such dealer or applicant who is engaged in the management of such dealer's or applicant's business, including the supervision, solicitation, or conduct of such business or the training of persons associated with such dealer or applicant for any of these functions.
(4) There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the commissioner in actions against such applicant in the manner and form provided in R.S. 51:718 and payment of the prescribed registration fee.
(5) When an applicant has fully complied with the provisions of this Subsection and Subsections G and H of this Section, the commissioner shall, within thirty days after his receipt of the applicant's application or, if the commissioner shall have required additional information of the applicant before the expiration of such thirty day period, within thirty days after the applicant shall have furnished such additional information, register such applicant as a dealer unless he shall find that the applicant is not of good business reputation or does not appear qualified by training or experience to act as a dealer in securities. When the commissioner has registered an applicant as a dealer, he shall immediately notify the applicant of such registration. If the commissioner shall not have registered an applicant as a dealer within the period of time specified above in this Paragraph, he shall promptly send the applicant notice, as provided in R.S. 51:716, of opportunity for a hearing on the question of whether the commissioner should enter an order refusing to register the applicant.
C. Salesmen. (1) Application for registration as a salesman may be made by any individual. Such application for registration shall be made in writing in a form prescribed by the commissioner, shall be executed by the applicant and by the dealer or issuer employing or proposing to employ such applicant, shall be duly verified under oath, shall be filed in the office of the commissioner, and shall contain the following information:
(a) Name and residence and business address of the applicant.
(b) Name of the dealer or issuer employing or proposing to employ the applicant.
(c) Names and addresses of three persons of whom the commissioner may inquire as to the character and business reputation of the applicant.
(d) Applicant's age and education.
(e) The nature of employment and names and addresses of employers of the applicant for the period of ten years immediately preceding the date of application.
(f) Other state or federal laws under which the applicant has ever been registered as a securities broker, dealer, or salesman and, if any such registration has ever been refused, canceled, suspended, or revoked or if such a proceeding is pending, full details with respect thereto.
(g) Whether the applicant has ever been subject to any injunction or disciplinary proceeding of the Securities and Exchange Commission or any state securities commission involving a security or any aspect of the securities business, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business, or has ever been convicted of or charged with a felony, and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge.
(2) The commissioner may waive the furnishing of any information required by this Subsection and may require such additional information as to applicant's previous business experience as he may deem necessary to determine whether or not the applicant should be registered as a salesman under the provisions of this Part. There shall be filed with such application payment of the prescribed registration fee.
(3) When an applicant has fully complied with the provisions of this Subsection and Subsection G of this Section, the commissioner shall register such applicant as a salesman, unless he finds that such applicant is not of good business reputation or does not appear to be qualified by training, experience, or knowledge of the securities business to act as a salesman of securities. When the commissioner has registered an applicant as a salesman, he shall immediately notify the applicant of such registration.
(4) No dealer or issuer shall employ any salesman who is not registered as required by this Part, and each such person shall promptly notify the commissioner of the termination of the employment by him of a salesman. The registration of such salesman shall automatically be terminated from the time of termination of such employment. Any license, certificate, or other evidence of such registration which such salesman has been issued shall immediately be returned to the commissioner.
(5) No applicant shall be registered as a salesman under this Part, nor any such registration be renewed, unless such person has passed a written examination administered by the commissioner or someone acting under his direction or unless such applicant presents proof satisfactory to the commissioner showing that he has previously passed a similar examination conducted by the Financial Industry Regulatory Authority, or any other examination substantially similar to that given by the commissioner, as the commissioner may determine. The commissioner is further authorized to prescribe the time, manner, and procedure relative to the holding of such examination and may impose a fee against the applicant taking said examination to cover the costs thereof.
(6) There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the commissioner in actions against the applicant in the manner and form provided in R.S. 51:718.
D.(1) Investment Advisers and Investment Adviser Representatives. The procedure relative to the registration of a dealer, as provided in Subsection B of this Section, shall likewise apply to the registration of an investment adviser, except that no applicant for registration as an investment adviser, and no principal or investment adviser representative of any such applicant shall be required to post any surety bond required by Subsection H of this Section, and except that no financial statement required to be submitted in connection with the application need be certified by an independent public accountant.
(2) Notice Filing for Federal Covered Advisers. It shall be unlawful for any federal covered adviser to conduct advisory business in this state unless, prior to acting as a federal covered adviser in this state, such person files such documents as have been filed with the United States Securities and Exchange Commission with the commissioner.
(3) The procedure relative to the registration of a salesman, as provided for in Subsection C of this Section, shall also apply to the registration of an investment adviser representative.
(4)(a) No applicant shall be registered as an investment adviser representative under this Part, nor shall any such registration be renewed, unless such investment adviser representative has passed a written examination, the form, content, and conduct of which the commissioner may prescribe by rule. The examination requirement provided for in this Subparagraph shall not apply to an individual holding one or more certifications that the commissioner may designate by rule.
(b) The commissioner may by rule provide that the investment adviser representatives of any investment adviser registered under this Part on the effective date of the rule shall not be required to satisfy the examination or certification requirements for a period of up to two years.
(c) Beginning August 31, 2016, and thereafter, investment adviser representatives registered or required to be registered under this Part and who are employed by a federal covered adviser shall be required to satisfy the examination requirement or certification requirement as provided for in Subparagraph (a) of this Paragraph. The commissioner may adopt rules to implement the provisions of this Subparagraph.
(d) The examination requirement or certification requirement as provided for in Subparagraph (a) of this Paragraph shall not apply to a person who meets both of the following requirements:
(i) Was registered as an investment adviser representative or salesman with any state securities administrator on or before August 31, 2016.
(ii) Has been registered as an investment adviser representative or salesman for more than ten years.
(5)(a) Pursuant to the provisions of R.S. 6:121.2, the commissioner has the authority to request and obtain criminal history record information from the Federal Bureau of Investigation, Louisiana Bureau of Criminal Identification and Information, and any other governmental agency or entity.
(b) As directed by the commissioner, each applicant for registration as an investment adviser representative shall submit fingerprints for a criminal background check.
(c) The costs of fingerprint processing shall be borne by the person subject to the criminal background check.
(d) The provisions of this Paragraph shall not apply to either of the following:
(i) A person who has submitted an application for registration in Louisiana with a Financial Industry Regulatory Authority (FINRA) member firm, provided fingerprints were submitted and processed by FINRA on behalf of the member firm with which such associated person is pending registration, pursuant to the provisions of the United States Securities and Exchange Commission rule 17 CFR 240.17f-2, as amended.
(ii) A person who is registered with the commissioner as an investment adviser representative on January 1, 2019, unless such person subsequently applies for registration with a different investment adviser.
E. Refusal of registration. (1) If, after affording an applicant a hearing or an opportunity for a hearing as provided in R.S. 51:716, the commissioner finds that there are sufficient grounds to refuse to register such applicant as provided in this Section, he shall issue an order refusing to register such applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his business address and, if the application is for registration as a salesman, to the dealer or issuer who proposed to employ such applicant.
(2) If the commissioner shall find that an applicant has committed any act or made any omission which would constitute a sufficient ground for revocation of a dealer's, salesman's, or investment adviser's registration under R.S. 51:704, such act or omission may constitute a sufficient ground for a finding by the commissioner, under Subsection B, C, or D of this Section, that such applicant is not of "good business reputation".
F. Record and renewal of registrations. (1) Every registration under this Section shall expire on December thirty-first in each year. Registration of dealers, salesmen, investment advisers, and investment adviser representatives shall be renewed each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such information had not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee and, in the case of a dealer, by the filing of a balance sheet as of a date within ninety days prior to the date of filing. This balance sheet need not be certified. If the balance sheet is not certified, there shall be filed in addition a certified balance sheet as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within ninety days prior to the date of filing, in which case the balance sheet may be dated as of the end of the preceding fiscal year. Such balance sheets shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(2) Upon any change in the general partners, limited partners, managing partners, directors, affiliates, or executive officers of a dealer or investment adviser, such dealer or investment adviser shall promptly notify the commissioner and shall furnish to him in writing such information concerning such persons which has not previously been filed as required in an original application for registration.
G. Fees. The following fees shall be paid in advance to the commissioner and shall be transmitted immediately by him to the state treasurer for credit to the state general fund; provided that the commissioner of securities shall retain an amount sufficient to properly administer the provisions of this Part and to provide a sufficient number of examiners and other personnel necessary for the purpose and for all other expenses incurred in the operation of the office of financial institutions:
(1) For a registration of each dealer applicant and the issuance of a dealer's license, two hundred fifty dollars for the original license and two hundred fifty dollars for the annual renewal license.
(2) For the registration of each salesman applicant in the issuance of a salesman's license, sixty dollars for the original license and sixty dollars for the annual renewal license.
(3) For the registration of each investment adviser applicant and the issuance of an investment adviser's license, one hundred fifty dollars for the original license and one hundred fifty dollars for the annual renewal license.
H. Bonds. (1) Except as otherwise provided in this Subsection, the commissioner shall by rule require registered dealers to post surety bonds in amounts up to ten thousand dollars. Every bond shall provide for suit thereon by any person who has a cause of action arising under this Part. No suit may be maintained to enforce liability on the bond required hereunder unless filed within two years after the sale or other act upon which suit is based and shall also provide that the liability of the surety on each such bond to all persons aggrieved shall, in no event, exceed in the aggregate the penal sum thereof. Every such bond shall also contain a provision authorizing the surety thereon to cancel it upon thirty days written notice to the registrant and to the commissioner.
(2) The requirement for the filing of such bond by an applicant for registration or renewal of registration as a dealer shall not be applicable if:
(a) Such applicant has filed with the commissioner written proof of membership in the Securities Investor Protection Corporation and a written undertaking to comply continuously with all applicable provisions of the Securities Investor Protection Act of 1970, U.S.C.A. 78aaa et seq.; or
(b) As of the dates of the most recent balance sheet certified by an independent public accountant filed by such applicant pursuant to this Section and any subsequent noncertified balance sheet so filed, such applicant had a minimum capital of not less than two hundred fifty thousand dollars. For purposes of this Subparagraph, minimum capital shall mean net worth as determined in accordance with generally accepted accounting principles, unless for the purposes of this Subparagraph, the commissioner shall adopt rules and regulations for determining the minimum capital of a dealer, in which case minimum capital shall be determined in accordance with such rules or regulations. The aforesaid balance sheets filed by such applicant shall be used to determine such applicant's minimum capital unless the commissioner shall have adopted the rules or regulations authorized in the preceding sentence, in which case the applicant's minimum capital shall be determined from schedules prepared in accordance with such rules and regulations. The schedule prepared as of the date of the certified balance sheet referred to above shall be certified as having been prepared in accordance with the rules or regulations adopted by the commissioner, as provided in this Subparagraph, by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence.
I. Records. Every dealer, salesman, or investment adviser registered under this Part shall make and keep such accounts and other records with respect to sales of securities in this state, whether or not pursuant to exemptions contained in R.S. 51:708 or 709, as the commissioner may by rule or regulation require. All records so required shall be preserved for five years unless the commissioner shall provide otherwise. All records of such dealers, salesmen, or investment advisers are subject to such reasonable periodic, special, or other examinations by representatives of the commissioner, within or without this state, as the commissioner deems necessary or appropriate in the public interest or for the protection of investors.
J. Successors to dealers. In the event that a dealer succeeds to and continues the business of another registered dealer, the registration of the predecessor shall be deemed to remain effective as the registration of the successor for a period of seventy-five days after such succession, provided that an application for registration is filed within thirty days after succession on a form prescribed by the commissioner.
K. Disclosures. A dealer or any affiliate may release account information of a decedent to any representative or attorney for the estate of the decedent when the dealer or affiliate receives written notice of the customer's death and satisfactory evidence of that person's authority to represent the estate of the decedent. Satisfactory evidence may include an affidavit executed by the person attesting to such relationship with the estate.
Acts 1985, No. 722, §1; Acts 1989, No. 30, §1, eff. June 15, 1989; Acts 1992, No. 233, §1, eff. June 10, 1992; Acts 2001, No. 8, §17, eff. July 1, 2001; Acts 2006, No. 543, §1, eff. June 22, 2006; Acts 2006, No. 544, §1, eff. June 22, 2006; Acts 2008, No. 274, §1; Acts 2010, No. 7, §4, eff. May 19, 2010; Acts 2014, No. 298, §1, eff. May 28, 2014; Acts 2017, No. 47, §1, eff. June 4, 2017; Acts 2017, No. 115, §1; Acts 2018, No. 243, §1, eff. Jan. 1, 2019; Acts 2019, No. 13, §2, eff. May 24, 2019.
A. The registration of any dealer, salesman, investment adviser, or investment adviser representative may be suspended or revoked by the commissioner as provided in Subsection B of this Section if he finds that such registrant and, in the case of a dealer or investment adviser, any general partner, limited partner, director, managing member, affiliate, or executive officer of such dealer or investment adviser:
(1) Has willfully made or caused to be made in any application for registration under this Part, or in any hearing conducted by the commissioner, any statement which was, at the time and in the light of the circumstances under which it was made, false or misleading with respect to any material fact or has willfully omitted to state in any such application any material fact which is required to be stated therein or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.
(2) In the case of a dealer, does not meet the bonding requirements of this Part or is insolvent in the sense that he cannot meet his obligations as they mature.
(3) Has willfully violated or willfully failed to comply with this Part or a predecessor act, or any regulation or order promulgated or issued under this Part or any predecessor law.
(4) Has been convicted of a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business or has ever been convicted of a felony.
(5) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the securities business.
(6) Is subject to any currently effective order of the Securities and Exchange Commission or the securities administrator of any other state denying registration to or revoking or suspending the registration of such person as a dealer, salesman, investment adviser, or investment adviser representative, or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities Exchange Act of 1934, as now or hereafter amended, suspending or expelling such person from membership in such association or exchange.
(7) Conducts business in purchasing or selling securities in secondary market transactions at such variations from current market prices as, in the light of all the circumstances, are unconscionable.
(8) Has failed to file with the commissioner any financial statement required pursuant to R.S. 51:704(C).
(9) Has failed to reasonably supervise any salesman or investment adviser representative for whom he has supervisory responsibility. The commissioner may adopt rules or regulations for such supervision promulgated in accordance with the Administrative Procedure Act.
(10) Has engaged in dishonest or unethical practices in activity regulated under the provisions of this Part. The commissioner shall adopt rules and regulations in accordance with the Administrative Procedure Act to illustrate examples of such practices providing grounds for suspension or revocation of registration. Such examples shall be for illustrative purposes only and shall not be deemed exclusive.
B.(1) Where the commissioner finds that there are grounds for revocation or suspension as provided in Subsection A of this Section, he may issue an order suspending or revoking the registration of any dealer, salesman, investment adviser, or investment adviser representative. Such order shall not be effective until notice and opportunity for hearing are provided in accordance with R.S. 51:716 and until the commissioner shall issue a written order if such dealer, salesman, investment adviser, or investment adviser representative requests a hearing under R.S. 51:716, but the commissioner may, if he finds that the public safety or welfare requires emergency action, order an immediate suspension of the registration of a dealer, salesman, investment adviser, or investment adviser representative. An order of immediate suspension shall expire automatically if the commissioner fails to afford notice and opportunity for hearing pursuant to R.S. 51:716.
(2) Suspension or revocation of the registration of a dealer or investment adviser shall also suspend or revoke the registration of all his salesmen or investment adviser representatives, respectively, but suspension or revocation of the registration of a salesman or investment adviser representative solely because he was employed by a dealer or investment adviser whose registration was suspended or revoked shall not prejudice subsequent application for registration by such salesman or investment adviser representative.
C. The commissioner may at any time require a dealer or investment adviser to file with him a financial statement showing the financial condition of such dealer or investment adviser as of the most recent practicable date, but such financial statement need not be certified.
Acts 1985, No. 722, §1; Acts 2008, No. 274, §1; Acts 2012, No. 36, §1, eff. May 4, 2012.
A. Generally. It shall be unlawful for any person to offer for sale or sell any securities in this state unless any of the following conditions are met:
(1) They are subject to an effective registration statement under this Part.
(2) The security or transaction is exempt under R.S. 51:708 or 709.
(3) The securities are federal covered securities pursuant to R.S. 51:702.
B. Registration by qualification. (1) Any security may be registered by qualification under the terms and conditions provided in this Subsection by filing a registration statement which shall be signed by the issuer, its chief executive officer, its principal financial officer, its comptroller or principal accounting officer, and the majority of its board of directors or persons performing similar functions, or, if there is no board of directors or persons performing similar functions, by the majority of the persons or board having the power of management of the issuer. A registration statement shall be deemed effective only as to the securities specified therein as proposed to be offered.
(2) The registration statement shall contain the information specified in Paragraph (C)(1) of this Section and shall be accompanied by the documents specified in Paragraph (C)(2) of this Section except that the commissioner may by rules or regulations provide that any such information or document, other than the requirements with respect to financial statements provided in Paragraph (C)(1) of this Section, need not be included with respect to any class of insurers or securities if he finds that the requirement of such information or document is inapplicable to such class and that disclosure fully adequate for the protection of investors is otherwise required to be included within the registration statement. If any accountant, attorney, engineer, or appraiser or any person whose profession gives authority to a statement made by him is named in the registration statement as having prepared an opinion referred to in the registration statement or as having certified any part of the registration statement or is named as having prepared or certified a report of valuation for use in connection with the registration statement, the written consent of such person to the references to him in the registration statement shall be filed with the commissioner prior to the effectiveness of the registration statement. Any such registration statement shall contain such other information and be accompanied by such other documents as the commissioner may by rules or regulations require as being necessary or appropriate in the public interest or for the protection of investors. Each registration statement which is filed under this Subsection shall be accompanied by the payment of the filing fee prescribed in R.S. 51:706(A) and, if required under R.S. 51:706(B), a consent to service of process meeting the requirements of R.S. 51:718.
(3) A prospectus which is part of a registration statement effective under this Subsection and which contains the information specified in Paragraph (C)(1) of this Section, except to the extent modified by rules or regulations promulgated by the commissioner as provided in Paragraph (C)(2) of this Section, shall be delivered to any purchaser prior to or simultaneously with the execution by the purchaser of a written agreement to purchase, the delivery of a confirmation of sale, or the payment for securities offered by means of such prospectus, whichever occurs first.
(4) A registration statement under this Subsection becomes effective when the commissioner so orders.
C. Registration statement. (1) Every registration statement filed under Subsection B of this Section shall contain the following information:
(a) With respect to the issuer: its name, street address, form of organization and its telephone number; the state or foreign jurisdiction and date of its organization; the general character and location of its business; a description of its physical properties and equipment; and a statement of the general competitive and regulatory conditions in the industry or business in which it is or will be engaged.
(b) With respect to every director and officer of the issuer, or person occupying a similar status or performing similar functions: his name, address, and principal occupation for the past five years; any criminal convictions or pending criminal proceedings involving the sale of securities of any such person or any disciplinary action taken or pending against any such person by the Securities and Exchange Commission, the Financial Industry Regulatory Authority, the commissioner, or any state securities regulatory authority; the amount of securities of the issuer beneficially owned by him as of a specified date within thirty days of the filing of the registration statement; and a statement, including price information, of all transactions by such person in securities of the issuer beneficially owned by him during the two years preceding such date; the amount of the securities covered by the registration statement to which he has indicated his intention to subscribe; and with respect to each such person and any affiliate of such person or affiliate of a person specified in Subparagraph (e) and (f) of this Paragraph, a description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three years or proposed to be effected.
(c) With respect to any person named as serving or as having agreed to serve as an advisory director of the issuer or in a similar capacity: a description of the exact relationship that will exist between the issuer and such person and the compensation paid or to be paid to such person to serve in such capacity.
(d) The remuneration paid during the past twelve months and estimated to be paid during the next twelve months, directly or indirectly, by the issuer, together with all predecessors, subsidiaries, and affiliates, to each of the three highest paid officers or directors of the issuer and to all those persons covered by Subparagraph (C)(1)(b) of this Section in the aggregate.
(e) With respect to any person owning of record, or beneficially, if known, ten percent or more of the outstanding shares of any class of equity security of the issuer: the information specified in Subparagraph (C)(1)(b) of this Section other than information with respect to his occupation.
(f) With respect to every promoter if the issuer was organized within the past three years: the information specified in Subparagraph (C)(1)(b) of this Section, any amount paid to him within that period or intended to be paid to him, and the consideration for any such payment.
(g) With respect to any person, other than an issuer, on whose behalf any part of the offering is to be made: his name and address, the amount of securities of the issuer beneficially owned by him as of the date of the filing of the registration statement, and a description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three years or proposed to be effected.
(h) The capitalization, including short-term and long-term debt, both as of the latest practicable date within ninety days and as adjusted to give effect to the proposed offering, of the issuer and all subsidiaries whose financial statements are filed with the registration statement on either a consolidated or an individual basis, including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of consideration, whether in the form of cash, physical assets, services, patents, good will, or anything else, for which the issuer or any subsidiary has issued any of its securities within the past two years or is obligated to issue any of its securities.
(i) The kind and amount of securities to be offered; the proposed offering price or the method by which it is to be computed; any variation therefrom at which any portion of the offering is to be made to any person or class of persons other than the underwriters, with a specification of any such person or class; the basis upon which the offering is to be made if otherwise than for cash; the estimated aggregate underwriting and selling discounts or commissions and finders' fees, including separately, cash, securities, contracts, or anything else of value to accrue to the underwriters or finders in connection with the offering, or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts; the estimated aggregate amounts of other selling expenses, including legal, engineering, printing, and accounting charges; the name and address of every underwriter and every recipient of a finder's fee; and a description of the plan of distribution of the securities which are to be offered.
(j) The net estimated cash proceeds to be received by the issuer from the offering after deducting all estimated expenses of the offering; the purposes for which the proceeds are to be used by the issuer; the amount proposed to be used for each purpose; the proposed order of priority in which the proceeds will be used for the purposes stated in the event the offering is not pursuant to an underwriting agreement under which no securities will be sold unless all securities to be offered are sold; the amounts of any funds to be raised from other sources to achieve the purposes stated; and the nature of the sources of any such funds.
(k) In any case where the securities to be offered are to be sold in any manner except an underwriting under which no securities will be sold unless all securities to be offered are sold, and where the issuer of such securities:
(i) Has not had any substantial gross revenues from the sale of products or services or any substantial net income from any source for any fiscal year ended during the past three years; and
(ii) Has not succeeded and does not intend to succeed to any business which has had any substantial gross revenues from the sale of products or services, or any substantial net income from any source, for any fiscal year ended during the past three years, the minimum amount of funds to be derived from the offering after expenses of the offering which the issuer reasonably believes to be necessary to enable the issuer to operate the business it proposes to conduct.
(l) A description of any stock options or other security options outstanding, or to be created in connection with the offering, together with the amount of any such options held or to be held by every person required to be named in Paragraph (C)(1) of this Section and by any person who holds or will hold, after giving effect to the proposed offering, ten percent or more of the securities subject to such options.
(m) The dates of, parties to, and general description concisely stated of every management or other material contract made or to be made otherwise than in the ordinary course of business if it is to be performed in whole or in part at or after the filing of the registration statement.
(n) A description of any pending litigation or proceeding to which the issuer or any significant subsidiary is a party and which could materially adversely affect its business or assets, including any such litigation or proceeding known to be contemplated by governmental authorities.
(o)(i) The following financial statements:
(aa) A balance sheet of the issuer or a consolidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within ninety days prior to the filing of the registration statement and, if such balance sheet is not certified, also a certified balance sheet of the issuer or a certified consolidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date not more than one year prior to the date of filing unless the last fiscal year of the issuer has ended within ninety days prior to the date of filing, in which case such certified balance sheet may be as of the end of the fiscal year preceding such last fiscal year.
(bb) A profit and loss statement, analysis of surplus, and a statement of source and application of funds of the issuer or consolidated statements of the issuer and its subsidiaries, all of which statements shall be certified and prepared in accordance with generally accepted accounting principles for each of the three fiscal years preceding the date of the most recent certified balance sheet filed and for the interim period, if any, between the close of the most recent of such fiscal years and the date of the most recent balance sheet filed and, with respect to the profit and loss statement, for the corresponding period of the preceding year, but statements for such interim and corresponding periods need not be certified, or, if the issuer and its predecessors have been in existence for less than three fiscal years, the profit and loss and other required statements for the periods for which it has been in existence.
(cc) If a substantial part of the proceeds of the offering is to be applied to the purchase of any business, the same financial statements which would be required if that business were the registrant.
(ii) If any financial statements are required to be certified, they shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office; and provided, further, that if the issuer does not report its accounts in the normal course of its business on a consolidated basis, then it may furnish, in lieu of consolidated statements, individual statements for it and its majority owned subsidiaries.
(p)(i) Whether the security is subject to, bound by, or otherwise controlled by a religious law, ethic, custom, or practice and, if so, a declaration that identifies all of the following information:
(aa) Such law, ethic, custom, or practice.
(bb) Any precept or edict of such law, ethic, custom, or practice that would affect the type or nature of activities of the issuer, whether any earnings may not be distributed to the purchaser, whether any earnings may be distributed to third parties, and whether any religious qualification may apply to the selection of directors, officers or managers of the issuer.
(ii) The issuer shall be solely responsible for disclosing and ensuring the accuracy of the information required by this Subparagraph.
(2) Every registration statement filed under Subsection B of this Section shall be accompanied by the following documents:
(a) A copy of the prospectus proposed to be used in complying with the requirements of Paragraph (B)(3) of this Section.
(b) A copy of any notice, circular, advertisement, sales literature, letter, or communication, if any such notice, circular advertisement, sales literature, letter, or communication is to be used in connection with the offering, in respect of a security which, if used, must state from whom a written prospectus meeting the requirements of Paragraph (B)(3) of this Section may be obtained and must conform to such limitations as to content and such other terms and conditions as the commissioner, by rules or regulations, deemed necessary or appropriate in the public interest and for the protection of investors, may prescribe.
(c) A specimen or copy of the certificate, if any, intended to represent the security being registered; a copy of the issuer's articles of incorporation and bylaws or their substantial equivalents, as currently in effect; and a copy of any indenture or other instrument relating to the security to be registered.
(d) A signed opinion of legal counsel as to whether or not the security, when sold, will be legally issued, fully paid, and nonassessable, and, if a debt security, will be a binding obligation of the issuer.
(e) A copy of any underwriting or selling group agreement pursuant to which the distribution is to be made.
(f) A copy of every management or other material contract referred to in Subparagraph (C)(1)(m) of this Section.
(g) A signed copy of any professional opinions or any reports or certifications specifically referred to in the prospectus.
(h) A copy of any literature concerning the issuer or the offering given to any persons directly engaged in the sale of the securities.
(i) A written consent of each person who is, or who is named in the prospectus as about to become, a director of the issuer or of any person occupying a similar status or performing a similar function to the use of his name in the prospectus unless such director or person has signed the registration statement.
D. Registration by notification. (1) Any security whose issuer or any predecessors have been in continuous operation for at least five years may be registered by notification, whether or not it is also eligible for registration by qualification under Subsection B of this Section, if:
(a) There has been no default during the current fiscal year nor within three preceding fiscal years in the payment of principal, interest, or dividends on any security of the issuer, or any predecessor, with a fixed maturity or a fixed interest or dividend provision; and
(b) The issuer and any predecessors during the past three fiscal years have had average net earnings, determined in accordance with generally accepted accounting principles, which are applicable to all securities without a fixed maturity or a fixed interest or dividend provision and which:
(i) Equal at least five percent of the amount of securities without a fixed maturity or a fixed interest or dividend provision outstanding at the date the registration statement is filed, as measured by the maximum offering price or the market price on a day selected by the registrant within thirty days before the date of filing the registration statement, whichever is higher or, if there is neither a readily determinable market price nor an offering price, as measured by book value on a day selected by the registrant and within ninety days of the date of filing the registration statement; or
(ii) If the issuer and any predecessors have not had any securities without a fixed maturity or a fixed interest or dividend provision outstanding for three full fiscal years, equal at least five percent of the amount, as measured by the maximum public offering price, of such securities which will be outstanding if all the securities being offered or proposed to be offered, whether or not they are proposed to be registered or offered in this state, are issued.
(2) A registration statement under this Subsection shall be signed by the issuer, any other person on whose behalf the offering is to be made, a registered dealer participating in the offering, if any, or by any duly authorized agent of any such person and shall contain the following information or documents, in addition to payment of the filing fee, and, if required, a consent to service of process meeting the requirements of R.S. 51:718:
(a) A statement demonstrating eligibility for registration by notification.
(b) The issuer's name, address, and form of organization, the state, or foreign jurisdiction, and the date of its organization, and the general character and location of its business.
(c) With respect to any person on whose behalf any part of the offering is to be made in a nonissuer distribution: his name and address and the amount of securities of the issuer held by him as of the date of the filing of the registration statement.
(d) The information specified in Subparagraph (C)(1)(h) of this Section.
(e) Any prospectus proposed to be used in offering the securities in this state and a copy of any underwriting or selling agreement relating to the offering.
(3) If no stop order is in effect and no proceeding is pending under R.S. 51:716, a registration statement under this Subsection automatically becomes effective at 3:00 p.m. central standard time or central daylight time, whichever is applicable, of the fifth full business day after the filing of the registration statement, or at such earlier time as the commissioner determines.
E. Small issue registration. (1) The sale of securities of an issuer by or on behalf of such issuer or an affiliate of such issuer may be made pursuant to a registration statement filed under this Subsection if:
(a) The aggregate amount of the total offering, within or outside this state, shall not exceed five hundred thousand dollars, or such greater amount of not more than one million five hundred thousand dollars as the commissioner may by rule or regulation permit less the aggregate offering price for all securities sold within twelve months before the start of and during the offering of securities under this Subsection; or
(b) The aggregate number of persons in this state purchasing securities registered under this Subsection from the issuer and all affiliates of the issuer during any twelve month period shall not exceed fifty persons, or such greater number that is not more than one hundred, as the commissioner may by rule or regulation permit; however, any certificate or certificates representing securities issued in a transaction subject to the numerical limitation on the number of investors pursuant to this Subparagraph shall be marked for a period of one year from the date of their issuance or sale to indicate clearly that they were registered pursuant to this Subsection and that they may not be sold or transferred except in a transaction which is exempt under this Part or pursuant to an effective registration statement under this Part or in a transaction which is otherwise in compliance with this Part and shall be executed with a statement to the effect that such securities have been purchased for investment, for his own account. As used in this Subparagraph, the phrase "purchase for investment" shall mean the purchase of any securities with the intent of holding such securities for investment and without the intent of participating directly or indirectly in a distribution of such securities. Any person who holds such securities for a period of one year from the date such securities have been fully paid for by such person shall be presumed to have purchased such securities for investment.
(2) A registration statement under this Subsection shall be signed by the issuer, its chief executive officer, its principal financial officer, its comptroller or principal accounting officer, and a majority of the board of directors or persons performing similar functions, or, if there is no board of directors or persons performing similar functions, by the majority of the persons or board having the power of management of the issuer. If the issuer is not a corporation or partnership registered with the secretary of state, the registration statement shall also include a copy of the issuer's articles of incorporation or partnership or their substantial equivalents, as currently in effect, and a copy of any indenture of similar instrument relating to the security to be registered.
(3) A prospectus, a copy of which shall be contained in the registration statement, shall be delivered to any purchaser of securities registered pursuant to this Subsection prior to or simultaneously with the execution by the purchaser of a written agreement to purchase, the delivery of a confirmation of sale, or the payment for securities offered by means of such prospectus, whichever occurs first. The prospectus under which securities registered pursuant to this Subsection are sold shall contain the following:
(a) With respect to the issuer: its name, street address, form of organization, and its telephone number; the state or foreign jurisdiction and date of its organization; a brief description of the type and location of its business.
(b) The following financial statements which may, but need not, be certified:
(i) A balance sheet of the issuer or a consolidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within ninety days prior to the filing of the registration statement; and
(ii) A profit and loss statement of the issuer or consolidated statements of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles for each of the two fiscal years preceding the date of the balance sheet filed and for the interim period, if any, between the close of the most recent of such fiscal years and the date of the balance sheet filed and for the corresponding period of the preceding year or, if the issuer and its predecessors have been in existence for less than two fiscal years, the profit and loss statement for the periods for which it has been in existence; however, if the issuer does not report its accounts in the normal course of its business on a consolidated basis, then it may furnish, in lieu of consolidated statements, individual statements for it and its majority owned subsidiaries.
(c) The information set forth in Subparagraphs (C)(1)(i) and (j) of this Section.
(d) With respect to every officer and director of the issuer or person occupying a similar status or performing similar functions and with respect to every affiliate of the issuer, a description of: all securities of the issuer and its subsidiaries which are beneficially owned or expected to be beneficially owned, and the amount and type of consideration which was or will be given for such securities, and any material interest in any other material transactions with the issuer or any significant subsidiary of the issuer effected within the past three years or expected to be effected.
(e) Any additional information which is needed to comply with R.S. 51:712(A)(2) and which is not otherwise disclosed to the purchaser.
(4) The commissioner shall be authorized to accept a prospectus prepared by the issuer if the prospectus has been subjected to an examination by the securities regulatory authority of another state or territory of the United States which, in the discretion of the commissioner, is equal to or greater than the examination provided in such cases by the commissioner.
(5) Registration statements filed pursuant to this Subsection will become effective if no stop order is in effect and no proceeding is pending under R.S. 51:716, at 3:00 p.m. central standard time or central daylight time, whichever is applicable, on the tenth full business day after the filing of the registration statement or at such earlier time as the commissioner orders.
(6) Preliminary negotiations and agreements in contemplation of a registration and sale of a security pursuant to this Subsection shall not constitute an "offer to sell," "offer for sale," "offer," or "sale" of a security for the purposes of this Section unless, before a registration statement relating thereto is effective, the seller receives some consideration for such security, a contract for sale of such security is executed, or the security is sold.
(7) In case any of the financial statements contained in the registration statement filed under this Subsection are certified, they shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(8) If any accountant, attorney, engineer, or appraiser or any person whose profession gives authority to a statement made by him is named in the registration statement as having prepared an opinion referred to in the registration statement or as having certified any part of the registration statement or is named as having prepared or certified a report of valuation for use in connection with the registration statement, the written consent of such person to the references to him in the registration statement shall be filed with the commissioner prior to the effectiveness of the registration statement.
(9) With respect to registration statements filed under this Subsection the commissioner shall be authorized to participate in any program designed to promote and achieve compatibility with federal law and uniformity among the states and to promulgate such rules and regulations as may be necessary to achieve such compatibility and uniformity.
(10) The commissioner shall treat as confidential and not subject to public inspection all material filed by or on behalf of the issuer pursuant to this Subsection unless he shall determine that such treatment is not consistent with the public interest, in which case he may make public such of the filed information as he may deem necessary for protection of the public interest.
(11) The commissioner may modify any legend required by this Subsection to conform to standardized legends, but any modification shall ensure that the legend contains substantially the same information required by this Part.
F. Nonprofit issuer registration. (1) Sales of securities issued by any person organized and operated:
(a) Not for private profit; and
(b) No part of the net earnings of which inures to the benefit of any person, private stockholder, or individual made by or on behalf of such issuer may be made pursuant to a registration statement filed pursuant to this Subsection.
(2) A registration statement under this Subsection shall be signed by the issuer, its chief executive officer, its principal financial officer, its comptroller or principal accounting officer, and the majority of its board of directors or persons performing similar functions, or, if there is no board of directors or persons performing similar functions, by the majority of the persons or board having the power of management of the issuer, and shall contain the following documents:
(a) A copy of the prospectus proposed to be used in complying with the requirements of Paragraph (F)(4) of this Section.
(b) A copy of any notice, circular, advertisement, sales literature, letter, or communication, if any such notice, circular, sales literature, letter, or communication is to be used in connection with the offering, in respect of a security which, if used, must state from whom a written prospectus meeting the requirements of Paragraph (F)(4) of this Section may be obtained and must conform to such limitations as to content and such other terms and conditions as the commissioner, by rules or regulations, deemed necessary or appropriate in the public interest and for the protection of investors may prescribe.
(c) A specimen or copy of the securities being registered and a copy of the issuer's articles of incorporation and bylaws or their substantial equivalents, as currently in effect.
(d) If the securities described in the prospectus forming a part of the registration statement are to be secured by any interest in or lien upon any real or personal property, a signed opinion of legal counsel which states that such interest or lien will be as described in such prospectus and that such interest or lien has been filed of record and otherwise perfected under applicable law.
(e) A copy of any underwriting or selling group agreement pursuant to which the distribution is to be made.
(f) A copy of every management or other material contract referred to in the prospectus.
(g) A signed copy of any professional opinion or any reports or certifications specifically referred to in the prospectus.
(h) A copy of any literature concerning the issuer or the offering given to any person directly engaged in the sale of securities.
(i) A written consent of each person who is, or who is named in the prospectus as about to become, a director of the issuer or a person occupying a similar status or performing a similar function to the use of his name in the prospectus unless such director or person has signed the registration statement.
(j) If any accountant, attorney, engineer, or appraiser or any person whose profession gives authority to a statement made by him is named in the registration statement as having prepared an opinion referred to in the registration statement or as having certified any part of the registration statement or is named as having prepared or certified a report of valuation for use in connection with the registration statement, the written consent of such person to the references to him in the registration statement.
(k) A copy of any trust indenture required by Paragraph (F)(3) of this Section.
(3)(a) If the securities to be registered are bonds, notes, debentures, evidences of indebtedness, or any interest in such securities, the provisions for disbursing the proceeds of such securities, for collecting and disbursing funds for the payment of principal of and interest on such securities, and for governing the rights of the trustee and the holders of such securities with respect to any collateral or other security therefor shall be governed by an indenture between the issuer of such securities and a trustee or trustees.
(b) Each such trustee shall be an attorney duly admitted to practice before the highest court of any state who is not regularly employed by the issuer or underwriter of the securities subject to the indenture or a corporation which is organized and doing business under the laws of the United States or any state, which is qualified to do business in Louisiana, which is authorized to exercise corporate trust powers, and which is subject to supervision or examination by an agency or authority of the United States or the state of its incorporation or principal place of business:
(i) Provided that no such attorney or corporation may serve as trustee if such attorney or corporation:
(aa) Serves as trustee under an indenture covering any other securities of the issuer of the securities subject to the indenture.
(bb) Is an affiliate of the issuer or underwriter of the securities subject to the indenture.
(cc) Is a guarantor of or an affiliate of an obligor upon or a guarantor of the securities subject to the indenture.
(dd) Is the beneficial owner of, or holds as collateral security for an obligation which is in default, five percent or more of the voting securities of, or ten percent or more of any other class of security of the issuer of the securities subject to the indenture.
(ee) Is the beneficial owner of, or holds as collateral security for an obligation which is in default, ten percent or more of any class of security of any person who, to the knowledge of such attorney or corporation, owns fifty percent or more of the voting securities of the issuer or any guarantor of the securities subject to the indenture.
(ii) Provided, further, that no such attorney nor any director or executive officer, or persons performing similar functions, of such corporation:
(aa) Is a director, officer, partner, employee, appointee, or representative of the issuer, any guarantor, or any underwriter of the securities subject to the indenture.
(bb) Is a guarantor or underwriter of or an obligor upon the securities subject to the indenture.
(c) Such indenture shall in addition to the provisions specified in Subparagraph (a) of this Paragraph contain:
(i) A provision requiring the trustee to maintain a current list of the names and addresses of the holders of the securities subject to the indenture; and
(ii) A provision that the trustee, in case of any failure to make, when due, any payment into any sinking fund for the repayment of the securities subject to the indenture or any payment of the principal of or interest on the securities subject to the indenture, which failure is not corrected within thirty days of the date such payment was due, shall have the authority to commence a civil action to recover on behalf of the holders of the securities subject to the indenture all payments of principal and interest which are due and have not been paid; to declare the entire outstanding principal balance of an accrued but unpaid interest on such securities to be immediately due and payable and to commence a civil action to recover such principal and interest on behalf of the holders of the securities subject to the indenture; to take possession of and dispose of any collateral security subject to the indenture; and to secure such additional relief as the parties to the indenture shall provide; and a provision that, upon occurrence of any such failure the trustee shall notify, to the extent that it can identify them, the holders of such securities of the occurrence of such failure and of its intentions with respect thereto.
(4) The prospectus required in this Paragraph shall be delivered to any purchaser of securities registered pursuant to this Subsection prior to or simultaneously with the execution by the purchaser of a written agreement to purchase, the delivery of a confirmation of sale, or the payment for securities offered by means of such prospectus, whichever occurs first. The prospectus under which securities registered pursuant to this Subsection are sold shall contain the following:
(a) With respect to the issuer: its name, street address, form of organization, and telephone number; the state or foreign jurisdiction and date of its organization; and a brief description of the type of business or other endeavors it conducts.
(b) The following financial statements:
(i) A balance sheet of the issuer or a consolidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of the date within ninety days prior to the filing of the registration statement.
(ii) A statement of source and application of funds of the issuer or consolidated statements of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles for each of the two fiscal years preceding the date of the balance sheet filed and for the interim period, if any, between the close of the most recent of such fiscal years and the date of the balance sheet filed and for the corresponding period of the preceding year or, if the issuer and its predecessors have been in existence for less than two fiscal years, the statement of source and application of funds for the periods for which it has been in existence; provided, however, if the issuer does not report its accounts in the normal course of its business on a consolidated basis, then it may furnish, in lieu of consolidated statements, individual statements for it and its majority owned subsidiaries.
(c) The information set forth in Subparagraphs (C)(1)(i) and(j) of this Section.
(d) A summary of special risk factors, if any, involved in the purchase of such securities.
(e) With respect to any underwriter of the securities being registered: a description of all fees, commissions, expenses, and other payments and remunerations received or to be received directly or indirectly by such underwriter and its affiliates in connection with the sale of the securities being registered and a description of any affiliation, interest, or arrangement such underwriter may have with any building contractor, supplier, paying agent, or other person who may receive any proceeds from the sale of the securities being registered.
(f) A description of the material terms of the securities to be registered and, if such securities are bonds, notes, debentures, evidences of indebtedness, or any interest in such securities, a description of the material terms of the indenture under which the securities are to be issued.
(g) Any additional information needed to comply with R.S. 51:712(A)(2).
(5) In case any of the financial statements contained in the registration statement filed under this Subsection are certified, they shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(6) Registration statements filed pursuant to this Subsection will become effective if no stop order is in effect and no proceeding is pending under R.S. 51:716 at 3:00 p.m. central standard time or central daylight time, whichever is applicable, on the fifth full business day after the filing of the registration statement or at such earlier time as the commissioner orders.
G. Notice filing for federal covered securities. (1) Prior to the initial offer of a federal covered security under Section 18(b)(2) of the federal Securities Act of 1933, as amended, and for purposes of renewal, the issuer shall make a notice filing with the commissioner, consisting of the following:
(a) A copy of the current registration statement filed by the issuer with the United States Securities and Exchange Commission.
(b) A consent to service of process.
(c) An initial filing fee and an annual renewal fee equal to the fees prescribed in R.S. 51:706(A).
(2) The commissioner, by rule, may require the issuer of any security that is a federal covered security under Section 18(b)(4)(E) of the Securities Act of 1933, as amended, to make a notice filing no later than fifteen days after the first sale in this state of such federal covered security on United States Securities and Exchange Commission Form D, together with a consent to service of process and a filing fee.
(3)(a) With respect to any security that is a federal covered security under Section 18(b)(4)(C) of the Securities Act of 1933, as amended, and for purposes of renewal, the issuer shall make a notice filing with the commissioner consisting of a copy of all documents filed with the Securities and Exchange Commission pursuant to Section 4A(b) of the Securities Act of 1933 when either of the following Items apply:
(i) The issuer's principal place of business, as defined in the rules and regulations of the Securities and Exchange Commission, is in this state.
(ii) Purchases of fifty percent or more of the securities sold by the issuer pursuant to an offering made in reliance on Section 18(b)(4)(C) of the Securities Act of 1933 are to residents of this state.
(b) The issuer shall file with the commissioner the documents described in Subparagraph (a) of this Paragraph at either of the following applicable times:
(i) When the issuer files the documents with the Securities and Exchange Commission, if filing with the commissioner pursuant to Item (a)(i) of this Paragraph.
(ii) Within fifteen days of the date the issuer becomes aware that it meets the criteria described in Item (a)(ii) of this Paragraph, which in no event should be later than fifteen days from the date of completion of the offering.
(c) The documents filed pursuant to the provisions of Subparagraph (b) of this Paragraph are effective for twelve months from the date of the filing, and the issuer shall pay a nonrefundable filing fee of one hundred fifty dollars to the commissioner when an initial or any subsequent notice is filed.
H. Registration of TIER 1 Regulation A securities. (1) Any security that qualifies under Tier 1 of Regulation A adopted pursuant to Section 3(b) of the Federal Securities Act of 1933, as now or hereafter amended, may be registered under the terms and conditions provided in this Subsection by filing all of the following:
(a) A notice of intention to sell executed by the issuer, any other person on whose behalf the offering is to be made, a dealer registered under this Part, or any duly authorized agent of any such person who sets forth the name and address of the applicant, the name and address of the issuer, and the title of the securities to be offered in this state.
(b) A copy of the notification on Form 1-A or any form substituted therefor, and related offering circular or offering sheet, including other exhibits, filed with the Securities and Exchange Commission.
(c) A filing fee of one-tenth of one percent of the aggregate price of the securities to be offered to be sold in this state. In no case shall the fee be less than one hundred dollars nor more than one thousand dollars. In addition there shall be a charge of two hundred fifty dollars to be used to defray the expenses of the commissioner. All fees and charges paid in accordance with this Subparagraph, whether paid at the time of filing or at the time of renewal, shall be transmitted to the state treasurer for credit to the state general fund, except that the two hundred fifty dollar fee required pursuant to this Subparagraph shall be retained by the commissioner to be used for the enforcement of this Part generally.
(d) A consent to service of process in the form prescribed by R.S. 51:718 that has been executed by the person who executed the notice of intention to sell, unless the person has previously filed with the commissioner an irrevocable consent to service of process in the form prescribed by R.S. 51:718.
(2) A registration pursuant to this Subsection becomes effective when ordered by the commissioner.
Acts 1985, No. 722, §1; Acts 1999, No. 250, §1; Acts 2006, No. 544, §1, eff. June 22, 2006; Acts 2008, No. 274, §1; Acts 2010, No. 7, §4, eff. May 19, 2010; Acts 2012, No. 369, §1; Acts 2014, No. 119, §1, eff. May 16, 2014; Acts 2014, No. 224, §1; Acts 2016, No. 141, §1, eff. May 19, 2016; Acts 2018, No. 74, §1, eff. Jan. 1, 2019.
A. Every person registering securities pursuant to R.S. 51:705(B), (D), or (E) shall pay to the commissioner a fee of one-tenth of one percentum of the aggregate price of the securities to be registered and offered to be sold in this state, for which the applicant is seeking registration, but in no case shall the fee be less than one hundred dollars nor more than one thousand dollars, and in addition thereto shall pay a charge of two hundred fifty dollars, to be used to defray the expenses of the commissioner. All fees and charges paid in accordance with this Section, whether paid at the time of filing or at the time of renewal, shall be immediately transmitted to the state treasurer for credit to the state general fund, except that the two hundred fifty dollar fee hereinabove provided shall be retained by the commissioner to be used for the enforcement of this Part generally.
B. Every person who proposes to offer in this state a security required to be registered under R.S. 51:705 who has not previously filed with the commissioner an irrevocable consent to service of process in the form prescribed by R.S. 51:718 shall, as a condition of registration, file with the commissioner such a consent.
C. Every offering circular or prospectus used in connection with an offering of securities registered under R.S. 51:705 shall contain the following legend on the cover page thereof in boldface print or capital type: "THESE SECURITIES HAVE BEEN REGISTERED WITH THE SECURITIES COMMISSIONER OF THE STATE OF LOUISIANA. THE SECURITIES COMMISSIONER, BY ACCEPTING REGISTRATION, DOES NOT IN ANY WAY ENDORSE OR RECOMMEND THE PURCHASE OF ANY OF THESE SECURITIES."
D. In any case where securities are to be registered for sale in this state and where the issuer of such securities has not had any substantial gross revenues from the sale of products or services or any substantial net income from any source for any fiscal year ended during the past three years and has not succeeded and does not intend to succeed to any business which has had any substantial gross revenues from the sale of products or services or any substantial net income from any source for any fiscal year ended during the past three years, the commissioner may by regulation or order require either or both of the following as a condition of registration under this Part:
(1) Except in an offering pursuant to an underwriting agreement under which no securities will be sold unless all securities to be offered are sold, the deposit in escrow of not less than eighty-five percent of the proceeds from the sale of the registered securities until such escrow account contains the amount specified in R.S. 51:705(C)(1)(k).
(2) The deposit in an escrow account for a period not exceeding one year from the termination of effectiveness of the registration statement or any renewal thereof, of:
(a) Any securities of the same class issued or transferred to a person who is an executive officer, director, general partner, or affiliate of the issuer or to any other person authorized to sell such securities for the issuer except a dealer registered under this Part and selling pursuant to an underwriting agreement which is disclosed in the prospectus delivered to each purchaser and still beneficially owned by such person; or
(b) Any securities of the same class as the securities registered which are to be issued to a person specified in Subparagraph (a) of this Paragraph; at a price below the proposed offering price of such securities or for a consideration other than cash. No interest in any security held in such an escrow account shall be offered for sale, sold, assigned or transferred during the term of such escrow account without the written consent of the commissioner.
E. Any document filed under this Part or a predecessor law within five years preceding the filing of a registration statement may be incorporated by reference as an exhibit to any registration statement filed under R.S. 51:705 to the extent that the document is currently accurate.
F. The commissioner may treat any exhibit filed under R.S. 51:705(C)(2)(f) as confidential and not subject to public inspection upon a showing, satisfactory to him, that disclosure of such information or document to the public would be detrimental to the applicant for registration or to the issuer and that confidential treatment is consistent with the public interest.
G. Any registration statement filed under this Part may be withdrawn prior to the effectiveness of such registration statement or the issuance of a preeffective stop order under R.S. 51:707.
H. A registration under R.S. 51:705 shall be effective for twelve months from its effective date. If the securities registered for sale are not sold within twelve months and the applicant desires to continue the offering under substantially the same terms, a renewal registration statement may be filed with the commissioner. Such renewal registration statement shall recite the total number of shares or principal amount of securities sold in this state under the original, together with any renewal, registration and shall in all respects, including currency of information, comply with the requirements for an original registration. The commissioner shall examine applications for renewal by the same standards as for original applications and upon that basis grant or deny the renewal registrations. Such registrations, if granted, shall be effective for a period of twelve months. In lieu of the filing fee prescribed by Subsection A of this Section, the commissioner shall charge a renewal fee in the same amount as was paid under Subsection A of this Section. Successive renewal registration statements may be filed when appropriate. The prospectus delivery requirements of R.S. 51:705(B)(3) shall apply to sales of securities pursuant to a renewal registration.
I.(1)(a) Every issuer which has registered securities for sale in this state under R.S. 51:705(B) and (D) shall:
(i) For a period of twelve months following the effective date of such registration statement or any renewals thereof, file with the commissioner within sixty days of the close of each fiscal quarter of such issuer except the last fiscal quarter of each fiscal year, the following financial statements prepared in accordance with generally accepted accounting principles:
(aa) A consolidated profit and loss statement of the issuer and its subsidiaries for each such fiscal quarter and for the corresponding period of the preceding fiscal year if the issuer or any predecessor was then in existence; and
(bb) Such other financial statements as the commissioner shall, by rule or regulation, require; however, no such financial statements need be filed following termination of such registration statement.
(ii) For a period beginning on the effective date of such registration statement and ending twelve months after the termination date of such registration statement or any renewals thereof, file with the commissioner within ninety days of the close of such issuer's fiscal year the following financial statements prepared in accordance with generally accepted accounting principles:
(aa) A consolidated balance sheet of the issuer and its subsidiaries as of the end of such fiscal year;
(bb) A consolidated profit and loss statement of the issuer and its subsidiaries for such fiscal year and for the preceding fiscal year if the issuer or any predecessor was then in existence; and
(cc) Such other financial statements as the commissioner may, by rule or regulation, require; however, such financial statements shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(b) If a substantial part of the proceeds of the issue is to be applied to the purchase of any business, the financial statements of the business to be purchased which would be required in Subparagraph (a) of this Paragraph if that business were the issuer; however, if the commissioner finds that certified financial statements are not necessary for the protection of investors and if the financial statements of such business have not been certified during any such three year period or the commissioner finds that the requirement of certified financial statements would cause undue hardship on the issuer or on such business, the commissioner may permit such financial statements not to be certified.
(c) If the issuer does not report its accounts in the normal course of its business on a consolidated basis, then it may furnish in lieu of the consolidated statements required in Subparagraph (a) of this Paragraph, individual statements for it and its majority owned subsidiaries; and, if the business to be purchased described in Subparagraph (b) of this Paragraph does not report its accounts in the normal course of its business on a consolidated basis, then the issuer may furnish in lieu of the consolidated statements required in Subparagraph (b) of this Paragraph individual statements for such business and its majority owned subsidiaries.
(2) Every issuer which has registered securities for sale in this state under R.S. 51:705(E) shall, for a period beginning with the effective date of the registration statement and ending twelve months after the termination date of such registration statement or any renewals thereof, file with the commissioner within ninety days of the close of such issuer's fiscal year the following financial statements prepared in accordance with generally accepted accounting principles:
(a) A consolidated balance sheet of the issuer and its subsidiaries as of the end of such fiscal year.
(b) A consolidated profit and loss statement of the issuer and its subsidiaries for such fiscal year and for the preceding fiscal year if the issuer or any predecessor was then in existence.
(c) Such other financial statements as the commissioner may, by rule or regulation, require.
(3) A copy of each financial statement filed with the commissioner pursuant to this Subsection shall be delivered with any prospectus required to be delivered pursuant to R.S. 51:705(E)(3).
J.(1) If any registration statement which has become effective under this Part contains a statement of material fact which was untrue on the date such registration statement became effective or if such registration statement fails to state a material fact which, on the date the registration statement became effective, was necessary to make the statements made, in light of the circumstances under which they were made, not misleading, then such registration statement may be amended by filing with the commissioner such information and such changes in any prospectus used in connection with the registration statement as may be necessary to correct such untruth or failure. Such amendment shall be signed by the persons required to sign the original registration statement under R.S. 51:705. Any such amendment shall become effective when the commissioner so orders.
(2) Any prospectus forming part of a registration statement which has become effective under this Part may be supplemented without amending such registration statement by adding information regarding factual developments which occurred after the effective date of such registration statement and by deleting statements of fact which, as a result of such developments, may be misleading or immaterial. If no stop order with respect to the registration statement is in effect, the prospectus, as supplemented, may be used after:
(a) 3:00 p.m. central standard time or central daylight time, whichever is applicable, on the fifth business day after the filing of five copies of the prospectus, as supplemented, with the commissioner; or
(b) Such shorter time as the commissioner may allow.
Acts 1985, No. 722, §1; Acts 2006, No. 544, §1, eff. June 22, 2006.
A. The commissioner may issue a stop order denying effectiveness to or suspending or revoking the effectiveness of, any registration, and shall give notice of such issuance pursuant to R.S. 51:716, if he finds that the order is in the public interest and that:
(1) The registration statement as of its effective date, or as of any earlier date in the case of an order denying effectiveness, contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
(2) Any prospectus used or to be used in connection with the offering contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
(3) This Part or any rule, order, or condition lawfully imposed under this Part has been willfully violated in connection with the offering by:
(a) The person filing the registration statement.
(b) The issuer, any partner, executive officer, or director of the issuer, any person occupying a similar status or performing similar functions, or any affiliate, but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer.
(c) Any underwriter.
(4) The security registered or sought to be registered is the subject of a stop order of any federal or state securities commission or agency or similar order or a permanent or temporary injunction of any court of competent jurisdiction entered under any other federal or state act applicable to the offering, but:
(a) The commissioner may not institute a proceeding against an effective registration statement under this Paragraph more than one year from the date of the order or injunction relied on.
(b) The commissioner may not enter an order under this Paragraph on the basis of an order or injunction entered under any other federal or state act unless that order or injunction was based on facts which would currently constitute a ground for a stop order under this Section.
(5) The offering has worked or tended to work a fraud upon purchasers or would so operate.
(6) The security is sought to be registered by notification and is not eligible for such registration.
B. The commissioner may by order summarily postpone or suspend the effectiveness of the registration statement pending final determination of any proceeding under this Section. Upon the entry of the order, the commissioner shall promptly notify by telephone or telegraph the issuer, any person on whose behalf such distribution is being made, and the representative of the underwriters that it has been entered and of the reasons therefor and that within fifteen days after the receipt of a written request the matter will be set down for hearing. If no hearing is requested and none is ordered by the commissioner, the order will remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after notice of an opportunity for hearing to each person specified in R.S. 51:716(A), may modify or vacate the order or extend it until final determination.
C. No stop order issued under any part of this Section except the first sentence of Subsection B of this Section shall become effective until and unless the commissioner has complied with R.S. 51:716.
D. The commissioner may vacate or modify a stop order if he finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so.
Acts 1985, No. 722, §1.
The provisions of R.S. 51:705 shall not apply to any of the following securities:
(1) Any security, including a revenue obligation or certificate of participation, issued or guaranteed by the United States, any state, any political subdivision of a state, or any agency, authority, public corporation, or other instrumentality of one or more of the foregoing, including any underlying or separate security which secures any of the foregoing securities. Pursuant to the authority granted in Section 106(b) and Section 106(c) of the Secondary Mortgage Market Enhancement Act of 1984, R.S. 51:708(1) shall not be deemed to apply to securities issued by any person, trust, corporation, partnership, association, business trust, or business entity created pursuant to or existing under the laws of the United States or any state which is offering securities pursuant to Section 106(a)(1) or (2) of the Secondary Mortgage Market Enhancement Act of 1984.
(2) Any security issued or guaranteed by Canada, any Canadian province, any political subdivision of any such province, any agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government with which the United States currently maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer or guarantor.
(3) Any security issued by or guaranteed by any bank organized under the laws of the United States, or any bank, or savings institution, organized and supervised under the laws of Louisiana, or any bank holding company organized under the laws of Louisiana that controls one or more banks whose principal place of business is in Louisiana and that is under the supervision of the Board of Governors of the Federal Reserve System, including any interest or participation in any common trust fund or similar fund maintained by any such bank exclusively for the collective investment and reinvestment of assets contributed thereto by such bank in its capacity as a trustee, executor, administrator, or guardian.
(4) Any security issued by and representing an interest in or a debt of, or guaranteed by, any federal savings and loan association or any building and loan or similar association organized under the laws of Louisiana and authorized to do business in this state.
(5) Any security issued by a bona fide agricultural cooperative.
(6) Any security issued or guaranteed by any federal credit union or any credit union, industrial loan association, or similar association organized and supervised under the laws of Louisiana.
(7) Any security issued or guaranteed by any railroad, other common carrier, public utility, or holding company which is:
(a) Subject to the jurisdiction of the Interstate Commerce Commission.
(b) A registered holding company under the Public Utility Holding Company Act of 1935, as now or hereafter amended, or a subsidiary of such a company within the meaning of that act.
(c) Regulated in respect of its rates and charges by a governmental authority of the United States or any state.
(d) Regulated in respect of the issuance or guarantee of the security by a governmental authority of the United States, any state, Canada, or any Canadian province.
(8) Securities listed or approved for listing upon notice of issuance on the New York Stock Exchange or the American Stock Exchange or a security designated or approved for designation as a national market system security by the NASDAQ Stock Market, LLC or any other stock exchange or market system approved by the commissioner as provided in this Paragraph, and all securities senior or equal in rank to any securities so listed, designated, or approved, any security represented by subscription rights which have been so listed, designated, or approved, or any warrant or right to purchase or subscribe to any of the foregoing, provided:
(a) That the commissioner, if he finds that the public interest would be served thereby, may by rule or regulation disqualify some or all securities listed, designated, or approved on such stock exchange or market system from the exemption provided by this Paragraph.
(b) That the commissioner may, by written order, approve any stock exchange or market system in addition to those specified in this Paragraph if he finds that it would be in the public interest for securities listed or designated on such stock exchange or market system to be exempt under this Paragraph.
(c) That the commissioner shall have the power at any time, by written order, to withdraw the approval theretofore so granted.
(9) Promissory notes maturing in not more than nine months from date of issuance, provided that said securities are not offered for sale by means of advertisements publicly disseminated in the news media or through the mails.
(10) Notes issued in connection with the acquisition of real or personal property or renewals thereof, if such notes are issued to the sellers of and are secured by all or part of the real or personal property so acquired.
(11) Any security which meets all of the following conditions:
(a) If the issuer is not organized under the laws of the United States or a state, it has appointed a duly authorized agent in the United States for service of process and has set forth the name and address of such agent in any prospectus offering such securities for sale.
(b) The issuer has a class of securities registered under Section 12 of the Securities Exchange Act of 1934 which has been so registered for the three years immediately preceding the offering date.
(c) Neither the issuer nor a significant subsidiary has had a material default during the last seven years, or during the issuer's existence if less than seven years, in the payment of:
(i) Principal, interest, dividend, or sinking fund installment on preferred stock or indebtedness for borrowed money; or
(ii) Rentals under leases with terms of three years or more.
(d) The issuer has had consolidated net income, before extraordinary items and the cumulative effect of accounting changes, of at least one million dollars in four of its last five fiscal years including its last fiscal year and, if the offering is of interest-bearing securities, has had for its last fiscal year such net income, but before deduction for income taxes and depreciation, of at least one and one-half times the issuer's annual interest expense, giving effect to the proposed offering and the intended use of the proceeds. "Last fiscal year" means the most recent year for which audited financial statements are available, provided that such statements cover a fiscal period ended not more than fifteen months from the commencement of the offering.
(e) If the offering is of stock or shares, other than preferred stock or shares, such securities have voting rights.
(f) If the offering is of stock or shares, other than preferred stock or shares, such securities are owned beneficially or of record, on any date within six months prior to the commencement of the offering, by at least one thousand two hundred persons, and on such date there are at least seven hundred fifty thousand such shares outstanding with an aggregate market value, based on the average bid price for that day, of at least three million seven hundred fifty thousand dollars. In connection with the determination of the number of persons who are beneficial owners of the stock or shares of an issuer, the issuer or broker-dealer may rely in good faith for the purposes of this Section upon written information furnished by the record owners.
(12) Any security issued by any person organized and operated not for private profit but exclusively for religious, educational, benevolent, charitable, fraternal, social, athletic, or reformatory purposes, or as a chamber of commerce or trade or professional association, other than:
(a) A debt security, or
(b) A hybrid security whose terms include significant features common to debt securities and that is found by the commissioner by written order after notice and an opportunity to the issuer or proposed issuer for hearing to be the functional equivalent of a debt security.
Acts 1985, No. 722, §1; Acts 1988, No. 142, §1; Acts 1989, No. 30, §1, eff. June 15, 1989; Acts 2006, No. 544, §1, eff. June 22, 2006; Acts 2010, No. 7, §4, eff. May 19, 2010; Acts 2012, No. 52, §1, eff. May 11, 2012.
Except as expressly provided in this Section, R.S. 51:703 shall not apply to any offer or sale of a security in connection with any transaction described in Paragraph (1), (2), (6), (7), (8), (9), (11), (12), (13), or (17) of this Section, and R.S. 51:705 shall not apply to any offer or sale of or subscription for any security in connection with any of the following transactions:
(1) Any transaction by an executor, administrator, or guardian who is not an affiliate of the issuer of the security sold or offered for sale or by a sheriff, marshal, conservator, receiver, or trustee in bankruptcy.
(2) Any transaction executed by a bona fide pledgee without any purpose of evading this Part.
(3)(a) Any transaction in securities not involving the issuer of the securities or an underwriter of the securities.
(b) Any transaction between the issuer or other person on whose behalf the offering is made and an underwriter, or among underwriters.
(4) Any transaction in securities, including the participation therein of affiliates, dealers, or other persons, that is made in compliance with the requirements of Rule 144 ("Rule 144") or Rule 144A ("Rule 144A") of the General Rules and Regulations promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended, as it now exists or may hereafter be amended, or any similar successor rule, regulation, or federal statutory exemption of like import, or any federal rule, regulation, or statute that the commissioner determines by rule or regulation to be the functional equivalent of a successor to Rule 144 or Rule 144A.
(5)(a) Any transaction in securities pursuant to a registration statement effective under the Securities Act of 1933, as now or hereafter amended, or of securities exempt from the registration requirements of such Act pursuant to Tier 2 of Regulation A, B, E, or F adopted under Section 3(b) or 3(c), or pursuant to any other exemption under such sections which the commissioner has, by rule or regulation, approved, but only during the continuance of such exemption, provided that the commissioner has received prior to such sale:
(i) A notice of intention to sell which has been executed by the issuer, any other person on whose behalf the offering is to be made, a dealer registered under this Part, or any duly authorized agent of any such person and which sets forth the name and address of the applicant, the name and address of the issuer, and the title of the securities to be offered in this state.
(ii) A copy of the initial registration statement, excluding exhibits, or the notification on Uniform Notice of Regulation A - Tier 2 Offerings, Form 1-B, 1-E, or 1-F, or any substituted form, and related offering circular or offering sheet, but excluding other exhibits, filed with the Securities and Exchange Commission or, in the case of an exemption under Section 3(b) or 3(c) of such Securities Act of 1933 which has been approved by the commissioner under this Paragraph, copies of such information or documents as the commissioner may, by rule or regulation, require.
(iii) A filing fee of one-tenth of one percentum of the aggregate price of the securities to be offered to be sold in this state, but in no case shall the fee be less than one hundred dollars nor more than one thousand dollars, and in addition thereto shall pay a charge of two hundred fifty dollars, to be used to defray the expenses of the commissioner. All fees and charges paid in accordance with this Paragraph, whether paid at the time of filing or at the time of renewal, shall be transmitted to the state treasurer for credit to the state general fund, except that the two hundred fifty dollar fee hereinabove provided shall be retained by the commissioner to be used for the enforcement of this Part generally.
(iv) A consent to service of process in the form prescribed by R.S. 51:718 which has been executed by the person which executed the notice of intention to sell unless such person has previously filed with the commissioner an irrevocable consent to service of process in the form prescribed by R.S. 51:718.
(b) The commissioner, after receiving the items called for by Items (a)(i) through (iv) of this Paragraph, shall issue a written and dated receipt therefor to the person which executed the notice of intention to sell. In the event any offer is to be made pursuant to this exemption more than twelve months after the date on which the commissioner issues his receipt under this Paragraph, then it shall be necessary for the issuer to file with the commissioner a copy of the prospectus which the issuer is currently utilizing for the purpose of making such offer and a renewal fee as provided in R.S. 51:706(H). After receiving such prospectus and fee, the commissioner shall issue a written and dated receipt. The issuer shall be required to comply with these renewal requirements every twelve months so long as the offering shall continue in this state. The issuance by the commissioner of any receipt called for by this Paragraph shall not be a condition to the effectiveness of the exemption provided within the provisions of this Paragraph.
(6)(a) Any transaction involving the issuance and delivery of securities by an issuer to its own security holders as a result of a dividend or other distribution, whether the person distributing the dividend or other distribution is the issuer of the security or not, a split of securities, or recapitalization, provided that the recipient does not pay any consideration or surrender the right to a distribution in cash or property other such* securities; or
(b) The sale of any fractional interest resulting from such dividend, split, distribution, or registration, or from any transaction described in and exempted by Paragraph (12) of this Section.
(7) Any transaction involving the sale of securities to a bank, savings institution, trust company, insurance company, investment company as defined in the Investment Company Act of 1940, as now or hereafter amended, real estate investment trust, small business investment corporation, pension or profit-sharing plan or trust, other financial institution, or a dealer, whether the purchaser is acting for itself or in some fiduciary capacity.
(8) Any transaction pursuant to an offer exclusively to existing security holders of the issuer or a subsidiary of the issuer, including persons who at the time of the transaction are holders of convertible securities of the issuer or a subsidiary of the issuer, if no commission or other remuneration is paid or given directly or indirectly for soliciting any security holder in this state.
(9) Any transaction involving the issuance of a security:
(a) In connection with a stock bonus or acquisition plan requiring payment of no consideration other than services.
(b) In connection with an employee stock purchase plan as defined in Section 423 of the Internal Revenue Code of 1954, as now or hereafter amended, or a stock bonus plan, pension plan, profit-sharing plan, or retirement plan for employees or self-employed individuals qualified under Section 401 of the Internal Revenue Code of 1954, as now or hereafter amended, or individual retirement accounts qualified under Section 408 of the Internal Revenue Code of 1954, as now or hereafter amended; provided, however, the issuance of any such security representing an interest in a collective investment fund shall be exempt only if such security is issued pursuant to a plan established and administered by a bank organized under the laws of the United States or any bank or trust company organized and supervised under the laws of any state of the United States or sponsored by an investment company registered under the Investment Company Act of 1940, as now or hereafter amended, or sponsored by an insurance company licensed to do business in this state.
(c) In connection with a stock option plan in which no person except an employee of the issuer or of an affiliate of such issuer may participate, if no consideration is paid for any options granted other than services.
(d) In connection with the issuance of securities upon the exercise of options granted pursuant to such a stock option plan.
(10)(a) Any offer, but not a sale, of a security for which a registration statement has been filed under the Securities Act of 1933, as now or hereafter amended, if no stop order or refusal order is in effect and no public proceeding or examination looking toward such an order is pending under such act.
(b) Any offer, but not a sale, of a Tier 1 Regulation A security under Section 3(b)(2) of the Securities Act of 1933, where the issuer intends to register the security in multiple states using a coordinated review for these offerings, and conducts its offering in compliance with federal Regulation A as promulgated by the Securities and Exchange Commission.
(11) Any transaction incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims, or property interests, or partly in such exchange and partly for cash.
(12) Any transaction involving the issuance or transfer of securities of the issuer by the issuer or by a subsidiary of the issuer to a corporation or its shareholders or to a partnership, limited liability company, or a business or real estate investment trust or the holders of interests or beneficial interest therein in connection with a merger, consolidation, reclassification of securities, or sale or transfer of corporate, partnership, limited liability company, or trust assets in consideration of the issuance or transfer of such securities, where the transaction must be approved by the vote of the shareholders of the corporation or the holders of interests or beneficial interest of such partnership, limited liability company, or trust pursuant to its articles or certificate of incorporation, corporate charter, partnership agreement, articles of organization, operating agreement, or trust instrument, or the applicable corporation, partnership, limited liability company, or trust statute.
(13) Any transaction involving the issuance of securities of a majority owned subsidiary to its parent or any other majority owned subsidiary of such parent, or the issuance of securities upon organization of an issuer to the parent of such issuer or to the majority owned subsidiaries of such parent, if, after such issuance, the issuer is a majority owned subsidiary of such parent.
(14) Any transaction involving the issuance of a security in connection with a pooled income fund if all of the following conditions are met:
(a) The fund qualifies as a recipient of tax deductible contributions under Section 642(c)(5) of the Internal Revenue Code of 1954, as now or hereafter amended.
(b) Each prospective donor is furnished written disclosures which fully and fairly describe the operation of the fund.
(c) Each person soliciting gifts by means of the fund is either a volunteer or a person who is employed in the overall fundraising activities of the charity that is the beneficiary of the fund and who receives no commission or other special compensation based on the amount of gifts transferred to the pooled income fund.
(d) Either:
(i) A bank organized under the laws of the United States or any bank or trust company organized and supervised under the laws of any state of the United States serves as trustee, investment adviser, or investment manager of the fund; or
(ii) An investment company registered under the Investment Company Act of 1940, as now or hereafter amended, or an insurance company licensed to do business in this state serves as investment adviser or investment manager of the fund.
(15) Any transaction exempted by rule adopted under this Paragraph: The commissioner is granted authority to adopt by rule or regulation limited offering transactional exemptions and procedures pertaining thereto for transactions not involving any public offering, which shall further the objectives of compatibility with federal exemptions and uniformity among the states and which shall set forth such terms and conditions and requiring the filing of such notices and the payment of such fees as the commissioner shall by rule prescribe. The Private Offering Exemptions contained in LAC 10.XIII, Subpart 1, Chapter 7 issued by the commissioner under authority of R.S. 51:710(D), as in effect immediately prior to the effective date of this Paragraph,1 shall be deemed issued by the commissioner under authority of this Paragraph until thereafter amended or superceded by rule or regulation.
(16) Bonds or notes secured by mortgage upon real estate where the entire mortgage together with all of the bonds or notes secured thereby are sold to a single purchaser at a single sale.
(17) Any offer or sale of a pre-organization certificate or subscription if:
(a) No commission or other remuneration is paid or given directly or indirectly for soliciting any prospective subscriber;
(b) The number of subscribers in this state does not exceed thirty-five; and
(c) No payment is made by any subscriber.
Acts 1985, No. 722, §1; Acts 1986, No. 252, §1; Acts 1989, No. 30, §1, eff. June 15, 1989; Acts 1992, No. 233, §1, eff. June 10, 1992; Acts 1993, No. 475, §7, eff. June 9, 1993; Acts 2006, No. 544, §1, eff. June 22, 2006; Acts 2014, No. 224, §1; Acts 2016, No. 141, §1, eff. May 19, 2016.
A.(1) The administration of the provisions of this Part shall be vested in the commissioner of financial institutions, who is designated commissioner of securities. Whenever the governor issues a declaration of emergency, the commissioner shall have in addition to those powers enumerated in this Part any power necessary and appropriate to perform his duties under this Part as well as the power necessary and appropriate to prevent or terminate any condition which he may reasonably deem to create an emergency relative to the registration of issuers, dealers, salesmen, investment advisers, and securities, or any other matters regulated under this Part. The commissioner, from time to time, may make, amend, and rescind rules, forms, compliance agreements, and orders as are necessary to carry out the provisions of this Part, where such action is consistent with the public interest and with the purpose fairly intended by the policy and provisions of this Part.
(2) In addition to the above authority, the commissioner shall also have the following specifically enumerated powers:
(a) He may honor requests from interested parties for interpretative opinions and may issue written no-action determinations that he will not institute proceedings against certain specified persons for engaging in certain specified activities when the determination is consistent with the purposes fairly intended by the policy and provisions of this Part. Oral or informal opinions provided by the commissioner's staff as to the applicability of any provision of this Part and oral or informal representations by the staff concerning the status of filings made with the commissioner's office are not considered binding upon the commissioner unless accurately and promptly confirmed in writing by the party requesting such oral or informal opinion or representation.
(b) In addition to the authority granted in R.S. 51:711(A)(3), he may cause to be published information regarding any orders or rules issued by him in the implementation of his duties, including, without limitation, information pertaining to specific orders denying registration or prohibiting the sale of securities and the persons offering to sell or selling such securities.
B. The commissioner shall have the authority to administer oaths in and to prescribe forms for all matters arising under this Part. The commissioner shall cooperate with the administrators of the securities laws of other states and of the United States with a view to assisting those administrators in the enforcement of their securities laws and to achieving maximum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws.
C. The commissioner shall have authority to employ examiners, clerks and stenographers, and other employees as the administration of that portion of this Part vested in him may require. The commissioner shall also have authority to appoint and employ investigators whose salaries shall be fixed by the commissioner with the approval of the governor and who shall have, in any case that there is reason to believe a violation of this Part has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants. The commissioner shall designate one of the investigators as chief state investigator and this person shall act at the will of the commissioner to perform any duty required by him as commissioner of financial institutions and commissioner of securities.
D. The commissioner shall have the power to make such rules and regulations from time to time as he may deem necessary and proper for the enforcement of this Part. Such rules and regulations shall be adopted, promulgated and contested as provided in the Administrative Procedure Act.
E. The commissioner or any persons employed by him shall be paid, in addition to their regular compensation, the transportation fare, board, lodging, and other traveling expenses necessarily and actually incurred by each of them in the performance of their duties under this Part.
F. The commissioner shall appoint, with the approval of the governor, a person as deputy commissioner and delegate such of his powers and duties under this Part to such deputy commissioner as he desires.
G. The commissioner shall appoint, with the approval of the governor, an attorney whose salary shall be fixed by the commissioner with the approval of the governor.
H. The commissioner may designate filing depositories for all records required to be filed and maintained under this Part. Such records may be maintained in original form or by means of microfilm, microfiche, microphotographic reproduction, photographic reproduction, word processing, computerization, or other acceptable reproductive methods. The commissioner is further authorized to participate, in whole or in part, in a Central Registration Depository (CRD) or similar system, in cooperation with the Financial Industry Regulatory Authority, other states, and the United States, to the extent he deems participation to be in the public interest of this state.
Acts 1985, No. 722, §1; Acts 2006, No. 361, §1, eff. June 13, 2006; Acts 2010, No. 7, §4, eff. May 19, 2010.
The commissioner, upon notice of opportunity for hearing as provided for in R.S. 51:716, has the right to assess a civil monetary penalty against any issuer, broker-dealer, agent, investment adviser or investment adviser representative, or any other person who violates this Part or any rule, regulation, or order of the commissioner, up to a maximum of five thousand dollars per violation, plus the costs of investigation and prosecution.
Acts 2006, No. 361, §1, eff. June 13, 2006; Acts 2018, No. 73, §1, eff. May 10, 2018.
A. Notwithstanding the provisions of R.S. 6:103 and except as otherwise provided in Subsection B of this Section, records obtained by the commissioner or filed under this Part, including a record contained in or filed with a registration statement, application, notice filing, report, the Central Registration Depository or the Investment Adviser Registration Depository, are public records and are available for public inspection.
B. The following records are not public records and are not available for public inspection under Subsection A of this Section:
(1) A report of examination prepared by the commissioner.
(2) A record obtained by the commissioner in connection with an examination or an investigation under this Part.
(3) A part of a record filed in connection with a registration statement or a record that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law, upon concurrence by the commissioner.
(4) A record that is not required to be provided to the commissioner or filed under this Part and is provided to the commissioner only on the condition that the record will not be subject to public inspection or disclosure on the written request of the party supplying the record, upon concurrence by the commissioner.
(5) A nonpublic record received from a federal securities regulatory agency, a self regulatory organization, or a state or foreign securities regulatory agency.
(6) Any date of birth, social security number, residential address unless used as a business address, and residential telephone number unless used as a business telephone number, contained in a record that is filed.
C. If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified as a state, federal or foreign securities administrator, the commissioner may disclose a record obtained in connection with an examination or investigation under this Part.
Acts 2006, No. 464, §1, eff. June 15, 2006.
A. The commissioner, at his discretion:
(1) May make such public or private investigations within or outside of this state as he deems necessary to determine whether any person has violated or is about to violate this Part or any rule, regulation, or order under this Part or to aid in the enforcement of this Part or in the prescribing of rules and regulations hereunder.
(2) May require or permit any person to file a statement in writing, under oath or otherwise as the commissioner determines, as to all the facts and circumstances concerning the matter to be investigated.
(3) May publish information concerning any violation of this Part or any rule, regulation, or order under this Part.
B. For the purpose of conducting any investigation as provided in this Section, the commissioner shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses, the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the commissioner is authorized to issue a subpoena for any witness or a subpoena for production of documentary evidence to compel the production of any books, records, or papers. Said subpoenas may be served by registered or certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the commissioner or shall be directed for service to the sheriff of the parish where the witness resides or is found or where such person in custody of any books, records or papers resides or is found.
C. In case of refusal to obey a subpoena issued under any section of this Part to any person, a judicial district court upon application by the commissioner, may issue to the person an order requiring him to appear before the court to show cause why he should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as a contempt of court.
D.(1) The commissioner may, with the approval of the attorney general, issue to any person who has been or may be called to a hearing or other proceeding under this Part a written order requiring the individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination. Such order shall be issued only if the commissioner shall find that:
(a) The testimony or other information from such individual may be in the public interest; and
(b) Such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.
(2) Whenever any witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information at any hearing or other proceeding under this Part and the person presiding over the proceeding delivers to the witness a written order issued under Paragraph (1) of this Subsection, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled under the order as to which the witness could validly assert his privilege against self-incrimination, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case, except a prosecution for perjury, false swearing, giving a false statement to the commissioner pursuant to this Part, or otherwise failing to comply with the order.
E. In the case of any investigation conducted under this Section, the commissioner may hold hearings or he may appoint an investigative agent to conduct the hearings who shall have the same powers and authority in conducting the hearings as are in this Section granted to the commissioner. The agent shall possess such qualifications as the commissioner may require. A transcript of the testimony and evidence and objections resulting from such hearings shall be taken unless waived in writing by the commissioner and by all parties present at the hearings. Copies of the transcript shall be available to all parties present at the hearing upon payment of a reasonable expense of reproducing such transcript. All recommendations of the investigative agent shall be advisory only and shall not have the effect of an order of the commissioner.
F. In any case where hearings are conducted by an investigative agent, he shall submit to the commissioner a written report, including the transcript of the testimony in evidence, if requested by the commissioner, the findings of the hearing, and a recommendation of the action to be taken by the commissioner. The recommendation of the agent shall be approved, modified, or disapproved by the commissioner. The commissioner may direct an investigative agent to take additional testimony or permit introduction of further documentary evidence.
G. In addition to any other hearings and investigations which the commissioner is authorized or required by this Part to hold, the commissioner is also authorized to hold general investigative hearings on his own motion with respect to any matter under this Part. A general investigative hearing as provided for may be conducted by any person designated by the commissioner for that purpose and may, but need not be, transcribed by the commissioner or by any other interested party. No formal action may be taken as a result of such investigative hearing, but the commissioner may take such action as he deems appropriate, based on the information developed in the hearing and on any other information which he may have.
Acts 1985, No. 722, §1.
A. It shall be unlawful for any person:
(1) To offer to sell or to sell any security in violation of R.S. 51:703, 705, or any rule, regulation or order promulgated or issued by the commissioner under this Part.
(2) To offer to sell or to sell a security by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, the buyer not knowing of the untruth or omission, if such person in the exercise of reasonable care could not have known of the untruth or omission.
(3) To offer or sell any security:
(a) Registered under R.S. 51:705(B) by means of any prospectus except a prospectus which complies with R.S. 51:705(B)(3).
(b) Registered under R.S. 51:705(E) by means of any prospectus except a prospectus which complies with R.S. 51:705(E)(3).
(c) Registered under R.S. 51:705(F) by means of any prospectus except a prospectus which complies with R.S. 51:705(F)(4).
B. It shall be unlawful for any person to make to any prospective purchaser, customer, or client any representation that the filing or effectiveness of a registration statement or the registration of any security under R.S. 51:705, or the existence of any exemption for any security or transaction means that the commissioner has passed in any way upon the truth, completeness, or accuracy of such registration statement or the merits of such security or has recommended or given approval to such security or transaction.
C. It shall be unlawful for any person who:
(1) Is a dealer, salesman, or investment adviser under this Part.
(2) Is making an application for registration as a dealer, salesman or investment adviser under this Part.
(3) Is an issuer which has filed a registration statement with respect to securities it intends to issue.
(4) Is an affiliate of any of the persons described in Paragraph (1), (2), or (3) of this Subsection knowingly to cause to be made, in any document filed with the commissioner or in any proceeding under this Part, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect.
D. It shall be unlawful for any person in connection with the offer, sale, or purchase of any security, directly or indirectly:
(1) To employ any device, scheme, or artifice to defraud.
(2) To engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller.
E.(1) For purposes of this Subsection, the following terms shall have the meanings set forth below:
(a) "Allocated share" shall mean any plan security held by a trustee, beneficially or of record, that is allocated to the account of a participant.
(b) "Investment plan" shall mean any plan, trust or similar arrangement that invests in securities and that satisfies each of the following requirements:
(i) At least ten percent of the total number of participants are residents of or domiciled in this state.
(ii) The trustee or a majority of the trustees are residents of or domiciled in this state.
(c) "Issuing corporation" shall mean the issuer of a particular plan security.
(d) "Participants" shall mean all persons who have accounts in an investment plan.
(e) "Plan documents" shall mean the documents and other instruments pursuant to which an investment plan is established and governed.
(f) "Plan security" shall mean any security that is held beneficially or of record by a trustee, whether such security is at the time an allocated share, unallocated share or uninstructed share.
(g) "Trustee" shall mean the natural person, natural persons, entity or entities named as trustee or trustees under the terms of an investment plan, in the capacity as such.
(h) "Unallocated share" shall mean any plan security held by a trustee, beneficially or of record, that is not allocated to the account of a participant.
(i) "Uninstructed share" shall mean any allocated share as to which the trustee has not received, from the participant to whose account such share is allocated, instructions as to how to vote such allocated share in a matter properly submitted to the vote of the shareholders of the issuing corporation.
(2) If, with respect to any investment plan:
(a) The plan documents provide that participants have the right to direct in a confidential manner:
(i) Whether any plan securities will be tendered in response to a tender or exchange offer for such plan securities.
(ii) How any plan securities shall be voted on any particular matter to come before a vote of shareholders of the issuing corporation; and
(b) A valid tender or exchange offer has been made for plan securities or a matter has come before the vote of the shareholders of an issuing corporation relating, directly or indirectly, to the possible offer or sale of plan securities, whether pursuant to:
(i) A merger or consolidation of the issuing corporation with or into any other person.
(ii) The sale of all or substantially all of the assets of the issuing corporation.
(iii) The liquidation or dissolution of the issuing corporation.
(iv) A contested election of directors of the issuing corporation.
(v) The removal or adoption of any defensive devices by the issuing corporation, or otherwise, then, it shall be unlawful for the trustee not to permit participants to tender or direct the voting of the plan securities in the manner set forth in the plan documents, and the trustee shall have no authority or discretion whatsoever to tender or vote, as the case may be, any plan securities in any manner inconsistent with or contrary to the specific instructions of the participants relating to such plan securities.
Acts 1985, No. 722, §1; Acts 1991, No. 787, §1, eff. July 19, 1991; Acts 1999, No. 250, §1.
A. Whenever it may appear to the commissioner, either upon complaint or otherwise, that any person has engaged in or is engaging in or is about to engage in any act or practice or transaction which is prohibited by this Part or by any rule, regulation, or order of the commissioner promulgated or issued pursuant to any Section of this Part, or which is declared to be unlawful under this Part, the commissioner may, at his discretion, act under any or all of the following Paragraphs:
(1) Issue an order, if he deems it to be appropriate in the public interest or for the protection of investors, prohibiting such person from continuing such act, practice, or transaction, subject to the right of such person to a hearing as provided in R.S. 51:716.
(2) Apply to any judicial district court in this state for an injunction restraining such person and his agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or engaging therein or doing any acts in furtherance thereof and for appointment of a receiver or an auditor and such other and further relief as the facts may warrant.
(3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the attorney general, who may, at his individual discretion, institute the necessary criminal proceedings.
B. In any proceedings for an injunction, the commissioner may apply for and be entitled to have issued the court's subpoena requiring:
(1) The appearance forthwith of any defendant and his agents, employees, partners, officers, or directors.
(2) The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of investors as the facts may warrant.
C. In any criminal proceeding either the district attorney or the attorney general or both may apply for and be entitled to have issued the court's subpoena requiring:
(1) The appearance forthwith of any defendant or his agents, employees, partners, officers, or directors.
(2) The production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings.
Acts 1985, No. 722, §1.
A. Any person who violates R.S. 51:712(A) shall be liable to the person buying such security, and such buyer may sue in any court to recover the consideration paid in cash or, if such consideration was not paid in cash, the fair value thereof at the time such consideration was paid for the security with interest thereon from the date of payment down to the date of repayment as computed in R.S. 51:714(C)(1), less the amount of any income received thereon, together with all taxable court costs and reasonable attorney's fees, upon the tender, where practicable, of the security at any time before the entry of judgment, or for damages if he no longer owns the security. Damages are the amount which equals the difference between the fair value of the consideration the buyer gave for the security and the fair value of the security at the time the buyer disposed of it, plus interest thereon from the date of payment to the date of repayment as computed in R.S. 51:714(C)(2).
B. Every person who directly or indirectly controls a person liable under Subsection A of this Section, every general partner, executive officer, or director of such person liable under Subsection A of this Section, every person occupying a similar status or performing similar functions, and every dealer or salesman who participates in any material way in the sale is liable jointly and severally with and to the same extent as the person liable under Subsection A of this Section unless the person whose liability arises under this Subsection sustains the burden of proof that he did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which liability is alleged to exist. There is contribution as in the case of contract among several persons so liable.
C.(1) No person may sue under this Section more than two years from the date of the contract for sale or sale, if there is no contract for sale. No person may sue under this Section:
(a) If the buyer received a written offer, before suit and at a time when he owned the security, to repay in cash or by certified or official bank check, within thirty days from the date of acceptance of such offer in exchange for the securities, the fair value of the consideration paid, determined as of the date such payment was originally paid by the buyer, together with interest on such amount for the period from the date of payment to the date of repayment, such interest to be computed in case the security consists of an interest-bearing obligation, at the same rate as provided in the security or, in case the security consists of other than an interest-bearing obligation, at the applicable rate of legal interest, less, in every case, the amount of any income received on the security, and:
(i) Such offeree does not accept the offer within thirty days of its receipt or
(ii) If such offer was accepted, the terms thereof were complied with by the offeror;
(b) If the buyer received a written offer before suit and at a time when he did not own the security to repay in cash or by certified or official bank check, within thirty days from the date of acceptance of such offer, an amount equal to the difference between the fair value of the consideration the buyer gave for the security and the fair value of the security at the time the buyer disposed of it, together with interest on such amount for the period from the date of payment down to the date of repayment, such interest to be computed in case the security consists of an interest-bearing obligation at the same rate as provided in the security, or, in case the security consists of other than an interest-bearing obligation, at the applicable rate of legal interest, less, in every case, the amount of any income received on the security, and:
(i) Such offeree does not accept the offer within thirty days of its receipt or
(ii) If such offer was accepted, the terms thereof were complied with by the offeror;
(2) Provided, that no written offer shall be effective within the meaning of this Subsection unless, if it were an offer to sell securities, it would be exempt under R.S. 51:709 or, if registration would have been required, then unless such rescission offer has been registered and effected under R.S. 51:705. Any person who is paid for his security in the amount provided by this Subsection shall be foreclosed from asserting any remedies under this Part, regardless of whether the other requirements of this Subsection have been complied with.
D. Every cause of action under this Part survives the death of any person who might have been a plaintiff or defendant.
E. Nothing in this Part shall limit any statutory or civil right of any person to bring action in any court for any act involved in the sale of securities or the right of this state to punish any person for any violation of any law. The attorney general and each of the district attorneys throughout this state, with regard to violation of this Part in their respective districts, shall lend full assistance to the commissioner in any investigations or prosecutions that the commissioner may deem necessary under the provisions of this Part.
Acts 1985, No. 722, §1.
For the purposes of venue for any civil or criminal action under this Part, any violation of this Part or of any rule, regulation, or order promulgated under this Part shall be considered to have been committed in any parish in which any act was performed in furtherance of the transaction which violated the Part, in the parish of any violator's principal place of business in this state, in the parish of the issuer's principal place of business in this state, and in any parish in which any violator had control or possession of any proceeds of the violation or of any books, records, documents, or other material or objects which were used in furtherance of the violation.
Acts 1985, No. 722, §1.
A. Where the commissioner has issued any order forbidding the sale of securities under R.S. 51:707, he shall promptly send to the issuer of such securities and to all persons who have registered such securities a notice of opportunity for hearing. Before entering an order refusing to register any person under R.S. 51:703, and after the entering of any order for revocation or suspension, the commissioner shall promptly send to such person and, if such person is a salesman to the dealer who employs or proposes to employ such salesman a notice of opportunity for hearing. Hearings shall be conducted pursuant to this Section by the commissioner.
B. The notice and hearing shall be had in the manner prescribed therefor in the Administrative Procedure Act.
C. If the commissioner does not receive a request for a hearing within the prescribed time, he may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this Section, the commissioner shall within thirty days after the conclusion of the hearing:
(1) Set forth his written findings with respect to the matters involved; and
(2) Enter an order in accordance with his findings.
Acts 1985, No. 722, §1; Acts 1989, No. 30, §1, eff. June 15, 1989.
An appeal may be taken by any person interested from any final order of the commissioner to the Nineteenth Judicial District Court by filing a petition therein against the commissioner, officially as defendant, within twenty days after notice of the entry of such order and stating in said petition the grounds upon which a reversal of such final order is sought. Such petition may be accompanied by a demand upon the commissioner for a certified transcript of the record and of all papers on file in his office affecting or relating to such order and such demand may be granted by the court and an order may be issued by the court ordering the production of a transcript of such records upon the furnishing of bond by the plaintiff with good and sufficient security, to be approved by the court, conditioned upon the faithful prosecution of such action to final judgment and upon the payment of all costs including costs of making such transcript. Thereupon, the commissioner shall within ten days make, certify and file with the clerk of said court such a transcript, or, in lieu thereof, the original papers if the court shall so order. Such suit shall be given precedence by the court over all matters pending in said court. The court shall receive and consider the evidence, both oral and documentary concerning the order of the commissioner objected to by the plaintiff. If the order of the commissioner shall be reversed, the court shall enter such judgment, order, and decree as the equities and exigencies may require, directing the commissioner as to his further action in the matter, including the making and entering of any order or orders in connection therewith, and the conditions, limitations, and restrictions to be therein contained, provided that the commissioner shall not thereby be barred from thereafter revoking or altering such order for any proper cause which may thereafter accrue or be discovered. If said order shall be affirmed, said plaintiff shall not be barred after thirty days from filing a new application, provided such new application is not otherwise barred or limited. The court shall not in any wise suspend the operation of any order of the commissioner during the pendency of the action. Mere technical irregularities in the procedure of the commissioner shall be disregarded and the burden shall rest on the plaintiff to prove his rights to a reversal of the order of the commissioner. A devolutive appeal may be taken from the judgment of the district court on the same terms and conditions as an appeal is taken in other civil actions.
Acts 1985, No. 722, §1.
Where a consent to service of process is required under this Part, such consent to service of process shall be in the form prescribed by the commissioner, shall be irrevocable, and shall provide that actions arising out of or founded upon the sale of any securities in violation of this Part may be commenced against the person executing such consent in any court of competent jurisdiction and proper venue within this state by the service of process or pleadings upon the commissioner. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the commissioner shall, if made on the commissioner, be by duplicate copies, one of which shall be filed in the office of the commissioner and the other shall immediately be forwarded by the commissioner by registered or certified mail or by commercial courier as defined in R.S. 13:3204(D), when the person to be served is located outside of this state to the person against whom such process or pleadings are directed at his latest address on file in the office of the commissioner.
Acts 1985, No. 722, §1; Acts 1999, No. 395, §6.
Any condition, stipulation, or provision binding any person acquiring any security to waive:
(1) Compliance with any provision of this Part or of the rules and regulations promulgated under this Part;
(2) Any rights provided by this Part or by the rules and regulations promulgated under this Part; or
(3) Any defenses arising under this Part or under the rules and regulations promulgated under this Part shall be void.
Acts 1985, No. 722, §1.
For any action taken or any proceeding had under this Part or under color of law, the commissioner shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune.
Acts 1985, No. 722, §1.
A. In any action, civil or criminal, where a defense is based upon any exemption provided for in this Part, the burden of proving the existence of the exemption shall be upon the party raising such defense.
B. In any action, civil or criminal, a certificate signed and sealed by the commissioner, stating compliance or non-compliance with this Part, shall constitute prima facie evidence of such compliance or non-compliance with this Part and shall be admissible in any such action.
C. In any action, civil or criminal, copies, photostatic or otherwise, certified by the commissioner of any documents filed in his office and of any of his records shall be admissible with the same effect as the original of such documents or records would have if actually produced.
D. Any person claiming the right to register any securities by notification under R.S. 51:705 shall also have the burden of establishing the right so to register such securities.
Acts 1985, No. 722, §1.
A. Prior law exclusively governs all suits, actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring under prior law except that no civil suit or action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued.
B. All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect so long as they would have remained in effect if this Part had not become effective. They are considered to have been filed, entered, or imposed under this Part but are governed by prior law.
Acts 1985, No. 722, §1.
A. Any person who willfully violates any provision of this Part shall be guilty of a felony and upon conviction shall be punished by a fine of not more than ten thousand dollars or by imprisonment at hard labor for not more than five years, or by both fine and imprisonment. In addition to these penalties, the court may order the person convicted of the violation to pay restitution to any victim of the violation. Each violation of this Part shall constitute a separate offense.
B. Any person who willfully violates any rule or order of the commissioner, authorized under this Part, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment, but no person may be imprisoned for violation of any rule or order of which that person did not have actual knowledge. In addition to these penalties, the court may order the person convicted of the violation to pay restitution to any victim of the violation. Each violation of this Part shall constitute a separate offense.
C. No dealer or salesman shall make any statement or representation not authorized by the issuer, or any statement or representation at variance with or not reasonably predicated upon the statements and documents filed by the issuer in the office of the commissioner.
D. No person shall sign any statement, list, inventory, balance sheet, or other paper or document required by any provision of this Part to be verified or sworn to, knowing any representation therein contained to be false, misleading, or untrue, and the depositing of any such statement or document in the office of the commissioner shall be deemed prima facie evidence of knowledge of the falsity thereof or of any representation therein contained and of the willful signing of such statement or document.
E. The commissioner may refer such evidence as is available concerning violations of this Part or of any rule or order hereunder to the appropriate prosecuting attorney, who may, with or without such a reference, institute the appropriate criminal proceedings under this Part.
Acts 1985, No. 722, §1; Acts 2008, No. 149, §2.
All fees and charges payable under the provisions of this Part and rules promulgated thereunder, shall be collected by the commissioner, shall be nonrefundable and shall be immediately transmitted by him to the state treasurer.
Acts 1985, No. 722, §1; Acts 1986, No. 465, §1, eff. July 1, 1986; Acts 2006, No. 544, §1, eff. June 22, 2006.
This Part shall be known and may be cited as the "Louisiana Protection of Vulnerable Adults from Financial Exploitation Law".
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
As used in this Part the following terms have the respective meanings, unless the context clearly indicates otherwise:
(1) "Adult protection agency" means:
(a) The office of elderly affairs in the office of the governor, for any individual sixty years of age or older in need of adult protective services.
(b) The Louisiana Department of Health for any individual between the ages of eighteen and fifty-nine in need of adult protective services.
(2) "Dealer" shall have the same meaning as provided in R.S. 51:702.
(3) "Eligible adult" means:
(a) A person sixty years of age or older.
(b) A person subject to the Adult Protective Services Act, R.S. 15:1501 et seq.
(4) "Financial exploitation" means:
(a) The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an eligible adult.
(b) Any act or omission taken by a person, including through the use of a power of attorney, act of procuration, contract of mandate, or letters of curatorship, guardianship, or conservatorship of an eligible adult, to do any of the following:
(i) Obtain control, through deception, intimidation, or undue influence over an eligible adult's assets or property to deprive the eligible adult of the ownership, use, benefit, or possession of the eligible adult's money, assets, or property.
(ii) Convert money, assets, or property of the eligible adult to deprive such eligible adult of the ownership, use, benefit, or possession of the eligible adult's money, assets, or property.
(5) "Investment advisor" shall have the same meaning as provided in R.S. 51:702.
(6) "Investment advisor representative" shall have the same meaning as provided in R.S. 51:702.
(7) "Qualified individual" means any salesman, investment advisor representative, or person who serves in a supervisory, compliance, or other legal capacity for a dealer or investment advisor.
(8) "Salesman" shall have the same meaning as set forth in R.S. 51:702.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
A. If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, the qualified individual may notify the appropriate adult protection agency and the commissioner of securities.
B. A qualified individual who, in good faith and exercising reasonable care, makes a disclosure of information pursuant to this Section shall be immune from administrative or civil liability that might otherwise arise from such disclosure or for any failure to notify the customer of the disclosure.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
A. If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, a qualified individual may notify any third party previously designated in writing by the eligible adult or any other person permitted under existing law, rules, regulations, or customer agreement.
B. Disclosure shall not be made to any designated third party who is suspected of financial exploitation or other abuse of the eligible adult.
C. A qualified individual who, in good faith and exercising reasonable care, complies with this Section shall be immune from any administrative or civil liability that might arise from such disclosure.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
A. A dealer or investment advisor may delay disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary, if all of the following conditions are met:
(1) The dealer, investment advisor, or qualified individual reasonably believes, after initiating an internal review of the requested disbursement and the suspected financial exploitation, that the requested disbursement may result in financial exploitation of an eligible adult.
(2) The dealer or investment advisor meets at least one of the following criteria:
(a) Immediately, but in no event more than two business days after the requested disbursement, provide written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless any such party is reasonably believed to have engaged in suspected or attempted financial exploitation of the eligible adult.
(b) Immediately, but in no event more than two business days after the requested disbursement, notify the adult protection agency and the commissioner of securities.
(c) Continue internal review of the suspected or attempted financial exploitation of the eligible adult, as necessary, and report the investigation results to the adult protection agency and the commissioner of securities within seven business days after the requested disbursement.
B. Unless a court or the commissioner enters an order extending the refusal of disbursement or providing any other applicable protective relief, any delay of a disbursement as authorized by this Section will expire upon the sooner of the following:
(1) A determination by the dealer or investment advisor that the disbursement will not result in financial exploitation of the eligible adult.
(2) Fifteen business days after the date on which the dealer or investment advisor first delayed disbursement of the funds, unless either an adult protection agency or the commissioner of securities requests that the dealer or investment advisor extend the delay to no more than twenty-five business days after the date on which the dealer or investment advisor first delayed disbursement of the funds, unless sooner termination by the dealer or investment advisor or an order by a court of competent jurisdiction.
C. A court of competent jurisdiction may enter an order extending the delay of the disbursement of funds or may order other protective measures based on the petition of the commissioner of securities, adult protective services, the dealer, or other interested party.
D. A dealer, investment advisor, or qualified individual who, in good faith and exercising reasonable care, complies with this Section shall be immune from any administrative or civil liability that might otherwise arise from such delay in a disbursement.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
No claim may be brought against the adult protection agency, commissioner of securities, office of financial institutions, or the state of Louisiana in connection with receipt or response to any notice of financial exploitation.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
A. A dealer or investment advisor shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to an adult protection agency, commissioner of securities, and to law enforcement, either as part of a referral to the agency or to law enforcement, or upon request of the agency or law enforcement pursuant to an investigation.
B. The records may include historical records as well as records relating to the most recent transaction or transactions that may comprise financial exploitation of an eligible adult.
C. All records made available under this Section shall be kept strictly confidential under applicable statutory authority of the commissioner of securities or adult protection agency.
D. Nothing in this Section shall limit or otherwise impede the authority of the commissioner of securities to access or examine the books and records of dealers and investment advisors as otherwise provided by law.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
The commissioner of securities shall have the power to make such rules and regulations in accordance with the Administrative Procedure Act as he may deem necessary to carry out the provisions of this Title, including the use of a senior-specific certification or designation.
Acts 2016, No. 580, §1, eff. Jan. 1, 2017.
No person shall use in manufacturing any boot or shoe, a counter, heel, in-sole, out-sole, middle-sole or slip-sole, made in whole or in part of leather-board, straw-board, leatheroid, fibre-board, horn-fibre, pate or any other substitute for leather, without clearly, legibly, and in the English language, stamping with a metal die and in plain view, upon the outside of the out-sole of the boot or shoe, where and by whom such boot or shoe was made and what substitute for leather, if any, has been used; and in the same way designating each part where the substitute has been used, whether in the counter, heel, in-sole, middle-sole or slip-sole.
No person shall sell, offer or expose for sale, any boot or shoe with a counter, heel, in-sole, out-sole, middle-sole or slip-sole, made in whole or in part, of leather-board, straw-board, leatheroid, fibre-board, horn-fibre, pate, or any substitute for leather whatsoever, without clearly, legibly, and in the English language, stamping with a metal die in plain view, upon the outside of the out-sole of the boot or shoe, where and by whom such boot or shoe was made and what substitute for leather, if any, has been used; and in the same way designating each part where the substitute has been used, whether in the counter, heel, or in-sole, middle-sole or slip-sole.
Whoever violates this Part shall be fined not more than two hundred and fifty dollars, and in default of payment imprisoned for not more than sixty days.
Nothing in this Part shall apply to:
(1) What is commonly known as a rubber boot or shoe, or to the use of a rubber heel on a boot or shoe; or
(2) The use of steel, wood or other substance as an inside filler in the shank of a boot or shoe; or
(3) The use of cork or cement between the soles of a boot or shoe; or
(4) A retail dealer who unknowingly sells shoes which although properly stamped are in violation of this Part.
As used in this Part, the following terms have the following meanings:
(1) "Cosmetic" means either of the following:
(a) Articles intended to be applied to or introduced into the human body or any part thereof for purposes of cleansing, beautifying, promoting attractiveness, or altering appearance.
(b) Articles intended for use as a component of any articles provided for in Subparagraph (a) of this Paragraph.
(c) "Cosmetic" does not include soap.
(2) "Cosmetic animal testing" means the internal or external application or exposure of any cosmetic product, cosmetic ingredient, or nonfunctional constituent to the skin, eyes, or any other body part, organ, or extremity of a live nonhuman vertebrate.
(3) "Cosmetic ingredient" means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product as defined in 21 CFR 700.3(e) on the date of enactment of this Part.
(4) "Cosmetic product" means a finished and complete cosmetic.
(5) "Manufacturer" means any entity required to specify conspicuously its name and place of business on the label of a cosmetic in package form pursuant to 21 CFR 701.12.
(6) "Nonfunctional constituent" means any incidental ingredient as defined in 21 CFR 701.3(l) on the date of enactment of this Part.
(7) "Supplier" means any entity that provides, whether directly or through a third party, any cosmetic ingredient used by a manufacturer in the formulation of a cosmetic product.
Acts 2022, No. 712, §1.
Notwithstanding any provision of law to the contrary, it is unlawful for a manufacturer to sell or offer for sale in this state a cosmetic that utilized cosmetic animal testing during the development or manufacture of the cosmetic, if the cosmetic animal testing was conducted by the manufacturer, any supplier of the manufacturer, or any person or business hired or contracted by the manufacturer.
Acts 2022, No. 712, §1.
A. The provisions of this Part shall not apply to the following instances of cosmetic animal testing:
(1) Cosmetic animal testing conducted outside of the United States as required by a foreign regulatory authority, provided that no evidence derived from the testing was relied upon to substantiate the safety of the cosmetic ingredient or cosmetic product being sold by the manufacturer in this state.
(2) Cosmetic animal testing conducted for any cosmetic or cosmetic ingredient subject to regulation under 21 U.S.C. 351 et seq.
(3) Cosmetic animal testing conducted for a cosmetic ingredient intended to be used in a product that is not a cosmetic product and conducted pursuant to a requirement of a federal, state, or foreign regulatory authority, provided that no evidence derived from the testing was relied upon to substantiate the safety of a cosmetic sold in this state by a cosmetics manufacturer, unless all of the following apply:
(a) There is no nonanimal alternative method or strategy recognized by any federal or state agency or the Organisation for Economic Co-operation and Development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent.
(b) There is documented evidence of the noncosmetic intent of the test.
(c) There is a history of use of the ingredient outside of cosmetics at least twelve months prior to reliance.
(4) Cosmetic animal testing requested, required, or conducted by a federal or state regulatory authority if all of the following apply:
(a) There is no nonanimal alternative method or strategy recognized by any federal or state agency or the Organisation for Economic Co-operation and Development for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent.
(b) The cosmetic ingredient or nonfunctional constituent poses a risk of causing a specific substantiated human health problem and the need to conduct cosmetic animal testing is justified and supported by a detailed research protocol proposed as the basis for the evaluation of the cosmetic ingredient or nonfunctional constituent.
(c) The cosmetic ingredient or nonfunctional constituent is in wide use and, in the case of a cosmetic ingredient, cannot be replaced by another cosmetic ingredient capable of performing a similar function.
B. The provisions of this Part shall not apply to any of the following:
(1) A cosmetic in its final form, which was tested on animals before the effective date of this Part, regardless of whether the cosmetic is manufactured on or after the effective date of this Part.
(2) An ingredient in a cosmetic, which was tested on animals before the effective date of this Part, even if the ingredient is manufactured on or after the effective date of this Part.
(3) A cosmetic manufacturer reviewing, assessing, or retaining evidence from a cosmetic animal test.
Acts 2022, No. 712, §1.
No parish or political subdivision of this state shall establish or continue any prohibition on or relating to cosmetic animal testing, as defined in this Part, that is not identical to the prohibitions set forth in this Part.
Acts 2022, No. 712, §1.
A manufacturer that sells or offers for sale a cosmetic in violation of this Part commits a civil violation punishable by a fine of not more than one thousand dollars for the first day of each violation and an additional fine of five hundred dollars for each day that each violation continues.
Acts 2022, No. 712, §1.
If any provision of this Part is held invalid, or if its application to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications which can be given effect without the invalid provision or application.
Acts 2022, No. 712, §1.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 1978, No. 330, §2, eff. July 1, 1978
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
Repealed by Acts 2003, No. 139, §3, eff. May 28, 2003.
A. No person shall distribute, sell or deliver any eyeglasses or sunglasses within this state which do not meet or exceed the safety standards prescribed by the United States Department of Health, Education and Welfare.
B. Any person violating the provisions of this Section shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each violation.
Acts 1970, No. 498, §1, eff. July 1, 1972. Amended by Acts 1974, No. 445, §1.
This Part shall be known and may be cited as "Uniform Standards Code for Manufactured and Modular Housing".
Acts 1974, No. 281, §1. Amended by Acts 1982, No. 565, §1, eff. July 22, 1982; Acts 1982, No. 211, §1; Acts 1984, No. 576, §3; Acts 2001, No. 718, §2; Acts 2017, No. 221, §1.
As used in this Part, unless the context requires a different definition:
(1)(a) "Code" for manufactured housing means the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended, and federal regulations promulgated pursuant thereto, along with any construction or installation-related standards adopted by the Louisiana Manufactured Housing Commission.
(b) "Code" for modular housing means the International Residential Code as adopted by the Louisiana Uniform Construction Code Commission.
(2) "Commission" means the Louisiana Manufactured Housing Commission.
(3) "Criminal history record information" means conviction information collected by criminal justice agencies on individuals.
(4)(a) "Developer" means any person, group of persons, firm, partnership, corporation, association, company, or legal entity that sells, leases, or offers for sale or lease to the public a lot together with the sale of a manufactured home permanently installed and fixed on a foundation on the lot and designed as a single family residence. For purposes of this Part, "developer" includes "contractors" and "residential contractors" as defined in R.S. 37:2150.1.
(b) "Developer" shall not include any of the following:
(i) An individual selling his personal residence.
(ii) A real estate broker or real estate salesman retained by a person to sell a manufactured home together with a lot on which the manufactured home has been installed and fixed on a foundation.
(iii) A federally insured financial institution, its subsidiaries, or affiliates.
(5) "Distributor" means any person, firm, association, corporation, limited liability company, or trust, resident or nonresident, who in whole or in part sells or supplies manufactured housing to dealers or who maintains distributor sales representatives.
(6) "Distributor sales representative" means any officer, agent, or employee employed for the purpose of promoting the sale of manufactured housing or for supervising or contacting their dealers or prospective dealers.
(7) "Extraordinary circumstances" means a federally declared disaster, a gubernatorially declared disaster or emergency, a pandemic, or an illness or emergency medical condition.
(8) "Manufactured home" and "manufactured housing" mean a factory-built, residential dwelling unit constructed to standards and codes, as promulgated by the United States Department of Housing and Urban Development (HUD), under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended. Further, the terms "manufactured home" and "manufactured housing" may be used interchangeably and apply to structures bearing the permanently affixed seal of the United States Department of Housing and Urban Development.
(9) "Manufactured home broker" means an individual agent who acts as an intermediary or negotiator between a buyer and a seller.
(10) "Manufacturer" means any person who manufactures manufactured or modular housing.
(11) "Mobile home" means a factory-built, residential dwelling unit built to voluntary standards prior to the passage of the National Manufactured Housing Construction and Safety Standards Act of 1974. This term includes and is interchangeable with the term "house trailer", but does not include the term "manufactured home", as only manufactured homes are built to federal construction standards.
(12) "Modular home" and "modular housing" mean a factory-built, residential dwelling unit built to the International Residential Code as adopted by the Louisiana Uniform Construction Code Commission.
(13) "Person" means a natural person, association, or group of natural persons, partnership, company, corporation, institution, or legal entity.
(14) "Retailer" means any person who is engaged wholly or in part in the business of buying, selling, distributing, brokering, or exchanging an interest in a manufactured or modular home with the intent to make a profit, monetary gain, or any thing of economic value. Any person who buys, sells, distributes, brokers, or exchanges an interest in more than one such manufactured or modular home in any twelve-month period shall be presumed to be a retailer. "Retailer" shall not include any of the following:
(a) Public officers while performing their official duties.
(b) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court.
(c) Banks, finance companies, or other loan agencies whose principal place of business is in Louisiana that acquire manufactured housing as an incident to their regular business.
(d) A developer, or a contractor licensed as a developer under the provisions of R.S. 51:911.24, or a real estate broker or real estate salesman retained by a person to sell a manufactured home together with immovable property on which the manufactured home is located.
(e) A manufactured housing community or park owner that sells less than three manufactured homes in a twelve-month period, provided the community or park owner has owned and leased the manufactured home being sold for more than one year.
(15) "Salesman" means any person employed by a retailer or developer for purposes of selling manufactured or modular housing to the public.
(16) "Seal" or "label" means the permanently affixed device or insignia issued by the United States Department of Housing and Urban Development (HUD) or other authority having jurisdiction that is displayed on the exterior of a factory-built manufactured or modular home, certifying that the home is in compliance with the applicable Code.
(17) "Transporter" means an individual who transports a manufactured or modular home to a site of installation but does not perform any blocking or anchoring of the home, except a transporter is allowed to put blocks under the hitch on the tongue of the frame.
Acts 1974, No. 281, §1; Acts 1979, No. 589, §1; Acts 1981, No. 895, §1; Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 1982, No. 565, §1, eff. July 22, 1982. Acts 1984, No. 576, §1 and §2; Acts 1984, No. 577, §1; Acts 1985, No. 275, §1; Acts 1987, No. 425, §1; Acts 2001, No. 718, §2; Acts 2002, 1st Ex. Sess., No. 82, §1, eff. April 18, 2002; Acts 2003, No. 661, §1; Acts 2004, No. 419, §1, eff. July 1, 2004; Acts 2007, No. 441, §1; Acts 2008, No. 825, §1; Acts 2010, No. 1018, §1; Acts 2017, No. 221, §1; Acts 2021, No. 29, §2; Acts 2023, No. 349, §1.
NOTE: See Acts 1984, No. 576, §3.
All new manufactured or modular homes, as defined in R.S. 51:911.22, which are sold or offered for sale in this state shall be in compliance with the Code and the requirements of this Part.
Acts 1974, No. 281, §1. Amended by Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 1986, No. 654, §1; Acts 1997, No. 162, §1; Acts 2001, No. 718, §2; Acts 2010, No. 1018, §1; Acts 2012, No. 112, §1.
A.(1) No manufacturer, retailer, or salesman within or without this state shall sell or offer for sale in Louisiana any mobile home, modular home, or manufactured housing unless he has obtained a valid manufacturer's, retailer's, or salesman's license, whichever is applicable, from the commission as provided in this Part.
(2) No developer shall sell or offer for sale to the public any manufactured or modular home unless he has obtained a license from the commission, as provided in this Part. No employee of a developer shall offer manufactured or modular housing for sale to the general public without first obtaining a salesman license or being a licensed real estate agent.
(3) No manufacturer within or without this state shall sell or offer for sale to a person any manufactured or modular housing for resale to the public unless the person has obtained a valid retailer's or developer's license from the commission as provided in this Part.
(4) A license shall be issued when the requirements of this Part are met as herein provided.
(5) The commission may, by rule and regulation promulgated in accordance with the Administrative Procedure Act, provide for staggered renewal and collection of the annual license fees imposed under R.S. 51:911.28.
(6) No retailers or developers shall offer for sale to the public any new manufactured or modular home unless the manufacturer of the home has obtained a valid manufacturer's license.
B. Application for a manufacturer's license shall be made upon the form prescribed by the commission and shall contain all of the following:
(1) The name and address of the applicant.
(2) The name and address of each partner if the applicant is a partnership.
(3) The names of the principal officers and the state in which incorporated, if the applicant is a corporation.
(4) The place or places where the applicant's business is to be conducted.
(5) Such other reasonable information as may be required by the commission.
C.(1) No retailer's, developer's, or salesman's license shall be issued to any person who has not attained the age of eighteen years.
(2) Each applicant for an original retailer's license or an original developer's license shall have first served actively for one year as a salesman or shall have purchased an existing licensed retail dealership.
(3) All retailers and developers are required to have at least one licensed salesman.
D. Every application for license shall be verified by the oath or affirmation of the applicant if an individual or if the applicant is a partnership or corporation, by a partner or officer thereof. The applications for licenses shall be in such form and detail as the commission shall prescribe, setting forth the following:
(1) The name and address of the applicant and the name under which he intends to conduct business.
(2) The place or places, including the city or village with the street and street number, if any, where the business is to be conducted.
(3) Such other information as the commission may require.
(4) A list of all directors and officers and shareholders with more than twenty percent interest if said applicant is a corporation or a list of all principals if the applicant is a partnership.
E. A license shall be granted only to a person who bears a good reputation for honesty, trustworthiness, integrity, and competence to transact business in such a manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. If an applicant for a license is a partnership or a corporation, the qualifications of each member of a partnership or officer of a corporation may be considered by the commission in issuing or refusing to issue a license.
F. The commission may, after giving the applicant notice and opportunity for a hearing as provided for in this Part, refuse to issue a license when it is satisfied that the applicant has done one of the following:
(1) Made a false statement of a material fact in his application.
(2) Been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or theft, or has been convicted of a felony or a crime involving moral turpitude in any court of competent jurisdiction.
(3) Has no established place of business which is used or will be used for the purpose of selling, displaying, and offering for sale or dealing in manufactured housing.
(4) Is violating the provisions of this Part.
G.(1) Any manufacturer or retailer before removing any one or more of his places of business or opening any additional place of business shall apply to the commission and obtain a separate license for each place of business to which he intends to move and for each additional place of business and pay the applicable fee, as provided in this Part, for each place of business to which he moves and for each additional place of business.
(2) A licensed salesman transferring employment from one retailer to another retailer shall apply to the commission for a transfer of his salesman's license within fifteen days after the date of his transfer of employment and shall pay the applicable fee as provided in this Part. The application for transfer shall be in a form prescribed by the commission.
H.(1) Except as provided in Paragraph (2) of this Subsection, beginning January 1, 1983, every license issued under this Part shall be issued annually and shall expire on December thirty-first following the date upon which it was issued. Each such license issued shall be renewed annually, and failure to apply for a renewal license by January first of the ensuing license period shall automatically suspend such license until a renewal license is applied for. During the period of suspension any practice by the licensee under the color of such license shall be deemed a violation of this Part. Applications made during the period of suspension shall require the payment of a fee equal to twice the amount of the license renewal fee as set forth in R.S. 51:911.28. Failure to obtain renewal license within twelve months after the date of suspension shall automatically revoke such license. Renewal of a retailer's license shall require such retailer to certify that he has maintained a record of providing satisfactory service to consumers.
(2) Beginning January 1, 1992, the commission may, by rule and regulation promulgated in accordance with the Administrative Procedure Act, provide for staggered renewal and collection of the annual license fees imposed under R.S. 51:911.28. Any rule and regulation promulgated under the provisions of this Paragraph providing for the staggered issuance and renewal of a license shall require that the license be renewed twelve months after issuance annually, and failure to apply for such renewal license shall automatically suspend such license until a renewal license is applied for. During the period of suspension any practice by the licensee under the color of such license shall be deemed a violation of this Part. Applications made during the period of suspension shall require the payment of a fee equal to twice the amount of the license renewal fee as set forth in R.S. 51:911.28. Failure to obtain renewal license within twelve months after the date of suspension shall automatically revoke such license. Renewal of a retailer's license shall require such retailer to certify that he has maintained a record of providing satisfactory service to consumers.
I.(1) The commission shall have the authority to request and obtain from the Department of Public Safety and Corrections, Bureau of Criminal Identification and Information, hereinafter referred to as the "bureau", criminal history record information as defined in R.S. 51:911.22 on any person applying for any license which the commission is authorized by law to issue and shall pay a fee as specified in R.S. 15:587.
(2) The applicant shall submit fingerprints and other identifying information to the commission, which shall then submit such information to the bureau, and the bureau shall, upon request of the commission and after receipt of the fingerprint card and other identifying information from the commission, make available to the commission all arrest and conviction information contained in the bureau's criminal history record and identification files which pertain to the applicant.
(3) The commission shall have the authority to charge and collect from an applicant for any license which the board is authorized to issue, in addition to all other applicable fees and costs, such amount as may be incurred by the commission in requesting and obtaining criminal history record information on the applicant.
(4) An unlicensed salesman may work under a properly licensed dealer or developer, only while his license application is pending before the commission, if the managing dealer or developer supervises the unlicensed salesman.
J.(1) All retailers and developers shall annually take a commission-approved continuing education course. The individual required to attend the continuing education course is the individual license holder; for corporations, an officer or manager; for partnerships, a partner or manager. The commission shall set the educational requirements and approve providers and the course materials for all continuing education classes. The commission shall have the authority to suspend these continuing education requirements, for one or more licensees, if the commission, in its discretion, determines such action is warranted due to extraordinary circumstances.
(2) All retailers and developers shall provide annually along with the license application a surety bond in the amount of fifty thousand dollars or post a fifty thousand dollar irrevocable letter of credit with the commission.
(3) Any person applying for an original retailer's license or an original developer's license after January 1, 2004, shall submit a financial statement prepared by an independent third-party accounting firm evidencing a minimum net worth of two hundred fifty thousand dollars or post a two hundred fifty thousand dollar surety bond, annually until the required net worth is achieved, with the commission. Further, each of these persons shall take a class and pass an accompanying test prior to receiving his original license. The commission shall develop the class and test. The fee for the retailer and developer class and test shall be set by rule and shall not exceed one hundred dollars.
K. Repealed by Acts 2017, No. 221, §2.
L. The commission shall require that retailers, developers, transporters, and installers show proof of continued and ongoing general liability insurance coverage of at least one hundred thousand dollars. Manufacturers shall be required to show proof of continued and ongoing liability insurance coverage of at least one million dollars.
Acts 1974, No. 281, §1; Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 1982, No. 565, §1, eff. July 22, 1982; Acts 1984, No. 577, §1; Acts 1984, No. 731, §1; Acts 1987, No. 499, §1; Acts 1991, No. 593, §1; Acts 1997, No. 160, §§1, 2; Acts 2000, 1st Ex. Sess., No. 92, §§1, 2; Acts 2001, No. 718, §2; Acts 2002, 1st Ex. Sess., No. 82, §1, eff. April 18, 2002; Acts 2003, No. 661, §1; Acts 2004, No. 419, §1, eff. July 1, 2004; Acts 2007, No. 441, §1; Acts 2008, No. 825, §1; Acts 2017, No. 221, §§1, 2; Acts 2021, No. 29, §2; Acts 2023, No. 349, §1; Acts 2024, No. 480, §1.
A.(1) In the event that a retailer ceases to do business with a manufacturer due to any of the following: the manufacturer refuses to honor an agreed upon sales territory; the manufacturer refuses to pay warranty claims within sixty days or perform major warranty work beyond the scope expected of a retailer within sixty days; or the manufacturer can no longer deliver the product requested by the retailer in a reasonable and timely manner, then after notice thereof to the manufacturer by registered or certified mail return receipt requested within thirty days thereafter, the manufacturer, at a minimum, shall repurchase all new and unused manufactured homes of the current or immediately prior model year and parts on hand that have not been damaged or substantially altered to the prejudice of the manufacturer while in the possession of the retailer and all required demonstrators.
(2) The manufacturer shall make the required repurchase after the retailer terminates his franchise, sales, or other contractual agreement and within sixty days of the submission by the retailer to the manufacturer, by registered or certified mail return receipt requested, of a final inventory of manufactured homes and parts on hand.
(3) Failure to make said repurchase without just cause shall subject the manufacturer to a penalty of one and one-half percent per month or fraction thereof of the inventory value of returnable manufactured homes and parts, payable to the retailer, as long as said repurchase is not made.
B. Any warranty work performed by a manufactured home retailer pursuant to a manufacturer's warranty shall be reimbursed by the manufacturer within sixty days of invoicing for such services at a labor rate equal to but not in excess of the labor rate in effect at that retail dealership at the time that the warranty work is performed. The reimbursement amount shall also include reasonable costs for parts and mileage related to the performance of such warranty work.
C. Notwithstanding the terms of any franchise, sales, or other contractual agreement, each manufacturer shall indemnify and hold harmless its retailers against any judgment for damages, including but not limited to court costs and reasonable attorney fees of the retailer, arising out of complaints, claims, or lawsuits including but not limited to strict liability, negligence, misrepresentation, express or implied warranty, or rescission of sale to the extent that the judgment arises out of alleged defective or negligent manufacture, assembly, or design of manufactured homes, parts, or accessories or other functions of the manufacturer, which are beyond the control of the retailer.
D. Prior to making a change in the area of responsibility described in the franchise, sales, or other contractual agreement or sales and service agreement of a retailer, the franchisor or manufacturer shall give said retailer no less than sixty days prior written notice by certified or registered mail.
Acts 1997, No. 907, §1; Acts 2001, No. 718, §2.
Repealed by Acts 2012, No. 112, §2.
A.(1) The Louisiana Manufactured Housing Commission is hereby created. The commission shall be composed of seven members, with at least one member appointed from each Public Service Commission district and two at-large members, all appointed by the governor with the consent of the Senate as provided in this Section.
(2) Three members shall be appointed by the governor from a list of six individuals submitted by the Louisiana Manufactured Housing Association or its successor. Each nominee shall have a minimum of five years of industry experience as a manufacturer, retailer, or installer as provided in this Part or Part XIV-B1 of this Chapter.
(3) Repealed by Acts 2017, No. 221, §2.
B.(1) The term of office of each commissioner shall be coterminous with that of the governor making his appointment, and each commissioner shall serve until his successor is appointed and qualified. However, the term of office of any member appointed from within a specific Public Service Commission district as provided in this Paragraph shall automatically expire if that member moves out of the Public Service Commission district. If a commissioner misses more than three meetings in a twelve-month period, the commissioner's term shall be declared vacant. In the event of any vacancy, whether by death, resignation, removal, expiration of term, or otherwise, the vacancy shall be filled for the unexpired portion of the term in the manner in which the original appointment was made.
(2) The commission shall meet at Baton Rouge and complete its organization immediately after the entire membership has been appointed. The commission shall elect a chairman and vice chairman at its organizational meeting and as needed thereafter as determined by a majority of the commission.
(3) The chairman and each member of the commission shall take and subscribe to the oath of office required of public officers.
(4) When dealing with commission matters, a commissioner may recuse himself in the event of a real or perceived conflict of interest.
C. The chairman and members of the commission shall receive seventy-five dollars for each and every day actually and necessarily spent in attending meetings of the commission, including any commission committee meetings, and shall be reimbursed for subsistence and traveling expenses incurred in the performance of their duties as provided by the travel regulations issued by the commissioner of administration. Such meeting payments shall not exceed the sum of five thousand dollars per annum to any one person within a calendar year.
D.(1) The commission may hire a qualified person to serve as executive director who shall have had sufficient management and organizational experience to direct the day-to-day operations of the commission. The commission shall fix the salary and shall define and prescribe the duties of the executive director.
(2) The executive director shall be in charge of the commission's office and shall devote such time as directed by the commission to fulfill the duties thereof.
(3) The commission may employ such clerical, technical, legal, and other help and incur such expenses as may be necessary for the proper discharge of its duties as provided in this Part and Part XIV-B of this Chapter.
(4) The commission shall maintain its office and transact its business in Baton Rouge and is authorized to adopt and use a seal.
E. The commission is hereby vested with the powers and duties necessary and proper to enable it to fully and effectively carry out and enforce the provisions and objectives of this Chapter, and is hereby authorized and empowered to make and enforce all reasonable rules and regulations and to adopt and prescribe all forms necessary to accomplish said purpose. The enumeration of any power or authority herein shall not be construed to deny, impair, disparage, or limit any others necessary to the attainment thereof. All rules and regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act. Oversight review shall be conducted by the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs.
F. The powers and duties of the commission shall include but are not limited to the following:
(1) Licensing of manufacturers, retailers, developers, salesmen, transporters, and installers as provided in this Part and Part XIV-B of this Chapter.
(2) Inspecting a reasonable sample of installations of manufactured and modular homes within this state to ensure compliance with state and federal standards.
(3) Working with consumers, manufacturers, retailers, developers, salesmen, transporters, and installers to hear complaints and make determinations relating to construction defects, warranty issues, service complaints, and other matters which are not set forth pursuant to 24 CFR Part 3280 and 24 CFR Part 3282.
(4) Establishing an alternative dispute resolution process for manufactured and modular home consumers in Louisiana. The commission may charge a reasonable fee to defray the cost of establishing the alternative dispute resolution process.
(5) Requiring all licensees to maintain their records for a period of three years and to keep their records open to inspection by any authorized employee of the commission during reasonable hours.
(6) Holding and conducting hearings on any violation of the provisions of this Part or Part XIV-B of this Chapter and on the imposition of a civil penalty, fine, suspension, or revocation for any such violation.
(7) The ability to issue cease and desist orders, and to subpoena individuals and records as it deems necessary.
(8) The ability to take action against any licensee that hires an individual that has been found to be in violation of the law and has a license that is either suspended or revoked.
(9) Review and approve continuing education course work, required under this Part or Part XIV-B of this Chapter, offered in other states, if the other state allows for reciprocity of Louisiana continuing education course work.
(10) The authority to establish a mandatory uniform written transportation and installation contract that is required to be used by all transporters and installers when moving or installing a manufactured or modular home in this state. Transporters and installers shall be required to give their customers a copy of the contract, itemizing all services being provided and the cost associated with those services, prior to beginning work or moving a home. These records shall be maintained for at least three years and shall be made available to the commission for inspection. Transporters who are only passing through the state or are delivering a home from a manufacturer to a licensee of the commission are not required to comply with the provisions of this Paragraph. The commission has the authority to promulgate rules and regulations in accordance with the Administrative Procedure Act in order to implement the provisions of this Paragraph.
(11) The authority to adopt rules governing the repairs or renovations of manufactured homes.
(12) Conducting meetings by remote access.
G. All expenses incurred by the commission in carrying out the provisions of this Part including but not limited to per diem, wages, salaries, rent, postage, supplies, bond premiums, travel and subsistence for the commissioners and the executive director, printing, and utilities shall be proper charges against the fund.
H. The commission shall, in addition to the powers herein conferred, be constituted a body politic or political corporation, invested with the powers inherent in corporations. It may sue and be sued under the style of the Louisiana Manufactured Housing Commission, and all process against the corporation shall be served on the chairman or executive director, and all suits on behalf of the commission shall be brought by the chairman or his designee. The domicile for the purpose of being sued shall be in East Baton Rouge Parish. Service of process shall be made upon the chairman or upon the executive director of the commission in person. No member of the board shall be held liable as an individual in any suit against the board.
I. Repealed by Acts 2007, No. 441, §2.
J. Repealed by Acts 2017, No. 221, §2.
Acts 2001, No. 718, §2; Acts 2003, No. 183, §8; Acts 2003, No. 661, §1; Acts 2004, No. 419, §1, eff. July 1, 2004; Acts 2007, No. 441, §2; Acts 2008, No. 825, §1; Acts 2008, No. 831, §4, eff. July 1, 2008; Acts 2010, No. 1018, §1; Acts 2017, No. 221, §§1, 2; Acts 2023, No. 349, §1.
1 In par. (A)(2), Part XIV-B, "Minimum Standards for Installation of Manufactured Homes," see R.S. 51:912.21 et seq.
2 In subsec. E, Administrative Procedure Act, see R.S. 49:950 et seq.
Repealed by Acts 2001, No. 718, §4.
A. The commission shall impose and collect the following schedule of fees:
(1) Original manufacturer's license $ 250.00
(2) Manufacturer's renewal license $ 250.00
(3) Original retailer's license $ 150.00
(4) Retailer's renewal license $ 150.00
(5) Original salesman's license $ 50.00
(6) Salesman's renewal license $ 50.00
(7) Transfer of salesman's license $ 5.00
(8) Retailer's branch office license $ 75.00
(9) Developer's original or renewal license $ 150.00
(10) Repealed by Acts 2017, No. 221, §2.
B. All fees or fines collected under the provisions of this Part or Part XIV-B of this Chapter shall be collected and received by the executive director of the commission and, upon receipt, shall be deposited by him into the state treasury and, after compliance with the provisions of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, shall be credited to the Louisiana Manufactured Housing Commission Fund which is hereby created as a special fund in the state treasury. Monies in the Louisiana Manufactured Housing Commission Fund shall be appropriated by the legislature for use solely for the purposes of the activities of the commission in implementing and enforcing the provisions of this Part and Part XIV-B of this Chapter.
C. Repealed by Acts 2003, No. 661, §2.
Acts 1974, No. 281, §1. Amended by Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 1984, No. 577, §1; Acts 1984, No. 731, §1; Acts 1992, No. 984, §16; Acts 2001, No. 718, §2; Acts 2003, No. 661, §§1 and 2; Acts 2017, No. 221, §2.
The provisions of Chapter 7 of Title 32 of the Louisiana Revised Statutes of 1950 relative to inspections shall not apply to manufactured or modular housing.
Acts 1974, No. 281, §1. Amended by Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 2001, No. 718, §2; Acts 2017, No. 221, §1.
A serial number shall be stamped by the manufacturer on the header plate or front cross member of the frame so that it can be easily read. It may not contain more than fifteen digits. Any multiple units shall contain the same serial number with letters of the alphabet designating that each is a different separate unit. Starting with the letter "A", each unit addition shall be in alphabetical order. The letter shall be stamped at the end of the serial number.
Acts 1974, No. 281, §1. Amended by Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 1997, No. 161, §1; Acts 2001, No. 718, §2; Acts 2017, No. 221, §1.
Repealed by Acts 1976, No. 125, §1
A.(1) The commission is charged with the adoption, administration, and enforcement of manufactured housing construction and safety standards and any other rules and regulations necessary for the administration and enforcement of this Part which are not set forth pursuant to 24 CFR Part 3280 and CFR Part 3282, Subpart I.
(2) The commission may adopt, pursuant to the Administrative Procedure Act, such rules and regulations as are necessary to enforce the standards promulgated under this Section and any other rules and regulations necessary for the administration and enforcement of this Part not inconsistent with the provisions of this Part.
(3) For the performance of duties required under the provisions of this Part including but not limited to the inspections necessary to administer and enforce the standards, rules, or regulations adopted under this Subsection, the commission may adopt fees of not more than fifty dollars per inspection and not more than twenty-five dollars per hour for services performed in conducting the inspections.
B. The commission may contract for professional services and may hire employees as it deems necessary for the performance of its functions required or authorized by the provisions of this Part, to the extent that funds are available therefor. To the extent practicable, and not inconsistent with civil service requirements, the commission may utilize for the administration and enforcement of this Part the services of its assistants, deputies, counsel, officers, and employees whose appointment, contract, or employment is authorized by other laws.
C. Except as otherwise provided in this Part, the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950 shall apply to the administration and enforcement of this Part.
D. Any person who interferes with, obstructs, or hinders the commission or its authorized representative in the performance of the duties or exercise of powers as set forth in the provisions of this Part shall upon conviction be fined not more than five hundred dollars or imprisoned for not more than six months.
E. The commission or its authorized representatives may enter any place, establishment, or location where manufactured or modular homes are manufactured, sold, offered for sale, transported, or installed for the purpose of ascertaining whether the requirements of the Code and of this Part and Part XIV-B of this Chapter, and the rules and regulations of the commission, have been or are being complied with.
Acts 1974, No. 281, §1. Amended by Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 1984, No. 575, §1, eff. July 12, 1984; Acts 2000, 1st Ex. Sess., No. 92, §1; Acts 2001, No. 718, §2; Acts 2008, No. 825, §1; Acts 2017, No. 221, §1.
Every person licensed by the commission domiciled outside of the state of Louisiana who does not maintain an office or place of business in Louisiana and who does not have any other agent designated for service of process shall by his application for a license appoint the secretary of state of Louisiana as his agent for service of process in an action or proceeding on a cause of action related to the business activity of such license.
Acts 1974, No. 281, §1; Acts 2001, No. 718, §2.
A. Whenever it appears that a person is violating or is threatening to violate the Code or a provision of this Part, Part XIV-B of this Chapter, or any rule or regulation adopted and promulgated by the commission in accordance with the Administrative Procedure Act, the commission shall bring suit to restrain that person from continuing the violation or from carrying out the threat.
B. Venue is permissible in the district court in the parish of the residence of any one of the defendants or in the parish where the violation is alleged to have occurred or is threatened or in the Nineteenth Judicial District Court for the parish of East Baton Rouge.
C. In the suit, the commission may obtain injunctions, prohibitory and mandatory, including temporary restraining orders and preliminary injunctions, as the facts warrant, including, when appropriate, injunctions restraining a person from moving or disposing of a manufactured home that is subject to the requirements of this Part, Part XIV-B of this Chapter, or any rule or regulation adopted and promulgated by the commission in accordance with the Administrative Procedure Act, or to restrain a person from engaging in any business for which a license has been or should be issued under this Part or Part XIV-B of this Chapter. Any such manufactured home may, in the court's discretion, be ordered impounded or placed under the control of an agent appointed by the court.
D. All costs incurred by the commission, including reasonable attorney fees, may be borne by the person or licensee who has been enjoined, or found in violation of the provisions of the Code, or any provision of this Part or Part XIV-B of this Chapter, or any rule or regulation adopted and promulgated by the commission in accordance with the Administrative Procedure Act.
Acts 1974, No. 281, §1. Amended by Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 2001, No. 718, §2; Acts 2008, No. 825, §1.
If the commission fails to bring suit within ten days to restrain a violation as provided in R.S. 51:911.34, any person in interest adversely affected by the violation who has notified the commission in writing of the violation or threat thereof and has requested it to sue, may bring suit to prevent any or further violations, in the district court of any parish in which the commission could have brought suit. If the court holds that injunctive relief should be granted, the commission shall be made a party and shall be substituted for the person who brought the suit and the injunctions shall be issued as if the commission had at all times been the complaining party.
Acts 1974, No. 281, §1; Acts 2001, No. 718, §2.
A. Whenever in the opinion of the commission the Code or the requirements of this Part or Part XIV-B of this Chapter are being violated, it may conduct hearings to investigate and determine whether the violation has occurred or is occurring and may issue orders prohibiting such violation and requiring compliance with the Code and the provisions of this Part or Part XIV-B of this Chapter.
B. All costs incurred by the commission, including reasonable attorney fees, may be borne by the person or licensee who has been found in violation of the provisions of the Code, or any provision of this Part or Part XIV-B of this Chapter, or any rule or regulation adopted and promulgated by the commission in accordance with the Administrative Procedure Act.
Acts 1974, No. 281, §1. Amended by Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 2001, No. 718, §2; Acts 2017, No. 221, §1.
Repealed by Acts 2001, No. 718, §4.
After prior notice and hearing, the commission may suspend or revoke the license of any manufactured or modular home licensee licensed pursuant to the provisions of this Part or Part XIV-B of this Chapter for violations of the Code or the manufactured or modular home provisions of this Part or Part XIV-B of this Chapter. The notice, hearing, and actions as prescribed in this Section shall be governed by the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950, and particularly R.S. 49:977.3(C) relative to emergency action.
Acts 1974, No. 281, §1; Acts 2001, No. 718, §2; Acts 2017, No. 221, §1.
A. Whoever is found guilty of violating the Code or any manufactured or modular housing provision of this Part, Part XIV-B of this Chapter, any rule, or any regulation or final order issued thereunder shall be liable to the state of Louisiana through the commission for a civil penalty not in excess of two thousand five hundred dollars for each violation. If the commission determines a violation was intentional or the violator is a habitual offender, the commission may double the civil penalty up to five thousand dollars for each violation. Each violation constitutes a separate violation with respect to each manufactured or modular home, or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty shall not exceed one million dollars for any related series of violations occurring within one year from the date of the first violation.
B. Any individual or director, officer, or agent of a corporation who knowingly and willingly violates any provision of the Code or of this Part, Part XIV-B of this Chapter, or any applicable rule or regulation issued thereunder in a manner which threatens the health and safety of any purchaser shall be fined not more than one thousand dollars or imprisoned not more than one year, or both.
Acts 1974, No. 281, §1. Amended by Acts 1979, No. 589, §1; Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 2001, No. 718, §2; Acts 2003, No. 661, §1; Acts 2017, No. 221, §1.
If any provision or item of this Part or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Part that can be given effect without the invalid provision, item or application and to this end the provisions of this Part are hereby declared severable.
Acts 1974, No. 281, §1.
Notwithstanding any provision of law to the contrary, the codes and standards referenced in R.S. 51:911.21 et seq. and 912.21 et seq. and those adopted by the commission shall be the only construction and installation standards used for manufactured or modular housing in Louisiana, and these standards shall preempt all local standards as they relate to the construction and installation of manufactured or modular homes in Louisiana.
Acts 1974, No. 281, §1. Amended by Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 2004, No. 419, §1, eff. July 1, 2004; Acts 2017, No. 221, §1.
Repealed by Acts 2008, No. 825, §2.
Each licensee shall establish and maintain such records, make such reports, and provide such information as the commission may reasonably require in order to be able to determine whether such licensee has acted or is acting in compliance with the Code and the manufactured or modular housing provisions of this Part, Part XIV-B of this Chapter, or any rule or regulation adopted by the commission. Upon request of the commission, each licensee shall permit the commission or its representative to inspect appropriate books, papers, records, and documents relevant to determining whether the licensee has acted or is acting in compliance with the provisions of this Part, Part XIV-B of this Chapter, or any rule, as well as any regulation or order issued thereunder.
Added by Acts 1979, No. 589, §2. Amended by Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 2001, No. 718, §2; Acts 2017, No. 221, §1.
Repealed by Acts 2008, No. 825, §2.
Repealed by Acts 1997, No. 1116, §2 and No. 1294, §6, eff. July 15, 1997.
It is unlawful for a retailer or developer to set forth in any retail installment sales contract, chattel mortgage, or security agreement any down payment unless all of the down payment has actually been received by the retailer or developer at the time of execution of such document. If any part of the down payment is represented by a loan, trade-in, or any consideration other than cash, this fact shall be expressly set forth on the retail installment sales contract, chattel mortgage, or security agreement. No amount of the cash down payment shall be from any rebate or other consideration received by or to be given to the consumer from the retailer or developer, or his respective agent.
Acts 1986, No. 808, §1; Acts 1997, No. 1116, §2; Acts 1997, No. 1294, §6, eff. July 15, 1997; Acts 2001, No. 718, §2; Acts 2017, No. 221, §1.
A. Notwithstanding the provisions of R.S. 40:1730.21 et seq. and 1730.51 et seq. to the contrary, a licensed dealer or developer shall be allowed to use a manufactured and modular home model to conduct only manufactured and modular home sales-related activity at the location of sales of manufactured and modular homes. Manufactured and modular home sales-related activity includes but is not limited to executing contracts, making copies or phone calls, showing manufactured and modular home models, or engaging in any other sales-related activity.
B. The licensed dealer or developer shall also adhere to the following requirements:
(1) There shall be no overnight sleeping in the manufactured or modular home.
(2) The manufactured or modular home shall be properly installed in accordance with applicable federal and state statutes, rules, regulations, and codes.
Acts 2023, No. 349, §1.
Repealed by Acts 1997, No. 163, §1.
The legislature finds a need to promote commerce in Louisiana by providing clear, concise, and mandatory warranties for the purchasers and occupants of new manufactured and modular homes in Louisiana and by providing for the use of homeowners' insurance as additional protection for the public against defects in the construction of new manufactured and modular homes. This need can be met by providing a warranty for a new manufactured or modular home purchaser defining the responsibility of the builders to that purchaser and subsequent purchasers during the warranty periods provided herein. The warranty, which is mandatory in most cases, shall promote uniformity of defined building standards. Additionally, all provisions of this Part shall apply to any defect, although there is no building standard directly regulating the defective workmanship or materials.
Acts 2012, No. 112, §1.
This Part shall be known and may be cited as the "New Manufactured and Modular Home Warranty Act".
Acts 2012, No. 112, §1.
For purposes of this Part, the following words, phrases, and terms are defined and construed as follows:
(1) "Builder" means the dealer who sold the home, the manufacturer who constructed the home or any section of the home if it is a multi-section home, the installer who installed the home, any person or entity that designed, manufactured, or constructed the home, whether or not the consumer purchased the underlying real estate with the home or the builder initially occupied the home as his residence, or any person or entity licensed by the commission.
(2)(a) "Building standards" for manufactured housing means the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended, and federal regulations promulgated pursuant thereto, along with any construction or installation-related standards adopted by the Louisiana Manufactured Housing Commission, together with any additional performance standards, if any, which the builder may undertake to be in compliance.
(b) "Building standards" for modular housing means the International Residential Code as adopted by the Louisiana Uniform Construction Code Commission.
(3) "Commission" means the Louisiana Manufactured Housing Commission.
(4) "Home" means a manufactured home or modular home as defined in this Section.
(5) "Initial purchaser" means any person for whom a home is built or the first person to whom a home is sold upon completion of construction.
(6) "Major structural defect" means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions to the extent the home becomes unsafe, unsanitary, or is otherwise unlivable:
(a) Foundation systems and footings.
(b) Beams.
(c) Girders.
(d) Lintels.
(e) Columns.
(f) Walls and partitions.
(g) Floor systems.
(h) Roof framing systems.
(7) "Manufactured home" or "manufactured housing" means a factory-built, residential dwelling unit constructed to standards and codes, as promulgated by the United States Department of Housing and Urban Development, under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended. Further, the terms "manufactured home" and "manufactured housing" may be used interchangeably and apply to structures bearing the permanently affixed seal of the United States Department of Housing and Urban Development.
(8) "Modular home" means a factory-built, residential dwelling unit built to the International Residential Code as adopted by the Louisiana Uniform Construction Code Commission.
(9) "Owner" means the initial purchaser of a home and any of his successors in title, heirs, invitees, or assigns to a home during the time the warranties provided under this Part are in effect.
(10) "Warranty commencement date" means the date that legal title to a home is conveyed to its initial purchaser or the date the home is first occupied, whichever occurs first.
Acts 2012, No. 112, §1; Acts 2017, No. 221, §1; Acts 2021, No. 29, §2.
A. Subject to the exclusions provided in Subsection B of this Section, every builder warrants the following to the owner:
(1) One year following the warranty commencement date, the home will be free from any defect due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards.
(2) Two years following the warranty commencement date, the plumbing, electrical, heating, cooling, and ventilating systems exclusive of any appliance, fixture, and equipment will be free from any defect due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards.
(3) Five years following the warranty commencement date, the home will be free from major structural defects due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards.
B. Unless the parties otherwise agree in writing, the builder's warranty shall exclude the following items:
(1) Fences, landscaping, including but not limited to sodding, seeding, shrubs, existing and new trees, and plantings, as well as off-site improvements, all driveways and walkways, or any other improvement not a part of the home itself.
(2) After the first year, the concrete floor of a basement and the concrete floor of an attached or unattached garage that is built separate from a foundation wall or other structural element of the home.
(3) Damage to real property which is not part of the home covered by the warranty and which is not included in the purchase price of the home.
(4) Any damage to the extent it is caused or made worse by any of the following:
(a) Negligence, improper maintenance, neglect, or improper operation by anyone other than the builder or any employee, agent, or subcontractor of the builder.
(b) Failure by anyone other than the builder or any employee, agent, or subcontractor of the builder to comply with the warranty requirements of manufacturers of appliances, equipment, or fixtures.
(c) Failure by the owner to give written notice by registered or certified mail to the commission of any defect within the time set forth in this Section; however, the provisions of this Subparagraph shall not be construed to change either the warranty periods enumerated in Subsection A of this Section or the notice requirements provided by this Section.
(d) Any change of the grading of the ground by anyone other than the builder, or any employee, agent, or subcontractor of the builder.
(e) Any change, alteration, or addition made to the home by anyone after the initial occupancy by the owner, except any change, alteration, or addition performed by the builder or any employee, agent, or subcontractor of the builder.
(f) Dampness, condensation, or other damage due to the failure of the owner to maintain adequate ventilation or drainage.
(5) Any loss or damage which the owner has not taken timely action to minimize.
(6) Any defect in, or any defect caused by, materials or work supplied by anyone other than the builder or any employee, agent, or subcontractor of the builder.
(7) Normal wear and tear or normal deterioration.
(8) Loss or damage which does not constitute a defect in the construction of the home by the builder or any employee, agent, or subcontractor of the builder.
(9) Loss or damage resulting from war, accident, riot and civil commotion, water escape, falling objects, aircraft, vehicles, acts of God, lightning, windstorm, hail, flood, mudslide, earthquake, volcanic eruption, wind-driven water, and changes in the level of the underground water table which are not reasonably foreseeable.
(10) Any damage caused by soil movement which is covered by other insurance.
(11) Insect damage.
(12) Any loss or damage which arises while the home is being used primarily for a nonresidential purpose.
(13) Any condition which does not result in actual physical damage to the home.
(14) Bodily injury or damage to personal property.
(15) Any cost of shelter, transportation, food, moving, storage, or other incidental expense related to relocation during repair.
(16) Any defect not reported in writing by registered or certified mail to the commission or insurance company, as appropriate, prior to the expiration of the period specified in Subsection A of this Section for such defect plus thirty days.
(17) Consequential damages.
(18) Any loss or damage to a home caused by soil conditions or soil movement if the home is constructed on land owned by the initial purchaser and the builder obtains a written waiver from the initial purchaser for any loss or damage caused by soil conditions or soil movement.
(19) Mold and mold damage.
C. The provisions of Subsection A of this Section establish minimum required warranties and shall not be waived by the owner or reduced by the builder provided the home is a single- or multiple-family dwelling to be occupied by an owner as his home.
Acts 2012, No. 112, §1.
A. Before undertaking any repair himself or instituting any action for breach of warranty, the owner shall give the commission written notice on each individual home that is defective by filling out the consumer complaint form provided by the commission and submitting it by registered or certified mail within one year after knowledge of the defect, advising the commission of all defects in the individual home. The commission shall then have the individual home inspected and a determination made on all defects listed by the owner. Thereafter, the commission shall give the appropriate builder a reasonable opportunity to comply with the provisions of this Part. Once the repairs are made, the commission shall have the home reinspected to determine if the repairs have been made in compliance with the building standards.
B. The dealer or developer licensee shall give the owner written notice of the requirements of this Part at the time of the closing between the dealer or developer and the owner, or if there is no such closing, at the time of the execution of the purchase agreement between the dealer or developer and the owner. The commission shall adopt and promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Subsection.
Acts 2012, No. 112, §1; Acts 2017, No. 221, §1; Acts 2021, No. 29, §2.
Any action to enforce any warranty provided in this Part shall be subject to a peremptive period of thirty days after the expiration of the appropriate time period provided in R.S. 51:912.4.
Acts 2012, No. 112, §1.
All or part of the builder's obligation under any warranty required in this Part may be insured by the builder for the benefit of the purchaser through an insurance company authorized to transact business in this state.
Acts 2012, No. 112, §1.
Any warranty imposed pursuant to this Part and any insurance benefit shall automatically transfer without charge to a subsequent owner who acquires title to the home. Any transfer of the home shall not extend the duration of any warranty or insurance coverage.
Acts 2012, No. 112, §1.
A. If a builder violates this Part by failing to perform as required by the warranties provided in this Part, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court costs, arising out of the violation. The damages with respect to a single defect shall not exceed the reasonable cost of repair or replacement necessary to cure the defect, and damages with respect to all defects in the home shall not exceed the original purchase price of the home.
B. The parties may provide for the arbitration of any claim in dispute. Any arbitration shall comply with and may be binding only to the extent provided in R.S. 9:4201 et seq.
Acts 2012, No. 112, §1.
This Part provides the exclusive remedies, warranties, and peremptive periods as between the builders and owner relative to the construction of homes as defined in this Part, and no other provisions of law relative to warranties and redhibitory vices and defects shall apply. Nothing herein shall be construed as affecting or limiting any warranty of title to land or improvements.
Acts 2012, No. 112, §1.
For the purposes of this Part, the following words have the following meanings:
(1) "Extraordinary circumstances" means a federally declared disaster, a gubernatorially declared disaster or emergency, a pandemic, or an illness or emergency medical condition.
(2) "Frame tie" or "tie down" means any device approved and used for the purpose of securing manufactured or modular homes to ground anchors in order to resist wind forces.
(3) "Ground anchor" means any device approved and used for the purpose of securing manufactured or modular homes to the ground in order to resist wind forces.
(4) "Ground level" means an anchor has been fully installed so the head is at the surface of the soil.
(5) "Installation permit" means a permit issued by the commission to a licensed installer or the homeowner who shall certify that the home is in compliance with this Part.
(6) "Installation permit sticker" means a sticker issued by the commission, along with an installation permit, which is to be affixed to the home to signify that the home is in compliance with this Part.
(7) "Installer" means a person licensed by the commission to install a manufactured or modular home.
(8) "Manufactured home" or "manufactured housing" means a factory-built, residential dwelling unit constructed to standards and codes, as promulgated by the United States Department of Housing and Urban Development (HUD), under the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended. Notwithstanding any law to the contrary, the terms "manufactured home" and "manufactured housing" may be used interchangeably and apply only to structures bearing the permanently affixed seal of the United States Department of Housing and Urban Development.
(9) "Mobile home" means a factory-built, residential dwelling unit built to voluntary standards prior to passage of the National Manufactured Housing Construction and Safety Standards Act of 1974.
(10) "Modular home" and "modular housing" mean a factory-built, residential dwelling unit built to the International Residential Code as adopted by the Louisiana Uniform Construction Code Commission.
(11) "Over-roof tie" means a certain device approved by the manufactured homes manufacturer and used for the purpose of securing the manufactured homes systems to ground anchors in order to resist wind forces. Ties may be installed only under roof material.
(12) "Setup" or "installation" means the operations performed at the occupancy site which render manufactured and modular homes fit for habitation. Such operations include but are not limited to positioning, blocking, leveling, supporting, tying down, making minor adjustments and trim out, and assembling multiple or expandable units in the final construction process.
(13) "Stabilizer device" means an approved device or method that is used to resist lateral movement of manufactured homes and anchors.
(14) "Transporter" means an individual who transports a manufactured or modular home to the site of installation but does not perform any blocking or anchoring of the home, except a transporter is allowed to put blocks under the hitch on the tongue of the frame.
Acts 1997, No. 970, §1; Acts 2000, 1st Ex. Sess., No. 92, §1; Acts 2001, No. 718, §2; Acts 2008, No. 217, §1; Acts 2017, No. 221, §1; Acts 2021, No. 29, §2.
All manufactured and modular homes shall be installed to meet the following standards, unless otherwise specified in this Part:
(1) Installation standards for the setup of new manufactured homes shall be in compliance with the manufacturer's installation instructions. Installation for the setup of new or used modular homes shall be in compliance with the International Residential Code enforced by the local authority having jurisdiction.
(2) Installation standards for the setup of used manufactured homes shall be in compliance with the manufacturer's installation instructions, if available. In the absence of the manufacturer's installation instructions, used manufactured homes shall comply with the provisions of this Part.
(3) All anchors, piers, and tie-down components used in the installation of manufactured homes shall be tested and meet the minimum industry standards. Installation of such anchors and components shall be in accordance with the manufacturer's instructions.
(4) As to site preparation, the under-home grade, or ground, shall be cleaned of all vegetation and organic material, such as stumps, roots, etc., except grass not exceeding three inches in height. The area beneath and around the home shall be crowned, sloped or properly drained so that water will not flow or accumulate under the home. All grass and organic material shall be removed and the pier foundation placed on stable soil or compacted fill. When the soil compaction or soil-bearing capacity is not known, the local building authority in the locale may be consulted or a reading by the use of a pocket penetrometer may be obtained. The bottom of the footer or footers shall be placed on stable soil. The pier foundation shall be a minimum of three and one-half inches by sixteen inches by sixteen inches solid concrete pad or equivalent, precast or poured in place, or approved material by the regulatory agency. The regulatory agency, or its duly authorized representatives, shall cause products to be analyzed or tested to require that the pier foundation products have a deflection of not more than three-eighths inch under design load. Such testing may be conducted by an independent third party qualified and approved by the agency. Previous testing data submitted in other jurisdictions may be considered by the agency. Where the manufacturer's specifications have additional requirements other than the above, the more stringent shall apply. The landowner shall be responsible for proper site preparation in accordance with this Paragraph.
(5) All manufactured homes shall be anchored with an approved anchor system. All auger systems shall be installed to a minimum depth of thirty inches, or two and one-half feet, in undisturbed or compacted soil. Piers are to be installed off center of the anchors so as not to interfere with the proper alignment of the strapping. Anchors may be installed in predrilled holes, provided the anchor penetrates a minimum of two feet into undisturbed soil beyond the predrilled hole. When the anchor manufacturer's installation instructions permit, the hole is then backfilled with soil compacted in layers not exceeding six inches. For manufactured homes produced after July 13, 1994, the installer shall refer to the manufacturer's setup manual for the ultimate load requirements for anchors at the different tie points on the manufactured home. For used manufactured homes when the manufacturer's setup manual is not available, all anchor points at side walls, shear walls, end walls, centerline, and other points as identified by the manufacturer, shall be certified for an ultimate load of four thousand seven hundred twenty-five pounds. Anchors are required one at each end of shear walls; one on each end of each I-beam; one frame tie at each vertical tie point; one in each end of each marriage wall, centerline; and on each ridge beam support post.
(6) Frame tie ground anchors shall have approved stabilizing devices installed on the inside, in the direction of pull, with the top of the stabilizing plate driven flush with the soil unless otherwise specified by the manufacturer's guidelines.
(7) Piers or load-bearing supports or devices shall be installed and constructed to evenly distribute the loads. Steel piers with mechanical adjustments shall be securely attached to the frame of all manufactured homes. Manufactured load-bearing supports or devices shall be listed and approved for the use intended, or piers shall be constructed as outlined in this Part. Concrete products shall comply with the minimum dimensional and structural requirements for load-bearing. Solid and cell concrete blocks shall be to the standard specification for load-bearing concrete masonry units, ASTM C-90, 1993 Edition. Poured concrete shall be a minimum of FCL = 2500 PSI. All plastic products shall be conditioned at ASTM D 618-61, reapproved 1990, standard practice for conditioning plastics and electrical insulating materials for testing. Plastics shall be tested to the ASTM D 790-92 standard test methods for flexural properties or unreinforced and reinforced plastics and electrical insulating materials, ASTM D 732-85 standard test method for shear strength or plastics by punch tool, and ASTM G 53-88 standard practice for operating light and water exposure apparatus for exposure of nonmetallic materials.
(8)(a) In flood-prone areas, the foundation shall comply with the requirements set forth in the manual, Manufactured Home Installation In Flood Hazard Areas, published by the Federal Emergency Management Agency (FEMA). Nothing in this Paragraph shall be construed to prohibit state or local jurisdictions from adopting more stringent elevation or freeboard requirements than those contained in the FEMA manual, consistent with Subparagraph (b) of this Paragraph.
(b) For all manufactured and modular home installations in this state, the state and political subdivisions may adopt laws, rules, ordinances, building codes, or other measures to regulate installations that include additional freeboard requirements beyond the minimum standards adopted by the National Flood Insurance Program, 42 U.S.C. 4011 et seq. in order to incentivize going above the minimum floodplain management standards. Freeboard requirements shall be uniformly applied based on the Base Flood Elevation established in the currently adopted Flood Insurance Rate Map for the jurisdiction and shall not vary based on alternative or superseded mapping sources.
(c) All applications submitted to and permits issued by a jurisdiction's permit office shall include the Base Flood Elevation at the permitted site and the required finished floor elevation, including any applicable freeboard.
(9) The marriage line on all multisectional homes shall be sealed with industry-approved materials at the ceiling line, the floor line, and the end walls to restrict any air infiltration into the home.
Acts 1997, No. 970, §1; Acts 2000, 1st Ex. Sess., No. 92, §1; Acts 2001, No. 500, §1; Acts 2001, No. 718, §2; Acts 2004, No. 419, §1, eff. July 1, 2004; Acts 2008, No. 217, §1; Acts 2010, No. 1018, §1; Acts 2017, No. 221, §1; Acts 2025, No. 265, §1.
The following guidelines shall be used when the installation of foundations and piers is not specified in the manufacturer's instructions or when the manufacturer's installation instructions are not available:
(1) Piers:
(a) Piers shall be centered under the I-beam and installed as provided by rules promulgated by the commission. The first pier shall be within two feet of either end of the home. The pier foundation shall be a minimum of three and one-half inches by sixteen inches by sixteen inches solid concrete pad precast or poured in place, or other pad meeting the 2,500 PSI rating, or other approved material.
(b) Piers may be constructed of regular eight inches by eight inches by sixteen inches concrete blocks, open cells, solid (minimum eight inches by ten inches top), centered on the footing or foundation. A one inch or two inch by eight inch by sixteen inch treated or hardwood plate, or other approved material shall completely cover the top of the pier with shims, one-fourth inch minimum and one and one-half inch maximum, centered and driven tight from both sides of the I-beam between the wood plate or cap and the main frame. Single-tiered block piers shall be installed perpendicular to the main I-beam. However, when a pier has been capped with at least a four inch (three and one-half inch) solid concrete block or other approved material, one- fourth inch of wood stock or wood shims shall be installed between the pier and steel I-beam.
(c) Center line piers shall be located at each end of center line and shall be located on each end of the opening within six inches of jamb studs or ridge beam posts where openings four feet wide or greater occur. Any openings four feet or larger in the exterior sidewall or marriage wall shall require blocking at each end of the opening with four inch by sixteen inch by sixteen inch pads. Piers shall also be installed on each side of any perimeter door or fireplace. Bay windows or any opening forty-eight inches or more shall require blocking at each end. Fourteen feet or wider units with an I-beam spread of less than eighty-two inches and twelve feet wide units with an I-beam spread of less than seventy-five and one-half inches shall have perimeter blocking installed at a minimum of eight foot on center. Piers shall not be required under the clear, open, spans between ridge beam posts.
(d) All piers over thirty-six inches and corners over twenty-four inches in height shall be double tiered with blocks interlocked and capped with two four inch by eight inch by sixteen inch solid concrete blocks side by side and perpendicular to the I-beam, or other approved material and cushioned with wood shims or treated plate. Pier height is measured from the top of the footer or foundation to the top of the cement block stack, including four inch cap blocks.
(e) All piers over fifty-two inches shall be designed by an architect or engineer.
(f) Metal or precast support piers shall be installed on a base or footer of a minimum size of four inch by eight inch by sixteen inch solid concrete or other approved material. (g) Metal or precast support piers shall be restricted to a maximum two inch locking mechanical height adjustment and shall be restricted to a maximum height of not more than twenty-four inches measured from the ground base or footer. This twenty-four inch maximum shall not include the two inch mechanical extension or adjustment. However, center line or perimeter supports are permitted to exceed the twenty-four inch maximum.
(h) The minimum distance between the finished grade under the manufactured home and the bottom of the I-beam shall be twelve inches.
(2) Foundations:
(a) Concrete, precast, sand and gravel pads or foundations shall be a minimum of two thousand five hundred pounds per square inch (PSI).
(b) Plastic pads or foundations shall be tested in the lower fifty percent of each soil class. (1,000-1,500 PSF soil type).
Acts 1997, No. 970, §1; Acts 2001, No. 718, §2; Acts 2008, No. 217, §1; Acts 2023, No. 349, §1.
The following specifications are standards set for used manufactured homes when manufacturer's installation instructions and specifications are not available:
(1) Anchors:
(a) All auger anchors shall be a minimum of thirty inches in height.
(b) All anchors shall be tested to an ultimate load of four thousand seven hundred twenty-five pounds.
(2) Frame ties:
(a) Used units where the manufacturer's specifications are not available shall be anchored every ten feet in Zone I, eight feet in Zone II, and six feet in Zone III, with anchors placed within two feet of each end.
(b) Frame ties shall make at least one complete wrap around the chassis or frame and shall be looped from the top of the I-beam to the anchor. However, some frame tie straps may have to extend from the bottom of the I-beam or the I-beam on the opposite side to assure the proper angle due to the height of the home.
(c) Each frame tie shall be installed to the component manufacturer's instructions.
(d) All frame ties shall be secured to one of the main steel I-beams that run the length of the home.
(3) Marriage wall or centerline ridge beam column ties, shear wall ties, and frames ties:
(a) Multiple section homes are to be secured at the centerline with straps or cables to the specifications in the manufacturer's manual or at the locations designated on the home.
(b) Used multiple section homes shall have anchors installed at all factory-installed anchor strap connections, including ridge beam column straps, shear wall straps or attachments, or other locations designated by the manufacturer.
(4) Multiple section homes shall be mechanically fastened every twenty-four inches at the bottom, end walls, and roof. A minimum thirty-gauge, eight-inch-wide, galvanized strip shall be centered over the peak and fastened with galvanized roofing nails at two inches on center at both sides of center line.
Acts 1997, No. 970, §1; Acts 2000, 1st Ex. Sess., No. 92, §1; Acts 2001, No. 718, §2; Acts 2003, No. 661, §1; Acts 2008, No. 217, §1.
When the manufacturer's printed setup requirements are not available for the applicable wind zone, the following guidelines are to be used:
(1) All anchors shall be listed for four thousand seven hundred twenty-five pounds ultimate load.
(2) Longitudinal ties only are required at each end of each unit. The minimum number of ties at a minimum angle of forty-five degrees from vertical is three each for Zone II and four each for Zone III.
(3) All designated tie points on the perimeter side walls shall be equipped with vertical and diagonal ties with stabilizer devices. When tie points are not designated on the side walls, diagonal ties with stabilizer devices shall be spaced a maximum of ten feet for Zone I, eight feet for Zone II, and six feet six inches for Zone III.
(4) Anchors and support piers shall be installed at the center line of each opening over five feet. Support piers shall be installed on each end of the marriage wall and at other locations that may be identified on the marriage wall.
(5) Shear wall interior partition wall which attaches to the side wall and is thirty-six inches or longer shall have vertical ties and support piers installed at each end.
(6) All foundations and piers shall comply with the requirements of this Part.
(7) Multiple section homes shall be mechanically fastened every twenty-four inches at the bottom, end walls, and roof.
(8) A minimum thirty gauge, eight inch wide, galvanized strip shall be centered over the peak and fastened with galvanized roofing nails at two inches on center at both sides of center line.
Acts 1997, No. 970, §1; Acts 2000, 1st Ex. Sess., No. 92, §1; Acts 2001, No. 718, §2; Acts 2007, No. 441, §1; Acts 2008, No. 217, §1; Acts 2017, No. 221, §1.
The manufactured and modular home installation standards provided for in this Part shall preempt all local installation standards.
Acts 1997, No. 970, §1; Acts 2001, No. 718, §2; Acts 2017, No. 221, §1.
A.(1) The commission shall, by rule adopted in accordance with the Administrative Procedure Act, provide for the licensure of installers and transporters of manufactured and modular homes and the implementation and collection of an annual license fee and an installation permit sticker fee. The installer's and transporter's license fee shall be one hundred twenty-five dollars per license, and the installation permit sticker fee shall be twenty dollars. Further, a licensed installer shall be allowed to perform the functions of a transporter without having to obtain that license.
(2) After January 1, 2004, prior to receiving an original license, installers shall attend a certification course offered by the commission or a commission-approved provider and pass an accompanying test. The fee for any course offered by the commission shall be set by rule and shall not exceed one hundred dollars.
(3) Installers shall be required to attend one continuing education course per year. The individual required to attend the continuing education course is the individual license holder. For corporations, an officer of the corporation shall attend the course. For partnerships, a partner shall attend the course. The commission shall set the educational requirements and approve educational course providers and the course materials for all continuing education classes. The commission shall have the authority to suspend these continuing education requirements, for one or more licenses, if the commission, in its discretion, determines such action is warranted due to extraordinary circumstances.
(4) All installers and transporters shall provide annually along with the license application a surety bond in the amount of twenty-five thousand dollars or post a twenty-five thousand dollar irrevocable letter of credit with the commission.
B. It shall be unlawful for any person, other than the homeowner or a licensed installer, to perform an installation of a manufactured or modular home, whether or not such person receives compensation for such action. For the purposes of this Subsection, community owners or park operators of manufactured or modular homes shall not be considered homeowners if the home in question is or will be leased at any time.
C. Any installer or homeowner installing a manufactured or modular home in this state shall first obtain an installation permit sticker from the commission which shall be affixed to the side of the home at the point where electrical power is connected to the home. All installation permit stickers shall be affixed within ten days of delivery of the manufactured or modular home, unless extenuating circumstances are shown.
D. Any installation of a manufactured or modular home in this state shall be performed in strict compliance with this Part.
E. All fees collected pursuant to Subsection A of this Section or fines collected pursuant to this Part shall be used exclusively for the maintenance and operation of the commission.
Acts 1997, No. 970, §1; Acts 2000, 1st Ex. Sess., No. 92, §1; Acts 2001, No. 718, §2; Acts 2003, No. 661, §1; Acts 2007, No. 441, §1; Acts 2008, No. 217, §1; Acts 2017, No. 221, §1; Acts 2021, No. 29, §2; Acts 2024, No. 480, §1.
A. Any installer, transporter, or other person who performs any work covered as described in this Part without the appropriate license or who installs a manufactured or modular home in a manner contrary to the requirements of this Part shall be in violation of the provisions of this Part. All such violators shall be subject to the penalty of revocation or suspension of their license or a civil fine of up to two thousand five hundred dollars, or both, for each violation. If the commission determines a violation was intentional or the violator is a habitual offender, then the commission may double the civil penalty up to five thousand dollars for each violation. Violators shall also be subject to any measures prescribed by any other applicable rule, regulation, or law.
B. Multiple violations of this Part occurring in a single installation shall constitute one violation. Each installation performed in violation of this Part shall constitute a separate violation.
Acts 1997, No. 970, §1; Acts 2000, 1st Ex. Sess., No. 92, §1; Acts 2001, No. 718, §2; Acts 2017, No. 221, §1.
The commission may adopt, pursuant to the Administrative Procedure Act, such rules and regulations as are necessary for the administration and enforcement of this Part.
Acts 2000, 1st Ex. Sess., No. 92, §1; Acts 2001, No. 718, §2.
The provisions of this Part do not apply to the installation and setup of mobile homes in Louisiana.
Acts 2001, No. 718, §2.
Any commission licensee or a homeowner of a manufactured home may request an installation inspection of the home by the commission, for which the commission may charge a fee not to exceed fifty dollars.
Acts 2003, No. 661, §1.
As used in this Part, the following definitions shall apply:
(1) "Louisiana state plan" means the document which outlines the process by which the state administrative agent shall ensure the effective handling of consumer complaints and other information that relates to noncompliance, defects, or imminent safety hazards, involving manufactured housing, together with any responsibility delegated to the state administrative agent.
(2) "State administrative agency" means the office of the state fire marshal, code enforcement and building safety.
(3) "State administrative agent" or "agent" means the state fire marshal.
Acts 2007, No. 441, §1; Acts 2009, No. 438, §12.
A. The agent is hereby vested with the powers and authority necessary and proper to enable the agent to fully and effectively carry out and enforce the provisions and objectives of the Louisiana state plan administered on behalf of the United States Department of Housing and Urban Development, hereafter referred to as "HUD". The agent is hereby authorized and empowered to adopt and promulgate all reasonable rules and regulations to accomplish the objectives of the Louisiana state plan. The enumeration of any power or authority herein shall not be construed to deny, impair, disparage, or limit any others necessary to the attainment thereof. All rules and regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act. Oversight review shall be conducted by the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs.
B. The power and authority of the agent shall include but not be limited to the following:
(1) Working with manufactured home consumers, manufacturers, retailers, developers, salesmen, and installers to hear consumer complaints and other information that relates to noncompliance, defects, or imminent safety hazards as set forth in 24 CFR Part 3282, Subpart I. The agent may make final determinations regarding consumer complaints.
(2) The right to enter at a reasonable time and inspect all factories, warehouses, or establishments in the state in which manufactured homes are manufactured.
(3) Imposing civil and criminal penalties payable to the state through the Louisiana Manufactured Housing Commission as provided for in 42 U.S.C. 5410.
(4) Establishing necessary notification and corrective procedures under 24 CFR Part 3282, Subpart I.
(5) Providing oversight as prescribed by law of remedial actions carried out by manufacturers and a manufacturer's handling of consumer complaints.
(6) Establishing a monitoring inspection fee in accordance with the guidelines established by the secretary of HUD and providing for participation in the federal fee distribution system.
Acts 2007, No. 441, §1; Acts 2009, No. 438, §12; Acts 2017, No. 221, §1.
A. The agent shall be charged with the adoption, administration, and enforcement of the state plan, pursuant to the federal standards enforcement program and any other rules and regulations necessary for the administration and enforcement of the state plan. The standards adopted shall be in conformity with the standards promulgated pursuant to 24 CFR Part 3280 and 24 CFR Part 3282. The agent shall discharge this duty consistent with the rules and regulations promulgated by HUD.
B. The agent may adopt, pursuant to the Administrative Procedure Act, such rules and regulations as are necessary to enforce the standards promulgated under the state plan and any other rules and regulations necessary for the administration and enforcement of the state plan not inconsistent with the provisions of the federal standards enforcement program.
C. Except as otherwise provided for in this Part, the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950 shall apply to the administration and enforcement of this Part.
Acts 2007, No. 441, §1.
Any person who purchases machinery or other equipment or processed materials necessary for or incidental to, or for the purpose of drilling, producing, or maintaining oil or gas wells, including but not limited to holding tanks, transmission lines, and metering and safety equipment with a value of five hundred dollars or more per item, shall retain an invoice or receipt documenting such purchase which shall include the following information:
(1) The name and address of the buyer, as well as the name of the purchasing agent if the particular machinery, equipment, or materials were ordered by a person designated as a purchasing agent.
(2) The name and address of the seller.
(3) If the seller is a company, the name, address, driver's license number, and social security number of the person representing the company in the sale.
(4) The date and place of the sale.
(5) An identification of each item purchased and its identification number or marking, if such number or marking exists; provided that, if the machinery, equipment, or materials are intended to be used as a unit, then only the identification number or marking of the unit or principal part thereof shall be recorded.
Added by Acts 1982, No. 549, §1; Acts 2005, No. 423, §1.
A person whose primary business is the sale and purchase of the equipment defined in R.S. 51:913 shall maintain a copy of each purchase and each sale receipt or invoice and shall make them available in an easily retrievable form for inspection by any law enforcement officer.
Added by Acts 1982, No. 549, §1.
The records required by the provisions of this Part shall be maintained for a period of not less than three years.
Added by Acts 1982, No. 549, §1.
A violation of any provision of this Part, including failure to make such records required under the provisions of this Part available for inspection by any law enforcement officer, shall be punishable upon first violation by a fine of up to five hundred dollars. Any subsequent violation shall be punishable by a fine of not less than five hundred dollars and not more than five thousand dollars.
Added by Acts 1982, No. 549, §1; Acts 2005, No. 423, §1.
The attorney general or any district attorney or parish attorney, in their respective district or parish, may enjoin a dealer from continuing in business as a dealer in this state on violation of any provision of this Part.
Acts 2005, No. 423, §1.
A. It shall be a prohibited trade practice for any manufacturer, wholesaler, distributor, or retailer doing business in Louisiana, engaged to any extent in the business of selling mattresses and box springs for resale or directly to the consumer for use, to refuse to sell to any person as an individual item any one mattress or one box spring singly with a separate, individual price for the mattress or box spring.
B. Nothing herein shall be construed as prohibiting a manufacturer, wholesaler, or retailer from selling mattresses and box springs in sets only in addition to selling said items individually; however, no manufacturer or wholesaler shall require any retailer to purchase for resale mattresses and box springs in sets only, or refuse to sell to retailers for resale individual mattresses and box springs of any line or brand.
C. Whoever violates the provisions of this Section shall be fined for the first offense not less than fifty dollars nor more than one hundred dollars; and for any subsequent offense not less than one hundred dollars nor more than three hundred dollars, and in addition the violator shall be enjoined from engaging in the business of selling for resale or use mattresses and box springs in the state of Louisiana for one year.
Acts 1985, No. 199, §2, eff. July 6, 1985.
A. As used in this Section:
(1) "Compensation" means any thing of economic value which is paid, loaned, granted, given, donated, or transferred or to be paid, loaned, granted, given, donated, or transferred to or in consideration of personal services to any person.
(2) "Contract clinical perfusion company" means any business entity employing a clinical perfusionist or perfusionists for the purpose of contracting their services to a medical institution or physician.
(3)(a) "Perfusionist" or "clinical perfusionist" means a skilled person, qualified by academic and clinical education, who operates extracorporeal circulation equipment during any medical situation where it is necessary to support or temporarily replace a patient's circulatory or respiratory function. A perfusionist is knowledgeable concerning the variety of equipment available to perform such extracorporeal circulation functions.
(b) The perfusionist is educated to conduct extracorporeal circulation and to ensure the safe management of physiologic functions by monitoring and adjusting the necessary variables. The perfusionist is trained, educated, or both, in the administration of blood products, blood conservation techniques, autotransfusion, anesthetic agents, and drugs through the extracorporeal circuit. Such administration is performed according to a prescription, to approved protocol, or both. A perfusionist is knowledgeable and competent in the use of a variety of techniques such as: hypothermia and hemodilution, perfusion procedures involving specialized equipment, and advanced life support techniques.
B.(1) It shall be unlawful for any person performing the services of a clinical perfusionist for a hospital or other medical institution to receive compensation from the sale or use of products or equipment used in the performance of clinical perfusion services to such medical institution.
(2) It shall be unlawful for any person performing the services of a clinical perfusionist as an employee of a physician to receive financial compensation from the sale or use of products or equipment used in the performance of clinical perfusion services to any medical institution.
(3)(a) It shall be unlawful for an individual or business entity which contracts with a hospital or other medical institution for the provision of clinical perfusion services to receive compensation from the sale or use of products or equipment used in the performance of clinical perfusion services to such medical institution.
(b) It shall be unlawful for a business entity which sells products or equipment used in the performance of clinical perfusion services to a hospital or other medical institution to perform perfusion services at that medical institution.
C. Whoever violates the provisions of this Section shall be guilty of an unfair trade practice under the Unfair Trade Practices and Consumer Protection Law and of a civil offense punishable by a fine of not less than one thousand dollars nor more than five thousand dollars for each violation and shall be subject to injunctive relief and any right of an aggrieved party to recover actual damages contained in the Unfair Trade Practices and Consumer Protection Law.
Acts 1997, No. 986, §1.
It is the policy of the state of Louisiana, in furtherance of its responsibility to protect the health, public safety, welfare, and future prosperity of the citizens of the state, to fully develop the human, economic, and natural resources of the state through a well-informed and business-oriented Louisiana Economic Development.
Acts 1964, No. 403, §1; Acts 2003, No. 933, §4.
It is the purpose of this Chapter to effectuate the policy set forth in R.S. 51:921 by providing for all of the following:
(1) A program designed to create a nonpolitical Louisiana Economic Development operated by a thoroughly professional staff.
(2) A continuing program of economic and industrial planning and industrial development.
(3) A continuing program designed to furnish information to the general public and to state, regional, parish, and local governmental and private agencies concerning ways and means of effectuating the policy set forth in R.S. 51:921.
(4) A continuing program of commercial and industrial planning, education, cooperation, and assistance between the state of Louisiana and foreign countries, the federal government, other states, and state, regional, parish, and local public and private agencies and individuals.
(5) A continuing program designed to attract manufacturing facilities to this state, with a focus on economic incentives, necessary infrastructure, workforce development, and the potential benefits a manufacturing facility would provide the state, including but not limited to job creation, wages, community investment, and quality of life.
Acts 1964, No. 403, §1; Acts 1989, No. 325, §1; Acts 2022, No. 743, §1.
A. Louisiana Economic Development is hereby created and shall be advised by a board to be known as the State Board of Commerce and Industry which board shall exercise the powers delegated to it by Article VII, Section 21(F) of the Constitution of Louisiana.
B. The board shall consist of twenty-four members, fifteen of whom shall be appointed by the governor from among representatives of the major economic groups within the state of Louisiana; one who shall be an elected municipal official appointed by the governor from a list of three names submitted by the Louisiana Municipal Association; and one who shall be an elected police juror, councilman, commissioner, or parish president appointed by the governor from a list of three names submitted by the Police Jury Association.
C. In addition, the governor or his designee, the lieutenant governor or his designee, the secretary of Louisiana Economic Development or his designee, the chair of the Senate Committee on Revenue and Fiscal Affairs or his designee, the chair of the Senate Committee on Commerce, Consumer Protection and International Affairs or his designee, the chair of the House of Representatives Committee on Ways and Means or his designee, and the chair of the House of Representatives Committee on Commerce or his designee shall be ex officio members of the board with full right to participate in and vote on all matters.
Acts 1983, No. 553, §1. Acts 1984, No. 588, §1, eff. July 12, 1984; Acts 1989, No. 125, §1; Acts 1997, No. 55, §1; Acts 1997, No. 114, §1, eff. June 12, 1997; Acts 2012, No. 32, §1, eff. May 4, 2012.
A. The governor shall appoint the appointed members of the board. Each appointment by the governor shall be submitted to the Senate for confirmation. The members, other than the governor , lieutenant governor, and the legislative members, shall serve for terms of four years which shall be concurrent with the term of the governor making the appointments. The governor and lieutenant governor shall serve during the term of office of each. The legislative members serve in their capacity as chair of their respective committees. Each member shall continue to serve until his successor is appointed and takes office.
B. A vacancy occurring for any reason shall be filled in the manner provided in Subsection A hereof.
Acts 1964, No. 403, §1. Amended by Acts 1972, No. 147, §1; Acts 1980, No. 732, §1, eff. July 29, 1980; Acts 2003, No. 774, §14; Acts 2012, No. 32, §1, eff. May 4, 2012.
Each appointed member of the board shall be a qualified elector of the state of Louisiana. Except as provided in R.S. 51:923(B), no appointed member shall hold public office or be otherwise employed by the state or any agency thereof.
Acts 1964, No. 403, §1; Acts 1989, No. 323, §1.
The board shall meet not more than thirty days after its membership shall have been filled and shall elect a chairman, a vice-chairman and such other officers as the board shall consider necessary. The board also shall appoint committees and adopt rules of procedure at its initial meeting. The board may meet as often as it deems necessary provided that there shall be not less than four regular meetings each year. The board shall keep an accurate record of all proceedings which shall be open to public inspection. Officers shall be elected for terms of one year and annually thereafter. There shall be no prohibition against officers succeeding themselves.
Acts 1964, No. 403, §1.
Excluding any vacancies on the board, a majority of the members of the board shall constitute a quorum, and a majority thereof may act on any matter within the jurisdiction of the board.
Acts 1964, No. 403, §1; Acts 1989, No. 125, §1.
Appointed members of the board shall serve without compensation.
Acts 1964, No. 403, §1; Acts 2012, No. 32, §1, eff. May 4, 2012.
Louisiana Economic Development and the Board of Commerce and Industry shall be domiciled in the city of Baton Rouge. Branch offices may be established at such other locations as the board may deem advisable.
Acts 1964, No. 403, §1.
The legislature shall provide funds for suitable offices for Louisiana Economic Development and the Board of Commerce and Industry and shall provide adequate funds annually for the operation of the activities of the department and the board. The department shall administer all such funds and any other funds made available to the department or the board by the federal government or any other outside agency, organization, or individual in accordance with state law.
Acts 1964, No. 403, §1; Acts 1989, No. 324, §1.
The secretary of Louisiana Economic Development shall certify businesses as small entrepreneurships for purposes of the Louisiana Initiative for Small Entrepreneurships (the Hudson Initiative) as provided in R.S. 39:2006.
Acts 2005, No. 440, §2, eff. July 11, 2005.
The department may call upon any other state department or agency for assistance and advice. The facilities of the State Library of Louisiana and of Louisiana State University shall be made available for use by the department or members of its staff. It shall be the duty of the attorney general to give assistance to the department and to render his opinion in writing on any subject requested by the secretary of the department.
Acts 1991, No. 938, §6.
A. A cooperative endeavor agreement with the department shall include but not be limited to the following terms and requirements:
(1) An agreement with a nongovernmental entity for economic development purposes shall contain the specific goals sought to be achieved by the nongovernmental entity and methods for reimbursement to the state if those goals are not met. Further, a nongovernmental entity, other than one participating in a business incubator program, Quality Jobs Program, or Enterprise Zone Program, which defaults on the agreement, breaches the terms of the agreement, ceases to do business, or ceases to do business in Louisiana, shall be required to repay the state, and the agreement shall set out the terms of the repayment.
(2) An agreement based on a legislative appropriation to a public or quasi-public agency or entity which is not a state budget unit shall include a comprehensive budget, provided to the agency and the legislative auditor, showing all anticipated uses of the appropriation, an estimate of the duration of the project, and a plan showing specific goals and objectives, including measures of performance.
(3) The department shall notify all businesses entering into cooperative endeavor agreements of the specific goals within the Louisiana Hudson Initiative and the Veterans Initiative as set forth by the division of administration.
(4) All agreements shall contain a plan to monitor compliance with the terms of the agreement, assigning a particular person within Louisiana Economic Development to be responsible for monitoring the agreement. Written reports shall be provided to Louisiana Economic Development at least every six months concerning the use of funds and the specific goals and objectives for the use of the funds.
B. The requirements set contained in Subsection A of this Section shall not apply to any existing economic development programs established by the Louisiana Constitution, the Revised Statutes of 1950, or by administrative rule, prior to August 15, 2010.
Acts 2010, No. 1031, §1.
Repealed by Acts 1989, No. 321, §1.
The department shall serve as the information clearinghouse in Louisiana for all data related to economic development, economic modeling, and strategic economic development planning.
Acts 1995, No. 482, §1; Acts 2003, No. 183, §8; Acts 2010, No. 1034, §2.
Repealed by Acts 2025, No. 377, §2.
A. Louisiana Economic Development is authorized to call upon all state agencies for full and complete cooperation and assistance in planning and coordinating its programs, and all state agencies are hereby directed to cooperate and assist the department to the fullest possible extent.
B. Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
C. Louisiana Economic Development may obtain directly from all state agencies any information that state agencies may have regarding any company that has applied to or contracted with Louisiana Economic Development for assistance, including but not limited to tax incentives, economic development programs, financial assistance, cooperative endeavor agreements, or technical assistance. Louisiana Economic Development is further authorized to obtain information outlined above for the Louisiana Economic Development Corporation. Louisiana Economic Development will minimize the financial impact this Section may have on another agency, by obtaining the information from the agency in the least intrusive and most efficient manner.
D. Any information obtained by Louisiana Economic Development from another state agency in this manner shall remain confidential and privileged in the same manner as the agency providing that information would maintain confidentiality and privilege. Any information obtained by the Louisiana Economic Development Corporation from Louisiana Economic Development pursuant to this Section shall remain confidential and privileged in the same manner as Louisiana Economic Development would maintain confidentiality and privilege.
Acts 1983, No. 724, §2; Acts 1997, No. 588, §2; Acts 1997, No. 1116, §2; Acts 2004, No. 699, §3; Acts 2005, No. 428, §3, eff. July 1, 2005.
A. There shall hereby be created in Louisiana Economic Development a one-stop licensing program. The program to assist businesses in obtaining permits shall be within the department. For the purposes of this Section, "permit" means any license, certificate, registration, permit, or any other form of authorization required by a state agency to engage in a particular commercial activity or act.
B. The program shall provide centralized services to assist businesses in identifying and securing appropriate permits needed to operate a business. The major objective of the program is to reduce the time and paperwork involved in obtaining permits. The program shall enable the business person to obtain this information from a single source. The program shall have centralized licensing services and centralized information services.
C. The department shall render the following assistance:
(1) Assist the business person by providing information on permitting, generally and specifically, and furnish permit forms pertaining to their specific business.
(2) Compile a comprehensive listing of all state permits and categorize the required permits into a comprehensive handbook that is readily available to persons interested in establishing a business enterprise.
(3) Facilitate contacts for an applicant with the proper state agency responsible for processing and reviewing the respective permit application.
(4) Arrange conferences to clarify the interest and requirements of any such state agency with respect to a permit application.
(5) Consider with state agencies the feasibility of consolidating hearings and data required of the applicant.
(6) Assist the applicant in the resolution of outstanding issues identified by the state agency, including delays experienced in permit review.
(7) Coordinate federal, state, and local permit review actions to the extent practicable.
D. The department may accept completed permits from a business owner and shall promptly forward them to the appropriate agency.
E. The department shall not have any authority to approve or issue permits.
Acts 1986, No. 571, §2; Acts 1991, No. 490, §3, eff. July 15, 1991.
Repealed by Acts 2015, No. 361, §4, eff. July 1, 2015.
Louisiana Economic Development and Louisiana Works shall develop priorities to be utilized by the various economic development programs of the state to fund businesses in economic development zones and in renewal communities as well as priorities for funding and other assistance for small and disadvantaged businesses.
Acts 2003, No. 509, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.
The Governor, on behalf of the state, and after recommendation by the Board of Commerce and Industry, is authorized to enter into agreements with the federal government or any of its agencies or with other states or state agencies which will facilitate federal-state and interstate cooperation in promoting the purposes of this Chapter.
Acts 1964, No. 403, §1.
The secretary may appoint advisory committees composed of representatives of the businesses and industries and labor of the state and fix the number of members of each. These committees shall conduct such studies and investigations as the secretary may direct and shall report their findings and recommendations thereon to the secretary.
Acts 1964, No. 403, §1; Acts 1989, No. 316, §1.
Repealed by Acts 2025, No. 432, §3.
A. Notwithstanding any other provision of law to the contrary, Louisiana Economic Development shall do all of the following regarding manufacturing:
(1)(a) Develop and implement a state strategic plan for attracting manufacturers to the state.
(b) The purpose of the state strategic plan is to design a program for the preparation and distribution of promotional and informational materials citing the key economic benefits of locating manufacturing facilities in the state.
(2) Monitor the implementation of the state strategic plan to attract manufacturers to the state.
(3) Develop a plan to identify areas of land for future manufacturing use.
(4) Identify manufacturing sites that are ready for development.
(5) Develop a plan in conjunction with the office of workforce development and Technical College System for the training of skilled workers to ensure a scalable workforce.
(6) Develop a plan for locating and identifying property for potential workforce housing.
B. The department shall promote the development of the manufacturing industry within this state and may engage in all of the following activities:
(1) Contracting with and directing trade or industry representatives for the purpose of promoting Louisiana as a site for the development of future manufacturing facilities.
(2) Serving as an informational clearinghouse and providing technical assistance to individuals and entities engaged in manufacturing by compiling, producing, publishing, and updating a comprehensive directory on sites, facilities, services, tax incentives, and permitting practices for the state.
(3) Participating in regional, national, and international manufacturing conferences and networking opportunities.
(4) Sponsoring workshops and seminars on topics including but not limited to legal and financial aspects of locating manufacturers in the state.
C. All departments, commissions, boards, agencies, officers, and institutions of this state and all subdivisions thereof shall cooperate with the office in carrying out the purposes of this Section.
D. The department is hereby designated as the applicant, administrative body, and recipient for accepting and administering any and all state, federal, and private funds awarded to and allocated by this state for any purpose covered by this Section.
E. The department shall provide the Legislature of Louisiana with an annual report regarding the provisions of this Section at least thirty days before the covening of the regular legislative session.
Acts 2022, No. 743, §1.
A.(1) In order to merge and consolidate into one department, under authority of Section 32 of Article III of the Constitution of 1921, the executive and administrative offices of the state of Louisiana whose duties and functions are of a similar nature or character, the Louisiana Council on New Industry Taxation and the Louisiana Nuclear and Space Authority created and provided for by the laws of Louisiana are hereby abolished, and the functions, powers, and duties of each of the agencies are transferred to the State Board of Commerce and Industry and Louisiana Economic Development. Hereafter the administrative functions of the state now or hereafter authorized to be exercised by the constitution and laws in relation to the administration, management, and operation of the functions, programs, and facilities of the merged boards and agencies shall be exercised by the executive director of Louisiana Economic Development under the supervision and direction of the State Board of Commerce and Industry.
(2) The provisions of this Section or any other law to the contrary notwithstanding, the Atomic Energy Development Agency created by the provisions of R.S. 51:1054 shall be placed in and become a part of Louisiana Economic Development, effective January 1, 1973. The coordinator of the agency, the method of his appointment, and the functions, powers, and duties authorized by the provisions of R.S. 51:1054, 1065, and 1068 shall continue as provided by such provisions.
B. Under the transfer of functions provided for by this section, any pending or unfinished business of the agencies enumerated in Paragraph (1) of Subsection A shall be taken over and be completed by the executive director with the same power and authority as was exercised by each of said agencies. The state board shall be the successor in every way to these agencies, and every act done in the exercise of such functions by the state board and/or the executive director shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this section as if done by the agencies from which such functions are transferred.
C. Whenever any of the agencies hereby transferred is referred to or designated by any law or contract or other document, such reference or designation hereafter shall be deemed to and shall apply to the State Board of Commerce and Industry and the legislature hereby specifically states that the provisions of this section are in no way and to no extent intended to nor shall they be construed in any manner which will impair the contractual obligations of any of the agencies heretofore existing, or of the State of Louisiana.
It is hereby specifically provided that all such obligations hereafter shall be deemed to be the obligations of the state board to the same extent as if originally made by it. In like manner, and in order to prevent any violation of the provisions, terms or conditions of any gift, donation, deed, will, trust or other instrument or disposition by which property of any nature or description has been vested in any agency affected by this merger, consolidation and transfer, or diversion from the purposes for which such property was donated, deeded, devised or bequeathed or otherwise vested in any such agency, it is hereby specifically provided that each and every such instrument or disposition hereafter shall be deemed to have been vested in the state board in the same manner and to the same extent as if originally so done. In addition, the provisions of this section shall not be construed or applied in such a way as to prevent full compliance by the state or any agency thereof with the requirements of any act of the Congress of the United States or any regulation made thereunder by any officer or agency of the federal government by which federal aid or other federal assistance from the United States has been or is hereafter made available to this state or any of these agencies, anything contained in this section to the contrary notwithstanding, and such compliance hereafter shall be accomplished by the state board.
D. All books, papers, records, money, choses in action and other property heretofore possessed, controlled or used by the agencies in the exercise of functions hereby transferred are hereby transferred to the state board.
E. All employees heretofore engaged in the performance of duties in the agencies hereby transferred, in the exercise of functions transferred by the section to the state board shall be transferred with functions to the state board to the extent practicable and necessary to carry out the purposes of this section and they shall, so far as practicable and necessary, continue to perform the duties heretofore performed, subject to the provisions of the state civil service law.
F. The transfer of functions herein provided shall be effective on and after January 1, 1973; provided, however, that to effect an orderly transfer of the functions of such agencies the following procedure shall be effected, to wit:
(1) Not later than September 15, 1972, the agencies whose functions are hereby transferred shall transmit to the governor, the commissioner of administration and the State Board of Commerce and Industry such information as may be necessary to effect plans for such transfer and as may be prescribed by the commissioner of administration, including but not limited to (a) a complete list of all personnel, their salaries and job descriptions; (b) a complete inventory of all furniture, fixtures and equipment of every kind and description whatsoever; (c) all financial and bookkeeping records of each of the agencies and (d) a summary of all floor space in state office buildings or elsewhere then being utilized.
(2) The State Board of Commerce and Industry thereafter shall prepare and transmit to the governor and the Division of Administration a transition plan for consolidation not later than November 1, 1972. This plan shall include a detailed procedure for the transfer and operation of the functions transferred to it, including the transfer and utilization of jobs, personnel, funds, office space and equipment, and such other information as the governor may require.
G. All monies appropriated to, dedicated to or otherwise realized through any source whatsoever by each of the agencies whose functions are hereby transferred, upon the effective date hereof shall be transferred to the State Board of Commerce and Industry, and thereafter the disbursement of and accountability for said funds shall be the responsibility of the State Board of Commerce and Industry.
Added by Acts 1972, No. 689, §1.
Notwithstanding any other provision of law to the contrary, contracts for tax exemptions entered into by the State Board of Commerce and Industry shall be filed with Louisiana Economic Development, which shall maintain a file of such contracts.
Added by Acts 1978, No. 548, §1.
A. Purpose. The purpose of this Section is to provide heightened standards and procedures for Louisiana Economic Development.
B. In addition to all other program requirements, prior to final certification of production expenditures for a state-certified production, the motion picture production company shall submit to Louisiana Economic Development, office of entertainment industry development, a statement declaring that it is not required to maintain records for the certified production pursuant to 18 U.S.C. 2257. Louisiana Economic Development shall not issue final certification of production expenditures to any state-certified production required to maintain records pursuant to 18 U.S.C. 2257.
Acts 2012, No. 560, §1; Acts 2018, No. 504, §1, eff. July 1, 2018; Acts 2025, No. 432, §2.
NOTE: See Acts 2018, No. 504 regarding applicability.
For the purposes of this Part, the following terms shall have the following meanings:
(1) "Department" means Louisiana Economic Development.
(2) "Program" means the Small and Emerging Business Development Program created within Louisiana Economic Development.
(3) "Small and emerging business" means a small business organized for profit and performing a commercially useful function, which is more than fifty percent owned and controlled by one or more small and emerging business persons and which has its principal place of business in the state. A nonprofit organization is not a small and emerging business for purposes of this Part.
(4) "Small and emerging business person" means a citizen of the United States who has resided in the state for at least one year and whose ability to compete in the free enterprise system has been impaired historically due to diminished capital or credit opportunities as compared to others in the same or similar line of business, and whose diminished opportunities have historically precluded, or are likely to preclude, such individual from successfully competing in the open market.
Acts 2001, No. 9, §9, eff. July 1, 2001; Acts 2006, No. 434, §1.
A. The department shall provide for the increased opportunity for small and emerging businesses to become competitive in a modern economy without regard to race or gender. This purpose shall be accomplished by providing a program of assistance and promotion. The following provisions of this Section shall be applied and interpreted to promote this purpose.
B. There is hereby established within the department the small and emerging business development program. In an effort to assist small and emerging businesses, the department shall do the following:
(1) Identify, develop, and promote equal opportunity for all qualified small and emerging businesses.
(2) Develop a system to assist licensed insurance agents and approved licensed surety companies in providing surety bonds to certified businesses and develop a system to provide financial, technical, and managerial assistance to certified businesses. The department shall not act as a licensed agent or as a surety company or issue surety bonds.
(3) Serve as an informational clearinghouse and provide technical assistance to individuals and entities engaged in small business development.
(4) As provided by rule, establish any other programs that may be necessary to carry out the purpose and intent of this Section.
C. The small and emerging business program shall not assist concerns owned and controlled by individuals who have accumulated substantial wealth or who have not experienced or who have overcome impediments to obtaining access to financing, markets, and resources.
D. The department shall by rule establish application, submission, and review criteria and procedures for certification of qualified small and emerging businesses.
E. The department may require all certified small and emerging businesses to report such information the department deems necessary to enable and facilitate its evaluation of the progress of the small and emerging business and the benefits of the program.
F. The department shall adopt such rules and regulations in accordance with the Administrative Procedure Act for the implementation of the small and emerging business program. The rules adopted with regard to the small and emerging business program pursuant to the Louisiana Small and Emerging Business Act shall be reauthorized until such time as new rules are adopted to implement the provisions of this Part.
G.(1) Complaints regarding certification of small and emerging businesses may be submitted in writing to the department and shall be processed according to the policies and procedures adopted by the department.
(2) Decisions to deny certification, deny renewal of certification, or revoke certification are subject to the review of an administrative law judge from the division of administrative law upon the aggrieved party requesting an adjudicatory hearing for the review of the department's decision pursuant to the provisions of Chapter 13-B of Title 49 of the Louisiana Revised Statutes of 1950.
H. No applicant, employee of the department, or any other public servant shall commit the crime of deceptive certification of a small and emerging business as provided for in R.S. 51:944.
I.(1) Funds received by the department and made available for small business surety bonding shall be deposited immediately upon receipt into the state treasury.
(2) Repealed by Acts 2014, No. 646, §11, eff. July, 1, 2014.
(3) The monies in the Small Business Surety Bonding Fund shall be used by the department solely to fund the department's efforts to provide financial assistance to small businesses to mitigate gaps in the state surety bonding market.
(4) The approval of the undersecretary of the office of management and finance and the assistant secretary of the office of business development within the department shall be required prior to the issuance of or entrance into any obligation, whether contractual or financial, by the bonding assistance program.
J. Staff necessary to effectuate this Part properly, insofar as funds are available, shall be employed by and be under the direction and control of the secretary of the department.
Acts 2001, No. 9, §9, eff. July 1, 2001; Acts 2014, No. 646, §11, eff. July 1, 2014.
Repealed by Acts 2011, No. 207, §7.
A. The crime of deceptive certification of a small and emerging business is the act of any applicant who does any one or all of the following:
(1) Fraudulently obtains or retains certification as a small and emerging business under R.S. 51:942 or any similar program conducted or funded by the state or a political subdivision thereof.
(2) Willfully makes a false statement, whether by affidavit, report, or other representation, to an official or employee of the department with the intent to influence the certification or denial of certification of any business entity as a small and emerging business under R.S. 51:942 or any similar program conducted or funded by the state or a political subdivision thereof.
(3) Fraudulently obtains money reserved for, allocated to, or available to a small and emerging business pursuant to R.S. 51:942 or any similar program conducted or funded by the state or a political subdivision thereof.
B. Any employee of the department or any other public servant who, with the intent to defraud, knowingly commits any of the acts provided for in Subsection A of this Section or knowingly assists an applicant in committing any such acts shall be guilty of the crime of deceptive certification of a small and emerging business and shall be subject to any penalties or other court orders provided for in this Section.
C. Whoever commits the crime of deceptive certification of a small and emerging business shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, for not more than two years, or both.
D. In addition to any fine imposed under this Section the court, as a condition of any suspension of an order of imprisonment, shall require that the offender make restitution to the entity from which such money was obtained, in an amount equal to all or part of the amount of money that was obtained in violation of this Section.
Acts 2001, No. 9, §9, eff. July 1, 2001.
Any references to the division of small and emerging business development, or any of its previous titles, throughout the Louisiana Revised Statutes of 1950, shall mean the department.
Acts 2001, No. 9, §9, eff. July 1, 2001.
A. It is the finding of the Legislature of Louisiana that the overall economic health of the state would be improved by enabling the growth or formation of more viable small businesses. The legislature also finds that one way to facilitate the growth and formation of small businesses is to establish a mentor-protégé program to enable economically disadvantaged businesses to break down barriers and build economic self-sufficiency and capacity. The legislature finds that the establishment of a mentor-protégé program would benefit the state as the program would facilitate the creation of mutually beneficial relationships to assist in the transfer of managerial and technical skills and in the provision of one-on-one technical assistance from companies which are self-sufficient and thriving to companies which are attempting to succeed economically. The legislature further finds that an important element in facilitating companies to become economically viable includes development of the capacity to compete for public and private sector contracting and purchasing opportunities.
B. There is hereby established within the division the mentor-protégé program which shall be administered by the division. The division shall provide for implementation of the program through the adoption and promulgation of rules and regulations which, at a minimum, provide for the following:
(1) Terms, conditions, and criteria for participation, which at a minimum shall include eligibility as economically disadvantaged businesses and persons.
(2) Development of a departmental marketing plan identifying business sectors to target for mentor-protégé activities and identifying potential firms to participate.
(3) Establishment of a database of protégé companies throughout the state to identify companies based on the type of enterprise in which they are involved.
(4) Guidelines for participation by mentor firms, including the following:
(a) Demonstrated capacity in managerial or technical skills.
(b) Participation requirements, including the time frame of the mentor-protégé relationship, specific business processes, procedures, or skills which will be transferred, and other evidence that a bona fide mentor-protégé business relationship exists.
(5) Guidelines for participation by the protégé firms, including:
(a) Eligibility criteria, including a net worth threshold and other business capacity measures.
(b) Eligibility for governmental contracting.
(6) Development and approval of a mentor-protégé plan between qualified firms detailing the following:
(a) The duties and responsibilities to be performed by each party in the joint, reciprocal relationship, including the transfer of managerial and technical skills and the development of competence, competitive position, and shared opportunity.
(b) Prohibition of mentor-protégé participation in the source selection process pursuant to R.S. 51:947 within one hundred and twenty days after a mentor-protégé plan between two companies has been approved.
(c) Provisions for termination, including provisions relative to competition between the mentor and protégé firms once the relationship is ended.
(7) Measures of performance to evaluate each individual mentor-protégé plan approved by the division including measures of the change in protégé firm's business capacity and capability, numbers and dollar value of contracts under the plan, and progress toward graduation from protégé status.
(8) Provisions for nonperformance by either the mentor firm or the protégé firm.
(9) Provisions for conflict resolution between the two parties in the relationship.
(10) Implementation of internal departmental controls over the program and the participants.
Acts 2006, No. 434, §1.
Any state agency may develop a plan for participation in the mentor-protégé program which plan shall be consistent with the rules and regulations adopted pursuant to R.S. 51:946. Additionally, each plan shall specify the conditions for participation for that agency in accordance with the statutes governing public bid and procurement.
Acts 2006, No. 434, §1.
The purpose of this Part is to improve the dissemination of information regarding access to electric generation produced in Louisiana by generation facilities that use or consume groundwater of the state and to assure that Louisiana-based wholesale power buyers are notified of the generator's intent to sell power in furtherance of the policy set forth in R.S. 51:921.
Acts 2001, No. 1040, §1, eff. June 27, 2001.
A.(1) The provisions of this Section shall apply to all entities that own, lease, and/or operate new or expanded electric generation facilities that commence operation in the state on or after January 1, 2003, if the new or expanded electric generation facilities use or consume groundwater of the state in the process of producing electricity for sale into the wholesale electricity market.
(2) The provisions of this Section shall not apply to municipally owned or operated electric generation facilities, electric generation facilities subject to the jurisdiction of the Louisiana Public Service Commission, qualifying cogeneration and small power production facilities as defined in the Public Utilities Regulatory Act of 1978 (PURPA), or electric generation facilities that produce electricity exclusively for use at the site of generation and/or for sale to a Louisiana electric public facility.
B.(1)(a) All new or expanded electric generation facilities provided for in Subsection A of this Section shall, at least one hundred eighty days prior to the start of commercial operation of such facilities, provide notice to the secretary of Louisiana Economic Development, the executive secretary of the Louisiana Public Service Commission, and the Groundwater Management Commission of the expected date for commencing such operation and contact information for electric power sales from the generation facilities. Such notice shall be designed to inform Louisiana-based wholesale power buyers of the generator's intent to sell power.
(b) Louisiana Economic Development and the Louisiana Public Service Commission shall post such information on each agency's official website and/or publish such information in each agency's official publication.
(2) After the initial operation of such facility, its management shall provide semiannual notification to such department and commissions, if less than twenty-five percent of the power sales in megawatt hours from the facility during the previous six months were made to in-state purchasers.
Acts 2001, No. 1040, §1, eff. June 27, 2001.
§§955 to 959 Repealed by Acts 1986, No. 364, §1, eff. July 2, 1986.
Repealed by Acts 2014, No. 832, §3.
Repealed by Acts 2014, No. 832, §3.
Repealed by Acts 2014, No. 832, §3.
Repealed by Acts 2014, No. 832, §3.
Repealed by Acts 2012, No. 834, §13, eff. July 1, 2012.
A. The activities of the various parish and regional economic development organizations in the state shall be supported through the Local Economic Development Support Program as developed by Louisiana Economic Development and only in the amounts appropriated each year by the legislature.
B.(1) Louisiana Economic Development, through its office of commerce and industry, shall provide by rules and regulations promulgated under the Administrative Procedure Act for a Local Economic Development Support Program.
(2) The rules and regulations shall incorporate a distribution formula that shall use as its basis the population, the number of business establishments, and the level of services associated with each recipient of funding. The funds shall be distributed pursuant to a contract between the recipient and the department that clearly specifies the services to be performed by the recipient and the territorial jurisdiction for which the recipient is responsible in rendering its services.
(3) The services to be rendered may include but are not limited to the following:
(a) Submission of community data summaries on all relevant communities in the jurisdiction.
(b) Submission of information on approved forms for all industrial parks and sites over five acres and industrial buildings over twenty thousand square feet in the jurisdiction.
(c) Submission of an annual report on visual inspection of properties in (b) herein.
(d) Submission of a quarterly update on availability of properties in (b) herein.
(e) Submission of an office space guide on an annual basis.
(f) Development of marketable properties.
(g) Cooperation in prospect activities, including but not limited to the development of adequate local sales teams, promotional literature, and participation in prospect trips.
(h) Development of local development corporations.
(i) Coordination of the Ready Cities Program.
(j) Identification of opportunities for joint federal and state project funding and appropriate grantsmanship.
(k) Joint federal and state procurement assistance.
(l) Loan packaging.
(m) Moderately complex financing assistance.
(n) SBIR application assistance.
(o) Identification of licensing or joint venture opportunities and managing such projects.
(p) Export assistance.
(q) Identification of opportunities for establishing of businesses.
Acts 1984, No. 634, §1; Acts 1992, No. 984, §16.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2001, No. 8, §18, eff. July 1, 2001.
Repealed by Acts 2001, No. 8, §18, eff. July 1, 2001.
Repealed by Acts 2001, No. 8, §18, eff. July 1, 2001.
Repealed by Acts 2001, No. 8, §18, eff. July 1, 2001.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
NOTE: AS ENACTED BY ACTS 1960, NO. 389, §2:
The Southern Interstate Nuclear Compact is hereby enacted into law and entered into by the state of Louisiana with any and all states legally joining therein in accordance with its terms. The party states recognize that the proper employment of nuclear energy, facilities, materials, and products can assist substantially in the industrialization of the South and the development of a balanced economy for the region. They also recognize that optimum benefit from an acquisition of nuclear resources and facilities requires systematic encouragement, guidance, and assistance from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis; it is the purpose of this compact to provide the instruments and framework for such a cooperative effort to improve the economy of the South and contribute to the individual and community well being of the region's people.
NOTE: AS AMENDED BY ACTS 1979, NO. 576, §1, EFF. UPON APPROVAL BY NINE PARTY STATES AND CONGRESS:
The Southern States Energy Compact is hereby enacted into law and entered into by the state of Louisiana with any and all states legally joining therein in accordance with its terms. The party states recognize that the proper employment and conservation of energy and employment of energy related facilities, materials, and products, within the context of a responsible regard for the environment, can assist substantially in the industrialization of the south, and the development of a balanced economy for the region; they also recognize that optimum benefit from an acquisition of energy resources and facilities requires systematic encouragement, guidance, and assistance from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis; it is the purpose of this compact to provide the instruments and framework for such a cooperative effort to improve the economy of the south and contribute to the individual and community well being of the region's people.
Acts 1979, No. 576, §1.
NOTE: AS ENACTED BY ACTS 1960, NO. 389, §2:
The governor shall appoint one member of the Southern Interstate Nuclear Board as established by Article II of the Compact. Said member shall serve at the pleasure of the governor for a term of four years and may be reappointed. If said member of the Board shall be the head of a regularly constituted department or agency of this state, he may designate a subordinate officer or employee of his department or agency to serve in his stead as permitted by Article II(a) of the Compact and in conformity with any applicable by-laws of the Board.
NOTE: AS AMENDED BY ACTS 1979, NO. 576, §1, EFF. UPON APPROVAL BY NINE PARTY STATES AND CONGRESS:
§1002. Southern States Energy Board
A. There is hereby created an agency of the party states to be known as the Southern States Energy Board, hereinafter called the board. The board shall be composed of three members from each party state, one of whom shall be appointed or designated in each state to represent the governor, the State Senate, and the State House of Representatives, respectively. Each member shall be designated or appointed in accordance with the law of the state which he represents and serving and subject to removal in accordance with such law. Any member of the board may provide for the discharge of his duties and the performance of his functions thereon, either for the duration of his membership or for any lesser period of time, by a deputy or assistant, if the laws of his state make specific provisions therefor. The federal government may be represented without vote if provision is made by federal law for such representation.
B. Each party state shall be entitled to one vote on the board, to be determined by majority vote of each member or member's representative from the party state present and voting on any question. No action of the board shall be binding unless taken at a meeting at which a majority of all party states are represented and unless a majority of the total number of votes on the board are cast in favor thereof.
C. The board shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer. The board shall appoint an executive director who shall serve at its pleasure and who shall also act as secretary, and who, together with the treasurer, shall be bonded in such amounts as the board may require.
D. The executive director, with the approval of the board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the board's functions irrespective of the civil service, personnel or other merit system laws of any of the party states.
E. The board may establish and maintain, independently or in conjunction with any one or more of the party states, a suitable retirement system for its full-time employees. Employees of the board shall be eligible for social security coverage in respect of old age and survivors insurance, provided that the board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.
F. The board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm, or corporation.
G. The board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same.
H. The board may establish and maintain such facilities as may be necessary for the transacting of its business. The board may acquire, hold, and convey real and personal property and any interest therein.
I. The board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
J. The board annually shall make to the governor of each party state, a report covering the activities of the board for the preceding year, and embodying such recommendations as may have been adopted by the board, which report shall be transmitted to the legislature of said state. The board may issue such additional reports as it may deem desirable.
Acts 1979, No. 576, §1.
NOTE: AS ENACTED BY ACTS 1960, NO. 389, §2:
The departments, agencies and officers of this state and its subdivisions are hereby authorized to cooperate with the Southern Interstate Nuclear Board in the furtherance of any of its activities pursuant to the Compact.
NOTE: AS AMENDED BY ACTS 1979, NO. 576, §1, EFF. UPON APPROVAL BY NINE PARTY STATES AND CONGRESS:
§1003. Finances
A. The board shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.
B. Each of the board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. One half of the total amount of each budget of estimated expenditures shall be apportioned among the party states in equal shares; one quarter of each such budget shall be apportioned among the party states in accordance with the ratio of their populations to the total population of the entire group of party states based on the last decennial federal census; and one quarter of each such budget shall be apportioned among the party states on the basis of the relative average per capita income of the inhabitants in each of the party states based on the latest computations published by the federal census taking agency. Subject to appropriation by their respective legislatures, the board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the board.
C. The board may meet any of its obligations in whole or in part with funds available to it under R.S. 51:1002(G), provided that the board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the board makes use of funds available to it under R.S. 51:1002(G) the board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same.
D. The board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the board shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the board.
E. The accounts of the board shall be open at any reasonable time for inspection.
Acts 1979, No. 576, §1.
NOTE: ACTS 1979, NO. 576, §1, EFF. UPON APPROVAL BY NINE PARTY STATES AND CONGRESS:
The board may establish such advisory and technical committees as it may deem necessary, membership on which to include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, state and federal government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact.
Acts 1979, No. 576, §1.
NOTE: ACTS 1979, NO. 576, §1, EFF. UPON APPROVAL BY NINE PARTY STATES AND CONGRESS:
The board shall have power to:
A. Ascertain and analyze on a continuing basis the position of the South with respect to energy, energy related industries, and environmental concerns.
B. Encourage the development, conservation, and responsible use of energy and energy related facilities, installations, and products as part of a balanced economy and healthy environment.
C. Collect, correlate, and disseminate information relating to civilian uses of energy and energy related materials and products.
D. Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspect of:
(1) Energy, environment, and application of energy, environmental and related concerns to industry, medicine, or education or the promotion or regulation thereof.
(2) The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of energy and energy related materials, products, installations, or wastes.
E. Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations on energy product, material, or equipment use and disposal and of proper techniques or processes for the application of energy resources to the civilian economy or general welfare.
F. Undertake such nonregulatory functions with respect to sources of radiation as may promote the economic development and general welfare of the region.
G. Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to energy and environmental fields.
H. Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or ordinances of the party states in any of the fields of its interest and competence as in its judgment may be appropriate. Any such recommendation shall be made through the appropriate state agency with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions.
I. Prepare, publish and distribute, with or without charge, such reports, bulletins, newsletters or other material as it deems appropriate.
J. Cooperate with the United States Department of Energy or any agency successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interests.
K. Act as licensee of the United States Government or any party state with respect to the conduct of any research activity requiring such license and operate such research facility or undertake any program pursuant thereto.
L. Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of energy and environmental incidents in the area comprising the party states, to coordinate the nuclear, environmental and other energy related incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with energy and environmental incidents. The board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with energy and environmental incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.
Acts 1979, No. 576, §1.
NOTE: ACTS 1979, NO. 576, §1, EFF. UPON APPROVAL BY NINE PARTY STATES AND CONGRESS:
A. To the extent that the board has not undertaken an activity or project which would be within its power under the provisions of R.S. 51:1005 of this compact, any two or more of the party states, acting by their duly constituted administrative officials, may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify its purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate. No such supplementary agreement entered into pursuant to this Section shall become effective prior to its submission to an approval by the board. The board shall give such approval unless it finds that the supplementary agreement or the activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the board.
B. Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the board may administer or otherwise assist in the operation of any supplementary agreement.
C. No party to a supplementary agreement entered into pursuant to this Section shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.
Acts 1979, No. 576, §1.
NOTE: ACTS 1979, NO. 576, §1, EFF. UPON APPROVAL BY NINE PARTY STATES AND CONGRESS:
Nothing in this compact is intended or shall be construed to:
Permit or require any person or other entity to avoid or refuse compliance with any law, rule, regulation, order, or ordinance of a party state or subdivision thereof now or hereafter made, enacted, or in force.
Limit, diminish, or otherwise impair jurisdiction exercised by the United States Department of Energy, any agency successor thereto, or any other federal department, agency, or officer pursuant to and in conformity with any valid and operative act of Congress.
Alter the relations between any respective internal responsibilities of the government of a party state and its subdivisions.
Permit or authorize the board to exercise any regulatory authority or to own or operate any nuclear reactor for the generation of electric energy; nor shall the board own or operate any facility or installation for industrial or commercial purposes.
Acts 1979, No. 576, §1.
NOTE: ACTS 1979, NO. 576, §1, EFF. UPON APPROVAL BY NINE PARTY STATES AND CONGRESS:
A. Any or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and the United States Virgin Islands shall be eligible to become party to this compact.
B. As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same in law; provided that it shall not become initially effective until enacted into law by seven states.
C. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing said governors of the action of the legislature in repealing the compact and declaring an intention to withdraw.
Acts 1979, No. 576, §1.
NOTE: ACTS 1979, NO. 576, §1, EFF. UPON APPROVAL BY NINE PARTY STATES AND CONGRESS:
The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence, or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant hereto shall be liberally construed to effectuate the purposes thereof.
Acts 1979, No. 576, §1.
The governor, the president of the Senate, and the speaker of the House of Representatives each shall appoint one member, who shall serve at the pleasure of the appointing officer for a four year term and who may be reappointed. If any of said members of the board shall be the head of a regularly constituted department or agency of this state, he may designate a subordinate officer or employee of his department or agency to serve in his stead as permitted by the applicable provisions of the compact and the bylaws of the board.
Acts 1979, No. 576, §1.
The departments, agencies, and officers of this state and its subdivisions are hereby authorized to cooperate with the Southern States Energy Board in the furtherance of any of its activities pursuant to the Compact.
Acts 1979, No. 576, §1.
A. The Tri-State Delta Economic Alliance is hereby enacted into law and entered into by the state of Louisiana to be formed with Arkansas and Mississippi legally joining therein in accordance with its terms.
B. The alliance shall include but not be limited to ten parishes in Louisiana, ten counties in Mississippi, and ten counties in Arkansas, all of which are to be located in the Mississippi Delta area in those three contiguous states of the delta. Specifically, as authorized by Senate Concurrent Resolution No. 46 of the 1994 Regular Session, East Carroll Parish shall be included in the compact, and may join with Washington County, Mississippi, and Chicot County, Arkansas, to apply for an empowerment zone, enterprise community, and/or the Fund for Rural America projects, or for any other state or federal funds or benefits that may be available.
C. The purpose of the alliance is to promote, encourage, and participate in industrial development, to combat poverty and high unemployment through economic development, to stimulate the economy of the delta region through commerce, industry, and research and for the utilization and development of natural, physical, and human resources in the region by providing job opportunities and job skills training.
Acts 1997, No. 125, §1; Acts 2002, 1st Ex. Sess., No. 43, §1, eff. April 18, 2002.
The governor, on behalf of the state, is authorized to enter into cooperative endeavor agreements with Arkansas and Mississippi for the public purpose of enhancing or maintaining the economic well-being of the delta region of the state. Such cooperative endeavor agreements may provide for the investment, pledge, use, or deposit of state funds and the guarantee by the state of certain financial obligations, or may otherwise obligate the state financially to achieve the goals set forth herein, subject to the appropriation of requisite funds, and only upon a showing of reasonable expectations that such obligation will result in economic development, creation of new jobs, the maintenance of existing jobs, and will combat poverty and high unemployment through economic development, or will achieve other economic goals that will equal or exceed the value of the obligations of the state required thereby.
Acts 1997, No. 125, §1; Acts 2002, 1st Ex. Sess., No. 43, §1, eff. April 18, 2002.
The governor is authorized, on behalf of the state, to apply for and receive and accept from any federal agency, the state, and/or the political subdivisions of the state or from any source, public or private, grants, loans, or advances for or in the aid of an economic development cooperative endeavor project or projects of the Tri-State Delta Economic Alliance, including applications for empowerment zones, enterprise communities, and Funds for Rural America projects, and to give such security as may be required and to enter into and carry out contract agreements in connection therewith.
Acts 1997, No. 125, §1; Acts 2002, 1st Ex. Sess., No. 43, §1, eff. April 18, 2002.
The departments, agencies, and officers of this state and its subdivisions are hereby authorized to cooperate in the furtherance of any of the activities pursuant to the Tri-State Delta Economic Alliance.
Acts 1997, No. 125, §1; Acts 2002, 1st Ex. Sess., No. 43, §1, eff. April 18, 2002.
This Chapter shall be named and may be cited as the Louisiana Strategic Plan to Combat Poverty Act.
Acts 2002, 1st Ex. Sess., No. 44, §1, eff. April 18, 2002; Acts 2002, 1st Ex. Sess., No. 162, §3, eff. April 26, 2002.
A.(1) The legislature finds that although the state has made strides in the past decade in reducing the poverty rate, according to statistical data published by the United States Bureau of the Census for the 2000 federal decennial census, significant portions of the state still suffer from its affects. In fact, according to such data, northeastern Louisiana, in particular, possessed some of the highest poverty rates in the state.
(2) The legislature further finds that in many Louisiana parishes, one-fifth of the residents are considered to be living in poverty and that the following parishes possessed elevated poverty rates represented as a percentage of their total populations:
(a) Caldwell - eighteen and nine-tenths percent.
(b) Catahoula - twenty-four percent.
(c) Concordia - twenty-one and nine-tenths percent.
(d) East Carroll - thirty-nine and three-tenths percent.
(e) Franklin - twenty-four and seven-tenths percent.
(f) Jackson - sixteen and two-tenths percent.
(g) LaSalle - fourteen and three-tenths percent.
(h) Lincoln - eighteen and nine-tenths percent.
(i) Madison - thirty and three-tenths percent.
(j) Morehouse - twenty-two and six-tenths percent.
(k) Ouachita - eighteen percent.
(l) Richland - twenty-four and two-tenths percent.
(m) Tensas - thirty-one and two-tenths percent.
(n) Union - eighteen and four-tenths percent.
(o) West Carroll - twenty and six-tenths percent.
(3) The legislature further finds that economic development and medical services, specifically targeted and well-coordinated, have proven to reduce poverty, foster economic growth, and increase the quality of life for all the state's residents.
(4) The legislature further finds that the Community Renewal Tax Relief Act of 2000 authorizes up to forty renewal communities throughout the United States wherein businesses would be eligible for tax incentives, of which four communities were secured by Louisiana. These renewal communities consist of the north Louisiana rural renewal communities region, the central Louisiana rural renewal communities region, the Ouachita urban renewal communities region and the Orleans/Jefferson urban renewal communities region. Although a total of twenty-eight parishes were included within the four regions, a significant number of the remaining parishes continue to be economically disadvantaged.
(5) The legislature further finds that certain depressed regions of the state need the particular attention of government to help attract private sector investment into these areas, as well as many local economic efforts which could benefit from a coordinated and well-managed plan of assistance provided by the departments of the state dedicated to the economic and medical well-being of its citizens.
(6) It is declared that the effective administration and coordination of economic development within the economically disadvantaged regions of the state is the sole responsibility of Louisiana Economic Development which, by state law, is charged with fostering targeted economic development in priority economic development zones.
(7) It is further declared that the rendering of health and medical services for the prevention of disease within the medically disadvantaged regions of the state is the sole responsibility of the Louisiana Department of Health, which by state law, is charged with administering health care programs within priority health care zones.
(8) The legislature further finds that education, which serves as a vital means to attaining employment, is critical to the elimination of poverty in this state.
B. In order to meet the needs of these disadvantaged parishes, the legislature hereby creates the Strategic Plan to Combat Poverty, hereinafter referred to in this Chapter as the "plan".
Acts 2002, 1st Ex. Sess., No. 44, §1, eff. April 18, 2002; Acts 2002, 1st Ex. Sess., No. 162, §3, eff. April 26, 2002; Acts 2005, No. 404, §1.
A. The plan shall be available and applicable throughout the state. However, as a priority, the plan shall specifically target the following northeast and targeted parishes for inclusion within priority economic development zones by the secretary of Louisiana Economic Development, as provided for in R.S. 36:104(A)(14) and for inclusion within priority health care zones by the secretary of the Louisiana Department of Health, as provided for in R.S. 36:254(A)(12):
(1) Caldwell.
(2) Catahoula.
(3) Concordia.
(4) East Carroll.
(5) Franklin.
(6) Jackson.
(7) LaSalle.
(8) Lincoln.
(9) Madison.
(10) Morehouse.
(11) Ouachita.
(12) Richland.
(13) Tensas.
(14) Union.
(15) West Carroll.
(16) Webster.
(17) St. Charles.
(18) St. John.
(19) Vermilion.
(20) Acadia.
(21) Washington.
(22) Tangipahoa.
(23) Iberville.
(24) Assumption.
(25) Avoyelles.
(26) St. James.
(27) DeSoto.
(28) Terrebonne.
(29) Lafourche.
(30) Calcasieu.
(31) Cameron.
(32) West Bank of Ascension.
(33) East Feliciana.
(34) West Feliciana.
(35) St. Helena.
(36) East Baton Rouge.
B.(1) The plan shall require the secretaries of Louisiana Economic Development and the Louisiana Department of Health to aid the parishes within the state's economically disadvantaged regions as provided for in Subsection A of this Section. The secretaries shall coordinate any and all assistance that may be obtained through state or federal anti-poverty, health care, or economic development stimulus plans or programs.
(2) The secretary of Louisiana Economic Development shall create priority economic development zones throughout the regions of the state, as provided for in Subsection A of this Section, and shall also specifically provide coordination and assistance to existing economic development districts, in particular, the Southside Economic Development District of the city of Monroe, the Downtown Economic Development District of the city of Monroe, and the Northeast Economic Development District.
(3) The secretary of the Louisiana Department of Health shall create priority health care zones throughout the state, taking into account federally designated health professional shortage areas and those parishes as provided for in Subsection A of this Section.
(4) The Louisiana Workforce Investment Council shall aid in the development and implementation of the Strategic Plan to Combat Poverty by coordinating and integrating a workforce development system.
(5)(a) The Louisiana Board of Regents shall aid in the development and implementation of the Strategic Plan to Combat Poverty in an attempt to reduce poverty by improving educational opportunities.
(b) Educational opportunities shall be provided by preparing each child academically and by providing caring, quality, and certified teachers in every classroom with adequate educational resources and by furnishing strong leadership.
Acts 2002, 1st Ex. Sess., No. 162, §3, eff. April 26, 2002; Acts 2008, No. 743, §7, eff. July 1, 2008.
In furtherance of the provisions of this Chapter, the secretaries of Louisiana Economic Development and the Louisiana Department of Health shall give consideration to the following areas:
(1) Creation and expansion of enterprise zones as provided for in R.S. 51:1781 et seq.
(2) Inclusion or expansion of state or federal anti-poverty plans.
(3) Education and training; scholarships; access.
(4) Housing initiatives, including the creation of a weatherization and energy assistance fund.
(5) Health; rural and urban access.
(6) Transportation; completion of economic corridors.
(7) Small business assistance.
Acts 2002, 1st Ex. Sess., No. 162, §3, eff. April 26, 2002.
A. The secretaries of the Departments of Louisiana Economic Development and the Louisiana Department of Health, as provided for in R.S. 36:104(A)(14) and 254(A)(12)(c), respectively, shall submit an annual report to the Senate and House agriculture, forestry, aquaculture and rural development committees, the Senate Committee on Commerce, Consumer Protection and International Affairs, the House Committee on Commerce and the Senate and House health and welfare committees detailing actions taken by the department in furtherance of the provisions of this Chapter.
B. The Louisiana Workforce Investment Council shall submit an annual report to the Senate and House labor and industrial relations committees detailing actions taken by the commission in furtherance of the provisions of this Chapter.
C. The Louisiana Board of Regents shall submit an annual report to the Senate and House education committees detailing actions taken by the board in furtherance of the provisions of this Chapter.
D. Louisiana Economic Development, the Louisiana Department of Health, the Louisiana Workforce Investment Council, and the Louisiana Board of Regents shall coordinate their work with the Department of Children and Family Services and ensure that the Department of Children and Family Services receives copies of all reports submitted to the legislative committees.
Acts 2002, 1st Ex. Sess., No. 162, §3, eff. April 26, 2002; Acts 2003, No. 183, §8; Acts 2005, No. 404, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.
A. The plan shall be a coordinated attempt to address the economic needs of the state's economically disadvantaged citizens whose concerns have not been addressed through the enactment of the Community Renewal Tax Relief Act of 2000.
B. The plan's participants shall consist of the several parishes of the state which possess a census tract which includes a poverty rate of twenty percent or higher and an unemployment rate of eight and four-tenths percent or higher, according to statistical data published by the United States Bureau of the Census for the 1990 federal decennial census. Such parishes shall be entitled to the same economic incentives as provided by the state in its application for renewal communities.
C. The governor's Office of Rural Development within the Office of Community Programs, shall extend to all census tracts or parishes meeting the standard provided for in Subsection B of this Section, all economic incentives as provided by the state in its application for renewal communities.
D. The Louisiana Department of Health, Louisiana Economic Development, and the Departments of Social Services, Labor, Transportation and Development, and Education shall provide information relative to the development of a strategic plan to combat poverty and shall direct such information to the governor's Office of Rural Development.
E. The director of the office of rural development shall submit an annual report to the Senate Commerce, Consumer Protection, and International Affairs Committee and to the House Commerce Committee detailing actions taken by the office in furtherance of the provisions of this Chapter.
Acts 2002, 1st Ex. Sess., No. 162, §3, eff. April 26, 2002; Acts 2003, No. 183, §8.
The legislature finds that poverty is one of the greatest enemies of human dignity and undermines the general welfare of the people of Louisiana. It destroys the liberty our ancestors fought so hard to preserve, a fight that continues today. The legislature continues to promote the health, safety, education, and welfare of the people of Louisiana by enacting this Part to combat poverty.
Acts 2005, No. 404, §1.
A. The Department of Children and Family Services shall be in charge of coordinating the overall development and implementation of the Governor's Solutions to Poverty Plan. The head of each of the following departments, offices and commissions shall select a coordinator from within the administration of each department, office or commission to work together to formulate plans and propose legislation to implement the recommended solutions:
(1) Department of Insurance.
(2) Louisiana Works.
(3) Department of Revenue.
(4) Louisiana Student Financial Assistance Commission and the office of student financial assistance.
(5) Louisiana Workforce Investment Council.
B. The coordinators selected in accordance with Subsection A of this Section shall, beginning September 1, 2005, coordinate the efforts of the departments, offices and commissions they represent in planning to implement the solutions recommended by the Governor's Summit on Solutions to Poverty and listed in R.S. 51:1045.3.
Acts 2005, No. 404, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.
A. The departments, offices and commissions listed in R.S. 51:1045.2 shall plan to implement through feasibility studies, in those parishes listed in R.S. 51:1035(A), the solutions recommended by the Governor's Summit on Solutions to Poverty as provided in this Section. The implementation plan and feasibility studies shall be coordinated through the Department of Children and Family Services.
B.(1) The Louisiana Student Financial Assistance Commission and the office of student financial assistance shall conduct a feasibility study on the following:
(a) A plan to allow the exchange of community service for college tuition.
(b) A plan for income-based student loan repayment.
(2) The commission shall report the results of its study and any proposed legislation required to implement proposals to the Senate Committee on Education and the House Committee on Education, separately or meeting jointly, not later than February 1, 2006.
C. Louisiana Works and the Louisiana Workforce Investment Council shall conduct a feasibility study on expanding the application of Incumbent Worker Training Funds. The department and commission shall report the results of its study and any proposed legislation required to implement proposals to the Senate Committee on Labor and Industrial Relations and the House Committee on Labor and Industrial Relations, separately or meeting jointly, not later than February 1, 2006.
D. The Department of Revenue shall conduct a feasibility study on requiring businesses that receive state corporate tax credits and benefits to provide health insurance and other employee benefits. The department shall report the results of its study and any proposed legislation required to implement proposals to the Joint Legislative Committee on the Budget and the Senate Committee on Revenue and Fiscal Affairs and the House Committee on Ways and Means, separately or meeting jointly, not later than February 1, 2006.
E. The Department of Insurance shall conduct a feasibility study on prohibiting new forms of insurance red-lining. The department shall report the results of its study and any proposed legislation required to implement proposals to the Senate Committee on Insurance and the House Committee on Insurance, separately or meeting jointly, not later than February 1, 2006.
Acts 2005, No. 404, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.
A. The Mississippi, Alabama, Louisiana and Texas Supercommittee, to be known as MALTS, is hereby enacted into the law of and entered into by the state of Louisiana to be formed with Alabama, Mississippi and Texas. The supercommittee shall become effective when enacted into law by all member states and when recognized by Congress.
B. The purpose of the supercommittee is to promote, encourage, and cooperate in restoring and revitalizing the areas affected by hurricanes Katrina and Rita.
Acts 2006, No. 817, §1, eff. July 5, 2006.
The governor, on behalf of Louisiana, is authorized to enter into cooperative endeavor agreements with Alabama, Mississippi, and Texas for the public purpose of restoring and revitalizing the state. However, prior to the governor exercising such authority, each such agreement shall have been presented to the legislature and shall have been approved by a majority of the elected members of each house of the legislature. Such approval shall be provided by the adoption of a concurrent resolution by such vote if approval is sought during a time the legislature is in legislative session. Such approval shall be provided by mail ballot using the same procedure for the distribution, return, and counting of such ballots as is provided for the ballots of the Interim Emergency Board if such approval is sought during a time when the legislature is not meeting in legislative session. Such cooperative endeavor agreements may provide for the investment, pledge, use, or deposit of state funds and the guarantee by the state of certain financial obligations, or may otherwise obligate the state financially to achieve the goals set forth herein. Such obligation shall be enforceable subject to the appropriation of requisite funds and upon a showing of reasonable expectations that the incurring of such obligation will result in restoring and revitalizing the state or will achieve other restoration and revitalizing goals that will equal or exceed the value of the obligations of the state required thereby. Notwithstanding any other provisions of law to the contrary, all cooperative endeavors sought to be entered into under the provisions of this Section shall receive approval by the Joint Legislative Committee on the Budget prior to their execution.
Acts 2006, No. 817, §1, eff. July 5, 2006.
The governor is authorized, on behalf of the state, to apply for and receive and accept from any federal agency, the state, or the political subdivisions of the state or from any source, public or private, grants, loans, or advances for or in the aid of the restoration and revitalization cooperative endeavor project or projects of MALTS.
Acts 2006, No. 817, §1, eff. July 5, 2006.
A. The departments, agencies, and officers of this state and its subdivisions are hereby authorized to cooperate in the furtherance of any of the activities pursuant to the MALTS.
B. The Mississippi, Alabama, Louisiana and Texas Supercommittee shall operate in concert with and with full recognition of the role, scope, and mission of the Louisiana Recovery Authority and shall cooperate with such authority in all regards.
Acts 2006, No. 817, §1, eff. July 5, 2006.
This Chapter shall be named and may be cited as the "Empowering Families to Live Well Louisiana Act".
Acts 2018, No. 581, §1, eff. May 31, 2018.
A.(1) The legislature finds that poverty is one of the greatest enemies of human dignity and the family unit and undermines the general welfare of the people of Louisiana and significant portions of the state suffer from the effects of poverty.
(2) The legislature further finds that the particular attention of state government could benefit families in poverty with a coordinated and well-managed plan provided by the departments of the state dedicated to empowering these families.
(3) It is declared that the effective administration and coordination of efforts to families in poverty is the responsibility of state government.
B. In order to meet these needs, the legislature hereby authorizes the creation of the Empowering Families to Live Well Louisiana Council and implementation plan, hereinafter referred to in this Chapter as the "plan".
Acts 2018, No. 581, §1, eff. May 31, 2018.
A. There is hereby established the Empowering Families to Live Well Louisiana Council to assist and empower struggling families throughout Louisiana. The council is hereby established within the Department of Children and Family Services which shall exercise and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of applicable state law.
B. The council shall be composed of the following members:
(1) The secretary of the Department of Children and Family Services, or designee.
(2) The secretary of the Louisiana Department of Health, or designee.
(3) The secretary of Louisiana Works, or designee.
(4) The president of the Louisiana Community and Technical College System, or designee.
(5) The secretary of Louisiana Economic Development, or designee.
(6) The secretary of the Department of Revenue, or designee.
(7) The secretary of the Department of Transportation and Development, or designee.
(8) The superintendent of the Department of Education, or designee.
(9) The executive director of the Louisiana Housing Corporation, or designee.
(10) The executive director of the Louisiana Office of Student Financial Assistance, or designee.
(11) The chair of the Senate Committee on Health and Welfare, or designee.
(12) The chair of the House Committee on Health and Welfare, or designee.
(13) The president/CEO of the Louisiana Association of United Ways, or designee.
(14) The president of the Urban League of Louisiana, or designee.
(15) The president of the Louisiana AFL/CIO, or designee.
(16) One member of the Louisiana State University faculty with expertise in the area of poverty, appointed by the chancellor of the LSU system.
(17) One member of the Southern University system faculty with expertise in the area of poverty, appointed by the president of Southern University.
(18) One member of the University of Louisiana system faculty with expertise in the area of poverty, appointed by the president of the system.
(19) One member of a Louisiana-based philanthropic organization, appointed by the governor.
(20) The executive director of Invest in Louisiana, or designee.
(21) The president of the Public Affairs Research Council of Louisiana, or designee.
(22) The executive director of the Louisiana Interchurch Conference, or designee.
(23) The executive director of the Children's Cabinet, or designee.
(24) One at-large member appointed by the governor.
(25) One member representing Ellevate Louisiana.
C.(1) The secretary of the Department of Children and Family Services, or designee, and the chair of the Senate Committee on Health and Welfare, or designee, shall serve as cochairs of the council.
(2) The council shall have as its purpose the goal of pursuing programs and policies which reduce deprivation and hardship, while promoting the well-being and health of all Louisianians. The council shall seek private sector funding to be used with public funds to support evidence-based, innovative solutions to poverty.
(3) The council may solicit guidance from in-state and national experts on the subject.
(4) The council shall seek funding for grant programs targeted at local government entities, nonprofit organizations, faith-based organizations, and other qualified community-based organizations directly serving people in Louisiana.
(5) The council may work to develop mechanisms to coordinate assistance and services offered by state departments to best address the needs of families throughout the state.
D.(1) The council shall adopt such rules and procedures as it shall find necessary for the conduct of the activities and meetings of the council.
(2) No action shall be taken by the council except by a favorable vote of a majority of members present.
(3) The council shall elect such officers as it finds necessary.
(4) The council shall meet at least once each quarter.
(5) The council may establish subcommittees composed of a subset of council members, as needed.
E. Members shall serve without compensation or reimbursement of expenses, other than what may be afforded by their appointing authority. Legislative members of the council shall receive the same per diem and reimbursement of travel expenses as is provided for legislative committee meetings under the rules of the respective house in which they serve.
F. The council shall make, or cause to be made, all such studies, reviews, or analyses which it finds necessary for its purpose.
G. The council may receive and expend funds appropriated or otherwise made available by the legislature or from any other source, including donations or gifts of money or services from public or private organizations or from any other sources, to be utilized for the purposes of the council.
H. The council shall submit an implementation plan to the Senate Committee on Health and Welfare and the House Committee on Health and Welfare, meeting jointly, for approval by June 30, 2026. The plan shall include administrative and legislative policy recommendations.
I. Thereafter, the council shall present an annual report on the development of an implementation plan to the Senate Committee on Health and Welfare and the House Committee on Health and Welfare, meeting jointly. This report shall include a section from each state department that is a member of the council, outlining administrative policy changes that can further the mission of the council. The report shall also include legislative recommendations. The report shall be submitted for approval to the Senate Committee on Health and Welfare and the House Committee on Health and Welfare, meeting jointly, no later than January thirty-first of each year.
Acts 2018, No. 581, §1, eff. May 31, 2018; Acts 2025, No. 108, §§1, 2, eff. June 8, 2025.
A. There is hereby created in the state treasury, as a special fund, the Live Well Louisiana Fund, hereinafter referred to as the "fund".
B.(1) The source of monies deposited into the fund shall be any monies appropriated annually by the legislature, including federal funds, any public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities which may be made to the fund, and any other monies which may be provided by law.
(2) Monies in the fund shall be invested in the same manner as monies in the state general fund and interest earned on investment of monies in the fund shall be credited to the state general fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
C. Subject to an annual appropriation by the legislature, monies in the fund shall be used as directed by the council solely to fund grants and projects which will address the goals and objectives of reducing poverty and promoting well-being in the state.
Acts 2018, No. 581, §1, eff. May 31, 2018.
As used in this Chapter, the following words and phrases, unless the text otherwise clearly indicates, shall have the following meanings:
(1) "Corporation" means a Louisiana business development corporation created under this Chapter.
(2) "Persons" includes individuals, firms, partnerships, corporations, trusts, associations and insurance companies.
(3) "Business" includes any commercial type activity whether conducted by an individual, firm, partnership, corporation, association or insurance company, provided such commercial type activity is located and doing business within the state of Louisiana.
Acts 1962, No. 434, §1.
Fifteen or more persons, a majority of whom are residents of or domiciled in the state of Louisiana, who desire to create a business development corporation or corporations under the provisions of this Chapter for the purpose of promoting, developing and advancing the prosperity and economic welfare of the state of Louisiana and, to that end, to exercise powers and privileges hereinafter provided, may be incorporated upon compliance with the provisions of Chapter 1 of Title 12 of the Louisiana Revised Statutes of 1950 and upon compliance with the provisions of this Chapter.
Acts 1962, No. 434, §2.
Each corporation formed under this Chapter shall prepare and file articles of incorporation setting forth, in addition to the requirements of the provisions of Chapter 1 of Title 12 of the Louisiana Revised Statutes of 1950, the following:
(1) The name of the corporation, which shall include the words "Louisiana Business Development Corporation."
(2) The location of the principal office of the corporation, which shall not prohibit the corporation from maintaining offices in such other places within the state as may be fixed by the board of directors of the corporation.
(3) The purpose or purposes for which the corporation is founded, which shall include the following:
"The purposes of the corporation shall be to promote, stimulate, develop and advance the business prosperity and economic welfare of the state of Louisiana and its citizens; to encourage and assist through loans, investments or other business transactions, in the localities or locations of new business or industry in this state and to rehabilitate and assist existing business or industry; and so to stimulate and assist in the expansion of all kinds of business activity which will tend to promote the business development and maintain the economic stability of this state, provide maximum opportunities for employment, encourage thrift, and to improve the standard of living of the citizens of this state; to cooperate fully and act in conjunction with Louisiana Economic Development; and to similarly cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural and recreational developments in this state; and to provide financing for the promotion, development and conduct of all kinds of business activity in this state except the business of lending money to a business whose primary business is to lend money for a profit."
Acts 1962, No. 434, §3.
In furtherance of the purposes of corporations formed under the provisions of this Chapter, the powers conferred on business corporations by the provisions of Chapter 1 of Title 12 of the Louisiana Revised Statutes of 1950, shall apply to any corporation organized hereunder except to the extent that any of such provisions are in conflict with the express provisions of this Chapter.
Acts 1962, No. 434, §4.
Before the certificate of incorporation of any corporation organized pursuant to this Chapter shall become effective and before the charter for said corporation may be issued by the secretary of state, the said certificate or articles of incorporation for said corporation shall be approved by a majority vote of the board of commerce and industry of the state of Louisiana.
Acts 1962, No. 434, §5.
If a corporation organized pursuant to this Chapter fails to commence to do business within three years from the effective date of the approval of its articles of incorporation or the granting of its charter by the secretary of state, whichever occurs earlier, then the said charter shall become null and void.
Acts 1962, No. 434, §6.
No corporation organized under the provisions of this Chapter shall lend money to any person engaged in the business of lending money to any other person for profit.
Acts 1962, No. 434, §7.
Repealed by Acts 1988, No. 888, §7, eff. July 21, 1988.
§§1131 to 1133 Repealed by Acts 1988, No. 888, §7, eff. July 21, 1988.
This Chapter may be cited as the Venture Capital Network Law.
Acts 1987, No. 449, §1.
A. The purpose of this Chapter is to improve the dissemination of information regarding informal investment opportunities to potential investors and entrepreneurs, and thereby stimulate the growth of small businesses in Louisiana.
B. Consistent with the purpose stated in Subsection A of this Section, Louisiana Economic Development is directed to establish, from funds appropriated to or otherwise available to the department, the Venture Capital Network as a clearinghouse for information on informal risk capital investment opportunities in the fifty-thousand-dollar to five-hundred-thousand-dollar range in Louisiana.
Acts 1987, No. 449, §1.
The department shall:
(1) Enter into service contracts on a competitive bid basis with public and private agencies, institutions, organizations, and individuals for the purpose of establishing and operating the Venture Capital Network.
(2) Receive and approve contract proposals for the purpose of establishing the Venture Capital Network.
(3) Solicit the support and contributions of public and private agencies, organizations, institutions, and individuals.
(4) Accept and administer contributions for the purpose of operating the Venture Capital Network.
(5) Advertise and promote the Venture Capital Network.
Acts 1987, No. 449, §1.
The Venture Capital Network shall:
(1) Solicit, compile, profile, and maintain current information describing opportunities for risk capital investment in new or emerging business ventures.
(2) Identify active informal investors and profile their distinguishing investment objectives.
(3) Provide, for a reasonable fee, a timely, confidential, and objective referral system serving both entrepreneurs and investors.
(4) Maintain statistics on the operation of the Venture Capital Network, including the number of profile entrepreneurs and investors, referrals, and referrals resulting in investment.
Acts 1987, No. 449, §1.
A. The Venture Capital Network shall not serve any fiduciary, advisory, or evaluative function in making referrals.
B. The remedies and causes of action provided under the securities laws of the United States and under the provisions of Part X of Chapter 2 of Title 51 shall apply to any conduct or activity of the Venture Capital Network.
Acts 1987, No. 449, §1.
The department shall endeavor to locate a private sector sponsor or group of sponsors to assume administration of the Venture Capital Network.
Acts 1987, No. 449, §1.
Whenever used in this Chapter, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall be given the following respective interpretations:
(1) "Corporation" means any corporation organized pursuant to the provisions of this chapter.
(2) "Municipality" and "parish" mean any incorporated city or town, or any parish, in this state with respect to which a corporation may be organized and in which it is contemplated the corporation will function.
(3) "Anti-pollution project" means any land, easement, servitude, leasehold interest or other interest or right or estate in land, any building or other facility or improvement thereon, and any personal property, or any combination of the foregoing, whether or not now in existence, which shall be designed, acquired, constructed or installed in order to abate, eliminate, control or prevent air or water or noise or other pollution or to control or eliminate or dispose of liquid and solid wastes, or for the removal or treatment of any substance or materials which otherwise would cause pollution or contamination of any kind, suitable for use by the following or any combination of two or more thereof: any industry for the manufacturing, processing or assembling of raw, semi-manufactured or manufactured products, including agricultural, fish, forest, water or mineral products; any enterprise for the planting, cultivating and harvesting of crops, including those so planted, cultivated and harvested for food, ornamental, grazing or forest purposes; any commercial enterprise in storing, warehousing or distributing the products of agriculture, fishing, forestry, mining or industry, exclusive of retail or wholesale enterprises; any enterprise for research or development or research and development in connection with any of the foregoing, or for the purpose of developing new products or new processes, or improving existing products or known processes; any enterprise for research, development, exploration or study, of land, sea, water, air, sky or space; any nonprofit educational institution, museum or planetarium or the government of the United States or any agency, department, board, bureau, corporation or other instrumentality thereof; and any person, firm or corporation engaged primarily in the manufacture, production, generation, transmission or distribution of electricity, steam heat, water or gas or any combination thereof, or telephone or other services for sale to the public and classified as a public utility.
(4)(a) "Development project" means any land, easement, servitude, leasehold interest, or other interest or right in land, and any building or other facility or improvement thereon, including a single or multiple occupant office building or building complex, and all movable and immovable properties deemed necessary in connection therewith, including parking garages, whether or not now in existence, which shall be suitable for use by the following or by any combination of two or more thereof:
(i) Any industry for the manufacturing, processing, or assembling of any raw, agricultural, semimanufactured, or manufactured products.
(ii) Any commercial enterprise in storing, warehousing, distributing, or selling any products of agriculture, fishing, forestry, mining, or industry.
(iii) Business or professional offices.
(iv) Hotels.
(v) Any international, national, regional, or state offices of business or industry.
(b) "Development project" also means any other facility that is determined by an industrial development board to be instrumental to the removal of blight or the redevelopment of distressed areas, or to promote economic development through the creation of jobs, or to enhance the tax base of a community through the construction, renovation, or rehabilitation of improvements, but does not include facilities designed for the sale or distribution to the public of electricity, gas, water, or telephone or other services commonly classified as public utilities.
(c) However, the Industrial Development Board of Lincoln Parish, Incorporated, may acquire, own, operate, construct, lease, and sell a water and sewerage system.
(5) "Governing body" means the board or body in which the general legislative powers of the municipality or the parish are vested.
(6) "Project" means any anti-pollution project or any development project or any combination thereof.
Acts 1962, No. 436, §1. Amended by Acts 1964, No. 433, §1; Acts 1972, No. 103, §1, emerg. eff. June 25, 1972, at 6:15 P.M.; Acts 1978, No. 198, §1; Acts 1979, No. 371, §1; Acts 1989, No. 96, §1; Acts 1997, No. 171, §1, eff. June 13, 1997; Acts 1997, No. 1161, §1, eff. July 1, 1997.
A. The legislature hereby finds and determines:
(1) That the existence, development and expansion of commerce and industry are essential to the economic growth of the state and to the full employment, welfare and prosperity of its citizens;
(2) That pollution of the environment can result from the existence, development and expansion of commerce, industry and other enterprises and endanger the health, welfare and safety of the citizens of the state;
(3) That the proper and sanitary disposal of waste is important to the improvement of the quality of the environment;
(4) That the present and future health, safety, right to gainful employment, and the general welfare of the people of the state merit and require the assistance of the state, its agencies, and political subdivisions in the development within the state and its political subdivisions of industrial, agricultural, manufacturing, and research enterprises; in the control, reduction, abatement, elimination, and prevention by industrial, agricultural, manufacturing, and research enterprises and utilities, of air, water, noise, and other pollution and in the proper disposal by them of wastes; and in the attraction and retention of sound business and commercial enterprises which contribute to the economic growth and vitality of the state and its political subdivisions;
(5) That in order to reduce, control and prevent environmental pollution, it is imperative that action be taken at various levels of government to require acquisition, construction and installation of devices, equipment and facilities for the elimination, collection, reduction, treatment and disposal of such wastes and pollutants; that the cost of such acquisition, construction and installation, if required to be assumed and paid by private enterprises without public assistance, may be unduly burdensome and may jeopardize the continued operation of such enterprises in the state or discourage or prevent the location of new enterprises in the state;
(6) That the means and measures herein authorized by this chapter and the assistance provided in this chapter, especially with respect to financing, are in the public interest and serve a public purpose of the state in promoting the health, welfare, and safety of the citizens of the state, not only physically by reducing, controlling, abating and preventing environmental pollution, but also economically by the securing and retaining of private industrial, commercial and other enterprises and the resulting maintenance of a higher level of employment and economic activity and stability.
B. It is the intent of the legislature by the passage of this Chapter to authorize the incorporation in the several municipalities or in the parishes in this state of public corporations to acquire, own, lease, rent, repair, renovate, improve, finance, sell, and dispose of properties to the end that such corporations may be able to promote industry and develop trade by inducing manufacturing, industrial, commercial, and other enterprises to locate in this state and further the use of its agricultural products and natural resources; to acquire, own, lease, rent, repair, renovate, improve, finance, sell, and dispose of properties for the abatement, elimination, control, and prevention of air, water, noise, or other pollution or to control or eliminate or dispose of liquid and solid wastes; and to acquire, own, lease, rent, repair, renovate, improve, finance, sell, and dispose of properties to the end that such corporations may be able to attract and retain business and commercial enterprises in the municipality or parish to maintain and expand employment and the economy in the area. It is further the intent of the legislature to vest such corporations with all powers that may be necessary to enable them to accomplish the aforementioned purposes, and more particularly to undertake and complete anti-pollution and development projects. It is not intended hereby that any such corporation shall itself be authorized to operate any manufacturing, industrial, or commercial enterprise. This Chapter shall be liberally construed in conformity with the intentions herein expressed.
Acts 1962, No. 436, §2. Amended by Acts 1964, No. 433, §1; Acts 1972, No. 103, §2, emerg. eff. June 25, 1972, at 6:15 P.M.; Acts 1979, No. 371, §1.
Whenever any number of natural persons, not less than three, each of whom are qualified electors of the municipality or the parish, file with the governing body thereof an application in writing seeking permission to apply for the incorporation of an industrial development board of such municipality or parish, the governing body thereof shall proceed to consider such application. If the governing body by appropriate resolution duly adopted finds and determines that it is wise, expedient, necessary or advisable that the corporation be formed and authorized, the persons making such application shall proceed to incorporate in accordance with the provisions contained in Title 12 of the Louisiana Revised Statutes of 1950, as amended. No corporation may be formed unless such application first has been filed with the governing body of the municipality or in the case of a parish, the governing body of the parish, and such governing body adopts a resolution as provided in this section.
Acts 1962, No. 436, §3. Amended by Acts 1964, No. 433, §1; Acts 1972, No. 103, §3, emerg. eff. June 25, 1972, at 6:15 P.M.
In addition to the requirements of Title 12 of the Louisiana Revised Statutes of 1950, the articles of incorporation shall set forth:
The names and residences of the applicants, together with a recital that each of them is an elector of the municipality or the parish;
The name of the corporation, which shall be the Industrial Development Board of the ________ of _______, Inc. (the blank spaces to be filled in with the name of the municipality or parish, including the proper designation thereof as a city, town or parish);
A recital that permission to organize the corporation has been granted by resolution duly adopted by the governing body of the municipality or parish and the date of the adoption of such resolution; and
The location of the principal office of the corporation, which shall be in the municipality or parish.
Acts 1962, No. 436, §4. Amended by Acts 1964, No. 433, §1; Acts 1972, No. 103, §4, emerg. eff. June 25, 1972, at 6:15 P.M.
The articles of incorporation may at any time and from time to time be amended to make any changes therein and add any provisions thereto which might have been included in the certificate of incorporation in the first instance, provided that the members of the board of directors of the corporation first shall file with the governing body of the municipality or parish an application in writing seeking permission to amend the articles of incorporation, specifying in such application the amendment proposed to be made. The governing body thereof shall consider such application and, if by appropriate resolution it finds and determines that it is wise, expedient, necessary or advisable that the proposed amendment be made, authorizes the same to be made, and approves the form of the proposed amendment, then the persons making such application shall proceed to amend the articles in accordance with the provisions of Title 12 of the Louisiana Revised Statutes of 1950.
Acts 1962, No. 436, §5. Amended by Acts 1964, No. 433, §1.
A.(1) The corporation shall have a board of directors in which all powers of the corporation shall be vested and which shall consist of any number of directors, not less than three, all of whom shall be duly qualified electors of the municipality or parish with respect to which the corporation was formed. The directors shall serve as such without compensation, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. No director shall be an officer or employee of the municipality or parish.
(2) The directors shall be elected by the governing body of the municipality or parish, and they shall be so elected that they shall hold office for overlapping terms. At the time of the election of the first board of directors the governing body of the municipality or the parish shall divide the directors into three groups containing as near equal whole numbers as possible. The first term of the directors included in the first group shall be two years, the first term of the directors included in the second group shall be four years, the first term of the directors included in the third group shall be six years, and thereafter the terms of all directors shall be six years; provided that if at the expiration of any term of office of any director a successor thereto has not been elected, then the director whose term of office has expired shall continue to hold office until his successor shall be so elected.
B. Notwithstanding any provision of law to the contrary, the governing authority of the parish of St. Charles may appoint officers or employees of the parish as directors of the industrial development board of the parish of St. Charles.
C. Notwithstanding any provision of law to the contrary, the audit of the industrial development board of the parish of St. Charles may be included in the audit of the parish of St. Charles, and additional costs of the parish audit occasioned by the audit of the industrial development board may be charged to the industrial development board.
D. Notwithstanding the provisions of Paragraph (A)(1) of this Section, the board of directors of the Industrial Development Board of the Town of Vinton, Inc. may consist of members who are qualified electors of Ward Seven of the parish of Calcasieu.
Acts 1962, No. 436, §6. Amended by Acts 1964, No. 433, §1; Acts 1972, No. 103, §5, emerg. eff. June 25, 1972, at 6:15 P.M.; Acts 1992, No. 117, §1, eff. June 5, 1992; Acts 2006, No. 155, §1, eff. June 2, 2006.
A. In addition to the powers granted to such corporations elsewhere in the laws of Louisiana, the corporation shall have the following powers, together with all powers incidental thereto or necessary for the performance of those hereinafter stated:
(1) To acquire, whether by purchase, exchange, gift, lease or otherwise, and to construct, improve, maintain, equip and furnish one or more projects, including all real and personal properties which the board of directors of the corporation may deem necessary in connection therewith and whether or not any such project shall then be in existence;
(2) To lease or to contract for the use to or by others any or all of its projects and to charge and collect rent, fees or charges therefor, and to terminate any such lease or contractual arrangement upon the failure of the lessee to comply with any of the obligations thereof;
(3) To sell, exchange, donate and convey any or all of its properties upon such terms and conditions as its board of directors may deem advisable, including the power to receive for any such sale the note or notes of the purchaser of a project whenever its board of directors finds any such action to be in furtherance of the purposes for which the corporation was organized;
(4) To issue its bonds for the purpose of carrying out any of its powers;
(5) As security for the payment of the principal of and interest on any bonds so issued and any agreements made in connection therewith, to mortgage and pledge any or all of its projects or any part or parts thereof, whether then owned or thereafter acquired, and to pledge the revenues and receipts therefrom or from any source thereof;
(6) To employ and pay compensation to such employees and agents, including attorneys, as the board of directors shall deem necessary for the business of the corporation.
B. The corporation shall not have the power to operate any project as a business other than as lessor. Any meeting held by the board of directors for any purpose whatsoever shall be open to the public; regular meetings of the board of directors shall be held monthly, the place, date and time to be fixed by the board of directors at its first meeting. Special meetings may be called by the president of the corporation or by any two members of the board of directors upon twenty-four hours notice to every member of the board. These special meetings shall be held at the same place provided for regular meetings of the board, provided that the requirements of a notice shall not be binding in any special meeting at which all members of the board of directors are present.
Acts 1962, No. 436, §7. Amended by Acts 1964, No. 433, §1; Acts 1972, No. 103, §6, emerg. eff. June 25, 1972, at 6:15 P.M.
Any proposed instrument which provides security for the payment of bonds issued by the corporation shall be approved by the State Bond Commission. The issuance and sale of any bonds by the corporation shall also be approved by the State Bond Commission.
Added by Acts 1977, No. 696, §1. Acts 1984, No. 631, §1, eff. July 12, 1984; Acts 2014, No. 549, §2, eff. July 1, 2014.
{{NOTE: SEE ACTS 1984, NO. 631, §2.}}
A. The State Bond Commission shall not grant preliminary approval of bonds for industrial development unless the project beneficiaries certify to the State Bond Commission and to the secretary of Louisiana Economic Development that Louisiana manufacturers, contractors, subcontractors, and suppliers will be given an opportunity to bid on the project and that preference and priority will be given to Louisiana manufacturers, contractors, subcontractors, suppliers, and labor. Prior to final approval by the State Bond Commission, project beneficiaries shall provide a certified list of names and business domiciles of the manufacturers, contractors, subcontractors, and suppliers for the project. In addition, the project beneficiaries shall submit to the State Bond Commission and the secretary of Louisiana Economic Development a statement as to whether or not Louisiana labor will be used on the project. If Louisiana manufacturers, contractors, subcontractors, suppliers, or labor will not be used on the project, the project beneficiaries shall provide a written explanation to the State Bond Commission and the secretary of Louisiana Economic Development detailing the reasons therefor for consideration by the commission prior to final approval.
B. The secretary of Louisiana Economic Development shall verify the information provided by the project beneficiaries and shall certify to the State Bond Commission whether or not the manufacturers, contractors, subcontractors, suppliers, and labor are indeed Louisiana manufacturers, contractors, subcontractors, suppliers, and labor. If not, the secretary shall notify the State Bond Commission of such fact. Upon notification of such fact, the State Bond Commission may hold a public hearing, at which time the project beneficiary may provide explanations for why the project is not in compliance with the provisions of Subsection A of this Section.
C. If the project beneficiary is found to be not in compliance with the provisions of Subsection A of this Section, the State Bond Commission may levy a fine not to exceed an amount equal to the difference between the base rate on corporate loans at large U.S. money centers or commercial banks published in the Wall Street Journal as the prime rate on the date of the issuance of the bonds and the actual interest rate at which the bonds were sold times the total amount of the issue.
Acts 1986, No. 788, §1.
Beginning August 1, 1993, the Industrial Development Board of Rapides Parish shall be prohibited from issuing any bonds pursuant to the authority provided by Chapter 7 of Title 51 of the Louisiana Revised Statutes of 1950. The board shall honor all bonds issued previous to August 1, 1993.
Acts 1993, No. 735, §1.
All bonds issued by the corporation shall be payable solely out of the revenues and receipts derived from the leasing or sale by the corporation of its projects or of any thereof as may be designated in the proceedings of the board of directors under which the bonds shall be authorized to be issued. Such bonds may be executed and delivered by the corporation at any time and from time to time; may be in such form and denominations and of such tenor and maturities; may be in registered or bearer form either as to principal or interest or both; may be payable in such installments and at such time or times not exceeding forty years from the date thereof; may be payable at such place or places whether within or without the state of Louisiana, may bear interest at such rate or rates, payable at such time or times and at such place or places and evidenced in such manner; may be executed by such officers of the corporation and in such manner, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the board of directors whereunder the bonds are authorized to be issued. If deemed advisable by the board of directors, there may be retained in the proceedings under which any bonds of the corporation are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings and as may be briefly recited on the face of the bonds, but nothing herein contained shall be construed to confer on the corporation any right or option to redeem any bonds except as may be provided in the proceedings under which they shall be issued. Any bonds of the corporation may be sold at public or private sale in such manner and from time to time as may be determined by the board of directors of the corporation to be most advantageous, and the corporation may pay all expenses, premiums and commissions which its board of directors may deem necessary or advantageous in connection with the issuance thereof. Issuance by the corporation of one or more series of bonds for one or more purposes shall not preclude it from issuing other bonds in connection with the same project or any other project, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds. Any bonds of the corporation at any time outstanding may at any time and from time to time be refunded by the corporation by the issuance of its refunding bonds in such amount as the board of directors may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds so to be refunded, together with any unpaid interest thereon and any premiums and commissions necessary to be paid in connection therewith. Any such refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby, or by the exchange of the refunding bonds for the bonds to be refunded thereby with the consent of the holders of the bonds so to be refunded, and regardless of whether or not the bonds to be refunded were issued in connection with the same projects or separate projects, and regardless of whether or not the bonds proposed to be refunded shall be payable at the same date or different dates or shall be due serially or otherwise. All such bonds and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments.
Acts 1962, No. 436, §8.
Every resolution authorizing the issuance of bonds by a corporation and any lease, the payments under which are pledged as security for bonds, shall be published once in a newspaper published in the parish in which the corporation is located or, if there is none, then in a newspaper having general circulation therein; provided, however, it shall not be necessary to publish exhibits to such resolutions and leases if the same are available for public inspection and such fact is indicated in the newspaper publication. For a period of thirty days after the date of the publication any person in interest may contest the legality of the lease, the resolution, the bonds authorized thereby, and any provision therein made for the security and payment of the bonds. After this time, no one shall have any cause of action to test the regularity, formality, legality or effectiveness of the lease, resolution, bonds and provisions thereof for any cause whatever and it shall be conclusively presumed that every legal requirement for the issuance of the bonds has been complied with, and no court shall have authority to inquire into any such matters after the lapse of this thirty days.
Added by Acts 1972, No. 103, §7, emerg. eff. June 25, 1972, at 6:15 P.M.
The principal of and interest on any bonds issued by the corporation shall be secured by a pledge of the revenues and receipts out of which the same are made payable, and may be secured by a mortgage covering all or any part of the projects from which the revenues or receipts so pledged may be derived, including any enlargements of and additions to any such projects thereafter made. The resolution under which the bonds are authorized to be issued and any such mortgage may contain any agreements and provisions respecting the maintenance of the projects covered thereby, the fixing and collection of rents for any portions thereof leased by the corporation to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, all as the board of directors shall deem advisable and not in conflict with the provisions hereof. Each pledge, agreement and mortgage made for the benefit or security of any of the bonds of the corporation shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made have been fully paid. In the event of default in such payment or in any agreements of the corporation made as a part of the contract under which the bonds were issued, whether contained in the proceedings authorizing the bonds or in any mortgage executed as security therefor, may be enforced by mandamus, the appointment of a receiver, or by foreclosure of any such mortgage, or any one or more of said remedies.
Acts 1962, No. 436, §9.
The corporation is hereby declared to be performing a public function on behalf of the municipality or parish with respect to which the corporation is organized and to be a public instrumentality of such municipality or parish. Accordingly, the corporation and all properties at any time owned by it and the income therefrom and all bonds issued by it and the income therefrom shall be exempt from all taxation in the state of Louisiana; provided, however, that the corporation may require the lessee of each of the projects of the corporation to pay annually to parish or municipal taxing authorities, through the normal collecting agency, a sum in lieu of ad valorem taxes to compensate such authorities for any services rendered by them to such projects which sum shall not be in excess of the ad valorem taxes such lessee would have been obligated to pay to such authorities had it been the owner of such project during the period for which such payment is made. Such payments to be made in lieu of taxes together with any fees and charges of such public trust, to the extent in the aggregate they do not exceed the amount of taxes that would be paid if the lessee were the owner, shall constitute statutory impositions within the meaning of R.S. 47:2128. Also for the purposes of R.S. 51:708(1) and any amendment thereto or substitution therefor, bonds issued by the corporation shall be determined to be securities issued by a public instrumentality of a political subdivision of the state of Louisiana.
Acts 1962, No. 436, §10. Amended by Acts 1966, Ex.Sess., No. 21, §1; Acts 1972, No. 103, §8, emerg. eff. June 25, 1972, at 6:15 P.M; Acts 2010, No. 1042, §3, eff. July 8, 2010.
The municipality or the parish shall not in any event be liable for the payment of the principal of or interest on any bonds of the corporation, formed thereby or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever which may be undertaken by the corporation, and none of the bonds of the corporation or any of its agreements or obligations shall be construed to constitute an indebtedness of the municipality or parish within the meaning of any constitutional or statutory provisions whatsoever.
Acts 1962, No. 436, §11. Amended by Acts 1964, No. 433, §1.
The corporation shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event the board of directors of the corporation shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the corporation, then any net earnings of the corporation thereafter accruing shall be paid to the municipality or parish with respect to which the corporation was organized. In the event a lease agreement is entered into under the provisions of this chapter for a project and such lease agreement gives the lessee the right to purchase the project facilities when the bonds issued to acquire the same are paid in full at a stipulated price, then the proceeds of the sale, after payment of all expenses and obligations of the corporation, shall be paid to the municipality or parish under whose auspices the corporation was created.
Acts 1962, No. 436, §12. Amended by Acts 1964, No. 433, §1; Acts 1972, No. 103, §9, emerg. eff. June 25, 1972, at 6:15 P.M.
Whenever the board of directors of the corporation, by resolution shall determine that the purposes for which the corporation was formed have been substantially complied with and that all bonds theretofore issued and all obligations theretofore incurred by the corporation have been fully paid, the members of the board of directors of the corporation shall thereupon dissolve the corporation in accordance with the provisions of Title 12 of the Louisiana Revised Statutes of 1950, and in the proceedings therefor transfer the title to all funds and properties then owned by the corporation to the municipality or parish under whose auspices the corporation shall have been created.
Acts 1962, No. 436, §13. Amended by Acts 1964, No. 433, §1; Acts 1972, No. 103, §10, emerg. eff. June 25, 1972, at 6:15 P.M.
The articles of incorporation of the corporation, any deeds or other documents whereby properties are conveyed to the corporation, any mortgages executed by the corporation, and the certificate of dissolution of the corporation, all may be filed for record with the secretary of state or in the parish in which the corporation is organized without the payment of any tax or fees other than such fees as may be authorized by law for the recording of such instruments.
Acts 1962, No. 436, §14.
Neither this chapter nor anything herein contained shall be construed as a restriction or limitation upon any powers which the corporation otherwise might have under any laws of this state, but shall be construed as cumulative of any such powers. No proceedings, notice or approval shall be required for the organization of the corporation or the issuance of any bonds or any instrument as security therefor, except as is herein provided, any other law to the contrary notwithstanding, provided, that nothing herein shall be construed to deprive the state and its governmental subdivisions of their respective police powers over any properties of the corporation, or to impair any police power thereover of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law.
Acts 1962, No. 436, §15. Amended by Acts 1972, No. 103, §11, emerg. eff. June 25, 1972, at 6:15 P.M.
A. The parishes, municipalities, and port authorities created in accordance with the constitution and laws of the state of Louisiana are hereby authorized to promote the development of industry, trade, and commerce within and for their respective jurisdictions and to associate with one or more parishes, municipalities, or port authorities for the purpose of promoting industry, trade, and commerce within the area of the several political subdivisions joined together or associated for this purpose. To this end, parishes, municipalities, and port authorities may advertise by various means including but not limited to news media, trade journals, magazines, and billboards and any other means which, in their judgment and discretion, they deem appropriate to promote, encourage, and develop industry, trade, and commerce. In addition, they may establish and become members in councils chartered by the state as nonprofit corporations for the purpose of industrial, trade, and commercial development.
B. Such councils shall be governed by boards comprised of members appointed by the governing authorities of the participating political subdivisions and shall make public their expenditures for advertising and promotion by means of annual reports audited by a certified public accountant.
C. Parishes, municipalities, and port authorities may appropriate and expend public funds in the furtherance of the promotion of industry, trade, and commerce, either directly or by membership in the aforesaid councils.
D. A port authority which has not experienced a deficit in the previous year may additionally appropriate out of current income from its operations a local promotion and development fund of not more than two percent of its gross income from operations in each calendar year for use in its respective jurisdictional boundaries.
Acts 1989, No. 828, §1; Acts 1995, No. 347, §1, eff. June 16, 1995.
A. Those industries located within the boundaries of any industrial area established pursuant to Subpart B-1 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950 shall furnish and maintain individually or as a group the following services usually provided by parish or local governments: the construction and cleaning of streets, street lighting, sewers and sewerage works, water service, fire protection, and garbage and refuse collection and disposal. Any industrial area which furnishes and maintains all of the above enumerated services shall not be subject to annexation or incorporation. Any industrial area heretofore designated which complies with the provisions hereof shall be considered validly designated hereunder and any agreement or resolution with respect thereto shall be considered to include all services herein enumerated though not specifically included therein. Industries located within the boundaries of an industrial area may enter into one or more cooperative endeavor agreements with the parish or municipality in which the industrial area is situated, any other political subdivision of the state that is not a parish or municipality, a political corporation of the state, or any private entity to provide one or more of the services or facilities required in this Section. However, in the event an industrial area is not situated within a municipality, or the municipality in which the industrial area is situated determines it is not able or willing to enter into a cooperative endeavor agreement to provide the requested services or facilities, the industries within the industrial area may enter into one or more cooperative endeavor agreements with another municipality for the services or facilities.
B. Any cooperative endeavor agreement entered into for the purpose of providing any of the services or facilities required in this Section shall include a provision ensuring that the obligations required under the agreement shall not impair the prior existing obligations of the parish, municipality, or political subdivision to provide the contracted services or facilities to its existing residents.
C. All industrial areas established pursuant to Subpart B-1 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes of 1950 shall include provision for access by public road to any and all entrances to the premises of each and every plant in such area which entrances are provided for use by employees of such company, or for use by employees of independent contractors working on such premises, or for delivery of materials or supplies, other than by rail or water transportation, to such premises.
Acts 1995, No. 194, §1, eff. June 14, 1995; Acts 2025, No. 36, §2.
No portion of an industrial area that provides any of the services enumerated in R.S. 51:1202 shall be included within any newly created municipality.
Acts 1995, No. 581, §4, eff. June 18, 1995.
This Subpart shall be known and may be cited as the "Louisiana Visitor Travel and Hospitality Act."
Acts 1983, No. 688, §4.
A. The Legislature of Louisiana does hereby declare its findings regarding the state's role and responsibilities to foster the promotion of Louisiana as a place to visit and to encourage the development of the economy through expansion of the tourism industry.
B. The purpose of this Subpart is to enhance the state's economy by attracting tourists; to cooperate with the private sector tourism industry to generate business and trade; to provide expertise from the public sector, including colleges and universities; to design, plan, implement, and review the state's programs to entice the visitor; to utilize state funds set aside for these purposes to stimulate funding from local governmental and private sources for promotion of the historical, cultural, recreational, and scenic legacy of Louisiana; and to provide the visitor and citizen of this state with a greater awareness and understanding of Louisiana. Further, the purpose of this Part shall be to provide, with the cooperation of the tourism industry and local tourist promotion agencies, a service to the visitor that is satisfactory and of high quality.
C. Therefore, it shall be the policy of the state of Louisiana to promote the health, safety, education, and welfare of the people through the Department of Culture, Recreation, and Tourism, and particularly through its office of tourism and the Louisiana Tourism Development Commission, by promoting Louisiana as a place to visit and travel; by encouraging economic diversification and increasing employment opportunities; by stimulating governmental and private financing of tourist promotion; and by fostering a greater awareness and understanding of Louisiana, its history, its potential, and its people.
Added by Acts 1983, No. 688, §4.
For the purposes of this Subpart, the terms used herein shall have the following meanings unless the context clearly indicates otherwise:
(1) "Act 455 funds" mean the public monies appropriated by the legislature in accordance with Acts 1970, No. 455 and granted by the commission under authority of R.S. 51:1271 et seq.
(2) "Assistant secretary" means the assistant secretary of the office of tourism of the Department of Culture, Recreation, and Tourism.
(3) "Commission" means the Louisiana Tourism Development Commission created by R.S. 51:1256 and transferred into the department by R.S. 36:209(A).
(4) "Department" means the Department of Culture, Recreation, and Tourism.
(5) "Economic impact" means the value derived by the state and its political subdivisions in return for expenditures made on tourism advertising by the office in terms of revenue generated, jobs created, income generated for individuals or business within the state, changes in the number of tourist dollars spent in Louisiana, and such other results as may be appropriate to consider in calculating the justification for the expenditures authorized for tourism promotion.
(6) "Office" means the office of tourism of the Department of Culture, Recreation, and Tourism.
(7) "Promotion" means generally the encouragement through advertising, education, informational means and public relations, both within the state and outside of it, of travel by persons away from their residences for recreation, pleasure, personal reasons, or other purposes.
(8) "Tourism" means activities involved in providing and marketing services and products, including accommodations, food, and beverages, for nonresidents and residents who travel to and in Louisiana.
(9) "Tourism industry" means the industry consisting of private and public organizations that directly or indirectly provide services and products to nonresidents and residents who travel as tourists to and in Louisiana. The term "tourism industry" includes both the travel industry and the hospitality industry, and their components.
(10)(a) "Tourist" means that definition adopted by the department in accordance with generally accepted definitions used by the department for reporting purposes. The term "traveler", "conventioneer", "vacationer", and "visitor" shall all mean tourist for the purposes of this Subpart.
(b) The department shall adopt a definition within sixty days of August 15, 2001. The department shall submit to the Senate Committee on Commerce and Consumer Protection and the House Committee on Commerce a comparative summary of the definition of tourists as defined by other southern states within sixty days of August 15, 2001.
Added by Acts 1983, No. 688, §4; Acts 2001, No. 1191, §1; Acts 2021, No. 20, §7.
There is hereby established the office of tourism as an agency of the state in the Department of Culture, Recreation, and Tourism. The office shall be responsible for the design, plan, development, and implementation of the effective and accurate promotion of Louisiana's history, culture, art, folklife, recreational and leisure opportunities, natural and scenic resources, transportation, cuisine, site, attractions, accommodations, and events. The office shall encourage and assist local governmental and private sector development for the promotion of tourism.
Added by Acts 1983, No. 688, §4.
The office shall have the following powers, duties, functions, and responsibilities:
(1) Promote and assist expansion of tourism and the tourism industry in Louisiana.
(2) Encourage employment opportunities for all citizens throughout the state through the orderly but accelerated development of facilities for tourism, travel, and hospitality.
(3) Invite visitors from this nation and foreign countries to visit Louisiana.
(4) Conduct an ongoing promotional campaign of information, advertising, and publicity to create and sustain an image and understanding of Louisiana that is responsible and accurate, to include the following:
(a) Development of a program to entice, educate, and facilitate the visitor concerning the state's history, culture, folklore, recreational and leisure opportunities, natural and scenic resources, transportation, cuisine, sites, accommodations, events and attractions.
(b) Disseminating information and publicity to the media, including newspapers, magazines, billboards, radio, television, and film, by the use of audio-visual presentations, features, publications, paid advertisements, and such other means as necessary.
(c) Preparing and distributing literature on and about Louisiana, its history, culture, recreation, folklife, attractions, art, leisure opportunities, natural and scenic resources, cuisine, sites, events, accommodations, and transportation for agencies of the department and for other agencies and groups requesting it.
(d) Selecting and using an appropriate theme about Louisiana for a unified and comprehensive promotions program.
(5) Hold and sponsor seminars, meetings, and an annual conference designed to involve and educate the public and travel industry of the purposes and programs of the office, for which a reasonable fee may be charged.
(6) Conduct familiarization tours for travel industry representatives, writers, editors, and motor coach and tour operators to acquaint them with Louisiana and to provide them with factual information, photographs, and contacts within the office to assist these industry representatives on such tours.
(7) Make and enter into contracts to provide the office with stipulated services for promotions, advertising, publicity, research, marketing, or evaluation, and to license a logo and theme for use on promotional items offered for sale by the private sector.
(8) Cooperate with all governmental agencies, tourists, promotion agencies, private industry, and private nonprofit associations and organizations in the promotion, advertising, and publicity of the state, including cooperative advertising, formation of local promotion groups, and other activities necessary and proper consistent with the provisions of this Subpart.
(9) Manage and coordinate the functions and activities of welcome centers in the state.
(10) Submit the reports as required by R.S. 51:1260.
(11) Formulate, implement, and evaluate a master plan for tourism marketing as further stipulated in R.S. 51:1261.
(12) Identify all federal programs related to tourism and make recommendations on such programs for the benefit of the state, on a timely basis to the Congress or appropriate federal agency or official.
(13) Assist and submit recommendations to other state departments and agencies in providing facilities and services that will promote and facilitate the safe and convenient travel of visitors throughout the state.
(14) Develop and test data on numbers of visitors, expenditures by visitors, points of origin and destination, and other relevant information on tourism and visitors.
(15) Join trade associations, organizations, and councils chartered to develop and stimulate tourism, and attend meetings, seminars, conferences, and conventions to promote travel to and in Louisiana.
(16) Provide advice and technical assistance to regional, parochial, and municipal tourism development organizations and to similar private organizations in planning programs to attract visitors and develop literature for distribution to visitors and potential visitors to this state.
(17) Provide basic support and discretionary grants, commonly referred to as Act 455 funds, to local tourist promotion agencies for travel development, marketing, promotion, and advertising, upon the approval of the commission.
(18) Expend funds in accordance with the terms and conditions of any grant, donation, or gift and in accordance with law.
(19) Develop an understanding among citizens of the state of the role, importance, economic impact, and challenges of tourism in Louisiana.
(20) Adopt and promulgate rules and regulations, as deemed necessary by the secretary of the department, to effectuate the provisions of this Section, all in accordance with the Administrative Procedure Act.
Added by Acts 1983, No. 688, §4; Acts 2001, No. 1191, §1.
A. The Louisiana Tourism Development Commission is hereby created, as an agency of the state in the Department of Culture, Recreation, and Tourism. The commission shall be a body politic and corporate entity. The commission shall be domiciled in Baton Rouge.
B. The commission shall be composed of twenty members.
(1) Ex officio members shall be as follows:
(a) The lieutenant governor or his designee.
(b) The secretary of state or his designee.
(2) The following organizations shall each submit a list of four names to the lieutenant governor, from which the lieutenant governor shall appoint one individual from each organization for membership on the commission:
(a) The Louisiana Association of Fairs and Festivals.
(b) The Louisiana Campground Owners Association.
(c) The Louisiana Association of Convention and Visitor Bureaus.
(d) The Louisiana Preservation Alliance, Inc.
(e) The Louisiana Association of Museums.
(f) The Louisiana Bed and Breakfast Association.
(g) The Louisiana Travel Association.
(h) The Louisiana Attractions Association.
(i) Repealed by Acts 2020, No. 86, §3.
(3) The following organizations shall each submit a list of eight names to the lieutenant governor, from which the lieutenant governor shall appoint two individuals from each organization for membership on the commission:
(a) Louisiana Restaurant Association.
(b) Louisiana Hotel and Lodging Association.
(4) Six at-large members shall be appointed directly by the lieutenant governor.
C. All appointed members shall be knowledgeable, interested, and active in tourism promotional activities, in enhancing the state's image, and in diversifying the state's economy by encouraging and assisting employment opportunities in the travel and hospitality industries.
D. Repealed by Acts 1984, No. 751, §1, eff. July 13, 1984.
E. The lieutenant governor shall appoint at least one member from each of the state's congressional districts from among those nominated by the nominator groups. The lieutenant governor shall appoint the members no later than sixty days from the date he takes office.
F. Each appointment by the lieutenant governor shall be submitted to the Senate for confirmation.
G. Each appointed member shall serve at the pleasure of the lieutenant governor and shall continue to serve until his successor is appointed.
H. An ex officio member may be represented by his first assistant as his designee at any meeting. A designee shall have full voting privileges. In the event that an ex officio member is unable to attend a meeting, he shall notify the commission in writing at least three calendar days prior to the meeting of his intent to send his designee.
I. The ex officio members shall have the right to participate in and vote on all matters of the commission.
J. The members of the commission shall receive no compensation for their services as members of the commission, but shall be entitled to their actual expenses for necessary travel and for other expenses incurred in the performance of their duties as members of the commission payable out of the funds of the commission.
K. Any vacancy shall be filled in the manner of the original appointment within sixty days, except that the nominating group shall submit a list of three names for the person to be selected if the vacancy occurs from among the membership named by a group. The qualifications of each member of the commission shall continue to apply throughout his tenure on the commission, and, in the event a member after appointment should fail to meet the qualifications or classification that he possessed at the time of his appointment, the member shall resign or be removed and shall be replaced with a member possessing the proper qualifications and classification.
Acts 1983, No. 688, §4; Acts 1984, No. 751, §2, eff. July 13, 1984; Acts 1990, No. 396, §1, eff. July 18, 1990; Acts 1991, No. 188, §1, eff. Jan. 13, 1992; Acts 1992, No. 367, §§1 and 2; Acts 1997, No. 762, §1; Acts 2008, No. 804, §2; Acts 2020, No. 86, §§2, 3.
NOTE: This Section is updated through the 2020 First Extraordinary Session, but is subject to final technical revisions by the Louisiana State Law Institute.
A. The commission shall serve in an advisory capacity to the assistant secretary and to the secretary of the department on matters related to the development and implementation of programs to promote tourism and the historical, cultural, recreational, and scenic legacy of the state.
B. The commission shall have the following responsibilities:
(1) The commission shall review and advise on the major types of promotion and advertising contracts, prior to their approval.
(2) The assistant secretary, secretary, and commission shall jointly formulate the strategic plan for tourism development and any modifications thereto.
C. In addition to the responsibilities outlined above, the commission shall submit to the lieutenant governor a list of at least three, but not more than five qualified nominees from among eligible applicants to fill a vacancy for the position of assistant secretary.
D. The commission shall be authorized to do the following:
(1) Hold at least four regular meetings in a calendar year for the following purposes:
(a) To obtain opinions and information concerning tourism policies and programs of the state, the development of the tourist industry, and opportunities for expanding tourism in Louisiana.
(b) To conduct public hearings on the effectiveness of tourist promotion activities performed by the office.
(c) To provide adequate opportunities for parochial and municipal participation, federal agency participation, and private citizens' involvement in the decision-making process of tourism planning and policy formulation.
(d) To encourage all state, parochial, and municipal governmental and private agencies to do their best to assure the personal safety of residents and tourists both within and without tourist destination areas.
(2) Adopt procedures, rules, and regulations for the deliberations, transactions, and conduct of its business, all in accordance with the provisions of the Administrative Procedure Act.
(3) Keep a record of its transactions, findings, determinations, recommendations, resolutions, reports, and studies.
E. The lieutenant governor shall designate one member of the commission to serve as chairman. The commission shall elect a vice chairman and such other officers as deemed necessary. The chairman is authorized to call meetings of the commission when necessary and shall call a meeting when requested to do so in writing by at least eight members of the commission. A majority of the members of the commission shall constitute a quorum for the transaction of all business and the execution of the duties of the commission.
Added by Acts 1983, No. 688, §4. Acts 1984, No. 751, §2, eff. July 13, 1984; Acts 1986, No. 464, §1; Acts 2004, No. 114, §1; Acts 2008, No. 804, §2; Acts 2020, No. 86, §2.
NOTE: This Section is updated through the 2020 First Extraordinary Session, but is subject to final technical revisions by the Louisiana State Law Institute.
A. There shall be an assistant secretary who shall manage, direct, and supervise the office of tourism. The assistant secretary shall be a recognized professional who shall have at least five years professional experience in tourism and who shall have a background in marketing, public relations, promotions, advertising, management, or administration of a tourism-related business or agency.
B. The assistant secretary is appointed by and serves at the pleasure of the lieutenant governor and is administratively responsible to the secretary of the department. The assistant secretary shall be confirmed by the Senate.
C. When there exists a vacancy in this position, the commission shall, according to its bylaws and procedures, develop a list of at least three but not more than five eligible nominees from which the lieutenant governor shall appoint the assistant secretary. If the lieutenant governor fails to find an acceptable nominee from the list, he shall notify the commission in writing within thirty days and shall specify his reasons for rejecting the slate. If such a rejection occurs, the commission shall develop another list of qualified nominees.
D. The assistant secretary shall execute the following duties and responsibilities:
(1) Employ, appoint, promote, assign and remove personnel and contract consultants necessary for the effective and efficient administration of the office, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable law.
(2) Carry out and exercise those charges assigned to him by the secretary of the department.
(3) Act as executive secretary to the commission in keeping full and accurate minutes of all transactions and proceedings of the commission, and in maintaining all of the files and records of the commission.
(4) Submit to the commission for its review and advice a report on the major types of promotion and advertising contracts under consideration for use each fiscal year by the office. This shall be done prior to the commencement of contract awards each fiscal year.
(5) Formulate jointly with the commission and the secretary the master plan, or any modifications thereto, for tourism development.
(6) Work closely with his professional staff, consultants, contractors, local tourist promotion agency directors, and representatives of private sector industry and nonprofit organizations to acquaint them with the plan and necessary strategies to promote the state, and to cooperate with these persons to maximize the benefits of public monies appropriated for promotion.
(7) Accept, in the name of the office, any grant, payment, or gift of funds or property made by the United States or any department or agency thereof or by any individual, firm, corporation, municipality, parish, or organization for any or all of the purposes specified in this Subpart.
(8) Advise the commission of the needs of local tourist promotion agencies and the industry; the potential of regional, national, and international markets; the changes occurring in the field; and the activities of the department and its programmatic offices and their programs and events.
Added by Acts 1983, No. 688, §4; Acts 1986, No. 464, §1; Acts 1997, No. 777, §1.
The office shall:
(1) Cooperate with the office of state parks in all matters to promote and publicize the state parks system, its sites, and events connected with a park.
(2) Cooperate with the office of the state museum in all matters to promote and publicize the state museum complex, its sites, its collections and acquisitions, its exhibitions and seminars, and events connected with the Louisiana State Museum.
(3) Cooperate with the office of the state library in all matters to promote and publicize the state library and its services to the parish libraries, its collections, its seminars, and events connected with the State Library of Louisiana.
(4) Cooperate with the office of cultural development in all matters to promote and publicize its programs of archaeology, historic preservation, the arts, and folklife; seminars; and events connected with the archaeological, historical, cultural, artistic, folkloric, recreational, and scenic legacy of the state.
(5) Cooperate with the office of the secretary, and all boards, commissions, and councils of the department to promote and publicize appointments, activities, and events connected with the department.
(6) Cooperate with the Department of Transportation and Development in the administration of the collateral program of distribution of state highway maps and any other tourist-related materials.
(7) Cooperate with the Department of Wildlife and Fisheries to promote and publicize its programs of hunting and fishing; seasons open to the public; game and fish preserves and reserves; the scenic rivers system, their location, and regulations concerning the general public's use of any such river; and to assist in the distribution of any such tourist related materials, booklets, magazines, or pamphlets.
(8) Cooperate with the office of state police to acquaint state troopers with the informational needs of the tourist.
(9) Cooperate with Louisiana Economic Development, through its secretary and its offices, to assist the department in its inducement program for industrial location and expansion by providing whatever information may be necessary to offer an accurate presentation of Louisiana's recreational and cultural resources and attractions, and to assist Louisiana Economic Development in coordinating the relationship between government and industry to stimulate industry participation in tourism promotion and the development of tourism facilities, and to provide technical assistance through Louisiana Economic Development to those persons interested in developing a tourist industry business in this state.
(10) Cooperate with the Department of Education to assist in promoting an awareness and pride of Louisiana history and culture for students throughout the education system.
(11) Assist any other state, regional, parochial, or municipal agency to promote and publicize activities and events connected to tourism of interest to the tourists and citizens of the state.
(12) Review and comment on the policies, programs, and proposals of other state agencies that may directly affect the state's tourism program and the achievement of the goals and objectives of the office and the commission.
Added by Acts 1983, No. 688, §4. Amended by Acts 1991, No. 490, §3, eff. July 15, 1991; Acts 1991, No. 938, §6; Acts 2006, No. 11, §6.
A.(1) There is hereby created in the state treasury, as a special fund, the Major Events Incentive Fund, hereinafter referred to in this Section as the "fund".
(2) The source of monies deposited into the fund shall be any monies appropriated by the legislature, including federal funds; any public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities which may be made to the fund; and any other monies which may be provided by law. In determining the amount of the annual appropriation to the fund, the legislature shall consider contracts which have been entered into pursuant to this Section as well as any recruitment efforts being made by local organizing committees for qualified major events.
(3) Monies in the fund shall be invested in the same manner as monies in the state general fund and any interest earned on the investment of monies in the fund shall be credited to the fund. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
(4) Monies in the fund shall be used solely for attracting, hosting, and staging major events pursuant to the Major Events Incentive Program as provided in this Section.
B. There is hereby created the Major Events Incentive Program, hereinafter referred to in this Section as the "program", to be administered by Louisiana Economic Development. The program shall provide grant funding to event producers and hosts, local organizing committees, endorsing municipalities, endorsing parishes, official tourism commissions, convention and visitors bureaus, and official destination marketing organizations for costs associated with attracting and hosting qualified major events as provided in this Section.
C. As used in this Section, the following terms have the following meanings:
(1) "Endorsing municipality" means either of the following:
(a) A municipality that contains a site selected by a site selection organization for a major event and is a party to an event support contract.
(b) A municipality that does not contain a site selected by a site selection organization for a qualified major event but is included in the market area for the event as designated by the secretary and is a party to an event support contract.
(2) "Endorsing parish" means either of the following:
(a) A parish that contains a site selected by a site selection organization for a qualified major event and is a party to an event support contract.
(b) A parish that does not contain a site selected by a site selection organization for a qualified major event but is included in the market area for the event as designated by the secretary and is a party to an event support contract.
(3) "Event support contract" or "event contract" means a joint undertaking, a joint agreement, or a similar contract executed by a local organizing committee, an endorsing municipality, an endorsing parish, official tourism commission, convention and visitors bureau, or official destination marketing organization, or any combination thereof, and a site selection organization.
(4) "Local organizing committee" means an organization created or recognized as the official host entity sanctioned by an endorsing municipality or parish for a specified qualified major event.
(5) "Qualified major event" means any event, and any activities related to or associated with the event, including but not limited to the following:
(a) A National Football League Super Bowl.
(b) A National Collegiate Athletic Association Final Four tournament game.
(c) The National Basketball Association All-Star Game.
(d) The X-Games.
(e) A National Collegiate Athletic Association Division 1 Football Bowl Subdivision Postseason Game.
(f) A college tournament or championship.
(g) The World Games.
(h) A national collegiate championship of an amateur sport sanctioned by the national governing body of the sport that is recognized by the United States Olympic and Paralympic Committee.
(i) An Olympic activity including a Junior or Senior activity, training program, or feeder program sanctioned by the United States Olympic Committee's Community Olympic Development Program.
(j) A mixed-martial arts championship or competition bout.
(k) The Breeders' Cup World Championships.
(l) A Bassmasters Classic.
(m) A National Motorsports race.
(n) The Red Bull Signature Series.
(o) A football kickoff game between two National Collegiate Athletic Association teams.
(p) A national championship or Olympic trials of an amateur or professional sport sanctioned by the national governing body of the sport.
(q) The United States Bowling Congress Tournament.
(r) Any event sanctioned by TKO Group Holdings, Inc., including but not limited to WWE WrestleMania and Ultimate Fighting Championship events.
(s) The Bayou Classic.
(t) The Essence Festival.
(u) The Zurich Classic or other PGA Tour event or any event sanctioned by a professional golf organization.
(v) A national military event or air show.
(w) A national political convention of the Republican National Committee or the Democratic National Committee.
(x) Any National Collegiate Athletic Association conference, convention, or conference media event including conference media days.
(y) Any event sanctioned by the USA Baseball, USA Softball, or by the World Baseball Softball Confederation.
(z) Any event sanctioned by the international or national governing body of soccer, Federation Internationale de Football Association (FIFA) or U.S. Soccer including but not limited to World Cups, international "friendlies" matches between national or professional teams, or tournaments between national teams or professional teams from countries that are members of the international governing bodies.
(aa) Any event sanctioned by the international or national governing body of rugby, World Rugby or USA Rugby including but not limited to World Cups, international "friendlies" matches between national or professional teams, or tournaments between national teams or professional teams from countries that are members of the international governing bodies.
(bb) Any event sanctioned by the Association of Tennis Professionals or Women's Tennis Association, including events on the ATP Tour or WTA Tour.
(cc) Any event sanctioned by the Professional Rodeo Cowboys Association, Professional Bull Riders, or any international amateur or professional rodeo or bull riding event.
(dd) The Humor and Harmony Weekend.
(ee) The State Fair of Louisiana.
(ff) Any professional boat racing event hosted by Powerboat P1 or AquaX.
(gg) The Boots on the Bayou music festival.
(6) "Site selection organization" means the governing body of an organization that schedules a qualified major event as defined in this Subsection.
D. An entity shall be eligible to receive funding through the program only if all of the following apply:
(1) The event is included in the definition of qualified major event.
(2) A site selection organization or the event producer or host selects or has selected a site in Louisiana under either of the following circumstances:
(a) After holding a bidding or invitation selection process involving required terms and conditions that could be fulfilled by sites not located in Louisiana.
(b) As the sole site for the event or the sole site for the event in a region composed of Louisiana and one or more states.
(3) The event is not held more than one time per year in Louisiana or any other state. The provisions of this Paragraph shall not apply to events occurring twice in one year due to a natural disaster, an act of God, force majeure, a catastrophe, pandemic, or such other occurrence which causes the event to move or be rescheduled.
E. The secretary of Louisiana Economic Development is hereby authorized to enter into a contract with an event producer or host, a local organizing committee, endorsing parish, endorsing municipality, official tourism commission, convention and visitors bureau, or official destination marketing organization to recruit, solicit, acquire, or organize for Louisiana any qualified major event. Any contract entered into pursuant to the provisions of this Subsection shall have the prior approval of the Joint Legislative Committee on the Budget and be subject to the availability of funding for such contract within the Major Events Incentive Fund. The contract shall provide for a financial commitment to the entity which shall not exceed the amount to recruit, solicit, or acquire a major event or the qualified major event's projected economic impact in the state, as demonstrated by an economic impact analysis conducted by an economist selected by Louisiana Economic Development, whichever is greater.
F. Upon completion of the qualified major event, the grant recipient shall make all records related to the costs associated with attracting and hosting the qualified major event available for inspection by Louisiana Economic Development, and an economist selected by Louisiana Economic Development shall prepare an economic impact analysis report which shall be paid for by the grant recipient. Any economic impact analysis provided in this Section shall be submitted to the secretary of Louisiana Economic Development.
G. Any grants received pursuant to this Section may be used for either of the following:
(1) To pay or reimburse the costs of applying or bidding for selection as the site of the event.
(2) To pay or reimburse the costs of planning for or conducting the event.
H. Louisiana Economic Development shall promulgate rules for the administration of the program in accordance with the Administrative Procedure Act. In order to expedite implementation of the program, the department shall utilize emergency rulemaking for the promulgation of the initial administrative rules.
I. Repealed by Acts 2024, No. 518, §2, eff. July 1, 2024.
Acts 2022, No. 751, §1, eff. June 27, 2022; Acts 2024, No. 345, §1, eff. May 28, 2024; Acts 2024, No. 518, §§1, 2, eff. July 1, 2024; Acts 2025, No. 446, §1, eff. July 1, 2025.
A.(1) There is hereby created in the state treasury, as a special fund, the Events Incentive Fund, hereinafter referred to in this Section as the "fund".
(2) The source of monies deposited into the fund shall be any monies appropriated by the legislature, including federal funds, any public or private donations, gifts, or grants from individuals, corporations, nonprofit organizations, or other business entities which may be made to the fund, and any other monies which may be provided by law.
(3) Monies in the fund shall be invested in the same manner as monies in the state general fund and any interest earned on the investment of monies in the fund shall be credited to the fund. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
(4) Monies in the fund shall be used solely for attracting, planning, marketing, and conducting events pursuant to the Events Incentive Program as provided in this Section.
B. There is hereby created the Events Incentive Program, hereinafter referred to in this Section as the "program", to be administered by Louisiana Economic Development in accordance with rules and regulations. The program shall provide grant funding to municipalities, parishes, official tourism commissions, convention and visitors bureaus, official destination marketing organizations, and nonprofit corporations hosting an event for costs associated with planning, marketing, and conducting events held in Louisiana.
C. An entity shall be eligible to receive funding through the program only if all of the following apply:
(1) The event is not a "qualified major event" as defined in R.S. 51:1260.
(2) The event is not held more than one time per year in Louisiana or any other state. The provisions of this Paragraph shall not apply to events occurring twice in one year due to a natural disaster, an act of God, force majeure, a catastrophe, pandemic, or such other occurrence which causes the event to move or be rescheduled.
(3) The applicant submits the application and required documentation no later than one hundred eighty days prior to the event. The documentation shall include:
(a) The total anticipated cost of the event.
(b) The amount and anticipated sources of funding for the event.
(c) An economic impact analysis conducted by an economist selected by Louisiana Economic Development indicating the event has an anticipated impact of three hundred fifty thousand dollars or greater to the state.
(d) A proposal for the utilization of the grant funding.
D. A municipality, parish, or nonprofit corporation hosting the event shall be eligible to receive up to twenty-five percent of the total anticipated cost incurred by the entity for the event, not to exceed two hundred fifty thousand dollars per grant.
E. Any grants received pursuant to this Section shall be used for either of the following:
(1) To pay or reimburse the costs of applying or bidding for selection as the site of the event.
(2) To pay or reimburse the costs of planning, marketing, or conducting the event.
F. The secretary of Louisiana Economic Development shall select grant recipients and is hereby authorized to enter into a contract with an event producer or host, a local organizing committee, endorsing parish, endorsing municipality, official tourism commission, convention and visitors bureau, or official destination marketing organization to provide grant funding in accordance with the provisions of Subsection E of this Section.
G. No later than September first of each year, the secretary of Louisiana Economic Development shall submit an annual report on the program to the Joint Legislative Committee on the Budget. The report shall include the entities that received grant funding for events in the previous fiscal year pursuant to this Section and the economic impact of the events to the state, to the extent possible.
H. Louisiana Economic Development shall promulgate rules for the administration of the program in accordance with the Administrative Procedure Act.
Acts 2025, No. 446, §1, eff. July 1, 2025.
A. The following welcome centers are hereby authorized:
(1) In or near the new State Capitol building.
(2) In New Orleans, in or near the Vieux Carre'.
(3) At or near Vinton, along Interstate Highway 10, Eastbound.
(4) At or near Greenwood, along Interstate Highway 20, Eastbound.
(5) At or near Mound, along Interstate Highway 20, Westbound.
(6) At or near Vidalia, along U.S. Highway 84.
(7) At or near St. Francisville, along U.S. Highway 61.
(8) At or near Kentwood, along Interstate Highway 55, Southbound.
(9) At or near Pearl River, along Interstate 10, Westbound, and along Interstate 59, Southbound.
(10) At or near Alexandria, along Interstate Highway 49.
(11) Along Interstate Highway 10 in eastern New Orleans.
(12) Repealed by Acts 2001, No. 1191, §2.
(13) At or near Butte LaRose, along Interstate Highway 10, in the Atchafalaya Basin.
B. The office is authorized to operate facilities as welcome centers jointly with a state, parochial, or municipal agency, a local tourist promotion agency, or private nonprofit organization on a cooperative and equitable basis of shared costs and responsibilities of personnel and maintenance.
C. The office is authorized to act as an outlet, to display, and to offer for sale on a consignment basis at full retail value only juried Louisiana native crafts bearing the hallmark of the quality-control logo. This function may be executed by the Louisiana State Arts Council, the Louisiana Crafts Council, or a local crafts organization or arts council.
D.(1) The office is authorized to promulgate and adopt rules to assess private businesses and attractions for the following:
(a) Audio-visual, computerized, or static promotional opportunities advertising such businesses or attractions to the public at welcome centers.
(b) The use of lighted picture displays to advertise or offer information on such businesses or attractions to the public at welcome centers.
(2) Such rules shall not change the procedures established by the office of providing tourism-related businesses and attractions the opportunity to display their brochures or pamphlets free of charge.
(3) The proceeds of any assessment made pursuant to this Subsection shall be used to fund capital improvements at welcome centers as further provided in R.S. 51:1262.1.
Added by Acts 1983, No. 688, §4; Acts 1986, No. 588, §3; Acts 1993, No. 42, §1; Acts 1995, No. 1151, §1; Acts 2001, No. 1191, §§1 and 2.
{{NOTE: SEE ACTS 1986, NO. 588, §4.}}
Repealed by Acts 2012, No. 834, §13, eff. July 1, 2012.
A. The office shall develop criteria and implement an ongoing means of measurement pursuant to R.S. 51:1255(14), whereby it shall monitor, study, and evaluate its promotional programs and events to determine their effectiveness in a particular market or of a particular medium, an advertising or marketing lure, or any feature or aspect of promotion expended from monies appropriated to the office. The results of an effectiveness evaluation shall be made a part of the annual report, and the office shall adjust the direction of the master plan as may be necessary, as may be indicated or proven by its findings.
B. Such measurement means and criteria shall be based, in part, on specific program performance measures developed and refined by the department and the office, in cooperation with the Division of Administration.
C. The office shall have authority to contract with an independent, private firm, or a university business college or school to design the measurement means and criteria or monitor, study, and evaluate the performance of the programs and events.
Acts 1986, No. 585, §1.
A. The Department of Culture, Recreation and Tourism through the office of tourism is authorized to formulate a tourism development plan consisting of tourism promotion programs and cultural activities which is designed to and can be demonstrated to generate additional state revenues. The plan may be a part of the master plan provided in R.S. 51:1261 or may be a separate plan. The plan and an estimate of the amount of additional revenues to be generated in each fiscal year encompassed by the plan shall be submitted by the department to the Revenue Estimating Conference, and shall include for each fiscal year a detailed itemization of the expenditures required to implement the plan, an analysis of the impact of various components of the plan on estimated revenues, the assumptions used, an assessment of the impact of the plan on existing tourism and cultural activities, and the revenues generated by those activities, the sources of additional revenue anticipated, and such other information as may be required by the conference. The conference shall review the information submitted and may use whatever staff, information, and technical expertise which it may determine is required to evaluate the submitted plan and estimate. The Revenue Estimating Conference shall establish and certify an official estimate of the additional revenues to be generated by the proposed plan and shall include in its official estimate of state revenues for each fiscal year the amount of additional revenues estimated to be generated in that fiscal year under the tourism development plan.
B. The department may receive in each fiscal year an appropriation of up to one-half of the amount of additional revenues estimated by the Revenue Estimating Conference to be generated by the plan in that fiscal year. However, the amount so appropriated in any fiscal year shall not exceed five million dollars. Of the amount appropriated in each fiscal year at least twenty percent shall be designated for the support of cultural programs. Appropriations made pursuant to this Section shall in no way limit general fund appropriations to the department by the legislature in excess of the minimum amount herein established.
Acts 1990, No. 1089, §1, eff. July 1, 1990.
{{NOTE: SEE SECTION 2 OF ACT NO. 1089 OF 1990 R.S.}}
A. The office of tourism is hereby authorized to develop and adopt an official logo to indicate authentic Louisiana Cajun-Creole cuisine in this state as follows:
(1) The office may register the logo as a trademark and may take appropriate steps to protect the logo from misuse or infringement.
(2) The office may license the use of the logo and may adopt rules for determining which persons will be allowed to use the logo.
(3) The office may establish, by rule, fees to be charged for the use of the logo.
(4) The office may expend funds to promote the logo.
B. The office may promulgate any other rules and regulations that it may deem necessary for the implementation and administration of this Section.
C. Any restaurant located in Louisiana shall be eligible to utilize the Louisiana Cajun-Creole cuisine logo.
Acts 1997, No. 1007, §1.
Repealed by Acts 2004, No. 114, §2.
Repealed by Acts 2004, No. 114, §2.
Repealed by Acts 2004, No. 114, §2.
Repealed by Acts 2004, No. 114, §2.
Repealed by Acts 2004, No. 114, §2.
Repealed by Acts 2004, No. 114, §2.
This Subpart shall be known and be cited as the "Louisiana Tourism Promotion District Act".
Acts 1990, No. 1038, §1, eff. July 26, 1990.
A. The legislature hereby finds and determines that the state has a role and responsibility in the development of the tourism industry as a means of assisting with the continuing economic problems of the state. The legislature further finds that as a result of the financial condition of the state it has become increasingly difficult to adequately fund tourism promotion. As a result of the foregoing, the legislature determines it essential and necessary to create a tourism assistance district and provide for it a source of revenue in order that it may engage in tourism promotion and development.
B. In furtherance of the aforesaid objective, the state does hereby create a special district to be known as the "Louisiana Tourism Promotion District", as a special taxing district whose boundaries are coterminous with the state of Louisiana and which shall be a body politic and corporate and a political subdivision of the state with all of the powers of a political subdivision and with such further powers and functions as are set forth in this Subpart. It is hereby determined that the creation of the district and the carrying out of its public purpose is in all respects a public and governmental purpose for the improvement of the health, safety, welfare, comfort, and security of the people of the state, and that said purposes are public purposes and that the district will be performing an essential governmental function and meeting a public obligation in the exercise of the powers conferred upon it by this Subpart.
Acts 1990, No. 1038, §1, eff. July 26, 1990.
Whenever used in this Subpart, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall be given the following interpretations:
(1) "Board" shall mean the board of directors of the district or any successor thereto.
(2) "Constitution" shall mean the constitution of Louisiana, as amended.
(3) "District" shall mean the special district and political subdivision created, organized, and existing pursuant to the provisions of this Subpart or any successor thereto.
(4) "State" shall mean the state of Louisiana.
Acts 1990, No. 1038, §1, eff. July 26, 1990.
A. The district shall be administered and governed by a board of directors of five persons appointed by the lieutenant governor, composed of:
(1) One member appointed from a list of three names supplied by the Louisiana Hotel-Motel Association.
(2) One member appointed from a list of three names supplied by the Louisiana Restaurant Association.
(3) One member appointed from a list of three names supplied by the Louisiana Retailers Association.
(4) One member appointed from a list of three names supplied by the Louisiana Travel Promotion Association.
(5) One member from a list of three names supplied by other tourist related organizations.
B. All appointed directors shall serve at the pleasure of the lieutenant governor. The lieutenant governor shall designate as chairman one of the directors appointed by him. The board shall elect one of their members as vice chairman and another as treasurer. The board shall appoint a secretary and such other officers, employees, and agents as are deemed necessary, who need not be directors of the district. A majority of the directors shall constitute a quorum, and a majority vote of the directors constituting the quorum shall be necessary for any action taken by the district. No vacancy on the board shall impair the right of a quorum to exercise all of the rights and perform all of the duties of the district. The board shall adopt bylaws and prescribe rules to govern its meetings and shall fix the place or places at which meetings shall be held.
C. The domicile of the district shall be Baton Rouge, Louisiana. The members of the board shall serve without salary or per diem allowance but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of official duties under this Subpart, such expenses not to exceed the rate of expense reimbursement allowed to state employees; provided, however, that such members are not, at the time such expenses are incurred, public employees otherwise entitled to such reimbursement.
Acts 1990, No. 1038, §1, eff. July 26, 1990; Acts 2008, No. 804, §2.
A. The district shall have all of the rights and powers necessary to carry out and effectuate the purposes and provisions of this Subpart. The district shall be subject to the Public Records and Public Meetings Law and to the extent not otherwise in conflict herewith, the Administrative Procedure Act, R.S. 49:950 et seq., and shall be empowered to utilize all rights and powers set forth in the Bond Validation Procedures Law. Nothing herein shall be construed so as to exempt the district from compliance with the applicable provisions of Louisiana laws pertaining to open meetings, public records, official journals, dual officeholding and employment, and the Code of Governmental Ethics.
B. Without limiting the generality of the foregoing, the district, as a body corporate and politic and a political subdivision of the state with full corporate powers, shall have the following rights and powers:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business.
(2) To adopt an official seal and alter the same at its pleasure.
(3) To maintain an office at such place as it may designate.
(4) To sue and be sued.
(5) To receive, administer, and comply with the conditions and requirements respecting any gift, grant, or donation of any property or money.
(6) To apply and contract for assistance from the United States or other public or private sources, whether in form of a grant or loan or otherwise.
(7) To make and execute contracts and other instruments necessary in the exercise of the powers and functions of the district under this Subpart, including contracts with persons, firms, corporations, and others.
(8) To employ an executive director, employees, accountants, financial advisors, underwriters, attorneys, and such other consultants as may be required in the judgment of the board and to fix and pay their compensation from funds available to the district therefor.
(9) To research and study, develop plans and programs designed to assist the state and units of local government in the promotion of tourism.
(10) To accept the mortgage, pledge, hypothecation, assignment, grant, or donation of any properties of the state.
(11) To exercise any and all other powers necessary to accomplish the purposes set forth herein.
Acts 1990, No. 1038, §1, eff. July 26, 1990.
A. In order to provide funds for the purpose of assisting the state in the promotion of tourism, after allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and credit to the district, three percent of the avails of the tax imposed by R.S. 47:331.
B.(1) The proceeds of the tax herein authorized shall be irrevocably pledged and dedicated for the purposes and in the order of priority as provided in Paragraph (2) of this Subsection.
(2)(a) For paying costs annually incurred that are associated with the levy and collection of the sales tax authorized by this Subpart.
(b) To transfer such amounts as may be determined by the district to the Department of Culture, Recreation and Tourism for the promotion of the state's tourism industry through the purchase of media advertisement, including but not limited to newspaper, magazine, billboard, radio, and television advertisement.
(c) To transfer such amounts as may be determined by the district to the Department of Culture, Recreation and Tourism to assist the state in the promotion of tourism; provided that any funds used by the department for the purchase of in-state media advertisement shall not exceed ten percent of all funds used for the purchase of media advertisement, and that such expenditures are consistent with the office of tourism's strategic plan for marketing.
(3) Any expenditure of funds by the Department of Culture, Recreation and Tourism from amounts transferred by the district in accordance with Paragraphs (1) and (2) of this Subsection shall be by annual appropriation by the legislature and shall be consistent with the tourism strategic plan.
C. The district may contract with the state for the collection of said sales and use taxes under such terms and conditions as it may deem appropriate and may adopt such rules and regulations pursuant thereto regarding the enforcement and collection of the tax authorized by this Section.
Acts 1990, No. 1038, §1, eff. July 26, 1990; Acts 1993, No. 624, §1, eff. July 1, 1993; Acts 1996, 1st Ex. Sess., No. 61, §1, eff. July 1, 1996; Acts 1997, No. 1291, §1, eff. July 1, 1998; Acts 1999, No. 1025, §2, eff. July 1, 2000, and §3, eff. July 1, 2003; Acts 2002, 1st Ex. Sess., No. 154, §1, eff. July 1, 2002; Acts 2004, No. 114, §1; Acts 2005, No. 20, §1; Acts 2005, No. 464, §1, eff. July 1, 2005; Acts 2007, No. 30, §§1, 2, eff. July 1, 2007; H.C.R. No. 31, 2020 R.S; H.C.R. No. 5, 2021 R.S.; Acts 2024, 3rd Ex. Sess., No. 10, §2, eff. Dec. 4, 2024; Acts 2024, 3rd Ex. Sess., No. 11, §3, eff. Dec. 4, 2024; Acts 2025, No. 384, §6, eff. June 20, 2025.
NOTE: See Section 2 of Act 61 of 1996 1st Ex. Sess., re: Joint Legislative Budget Committee approval.
Any rules or regulations promulgated or adopted by the Louisiana Tourism Promotion District shall be subject to legislative oversight by the House Commerce Committee and the Senate Committee on Commerce, Consumer Protection, and International Affairs in accordance with the Administrative Procedure Act. The district shall further submit a report to such committees, no later than October first of each year, relative to its activities and finances during the immediately preceding fiscal year. Such committees may also review the activities or finances of the district at such times as they deem appropriate.
Acts 1990, No. 1038, §1, eff. July 26, 1990; Acts 1994, No. 17, §1, eff. July 1, 1995; Acts 1994, 3rd Ex. Sess., No. 4, §1, eff. Sept. 1, 1994; Acts 2003, No. 183, §8.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
Repealed by Acts 2024, 3rd Ex. Sess., No. 11, §4, eff. Dec. 4, 2024.
A. Because the legislature recognizes the existence of an emerging industry with the fifty year old and above demographic, it finds that the state has a role and responsibility in developing Louisiana as a desirable place of residence for this age cohort. The legislature also recognizes that residents and tourists fifty years old and above spend a disproportionate amount of their disposable income on goods and services, which in turn creates new jobs. In addition, tax dollars generated from these incomes provide a boost to state and local economies. The legislature also finds that major aspects of this emerging industry are related directly to both tourism and economic development and that there should be a concerted effort by the state to focus on or serve the growing fifty year old and above market.
B. Because the fifty year old and above demographic is a potential source of economic growth for Louisiana, the legislature determines it is necessary and essential to create the Encore Louisiana Commission to engage in developing, promoting, and marketing Louisiana as a destination for residents and tourists fifty years old and above.
Acts 1999, No. 1099, §2; Acts 2009, No. 342, §3.
A. The Encore Louisiana Commission, hereinafter referred to as the "commission", is hereby created as an agency of the state in the office of the lieutenant governor. The commission shall be a body politic and corporate entity with the power to sue and be sued. The commission shall be domiciled in Baton Rouge.
B. The commission shall be composed of the following eleven members who shall be residents of the state:
(1) The governor or his designee.
(2) The lieutenant governor or his designee.
(3) The secretary of the Department of Culture, Recreation and Tourism or his designee.
(4) The secretary of Louisiana Economic Development or his designee.
(5) As provided in Subsection C of this Section, one member from each of the following five state tourism marketing regions: Sportsman's Paradise, Crossroads, Cajun Country, Plantation Country, and Greater New Orleans.
(6) The president of the Senate or his designee.
(7) The speaker of the House of Representatives or his designee.
C. The lieutenant governor shall appoint one member from each of the five state tourism marketing regions. Each appointment by the lieutenant governor shall be submitted to the Senate for confirmation.
D. All members shall be knowledgeable, interested, and active in developing, marketing, and promoting Louisiana as a desirable place of residency for persons fifty years old and above.
E. The lieutenant governor or his designee may serve as chairman of the commission or may designate one of its members as chairman.
F. The lieutenant governor shall employ an executive director and other staff, as may be required, and fix and pay their compensation from funds available to the commission.
G. The chairman shall have the ability to name individuals as ex officio members of the commission. Such ex officio members shall be nonvoting members.
H. Members of the commission shall receive no compensation for their services as members of the commission but shall be entitled to their actual expenses for necessary travel and for other expenses incurred in the performance of their duties as members of the commission. Such expenses shall be paid out of funds available to the commission.
I. Each appointed member shall serve a term concurrent with that of the lieutenant governor making the appointment. A vacancy shall be filled in the manner of the original appointment within sixty days. Any members appointed to fill a vacancy in an unexpired term shall be appointed only for the remainder of such term. Any member of the commission appointed for a definite term may serve after the expiration of his term until his successor has taken office.
J. A quorum to transact business shall be a majority of the voting members of the commission.
Acts 1999, No. 1099, §2; Acts 2008, No. 804, §2; Acts 2009, No. 342, §3.
A. The commission shall have the following responsibilities:
(1) Formulate, jointly with the office of the lieutenant governor, a strategic plan, or any modifications thereto, attraction and retention of persons fifty years old and above.
(2) Monitor and evaluate guidelines for a designation program that recognizes Louisiana assets and developments attractive to residents and tourists fifty years old and above.
(3) Approve a marketing or communication strategy to promote Louisiana as a location or destination for residents and tourists fifty years old and above.
(4) Research, study, and develop plans and programs designed to assist state government, units of local government, private sector entities, and nonprofit entities in developing Louisiana as a destination for residents and tourists fifty years old and above.
(5) Hold at least four regular meetings in a calendar year. Special meetings shall be held on the call of the chairman or upon request of a majority of the members.
(6) Report annually to the legislature not later than the sixtieth calendar day prior to each regular session.
B. The commission shall be authorized to do the following:
(1) Establish innovative partnerships within and across public, private, and nonprofit sectors.
(2) Adopt rules and regulations, in accordance with the Administrative Procedure Act, for the regulation of its affairs and the conduct of its business.
(3) Request that the head of any state agency detail any of the personnel of such agency to the commission to assist in carrying out the commission's duties.
(4) Receive, administer, and comply with the conditions and requirements respecting any gift, grant, or donation of any property or money.
(5) Purchase advertising, printed materials, promotional items, and informational publications and distribute such materials which assist in the promotion of Louisiana as a premier location for residents and tourists fifty years old and above.
(6) Notwithstanding any other provision of law to the contrary, exercise any and all other powers necessary to accomplish the purposes set forth herein.
Acts 1999, No. 1099, §2; Acts 2003, No. 162, §2; Acts 2009, No. 342, §3.
The Louisiana Nuclear and Space Authority, hereinafter referred to as authority, is hereby created and established, to consist of the treasurer, a member of the House of Representatives, to be appointed by the speaker thereof and a member of the Senate to be appointed by the lieutenant governor; one member of the Board of Commerce and Industry, appointed by said board; two members of the Board of Nuclear Energy, appointed by said Board; and one member appointed by the governor with the advice and consent of the Senate for a term concurrent with the term of the governor making the appointment.
The members appointed by the Board of Commerce and Industry and the Board of Nuclear Energy shall serve at the pleasure of the respective boards appointing them and any vacancies in respect to the member appointed by the governor with the advice and consent of the Senate, shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
The authority shall select a chairman and a secretary to perform the duties ordinarily performed by such officers. The authority shall be a body politic and corporate and shall be domiciled in the parish in which the state capitol is situated. A majority of the members of the authority shall constitute a quorum and a majority of such members may act on behalf of the authority.
Acts 1968, No. 605, §1.
The authority shall have power to appoint a director and to employ such additional technical and clerical personnel as may be necessary.
Acts 1968, No. 605, §2.
The authority shall have the following powers in addition to any powers specifically conferred upon said authority elsewhere in this Chapter.
(1) To sue and be sued.
(2) To have a seal and alter the same at pleasure.
(3) To make and alter by-laws for its organization and internal management.
(4) To make rules and regulations governing the exercise of its corporate powers and the fulfillment of its corporate purposes under this title.
(5) To purchase, receive, lease, or otherwise acquire and hold in the name of the authority, and to sell, convey, mortgage, lease, pledge or otherwise dispose of upon such terms and conditions as the authority may deem advisable, real or personal property, together with such rights and privileges as may be incidental and appurtenant thereto and to the use thereof, including but not restricted to, any real or personal property acquired by the authority in the satisfaction of obligations contained in contracts, leases or other arrangements.
(6) To enter into contracts, leases or other arrangements providing for the establishment, operation, development and management of any property or facility under the jurisdiction of the authority.
(7) To enter into contracts, leases or other arrangements permitting any person to use any property or facility under the jurisdiction of the authority; permitting such person to build or add facilities or improvements upon such property or facility; and providing, at the discretion of the authority, for the acquisition by the authority of any such facilities or improvements built or added by such person, upon such terms and conditions as the authority may deem advisable.
(8) To sell or otherwise make available, upon such terms and conditions as the authority may deem advisable, any product, by-product or service produced in or provided by any facility under its jurisdiction.
(9) To fix and collect fees, rentals and charges for the use of any property or facility under its jurisdiction, or for the sale of any product, by-product or service produced in or provided by any such facility, and to establish the rights and privileges created upon payment thereof. Such fees, rentals and charges shall be established by the authority so as to produce revenues sufficient, together with any other funds available to the authority, to meet the expenses of maintenance and operation of the facilities of the authority, to fulfill the terms of agreements with the holders of its bonds, notes or other obligations, and to provide funds for such other corporate purposes as the authority may deem appropriate.
(10) To enter into any contracts and to execute all instruments necessary or convenient for the exercise of its corporate powers and the fulfillment of its corporate purposes under this title.
(11) To borrow money and to issue negotiable bonds, notes or other obligations and to provide for the rights of the holders thereof.
(12) To procure insurance, or obtain indemnification from the federal government or other persons, against any loss in connection with the assets of the authority and any liability in connection with the activities of the authority, such insurance or indemnification to be procured or obtained in such amounts, and from such sources, as the authority deems to be appropriate.
(13) To accept any gifts or grants or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof or from the state or from any other source and to comply, subject to the provisions of this Chapter, with the terms and conditions thereof.
(14) To engage the services of bond counsel, financial advisors, accountants, engineers, attorneys and other private consultants on a contract basis for rendering professional and technical assistance and advice.
(15) To do all things necessary or convenient to carry out its corporate purposes and exercise the powers given and granted by this Chapter.
Acts 1968, No. 605, §3.
At the request of the authority, engineering services for such authority shall be performed by the Department of Public Works and all other state agencies shall upon request by the authority render assistance within their respective functions.
Acts 1968, No. 605, §4.
In order to encourage the location within the state of industrial enterprises in the field of space and nuclear energy and related industrial operations and to provide funds to acquire plant sites and other necessary property for appurtenances and to acquire or construct industrial plant buildings to be located within the state and leased, sold or otherwise disposed of as authorized by this Chapter by the authority, said authority is authorized to incur debt and issue revenue bonds in an aggregate amount not to exceed ten million dollars subject to the following provisions and restrictions:
(1) Such bonds shall be payable solely from the income and revenues to be derived from the operation of the properties owned or operated by the authority or from such part of the revenues of such properties as may be pledged thereto. Said bonds shall be in coupon form but may be made registrable as to principal if so provided in the resolution authorizing the issuance thereof. The bonds shall be in such denomination, shall bear interest at such rate or rates not exceeding six per cent per annum, shall mature serially or otherwise in such manner not later than forty years from their date, and shall be made payable at such place or places within or without the State of Louisiana as may be provided by the authority and in the discretion of said authority may be made redeemable prior to maturity at such premium or premiums not greater than ten per cent of the principal amount thereof as the authority may determine. The bonds shall be signed by the chairman and attested by the secretary of the authority under the official seal of the authority, in such manner as may be provided in the resolution authorizing their issuance. Interest coupons to be attached thereto may be executed with the facsimile signature of such officers, and in the event that any officer whose signature appears on such bonds or coupons shall cease to be such officer before the delivery of the bonds to the purchaser, such signature shall nevertheless be valid and sufficient for all purposes. The bonds shall be sold in such manner and at such times as the authority may determine, except that no bond shall be sold at a price which will result in an interest cost to the authority in excess of six per cent per annum computed to maturity on the basis of standard tables of bond values.
(2) Any bonds issued under this section shall be payable from and secured by the pledge of the revenues of such properties owned or operated by the authority as may be pledged thereto in the resolution authorizing the bonds. Any holder of the bonds or of any of the coupons thereto attached may either at law or in equity, by suit, action, mandamus, or other proceeding, enforce and compel performance of all duties required to be performed by the authority and the officials of the authority by the provisions of this statute and the proceedings authorizing the issuance of such bonds. If any bond issued hereunder shall be permitted to go into default as to principal or interest, any court of competent jurisdiction is hereby authorized, pursuant to application of the holder of such bond, to appoint a receiver for the properties of the authority, the revenues of which have been pledged to the payment of the bonds, which receiver shall be under the duty of operating such properties and collecting and distributing the revenues thereof pursuant to the provisions and requirements of the resolution authorizing the bonds.
If more than one series of bonds shall be issued hereunder payable from the revenues of such properties, priority of lien on such revenues shall depend on the time of the delivery of such bonds, each series enjoying a lien prior and superior to that enjoyed by any series of bonds subsequently delivered; provided however, that as to any issue or series of bonds which may be authorized as a unit but delivered from time to time in blocks, the authority may in the proceedings authorizing the issuance of said bonds provide that all of the bonds of such series or issue shall be coequal as to lien regardless of the time of delivery, and provided further that it may be provided in the proceedings for issuance of any bonds that additional bonds may be authorized and issued in the future on a parity therewith pursuant to such restrictions as may be therein provided.
(3) All bonds issued under the provisions of this section shall constitute negotiable instruments for all purposes under the Negotiable Instruments Law as that law is now or may hereafter be in force in Louisiana.
(4) Any resolution authorizing the issuance of bonds hereunder shall provide for the creation of a sinking fund into which shall be paid from the revenues pledged thereto, sums fully sufficient to pay principal of and interest on such bonds, and to create such reserves for contingencies as may be provided in such resolution. The moneys in the sinking fund shall be applied to the payment of interest on and principal of the bonds or to the purchase or retirement of the bonds prior to maturity in such manner as may be provided in such resolution.
The resolution authorizing the issuance of bonds hereunder may contain such covenants with the future holder or holders of the bonds as to the management and operation of the properties of the authority, the imposition and collection of fees and charges for the commodities or services furnished thereby, the disposition of such fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against the properties of the authority and the revenues thereof, the carrying of insurance on the properties, the disposition of the proceeds of any such insurance, and other pertinent matters, as may be deemed necessary by the authority to assure the marketability of such bonds, provided such covenants are not inconsistent with the provisions of this section. Provisions may also be made therein for the appointment of a trustee to have and perform such powers and duties as may be therein provided.
(5) When the authority shall have issued bonds hereunder and shall have pledged any revenues for the payment thereof as herein provided the authority shall impose and collect rentals, fees and charges for the use of its properties, in such amounts and at such rates as shall be fully sufficient at all times to pay the expenses of operating and maintaining the properties of the authority, provide a sinking fund sufficient to assure the prompt payment of principal of and interest on the bonds as each falls due, provide such reasonable funds for contingencies as may be required by the resolution authorizing the bonds and provide an adequate depreciation or renewal and replacement fund for such repairs, extensions and improvements as may be necessary to assure adequate and efficient service to the public.
(6) The authority may refund any bonds issued under this section. Such refunding bonds may either be sold and the proceeds applied to or deposited in escrow for the retirement of the outstanding bonds (if the bonds to be refunded are maturing or are optional for redemption), or may be delivered in exchange for the outstanding bonds. The refunding bonds shall be authorized in all respects as original bonds are herein required to be authorized and the authority in authorizing the refunding bonds shall provide for the security of such bonds and the sources from which such bonds are to be paid and for the rights of the holders thereof in all respects as herein authorized to be provided for other bonds issued under authority of this section. The authority may also provide that the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the bonds refunded.
(7) The resolution authorizing the issuance of bonds hereunder shall be once published in the official journal of the state. For a period of thirty days from the date of such publication any person in interest shall have the right to contest the legality of said resolution and of the bonds to be issued pursuant thereto and the provisions securing the bonds. After the expiration of said thirty days no one shall have any right of action to contest the validity of said bonds or the provisions of the resolution pursuant to which the bonds were issued, and all such bonds shall be conclusively presumed to be legal, and no court shall thereafter have jurisdiction to inquire into such matters.
(8) This section shall, without reference to any other law of Louisiana, except R.S. 51:1351-51:1355 of which this section is part, constitute full authority for the authorization and issuance of revenue bonds hereunder and no referendum thereon shall be required and no proceedings relating thereto or to the authorization or issuance of such bonds shall be necessary except the adoption of the resolutions herein contemplated and the publication of the resolution authorizing the issuance of the bonds and no other provision of the statutes of Louisiana pertinent to the authorization or issuance of bonds or the adoption of proceedings by governing bodies or requiring the holding of elections or referendums or in anywise impeding or restricting the carrying out of the acts by this section authorized to be done shall be construed as applying to any proceedings had or any acts done pursuant to this section.
(9) The bonds herein authorized to be issued shall not be a debt of the State of Louisiana and nothing herein contained shall be construed as pledging the faith and credit of the state to the retirement of said bonds.
(10) The bonds herein authorized to be issued shall be exempt from taxation.
Acts 1968, No. 605, §5.
When used in this Chapter, the following terms apply:
(1) "Connectivity" means the capacity for the interconnection of platforms, systems, and applications. It includes but is not limited to systems that utilize cable, fiber, lines, satellites, sound waves, or wire to transmit information.
(2) "Government agency" means any department, office, council, or agency of the federal, state, or local government, or any public benefit corporation or authority authorized by law.
NOTE: Paragraph (3) as amended and reenacted by Acts 2022, No. 760, eff. June 18, 2022.
(3) "Office" means the office of broadband development and connectivity.
(4) "Person" means any natural or juridical person, including corporations.
Acts 2020, 2nd Ex. Sess., No. 24, §3, see Act; Acts 2022, No. 760, §1, eff. June 18, 2022.
A. There is hereby created within the division of administration the office of broadband development and connectivity. The head of the office shall be the executive director of broadband development and connectivity.
B. The executive director shall employ necessary staff to carry out the duties and functions of the office as provided in this Chapter, or as otherwise provided by law.
C. On or before February first of each year, the executive director shall prepare and submit to the governor, the House Committee on Commerce, the Senate Committee on Commerce, Consumer Protection, and International Affairs, and the Joint Legislative Committee on Technology and Cybersecurity, a comprehensive report to include, at a minimum, the following information:
(1) Activities undertaken by the office during the previous year.
(2) Data concerning broadband and other connectivity services in this state and expansion and deployment of these services.
(3) An assessment of the current availability and accessibility of broadband and other connectivity services in the state.
(4) A mapping initiative to identify availability of broadband to every home and business in the state.
(5) Availability and description of public or private grants available for the expansion or enhancement of broadband services and other connectivity services in the state.
(6) Recommendations for legislative proposals.
(7) Identification of resources to assist the office in performing its functions and duties.
D. The governor shall direct that all state agencies provide the executive director with assistance in advancing the purpose of the office and assure that the activities of the office are fully coordinated with the activities of state agencies providing related services.
Acts 2020, 2nd Ex. Sess., No. 24, §3, see Act; Acts 2022, No. 760, §1, eff. June 18, 2022.
The office of broadband development and connectivity, by and through the executive director or his employees, shall have the following functions, powers, and duties:
(1) To provide comprehensive information relating to broadband and connectivity in the state upon request to any person or government agency.
(2) To promote and encourage broadband adoption for households that have not accessed services.
(3) To study and identify barriers to households that have not adopted broadband services.
(4) To advise and assist any person or government agency in addressing particular broadband and connectivity needs, including cooperative efforts among such persons and agencies.
(5) To establish procedures to review and comment on the federal mapping initiative created by the Broadband DATA Act, P.L. 116-130 that precisely maps the availability of broadband services to every home and business in the state.
(6) To research programs relating to broadband and connectivity services and receive notification from every person and government agency engaged in the provision of broadband and connectivity services of program descriptions, appropriation data, and application procedures. The office shall maintain a listing of existing programs and advise persons or government agencies of their existence.
(7) To assist, upon request, applicant persons or government agencies in obtaining timely and efficient responses from state and federal agencies; to assist the applicants in consideration of program grant strategies; to assist state and federal agencies in cooperative approaches to address the needs of the applicants; and to provide technical assistance to government agencies in formulating and implementing broadband expansion and connectivity programs.
(8) To encourage the assistance of the private sector, including broadband service providers, to effectuate the deployment and access to broadband and other connectivity services to all residents of the state.
(9) To assist the governor and the legislature in the development and integration of a broadband deployment plan and long-range plans to more effectively and efficiently provide access to any new connectivity options.
(10) To analyze and make recommendations concerning proposed state legislation or programs that may affect the expansion of broadband and other connectivity services.
(11) To apply for, receive, and administer grants or financial assistance from persons or government agencies.
(12) To adopt and promulgate such rules and regulations, procedures, instructions, and forms as are deemed necessary to implement the functions, powers, and duties imposed upon the office by this Chapter in accordance with the provisions of the Administrative Procedure Act.
(13) To do all things necessary or convenient to carry out the functions, powers, and duties expressly set forth in this Chapter.
Acts 2020, 2nd Ex. Sess., No. 24, §3, see Act; Acts 2022, No. 760, §1, eff. June 18, 2022.
A.(1) The office of broadband development and connectivity shall secure information from any entity, public or private, providing internet service to at least one location in the state to assist the office in compiling a statewide parish-by-parish broadband map identifying the locations and capability of broadband service in the state. At the request of the office, any such entity shall submit to the office, on or before fifteen days following the expiration of the date required for submission to the federal government, broadband deployment information containing the same information and in the same format the information is submitted to the Federal Communications Commission, in a manner specified by the office. In no instance shall an entity be required to provide any data beyond that which it is required to provide to the Federal Communications Commission.
(2) Any entity, public or private, providing internet service to at least one location in the state, that does not comply with the requirements of this Section or submits inaccurate information, may be ineligible to participate in, or receive any funding from, any state-administered grant program designated for broadband infrastructure deployment in the state in the calendar year of noncompliance and the following calendar year.
(3) Any location in the state purportedly served by any entity, public or private, providing internet service to at least one location in the state that does not comply with the requirements of this Section may be considered to have internet access service of less than twenty-five megabits per second for download and three megabits per second for upload.
(4) Any broadband availability data provided in accordance with this Section shall strictly be used for the purpose of identifying served, underserved, and unserved areas to aid in the administration of the "Granting Unserved Municipalities Broadband Opportunities" program, and for no other purpose whatsoever.
(5) Any entity submitting broadband data to the office of broadband development and connectivity as required by this Section may review the proposed draft of the state broadband map and submit any necessary corrective data to the office prior to the publication or utilization of the state broadband map for any state-administered grant program designated for broadband infrastructure deployment in the state.
(6) Any entity submitting broadband data to the office of broadband development and connectivity as required by this Section may challenge any area ultimately deemed eligible for any state-administered grant program designated for broadband infrastructure deployment in the state that overlaps with an entity's verified service territory.
B.(1) The office may contract with a private entity or third-party consultant to develop and maintain the state broadband map. Any contract entered into by the office and a private entity or third-party consultant for the purpose of developing and maintaining the state broadband map shall include a confidentiality agreement prohibiting the disclosure of any broadband data provided in accordance with this Section.
(2) Information compiled pursuant to the provisions of this Section is exempt from the Public Records Law and is considered confidential, proprietary, and a trade secret of the entity providing the information. The office, including any private entity or third-party consultant retained or employed pursuant to this Section, shall keep strictly confidential and shall not disclose, or cause or permit to be disclosed, to any third person, private entity, or public body as defined by R.S. 44:1, any broadband availability data provided in accordance with this Section. The office, including any private entity or third-party consultant retained or employed pursuant to this Section, shall take all actions reasonably necessary to ensure that the broadband availability data remains strictly confidential and is not disclosed to or seen, used, or obtained by any third person, private entity, or public body as defined by R.S. 44:1.
C. The requirements of this Section shall terminate under any one of the following conditions, whichever occurs first:
(1) Upon a determination by the office of broadband development and connectivity that it is no longer necessary to compile a statewide parish-by-parish broadband map identifying the locations and capability of broadband service in the state.
(2) At midnight on December 31, 2026.
D. The office may promulgate rules necessary to carry out the provisions of this Section in accordance with the provisions of the Administrative Procedure Act.
E.(1) The office may create a grant program and promulgate rules to prevent damage to existing utilities and ensure proper documentation of utilities associated with the grant program. After review by the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection and International Affairs, the Joint Legislative Committee on the Budget shall review and approve the rules and regulations before implementation.
(2) Data collected or provided in accordance with this Subsection on infrastructure owned, operated, leased, or otherwise used by an internet service provider or telecommunications provider, or its affiliates or subsidiaries, shall be confidential and exempt from the Public Records Law, R.S. 44:4.1 et seq., and exempt from disclosure under any other provision of law.
(3) No GUMBO 2.0 applicant or grantee shall be liable for damages or required to pay any penalty to any person or governmental entity for an act or omission of a local government, utility system, or the office related to or arising from the collection of data pursuant to this Subsection.
(4) Nothing in this Subsection shall be construed to relieve any person or operator of a public or private underground facility or utility of its obligations under the Louisiana Underground Utilities and Facilities Damage Prevention Law, R.S. 40:1749.11 et seq.
F. The office shall not hire more than one additional full-time employee to carry out the provisions of the Section.
Acts 2022, No. 760, §1, eff. June 18, 2022; Acts 2024, No. 632, §1.
The office is hereby empowered to enter into any agreement or contract with any persons or government agencies necessary or convenient to carry out the provisions of this Chapter.
Acts 2020, 2nd Ex. Sess., No. 24, §3, see Act.
The provisions of this Chapter shall terminate at twelve o'clock midnight on June 30, 2028, and shall thereafter have no effect.
Acts 2020, 2nd Ex. Sess., No. 24, §3, see Act; Acts 2022, No. 760, §1, eff. June 18, 2022.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
This Chapter shall be known and may be cited as the "4.9 GHz Allocation Act".
Acts 2021, No. 237, §2.
As used in this Chapter, the following terms have the meaning ascribed to them:
(1) "4.9 GHz band" means the fifty megahertz of spectrum in the 4940 to 4990 megahertz band.
(2) "Office" means the office under the direction of the executive director of broadband development and connectivity.
Acts 2021, No. 237, §2.
A. The office is hereby designated as the lessor of the 4.9 GHz band, in accordance with Federal Communications Commission rules. The office shall oversee, manage, and direct the leasing of the 4.9 GHz band in accordance with all rules and regulations provided in FCC-20-137.
B. The office shall develop a policy for leasing the 4.9 GHz band. The office shall ensure that the policy complies with the federal regulations provided for in Subsection A of this Section and meets all of the following requirements:
(1) Utilizes a blind auction method in which any natural or juridical person interested in leasing the 4.9 GHz band may submit bids to the office, and shall not be provided any information regarding other bids.
(2) Auctions the 4.9 GHz band as follows:
(a) Three portions of the band, each consisting of ten megahertz for Priority Access License.
(b) Reserve ten megahertz of the band for General Authorized Access.
(3) Reserves ten megahertz of the 4.9 GHz band for public safety usage.
(4)(a) Implements a tiered spectrum-sharing architecture, using an approved Spectrum Access System, that provides incumbent and license holder protection.
(b) The Spectrum Access System is required to monitor spectrum utilization, provide interference mitigation control, and provide a reporting mechanism.
(c) In addition to the requirements of Subparagraphs (a) and (b) of this Paragraph, the Spectrum Access System is required to include all of the following capabilities:
(i) Radio registration transmission.
(ii) Interference analysis.
(iii) Incumbent protection.
(iv) License validation.
(v) Radio channel assignment.
(vi) Radio power limits control.
(vii) License protection.
(5) Implements a tiered spectrum-sharing licensing model, that provides a "use it or share it" licensing scheme to allow the general public and enterprise to have access to General Authorized Access licenses at no cost, when the Priority Access License holder is not using the spectrum in a defined area.
(6) In accordance with FCC-20-137, does not auction or lease any spectrum currently in use by any incumbent, but shall allow an incumbent to consolidate spectrum into one continuous band upon request.
(7) Limits the length of the auction for portions of the 4.9 GHz band to three years, and allows an auction winner who utilizes the band to apply for two additional years of usage of the portions won at auction.
(8) Requires an auction winner to utilize his portion of the 4.9 GHz band or submit to the office plans to utilize his portion of the band within three years from the date of possession. If an auction winner has not utilized his portion of the band or submitted plans for utilization, within the three-year period, the office shall regain possession of his portion of the band and shall auction the portion during the following calendar year.
(9) In the event that there are no winning bids for an auctioned portion of the 4.9 GHz band, requires the office to attempt to auction that portion again within one calendar year.
(10) Requires the initial auction to take place on or before June 10, 2022.
(11) Allocates the proceeds from the auction as follows:
(a) Fifty percent to the office.
(b) Fifty percent to the parish from which the spectrum originated, to be used for public safety equipment.
(12)(a) Prohibits the office from auctioning any portion of the 4.9 GHz band in the following parishes to any natural or juridical person during the 2022 calendar year:
(i) Ascension.
(ii) Bossier.
(iii) Caddo.
(iv) Calcasieu.
(v) DeSoto.
(vi) East Baton Rouge.
(vii) Iberia.
(viii) Jefferson.
(ix) Lafayette.
(x) Lafourche.
(xi) Lincoln.
(xii) Plaquemines.
(xiii) Rapides.
(xiv) St. Bernard.
(xv) St. Charles.
(xvi) St. James.
(xvii) St. John the Baptist.
(xviii) St. Tammany.
(xix) Terrebonne.
(xx) West Baton Rouge.
(b) Prohibits the office from auctioning any portion of the 4.9 GHz band in Ouachita Parish to any natural or juridical person.
Acts 2021, No. 237, §2.
A. The office shall require auction winners, incumbents, and entities using the 4.9 GHz band for public safety to submit reports to the office on or before January 1, 2023. The report shall include the following:
(1) The amount of the 4.9 GHz band being used by the reporting person.
(2) The specific bands of the 4.9 GHz band that are being used by the reporting person.
(3) The purpose for which the reporting person is using the 4.9 GHz band.
(4) Any other information the office requires.
B. The office shall submit a report regarding the status of the 4.9 GHz band to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs prior to March 1, 2023. The report shall include the following:
(1) All users of the 4.9 GHz band including auction winners, incumbents, and entities using the band for public safety.
(2) The funds raised due to the auction of the 4.9 GHz band.
(3) Approximately how many people have been connected through use of the 4.9 GHz band.
Acts 2021, No. 237, §2.
A. Prior to January 1, 2023, the office shall establish, facilitate, and maintain a task force to study the commercial effects of the 4.9 GHz band use in this state. The executive director of broadband development and connectivity shall serve as chair of the task force, and the remainder of the task force is to be composed of the following members:
(1) The governor or his designee.
(2) The speaker of the House of Representatives or his designee.
(3) The president of the Senate or his designee.
(4) The chairman of the House Committee on Commerce or his designee.
(5) The chairman of the Senate Committee on Commerce, Consumer Protection, and International Affairs or his designee.
B. The task force shall hold the first meeting no later than January 31, 2022, and shall continue to meet, as often as necessary, until January 1, 2025. The task force shall meet at least twice per calendar year.
C. The task force shall examine how the 4.9 GHz band is being utilized commercially and consider other potential uses for the band.
D. The task force shall submit a report making recommendations as to how to utilize the 4.9 GHz band to the legislature no later than six months before the convening of the 2024 Regular Session.
E. The Division of Administration shall provide staff support as necessary to carry out the provisions of this Section.
Acts 2021, No. 237, §2.
A. Prior to January 1, 2022, the office shall establish, facilitate, and maintain a task force to study the public use of the 4.9 GHz band use in this state. The executive director of broadband development and connectivity shall serve as chair of the task force, and the remainder of the task force is to be composed of the following members:
(1) A representative of the Louisiana State Firemen's Association.
(2) A representative of the Louisiana Sheriffs' Association.
(3) A representative of the Louisiana State Police.
(4) A representative of the Louisiana Ambulance Alliance.
(5) A representative of the Louisiana Chapter of the Association of Public-Safety Communications Officials.
(6) An appointee of the chair of the House Committee on Commerce.
(7) An appointee of the chair of the Senate Committee on Commerce, Consumer Protection, and International Affairs.
B. The task force shall hold the first meeting no later than January 31, 2022, and shall continue to meet as often as necessary until January 1, 2025. The task force shall meet at least twice per calendar year.
C. The task force shall consider how to ensure that the commercial utilization of the 4.9 GHz band does not interfere with public safety.
D. Beginning in January of 2023, the task force shall submit an annual report to the legislature, with the final report being submitted in January of 2025. The report shall contain the findings of the task force and may contain recommendations from the task force.
E. The Division of Administration shall provide staff support as necessary to carry out the provisions of this Section.
Acts 2021, No. 237, §2.
Repealed by Acts 2008, No. 815, §5.
This Chapter shall be known and may be cited as the "Unfair Trade Practices and Consumer Protection Law."
Added by Acts 1972, No. 759, §1.
As used in this Chapter, the following words and phrases shall have the meanings hereinafter ascribed to them:
(1) "Consumer" means any person who uses, purchases, or leases goods or services.
(2) "Consumer interest" means those acts, practices, or methods that affect the economic welfare of a consumer.
(3) "Consumer transaction" means any transaction involving trade or commerce to a natural person, the subject of which transaction is primarily intended for personal, family, or household use.
(4) "Documentary material" means the original or a copy of any book, record, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated.
(5) "Elder person" means any person sixty-five years of age or older.
(6) "Examination" of documentary material includes the inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment in respect to any such documentary material or copy thereof.
(7) "Knowingly" means that the act or practice used was such that a reasonably prudent businessman knew or should have known that the act or practice was a violation of this Chapter.
(8) "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity.
(9) "Person with a disability" means a person with a mental, physical, or developmental disability that substantially impairs that person's ability to provide adequately for his own care or protection.
(10)(a) "Trade" or "commerce" means the advertising, offering for sale, sale, or distribution of any services and any property, corporeal or incorporeal, immovable or movable, and any other article, commodity, or thing of value wherever situated, and includes any trade or commerce directly or indirectly affecting the people of the state.
(b) "Trade" or "commerce" shall include the advertising, offering for sale, sale, or distribution of an abortion-inducing drug in violation of R.S. 40:962.2.
(c) "Trade" or "commerce" shall include the advertising or collecting fees as an adoption facilitator in violation of R.S. 46:1426.
Added by Acts 1972, No. 759, §1. Amended by Acts 1981, No. 873, §3, eff. Sept. 11, 1981; Acts 2006, No. 218, §1, eff. June 2, 2006; Acts 2014, No. 811, §28, eff. June 23, 2014; Acts 2022, No. 548, §3; Acts 2024, No. 362, §2.
Any consumer contract, express or implied, made by any person, firm, or corporation in violation of this Chapter is an illegal contract and no recovery thereon shall be had.
Acts 2006, No. 218, §1, eff. June 2, 2006.
A. The Louisiana Attorney General's Office, Public Protection Division, Consumer Protection Section shall have the following powers and duties:
(1)(a) To investigate, conduct studies and research, to conduct public or private hearings into commercial and trade practices in the distribution, financing and furnishing of goods and services to or for the use of consumers.
(b) In the furtherance of the above, the attorney general shall notify said seller, distributor, packer, or manufacturer who shall have the right to put on the record any and all pertinent information that may substantiate the commercial or trade practice and shall have the right of cross examination.
(c) Public disclosure shall not be made of any trade secret and commercial or financial information obtained from a person which is of a privileged or confidential nature.
(2) To suggest means of securing adequate consumer representation on public boards and commissions;
(3) To advise the governor and the legislature on matters affecting consumer interests, and to assist in developing executive policies, and to develop, draft and prepare legislative programs to protect the consumer;
(4) To promote consumer education;
(5) Repealed by Acts 2006, No. 218, §2, eff. June 2, 2006.
(6) To do such other acts as are necessary and incidental to the exercise of the powers and functions of the section.
B. The attorney general may receive information and documentary material and may receive and otherwise investigate complaints with respect to acts or practices declared to be unlawful by this Chapter or other laws of this state and inform the public with respect thereto. The attorney general may institute legal proceedings and take such other actions provided for herein or which are necessary or incidental to the exercise of his powers and functions.
C. The attorney general may receive funding available under federal grants and from other sources for the purposes set forth in this Chapter.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §§1, 2, eff. June 2, 2006.
A. Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.
B. The attorney general may make rules and regulations interpreting the provisions of this Chapter consistent with the provisions in R.S. 51:1 through 461.1. Such rules and regulations shall be adopted in the form and manner prescribed by the Administrative Procedure Act, R.S. 49:950 et seq. The validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of the parish in which the division is located or in the parish in which the plaintiff resides or is domiciled. Appeals may be had from any ruling of a district court in accordance with the Code of Civil Procedure, except that such appeals shall be given preference and heard in priority to other appeals.
Added by Acts 1972, No. 759, §1. Amended by Acts 1977, No. 240, §1, eff. July 5, 1977; Acts 1980, No. 719, §1, eff. July 29, 1980; Acts 1981, No. 873, §3, eff. Sept. 11, 1981; Acts 2006, No. 218, §1, eff. June 2, 2006.
The provisions of this Chapter shall not apply to:
(1) Any federally insured financial institution, its subsidiaries, and affiliates or any licensee of the Office of Financial Institutions, its subsidiaries, and affiliates or actions or transactions subject to the jurisdiction of the Louisiana Public Service Commission or other public utility regulatory body, the commissioner of financial institutions, the insurance commissioner, the financial institutions and insurance regulators of other states, or federal banking regulators who possess authority to regulate unfair or deceptive trade practices.
(2) Acts done by the publisher, owner, agent or employee of a newspaper, periodical or radio or television station or other advertising medium in the publication or dissemination of an advertisement when the publisher, owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement, did not prepare the advertisement and did not have any direct financial interest in the sale or distribution of the advertised product or service.
(3) No seller of any product or service who disseminates any advertisement or promotional material in this state shall be liable under this Chapter if he receives the advertisement or promotional material from a manufacturer, packer, distributor, or other seller from whom he has purchased the product or service unless he refused on the request of the attorney general to provide the name and address of the manufacturer, packer, distributor, or other seller from whom he has purchased the product or service and said seller also agrees to enter into an assurance of voluntary compliance as prescribed by this Chapter from disseminating any such advertisement or promotional material thereafter. This exemption does not in any way limit the right of action any consumer may have under this Chapter.
(4) Any conduct which complies with section 5(a)(1) of the Federal Trade Commission Act [15 U.S.C., 45(a)(1)], as from time to time amended, any rule or regulation promulgated thereunder and any finally adjudicated court decision interpreting the provisions of said Act, rules and regulations.
Added by Acts 1972, No. 759, §1; Acts 2000, 1st Ex. Sess., No. 34, §3, eff. April 14, 2000; Acts 2006, No. 171, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
A. Whenever the attorney general has reason to believe that any person is using, has used, or is about to use any method, act, or practice declared by R.S. 51:1405 to be unlawful, he may bring an action for injunctive relief in the name of the state against such person to restrain and enjoin the use of such method, act, or practice. The action may be brought in the district court having civil jurisdiction in any parish in which such person resides, or is domiciled or has his principal place of business, or in any parish in which such person did business, or, with consent of the parties, may be brought in the district court of the parish where the state capitol is located. In the event these district courts are not operational due to a declared state of emergency, the action shall be brought in an operating judicial court located closest in geographic distance to the Nineteenth Judicial District Court in the parish of East Baton Rouge. In the event that such person was located outside of the state, but was soliciting in the state by mail, telephone, or any electronic communication, the action may be brought in the district court having civil jurisdiction in the parish in which the contact was made. It being against the public policy of the state of Louisiana to allow a contractual selection of venue or jurisdiction contrary to the provisions of the Louisiana Code of Civil Procedure, no provision of any contract which purports to waive these provisions of venue, or to waive or select venue or jurisdiction in advance of the filing of any civil action, may be enforced against any plaintiff in an action brought in these courts. These courts are authorized to issue temporary restraining orders or preliminary and permanent injunctions to restrain and enjoin violations of this Chapter, and such restraining orders or injunctions shall be issued without bond.
B. In addition to the remedies provided herein, the attorney general may request and the court may impose a civil penalty against any person found by the court to have engaged in any method, act, or practice in Louisiana declared to be unlawful under this Chapter. In the event the court finds the method, act, or practice to have been entered into with the intent to defraud, the court has the authority to impose a penalty not to exceed five thousand dollars for each violation.
C. In addition to any other civil penalty provided for in this Section, if a person is found by the court to have engaged in any method, act, or practice in Louisiana declared to be unlawful under this Chapter, and the violation was committed against an elder person or a person with a disability, as defined in this Section, the court may impose an additional civil penalty not to exceed five thousand dollars for each violation.
D. In determining whether to impose an enhanced civil penalty under this Section and the amount thereof, the court shall consider any of the following:
(1) Whether the defendant's conduct was in disregard of the rights of the elder person or person with a disability.
(2) Whether the defendant knew or should have known that the defendant's conduct was directed to an elder person or person with a disability.
(3) Whether the elder person or person with a disability was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability than other persons and whether the elder person or person with a disability actually suffered physical, emotional, or economic damage resulting from the defendant's conduct.
(4) Whether the defendant's conduct caused an elder person or person with a disability to suffer any of the following:
(a) Mental or emotional anguish.
(b) Loss or encumbrance upon a primary residence of the elder person or person with a disability.
(c) Loss of or encumbrance upon the principal employment or principal source of income of the elder person or person with a disability.
(d) Loss of funds received under a pension or retirement plan or a governmental benefits program.
(e) Loss of property set aside for retirement or for personal or family care and maintenance.
(f) Loss of assets essential to the health and welfare of the elder person or person with a disability.
(5) Any other factors the court deems appropriate.
E. An award of restitution under this Chapter has priority over a civil penalty imposed by the court under this Section.
Added by Acts 1972, No. 759, §1; Acts 1997, No. 943, §1; Acts 2006, No. 218, §1, eff. June 2, 2006; Acts 2006, No. 610, §1, eff. June 23, 2006; Acts 2014, No. 811, §28, eff. June 23, 2014.
A. The court may issue such additional orders or render judgments against any party, as may be necessary to compensate any aggrieved person for any property, movable or immovable, corporeal or incorporeal, which may have been acquired from such person by means of any method, act, or practice declared unlawful by R.S. 51:1405, whichever may be applicable to that party under R.S. 51:1418. Such orders shall include but not be limited to the following:
(1) Revocation, forfeiture, or suspension of any license, charter, franchise, certificate, or other evidence of authority of any person to do business in the state.
(2) Appointment of a receiver.
(3) Dissolution of domestic corporations or associations.
(4) Suspension or termination of the right of foreign corporations or associations to do business in this state.
(5) Restitution.
B. Unless otherwise expressly provided, the remedies or penalties provided by this Chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
A. Any person who suffers any ascertainable loss of money or movable property, corporeal or incorporeal, as a result of the use or employment by another person of an unfair or deceptive method, act, or practice declared unlawful by R.S. 51:1405, may bring an action individually but not in a representative capacity to recover actual damages. If the court finds the unfair or deceptive method, act, or practice was knowingly used, after being put on notice by the attorney general, the court shall award three times the actual damages sustained. In the event that damages are awarded under this Section, the court shall award to the person bringing such action reasonable attorney fees and costs. Upon a finding by the court that an action under this Section was groundless and brought in bad faith or for purposes of harassment, the court may award to the defendant reasonable attorney fees and costs.
B. Upon commencement of any action brought under Subsection A of this Section, the plaintiff's attorney shall mail a copy of the petition to the attorney general, and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general, but failure to conform with this Subsection shall not affect any of plaintiff's rights under this Section.
C. Any permanent injunction, judgment or order of the court made under R.S. 51:1407 and 1408 shall be prima facie evidence in an action brought under this Section that the respondent used or employed a method, act or practice declared unlawful by R.S. 51:1405 or by rule or regulation promulgated pursuant thereto; provided, however, that this Subsection shall not apply to consent orders or voluntary assurances of compliance.
D. If any person is enjoined from the use of any method, act, or practice or enters into a voluntary compliance agreement accepted by the attorney general under the provisions of this Chapter, such person shall have a right of action to enjoin competing businesses engaged in like practices.
E. The action provided by this Section shall be subject to a liberative prescription of one year running from the time of the transaction or act which gave rise to this right of action.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006; Acts 2018, No. 337, §1.
A. For purposes of this Section, the following definitions apply:
(1) "Electronic mail" means an electronic message that is transmitted between two or more telecommunications devices, computers, or other electronic devices capable of sending and receiving electronic messages with a person identified by a unique electronic address.
(2) "Telephone" means a system for transmitting voices over a distance using wire, radio, cellular, or electric signals.
(3) "Text messaging" means using a wireless telecommunications device to manually communicate with any person by using a text-based communication referred to as a text message, instant message, or direct message.
B. In addition to any damages to which a person is entitled pursuant to R.S. 51:1409, the court may award damages not to exceed ten thousand dollars per violation if a person knowingly sends deceptive information to any elder person or person with a disability, as those terms are defined in R.S. 51:1402, who suffers damage or injury as a result of an offense or violation described in this Chapter through marketing by telephone, electronic mail, or text messaging.
C. Nothing in this Section shall be construed to extend liability for violations of the provisions of this Section to telephone, electronic mail, internet, cable, or other telecommunications service providers.
Acts 2019, No. 14, §1.
In the administration of this Chapter, the attorney general shall accept an assurance of voluntary compliance with respect to any method, act, or practice deemed to be violative of this Chapter from any person who has engaged or was about to engage in such method, act, or practice. Any such assurance shall be in writing and be filed with the district court having civil jurisdiction in the parish in which the alleged violator resides, or is domiciled or has his principal place of business, or in the district court of the parish in which the state capitol is located. Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
A. When the attorney general has evidence that a person has engaged in or is engaged in any method, act, or practice declared to be unlawful by this Chapter and he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in or is engaging in any act or practice declared to be unlawful, the attorney general may execute in writing and cause to be served by the sheriff or a post-certified commissioned law enforcement officer employed by the attorney general or through long-arm to a foreign corporation upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged or suspected violation, an investigative demand. Such investigative demand shall contain a description of the unlawful method, act, or practice under investigation and shall require such person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale, or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.
B. At any time before the return date specified in the investigative demand, or within twenty days after the demand has been served, whichever is shorter, a petition stating good cause for a protective order to extend the return date, or to modify or set aside the demand, may be filed in the district court having civil jurisdiction in the parish where the person served with the demand resides or is domiciled or has his principal place of business.
C. If no protective order from the court is secured and the written request by the attorney general is not complied with by the return date thereof, the attorney general may apply to the court for an order compelling compliance with the demand under R.S. 51:1413.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
A. When the attorney general has evidence that a person has engaged in or is engaged in any method, act, or practice declared to be unlawful by this Chapter, and when they believe it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in or is engaging in any act or practice declared to be unlawful by this Chapter in connection with such investigation, the attorney general may issue an investigative subpoena for deposition testimony to be served by the sheriff or a post-certified commissioned law enforcement officer employed by the attorney general or through long-arm to a foreign corporation upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged or suspected violation, for the purpose of revealing, identifying, or explaining documentary material or other physical evidence sought under R.S. 51:1411. Such investigative subpoena shall contain a description of the unlawful method, act, or practice under investigation, and a notice informing the prospective deponent of his right to counsel at the deposition with opportunity for cross-examination, and such deposition shall be conducted at the principal place of business of the deponent, at his place of residence, at his domicile, or, if agreeable to the deponent, at some other place convenient to the attorney general or the director and the lawful and designated attorney representative of the deponent. Such deposition shall be held at a reasonable time, as may be stated in the investigative subpoena.
B. At any time before the return date specified in the investigative subpoena, or within twenty days after the subpoena has been served, whichever is shorter, a petition stating good cause for a protective order to extend the return date, or to modify or set aside the subpoena, may be filed in the district court having civil jurisdiction in the parish where the person served with the subpoena resides or has his principal place of business.
C. If no protective order from the court is secured and the investigative subpoena is not complied with by the return date thereof, the attorney general may apply to the court for an order compelling compliance with the subpoena under R.S. 51:1413.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
If any person fails or refuses to file any statement, report, documentary material or physical evidence, or obey any investigative subpoena or demand issued by the attorney general and director, under R.S. 51:1411 or R.S. 51:1412, except as permitted by a protective order issued by an appropriate court, the attorney general and director may apply to the district court having civil jurisdiction in the parish where the person served with the demand or subpoena resides or has his principal place of business, for a rule to show cause why an order compelling compliance should not be issued. Any disobedience of an order compelling compliance under this section by any courts shall be punished as a contempt of court.
Added by Acts 1972, No. 759, §1.
The attorney general may use in the enforcement of this chapter all other authority for investigation, supervision and conduct of actions on behalf of the state which is provided in the Louisiana Constitution, and for the enforcement of this chapter and its provisions, the attorney general may use all other authority and procedures available to persons under the Louisiana Civil Code, Code of Civil Procedure and Revised Statutes.
Added by Acts 1972, No. 759, §1.
Service of any demand, subpoena or petition shall be made in the manner provided by the Louisiana Code of Civil Procedure or the Louisiana Revised Statutes.
Added by Acts 1972, No. 759, §1.
In addition to remedies for contempt of court otherwise provided by law, any person who violates the terms of an injunction issued under R.S. 51:1407 or 1408, or an assurance of voluntary compliance as authorized under R.S. 51:1410, may be required to pay to the state treasurer a civil penalty of not more than five thousand dollars per violation. For the purposes of this Section, the district court issuing an injunction shall retain jurisdiction and the attorney general acting in the name of the state may petition for recovery of civil penalties provided in this Section.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
District attorneys and their assistants under the supervision of the attorney general may institute and prosecute actions hereunder in the same manner as provided for the attorney general. In such cases, full reports shall be made to the attorney general, including final disposition of the matter.
Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
A. A consumer transaction or modification of a consumer transaction is made in this state when: (1) a writing signed by the consumer and evidencing the obligation is received by the merchant in this state, or when (2) the merchant negotiates in this state personally or by mail, telephone or otherwise, for a transaction with a consumer consummated outside the state.
B. Notwithstanding any other provision of law to the contrary, this Act applies if the consumer is a resident of this state at the time of the consumer transaction and either of the conditions specified in Subsection A of this section are present.
C. The following terms of a writing executed by a consumer are invalid with respect to consumer transactions or modifications thereof: (1) that the law of another state will apply; (2) that the consumer consents to the jurisdiction of another state; or (3) any term that fixes venue.
Added by Acts 1972, No. 759, §1.
Any person who is in the business of making house calls for the purpose of repairing home appliances shall disclose to the person requesting his services the amount of the service charge for which the person will be billed. Such service charge shall be defined as the fee charged for making the house call only and shall not include any charges for actual repair work done on any appliance. Disclosure must be made in advance and before any work is actually done. Failure to make the disclosure as provided for herein shall result in forfeiture of the right to collect the service charge.
Acts 1993, No. 88, §1, eff. Jan. 1, 1994.
A.(1) No person shall misrepresent the geographical location of a business or a supplier of a service or product by listing a fictitious business name or an assumed business name in the classified advertising section of a telephone directory or other directory database.
(2) A person is considered to have misrepresented the geographical location of a business or supplier of a service or product if any one of the following exists:
(a) The business or supplier is not located within the geographical area covered by the directory and the listing fails to identify the true physical address, including the municipality and state, of the geographical location of the business or supplier.
(b) Calls to a number listed in a directory or database are routinely forwarded or otherwise transferred to a business location that is outside the calling area covered by the directory or database in which the number is listed, and the person has not identified the true physical address of the geographical location of the business or supplier.
(c) The location of the business or supplier is in an area that is not contiguous to an area covered by the directory or database in which the number is listed.
(3) Nothing in this Section shall apply to local telecommunication carrier customers using permissible services, including but not limited to remote call forwarding or foreign exchange.
B. A business or supplier of a service or product may place a directory listing for a business the name of which indicates that it is located in a geographical area that is different from the geographical area in which the business is located if a conspicuous notice in the listing states the municipality and state in which the business is located.
C. No telephone company or other provider of a telephone directory or directory assistance service, or its officers or agents, shall be liable for publishing the listing of a fictitious business name or assumed business name of a business or supplier in its directory or directory assistance database unless the telephone company or other provider of a telephone or directory assistance service is the same person as the business or supplier of services or products who has committed the deceptive act.
D. Any violation of this Section shall be a deceptive and unfair trade practice and shall subject the violator to any and all penalties provided for in this Chapter.
Acts 1999, No. 859, §1.
A. No retail business shall require a consumer's name, address, telephone number, or other personal information when completing a consumer transaction for cash sale.
B.(1) Nothing in this Section shall apply to a transaction when a consumer makes payment either by credit card or by check.
(2) This Section shall not apply to a transaction for cash involving the sale of an automobile.
(3) The provisions of this Section shall not apply in instances where either state or federal law requires the retail business to obtain a consumer's personal information when completing a cash sale.
C. Any violation of this Section shall be a deceptive and unfair trade practice and shall subject the violator to any and all actions and penalties provided for in this Chapter.
D. The Department of Justice, consumer protection section shall adopt policies and procedures necessary to provide sufficient notice to each retail business in the state of the provisions of this Section.
Acts 2003, No. 534, §1; Acts 2004, No. 61, §1.
A. The provisions of this Section shall apply to an unsolicited offer, made by mail or common carrier, to sell to another an extended service agreement relative to a motor vehicle.
B. If the unsolicited offer is in writing, it shall state at the top of each page "THIS IS AN ADVERTISEMENT TO PURCHASE AN EXTENDED SERVICE AGREEMENT ON A MOTOR VEHICLE. IT IS NOT AN OFFICIAL DOCUMENT." The statement shall be in conspicuous and legible type that is not smaller than fourteen-point font and is in contrast by typography, layout, or color with any other printing on the writing.
C. If the unsolicited offer is oral, it shall begin and end with the statement: "THIS IS AN ADVERTISEMENT TO PURCHASE AN EXTENDED SERVICE AGREEMENT ON A MOTOR VEHICLE. IT IS NOT AN OFFICIAL NOTIFICATION OR DEMAND FOR ACTION."
D. A violation of the provisions of this Section shall constitute a deceptive and unfair trade practice and subject the violator to any and all actions and penalties authorized in this Chapter. Each offer in violation of this Section shall be considered a separate offense.
E. For the purposes of this Section, "extended service agreement" shall include any vehicle mechanical breakdown insurance policy, vehicle service contract sold by an independent payment provider or their agent, or vehicle component coverage contract. "Unsolicited offer" shall not include an offer made subsequent to a prior personal contact that included a meaningful exchange between the offeror and offeree.
F. The provisions of this Section shall not apply to any manufacturer, distributor, or dealer of motor vehicles as defined in R.S. 32:1252, any vehicle mechanical breakdown insurer licensed pursuant to R.S. 22:362, any person acting pursuant to an agreement of and on behalf of such manufacturer, distributor, dealer, or licensed vehicle mechanical breakdown insurer, any entity licensed pursuant to R.S. 6:969.37, or any Federal Deposit Insurance Corporation (FDIC) or National Credit Union Administration (NCUA) insured depository financial institution operating with a main office or one or more branches in this state, or their subsidiaries or affiliates.
Acts 2016, No. 657, §1.
A. For purposes of this Section, the term "gift certificate" shall mean a writing identified as a gift certificate or gift card purchased by a buyer for use by a person not redeemable in cash and usable in its face amount in lieu of cash in exchange for goods or services supplied by the seller. A gift certificate or gift card shall include an electronic card with a banked dollar value, a merchandise credit, a certificate where the issuer has received payment for the full face value of the future purchase or delivery of goods or services and any other medium that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card or other medium for goods, food, services, credit or money of at least an equal value.
B. It shall be unlawful for any person or entity to sell a gift certificate to a purchaser that contains any of the following:
(1) An expiration date that is less than five years from the date of issuance. Such expiration date shall appear in capital letters in at least ten-point font on the gift certificate.
(2) A service fee, including but not limited to a service fee for dormancy fee. However, nothing shall prevent the issuer from charging a one-time handling fee, which shall not exceed one dollar per gift certificate.
C. A gift certificate sold without an expiration date shall be valid until redeemed or replaced.
D. The provisions of this Section shall not apply to any of the following gift certificates:
(1) Gift certificates that are distributed by the issuer to a consumer pursuant to an awards loyalty or promotional program without any money or other thing of value being given in exchange for the gift certificate by the consumer.
(2) Gift certificates that are sold below face value or donated to nonprofit and charitable organizations for fundraising purposes.
(3) Repealed by Acts 2010, No. 174, §2.
E. Any violation of this Section shall be a deceptive and unfair trade practice and shall subject the violator to any and all actions and penalties provided for in this Chapter.
F. The provisions of this Section shall not apply to general use prepaid cards as defined in Title IV of the Credit Card Accountability, Responsibility, and Disclosure Act of 2009, 15 U.S.C. 1693 et seq., which are issued by federally insured depository institutions.
Acts 2004, No. 69, §1; Acts 2010, No. 174, §§1, 2.
A. The owner or operator of a commercial laundromat, as defined by R.S. 47:305.17, shall provide water to all washing machines in the facility and shall maintain a boiler to provide hot water to each machine, at a minimum temperature of one hundred twenty degrees Fahrenheit. Such boilers shall be subject to inspection in accordance with R.S. 23:536.
B. In the instance a machine is not providing hot water due to mechanical problems, the owner or operator shall place a sign on the machine indicating that hot water is not available.
C. For purposes of this Section "boiler" means a hot water heating boiler or a hot water supply boiler.
D. Any violation of this Section shall be an unfair or deceptive act or practice declared unlawful by R.S. 51:1405 and may subject the violator to any and all penalties provided for in this Chapter. In addition, the state fire marshal shall promulgate all rules and regulations necessary to provide for the implementation of this Section. Such rules and regulations shall authorize the state fire marshal to issue notices of noncompliance, provide for an administrative hearing process, and provide for the assessment of fines. At a minimum the rules and regulations shall provide for the issuance of a notice of noncompliance for the absence of a boiler, for the absence of hot water, or for the provision of water at a temperature below the minimum temperature.
Acts 2004, No. 357, §1, eff. Jan. 1, 2005.
A. A violation of the Stored Communications Act, Section 2701 et seq., of Title 18 of the United States Code, by a provider of Internet service involving information relating to a resident of Louisiana shall constitute a deceptive and unfair trade practice.
B. As used in this Chapter, "provider of Internet service" means a facilities-based provider or other entity that provides residential consumers with the ability to access the Internet in exchange for consideration such as through a paid subscription or through an agreement to view specific ads or content in exchange for Internet access, provided, however, this term does not include an entity that provides access to the Internet using spectrum regulated by the Federal Communications Commission pursuant to 47 U.S.C. 301 et seq. Systems operated or services offered by libraries or educational institutions are excluded from this definition.
C. Any violation of this Section shall be a deceptive and unfair trade practice and shall subject the violator to any and all penalties provided for in this Chapter.
D. Nothing herein shall prohibit a provider of Internet service from disclosing information to any state or local agency where such agency's lawful request is otherwise authorized in statute, including but not limited to disclosure required pursuant to R.S. 15:545.1.
Acts 2006, No. 556, §1; Acts 2008, No. 672, §2.
A. If a provider of Internet service knows or has reason to know that a subscriber currently resides in Louisiana, the provider shall make available to the subscriber a product or service which enables the subscriber to control a child's use of the Internet.
B. The product or service provided for in Subsection A of this Section must enable the subscriber to do all of the following:
(1) Block access to specific websites or domains deemed inappropriate by the subscriber in Subsection A of this Section.
(2) Restrict access exclusively to specific websites or domains deemed inappropriate by the subscriber in Subsection A of this Section.
(3) Allow the subscriber to monitor a child's use of the Internet service by providing a report to the subscriber of the specific websites or domains that the child has visited or has attempted to visit but could not access the websites or domains because the websites or domains were blocked or restricted by the subscriber.
C. For the purposes of this Section, a provider of Internet service shall be deemed to know that a subscriber in Subsection A is a Louisiana resident if the subscriber identifies this state as the subscriber's place of residence at the time of the subscription.
D. If a product or service described in this Section is reasonably and commercially available for the technology utilized by the subscriber to access the Internet service, the provider of Internet service shall do all of the following:
(1) Provide to the subscriber in Subsection A, at the time of subscription, notice of the availability of the product or service which enables the subscriber to control a child's use of the Internet.
(2) Make the product or service described in Subsection A of this Section available to the subscriber, either directly or through a third party vendor. The provider may charge for the product or service.
E. Any violation of this Section shall be an unfair trade practice and shall subject the violator to any and all actions and penalties provided for in this Chapter.
Acts 2008, No. 672, §2.
A. It shall be unlawful for a person to develop or manufacture a product, or to develop or supply a service using stolen or misappropriated property, including but not limited to computer software that does not have the necessary copyright licenses, where that product or service is sold or offered for sale in competition with those doing business in this state.
B. Any violation of this Section shall be an unfair method of competition and unfair practice or act and shall subject the violator to any and all actions and penalties provided for in this Chapter. For the purpose of this Section, a violation shall occur each time such a product or service is sold or offered for sale.
Acts 2010, No. 74, §1.
A. As used in this Section, the following words and phrases shall have the following meanings:
(1) "Demand letter" means a letter, email, or other communication that does either of the following:
(a) Asserts, alleges, or claims that the end-user has engaged in patent infringement.
(b) Requests or demands the end-user to obtain a license to a patent or to otherwise pay compensation in order to avoid litigation.
(2) "End-user" means a consumer, whether an individual, business, or financial institution, who purchases, rents, leases, or otherwise obtains a product, service, or technology in the commercial market that is not for resale and is, or later becomes, the subject of a patent infringement assertion.
B.(1) No person shall make a bad faith assertion of patent infringement against an end-user.
(2) A court may consider any of the following factors as evidence that a person has made a bad faith assertion of patent infringement against an end-user:
(a) The demand letter received by the end-user does not contain all of the following information:
(i) The patent number or the patent application number, if no patent number has been issued.
(ii) The name and address of the patent owner or owners and assignee or assignees, if any.
(iii) The factual allegations concerning the specific areas in which the products, services, or technology obtained by the end-user, or their use thereof, infringe the patent or are covered by the claims in the patent.
(b) The person sends a demand letter to an end-user without first making a reasonable effort to conduct an analysis comparing the claims in the patent to the products, services, or technology obtained by the end-user, or to identify specific areas in which the products, services, or technology are covered by the claims in the patent.
(c) When the demand letter lacks the information described in Subparagraph (2)(a) of this Subsection and the end-user requests information from the person, the person fails to provide the requested information within a reasonable period of time.
(d) The demand letter requires payment of a license fee or response from an end-user within an unreasonably short period of time.
(e) The claim or assertion of patent infringement against an end-user is without merit, and the person knew or should have known that the claim or assertion is without merit.
(f) The person or its subsidiaries or affiliates have previously filed or threatened to file one or more lawsuits against an end-user based on the same or similar claim of patent infringement, and those lawsuits or threats lacked the information described in Subparagraph (2)(a) of this Subsection.
(g) The demand letter or assertion of patent infringement contains any material misrepresentation of fact.
(3) A court may consider any of the following factors as evidence that an assertion of patent infringement against an end-user was not made in bad faith:
(a) The demand letter received by an end-user contains the information described in Subparagraph (2)(a) of this Subsection.
(b) When the demand letter lacks the information described in Subparagraph (2)(a) of this Subsection and the end-user requests the information, the person provides the information within a reasonable period of time.
(c) The person engages in a good faith effort to establish that the end-user has infringed or may be infringing the patent.
(d) The person or affiliate makes a substantial investment in the use of the patent or in the production or sale of a product, service, or technology covered by the patent.
(e) The person is either of the following:
(i) The inventor or joint inventor of the patent or, in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, the original assignee.
(ii) An institution of higher education or a technology transfer organization owned by or affiliated with an institution of higher education.
(f) The person has demonstrated good faith business practices in previous efforts to enforce the patent, or a substantially similar patent or has successfully enforced the patent, or a substantially similar patent, through litigation.
(g) Any other factor the court finds relevant.
C.(1) The attorney general has the sole authority to investigate and pursue any violation of this Section as an unfair or deceptive trade practice or act pursuant to R.S. 51:1401 et seq.
(2) Any person who is found liable under the provisions of this Section shall be liable to the attorney general for all costs, expenses, and fees related to investigations and proceedings associated with the violation, including attorney fees. An action to recover costs, expenses, fees, and attorney fees shall be ancillary to, and shall be filed and heard in the same court as a civil action filed under the provisions of this Section.
D. The remedies and rights provided under this Section are in addition to and do not preclude any right or remedy otherwise authorized by law.
E. Any person outside the state asserting patent infringement by an end-user in the state shall be deemed to be transacting business within the state within the meaning of R.S.13:3201 and shall thereby be subject to the jurisdiction of the courts of this state.
Acts 2014, No. 297, §1, eff. May 28, 2014.
A. For the purposes of this Section, the following terms have the following meanings:
(1) "Real estate broker" or "real estate salesperson" has the meanings ascribed to them in R.S. 37:1431.
(2) "Real estate service agreement" means an agreement that does all of the following:
(a) Grants a right to a person or his designee to act as a real estate broker or real estate salesperson for the sale of the residential immovable property identified in the real estate service agreement.
(b) Provides for compensation to one or more owners of the residential immovable property identified in the real estate service agreement.
(3) "Residential immovable property" means immovable property consisting of at least one but not more than four residential dwelling units, which are buildings or structures, each of which are occupied or intended for occupancy as single-family residences.
B. No person shall do any of the following:
(1) Secure any obligation in a real estate service agreement by obtaining a security interest, lien, or mortgage against residential immovable property.
(2) Record a real estate service agreement, or a notice, extract, or memorandum thereof, in the mortgage or conveyance records.
C. Any violation of the provisions of Subsection B of this Section shall be a deceptive and unfair trade practice and shall subject the violator to any action and penalty provided for in this Chapter, excluding private rights of action as provided in R.S. 51:1409 and 1409.1.
D. Any obligation arising out of a real estate service agreement shall not constitute a real right and is not effective or enforceable against a third person, whether or not the agreement under which it arises is recorded.
E. Any mortgage purporting to secure or purporting to create an encumbrance of any nature upon immovable property as security for obligations arising from a real estate service agreement is absolutely null.
F. If a real estate service agreement, or a notice, extract, or memorandum thereof, in the mortgage or conveyance records is recorded, it shall not provide actual or constructive notice against an otherwise bona fide purchaser or creditor.
G. Notwithstanding any provision of law to the contrary, an interested person may petition the court for a writ of mandamus ordering the clerk of court to cancel a security interest, lien, or mortgage or to remove a real estate service agreement, or a notice, extract, or memorandum thereof, from any public record.
H. The remedies and rights provided pursuant to this Section shall not preclude any right or remedy otherwise authorized by law.
I. Nothing in this Section authorizes or shall be construed to authorize a real estate salesperson or real estate broker to record a lien or privilege against an owner's residential immovable property to secure payment of a commission or other compensation.
J. This Section shall not apply to any of the following:
(1) A lien for a real estate broker commission on commercial real estate pursuant to R.S. 9:2781.1.
(2) An option to purchase or right of refusal to purchase real estate.
(3) An agreement to manage residential real estate.
Acts 2024, No. 363, §1, eff. May 28, 2024.
As used in this Chapter, unless the context requires otherwise:
(1) "Improper means" includes theft, bribery, misrepresentation, breach, or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(2) "Misappropriation" means:
(a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(b) disclosure or use of a trade secret of another without express or implied consent by a person who:
(i) used improper means to acquire knowledge of the trade secret; or
(ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
(aa) derived from or through a person who had utilized improper means to acquire it;
(bb) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(cc) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(a) derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and
(b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Added by Acts 1981, No. 462, §1.
A. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
B. If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.
C. In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Added by Acts 1981, No. 462, §1.
In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.
Added by Acts 1981, No. 462, §1.
If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
Added by Acts 1981, No. 462, §1.
In an action under this Chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
Added by Acts 1981, No. 462, §1.
An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purpose of this Section, a continuing misappropriation constitutes a single claim.
Added by Acts 1981, No. 462, §1.
A. This Chapter displaces conflicting tort, restitutionary, and other laws of this state pertaining to civil liability for misappropriation of a trade secret.
B. This Chapter does not affect:
(1) contractual or other civil liability or relief that is not based upon misappropriation of a trade secret, or
(2) criminal liability for misappropriation of a trade secret.
Added by Acts 1981, No. 462, §1.
This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting it.
Added by Acts 1981, No. 462, §1.
This Chapter may be cited as the Uniform Trade Secrets Act.
Added by Acts 1981, No. 462, §1.
This Chapter shall be known and may be cited as the "Louisiana Child Support Collection Protection Act".
Acts 2010, No. 872, §2, eff. July 2, 2010.
As used in this Chapter, the following words and phrases shall have the following meanings:
(1) "Arrears" or "arrearages" means amounts of past due and unpaid monthly support obligations established by a court order issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review, or any other judgment created by operation of any state law.
(2) "Child support" means any amount required to be paid pursuant to a court order issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review.
(3) "Contract" means a contract or agreement, as described in R.S. 51:1444, pursuant to which a private child support collection agency agrees to perform support enforcement services for an obligee for a fee or other compensation.
NOTE: Paragraph (4) eff. until October 1, 2027. See Acts 2025, No. 477, §17.
(4) "Department" means the Department of Children and Family Services, office of children and family services, child support enforcement section.
NOTE: Paragraph (4) as amended by Acts 2025, No. 477, §17, eff. October 1, 2027.
(4) "Department" means the Department of Children and Family Services, office of child support.
(5) "FITAP" means Family Independence Temporary Assistance Program.
(6) "Obligee" means an individual who is owed child support under a child support order and who has entered or may enter into a contract with a collection agency.
(7) "Obligor" means a resident of this state required to pay child support in accordance with an order of support issued by a court or other tribunal.
(8) "Order of support" or "child support order" means any judgment or order for the support of dependent children issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review.
(9)(a) "Private child support collection agency" or "collection agency" means an individual or nongovernmental entity that solicits and contracts directly with obligees to provide child support collection services for compensation.
(b) For the purposes of this Chapter, the following persons or entities are not considered a private child support collection agency:
(i) The department or any government agency providing services in accordance with Title IV-D of the Social Security Act and corresponding state laws and regulations;
(ii) An attorney duly licensed to practice law in the state of Louisiana if he is not employed by a private child support collection agency or does not derive a substantial portion of business from the collection or enforcement of child support. As used in this Section, "substantial" means that at least fifty percent of the attorney's business, either in terms of remuneration or time spent, is comprised of the activity of seeking to collect or enforce child support obligations.
(iii) A collection agency that performs support enforcement services while under contract with the department to provide such services in accordance with Title IV-D of the Social Security Act and corresponding state laws and regulations.
(iv) A public officer, judicial officer, receiver, or trustee acting in accordance with a court order.
(10) "Support services" and "support enforcement services" means:
(a) Any action taken by the department, upon receipt of an application or referral for services or a request made under the Uniform Interstate Family Support Act, in accordance with the federal requirements of Title IV-D of the Social Security Act and corresponding state laws and regulations without regard to whether there is any existing court order, delinquency, or presumption of paternity.
(b) A service, including related financial accounting services, performed directly or indirectly for the purpose of causing a payment required, or allegedly required, by an order of support to be made to the obligee or to an agent of that individual.
Acts 2010, No. 872, §2, eff. July 2, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 255, §8; Acts 2025, No. 477, §17, eff. October 1, 2027.
Any private child support collection agency providing support enforcement services to an obligee who is a resident of this state or collecting any child support or arrearages from an obligor shall comply with the following:
(1) Register with the secretary of state and provide information as requested, including the name of the private child support collection agency, the office address, and the registered agent in this state on whom service of process is to be made.
(2) Submit to the state treasurer not later than 4:30 p.m. on the fifth business day after registering with the secretary of state all of the following:
(a) A surety bond filed, held, and approved by the state treasurer. The surety bond shall be issued by a surety authorized to do business in this state in the amount of fifty thousand dollars in favor of the state for the benefit of a person damaged by a violation of this Chapter, and conditioned on the private child support collection agency's compliance with this Chapter and the faithful performance of the obligations under the private child support collection agency's agreements with its clients.
(b) A deposit of money in the amount of fifty thousand dollars may be made in lieu of the surety bond. The state treasurer shall deposit any amounts received under this Chapter in an insured depository account.
Acts 2010, No. 872, §2, eff. July 2, 2010.
A. Any contract for the collection of child support between a private child support collection agency and an obligee shall be in writing, in at least ten-point font or the equivalent, and dated and signed by the obligee and an authorized representative of the collection agency. The contract shall be delivered to the obligee in paper form. The contract shall include all of the following:
(1) A clear description of the child support enforcement services that may be provided.
(2) An explanation of the amount to be collected from the obligor and a statement of a sum certain of the total amount that is to be collected.
(3) An explanation in dollar figures of the maximum amount of fees which may be collected under the contract and an example of how the fees are calculated and deducted.
(4) A statement that fees shall be charged only for collecting past due child support, even if the contract includes provisions to collect current and past due child support.
(5) A statement that a private child support collection agency shall not retain fees from collections that are primarily attributable to the actions of the department and the collection agency shall be required to refund any improperly retained fee.
(6) An explanation of the opportunities available to the obligee or private child support collection agency to cancel the contract or other conditions under which the contract terminates.
(7) The mailing address, street address, telephone numbers, facsimile numbers, and Internet address or location of the collection agency and any agents who assist the collection agency.
(8) A statement that the private child support collection agency shall collect only money owed to the obligee and not child support assigned to the state of Louisiana.
(9) A statement that the private child support collection agency is not a government agency and is not affiliated with any government agency and that the department provides support enforcement services at little or no cost to the obligee.
(10) A statement that the obligee may continue to receive or pursue support enforcement services through the department and the collection agency may not prohibit this in any way.
(11) A provision that the collection agency cannot alienate, encumber, sell or assign any rights to the contract to a third party. This shall include using the contract as collateral to secure any debt owed by the collection agency to a third party.
(12) A copy of any other document the collection agency requires the obligee to sign.
(13) A notice that the collection agency is required to keep and maintain case records for a period of two years after the termination of the contract and may thereafter destroy or otherwise dispose of the records. The obligee may, prior to destruction or disposal, retrieve his entire record.
(14) The expected duration of the contract, stated as a length of time or as an amount to be collected.
B. A private child support enforcement service contract shall not include any of the following:
(1) A requirement that the obligee waive the right to pursue any civil or criminal matter, agree to resolve disputes in a jurisdiction other than the obligee's, or agree to the application of laws other than those of the residence of the obligee. Any waiver, including an agreement to arbitrate or a choice of forum or law, required as a condition of doing business with the collection agency shall be presumed against public policy and unenforceable.
(2) A clause that requires the obligee to change the payee or redirect child support payments that would otherwise be payable to the obligee, the department or other agency administering a state plan approved under Title IV-D of the Social Security Act and corresponding state laws and regulations, or a state disbursement unit, if payment is ordered to be made through a state disbursement unit.
(3) A requirement that the obligee not pursue a child support case with the department or other agency administering a state plan approved under Title IV-D of the Social Security Act and corresponding state laws and regulations.
(4) A requirement that the obligee waive his right to review and consent to any modification of the contract.
(5) A prohibition against termination of the contract for the collection of child support payments until the arrears are paid.
(6) A requirement that the obligee waive his right to accept a settlement offer.
C. A private child support enforcement contract may not be modified by subsequent agreement unless the obligee has signed the subsequent agreement after receiving a written copy of the modifications.
D. The provisions of this Subsection shall be attached to the contract as an addendum, in at least ten-point font, and be signed and dated by the obligee. In addition to any other cancellation or termination provisions provided in the contract, it shall be cancelled or terminated if any of the following:
(1) The obligee requests cancellation in writing within thirty days of signing the contract.
(2) No payment of child support has been collected by such debt collection agency for a period of six consecutive months.
(3) The collection agency breaches any term of the contract or violates any provision contained in this Chapter.
(4) The contract term has expired or the contract amount has been collected, whichever occurs first.
Acts 2010, No. 872, §2, eff. July 2, 2010.
A. A private child support collection agency shall comply with all of the following:
(1) Enter into a written contract with the obligee, as provided in R.S. 51:1444, before providing support enforcement services.
(2) Have an affirmative duty to act as a trustee and fiduciary for the benefit of the obligee.
(3) Advise an obligee before entering into a contract that he is not obligated to hire a collection agency to collect child support.
(4) Provide the obligee and the department, when the department is providing support enforcement services, with an accounting of any money collected and forwarded to the obligee every thirty days until the collection agency ceases all collection activity. The statement shall be sent by first class mail. The statement shall contain all of the following information:
(a) The name of the obligor and any other identifying information.
(b) The amount of support collected.
(c) The date each amount was received.
(d) The date each amount received was forwarded to the obligee.
(e) The amount of each payment forwarded to the obligee.
(f) The source of payment and the actions taken by the collection agency which resulted in the payment.
(g) The amount and percentage of each payment retained by the collection agency as its fee.
(h) A copy of all correspondence, both paper and electronic, sent or received by the collection agency during the preceding thirty days, excluding correspondence required by law to be kept confidential.
(5) Forward that portion of the collections due to the obligee within two days of receipt.
(6) Maintain records of all child support collections made on behalf of an obligee for the duration of the contract plus a period of two years after the termination of the contract. In addition to a copy of the contract, the collection agency shall maintain all of the following:
(a) A copy of the order establishing the child support obligation under which a collection was made by the collection agency.
(b) Records of all correspondence between the collection agency and the obligee or obligor in a case.
(c) Any other pertinent information relating to the child support obligation, including any case, cause, or docket number of the court having jurisdiction over the matter and official government payment records obtained by the collection agency on behalf of and at the request of the obligee.
(7) Safeguard case records in a manner reasonably expected to prevent the disclosure of information pertaining to the obligee or obligor, including protections for records maintained in an automated system.
(8) Ensure that every person who contracts with a collection agency has the right to obtain copies of all files and documents, both paper and electronic, in the possession of the collection agency as provided in this Paragraph. The obligee shall be provided reasonable access during regular business hours to originals and copies of the files and records of the collection agency regarding all monies received, collection attempts made, fees retained or paid to the collection agency, and monies disbursed to the obligee. The collection agency may not charge a fee for access to the files and records but may require the obligee to pay up to three cents per page for the copies prior to their release. This fee shall not apply to documents sent with a statement pursuant to Paragraph (4) of this Subsection.
(9) Convey any offer of settlement or compromise made by the obligor to the obligee in writing.
(10) Maintain a separate bank account for child support funds collected on behalf of obligees and keep such funds in the bank account until disbursed to the appropriate obligee.
B. Notwithstanding any other provision of this Chapter, including provisions establishing a right of cancellation and requiring notice thereof, any attorney contracting with an obligee to provide child support collection services for compensation shall comply with all provisions governing attorney conduct.
Acts 2010, No. 872, §2, eff. July 2, 2010.
A. Before commencing support enforcement services, a private child support collection agency shall obtain from the obligee all of the following:
(1) A certified copy of the order of support.
(2) A statement executed by the obligee under oath containing the arrears balance and the dates during which the arrears balance accrued.
(3) Any judgments in existence at the time the contract is signed by the obligee setting the arrears owed.
(4) A statement executed by the obligee under oath stating that the obligee is not receiving FITAP for, or on behalf of, himself or another individual.
B. In addition to Subsection A of this Section, before commencing support enforcement services, the collection agency shall send the obligor a written notice no later than five days after the obligee and collection agency sign a contract. The notice shall include all of the following:
(1) The name of the obligee.
(2) A statement of the amount of the child support arrears, including any associated interest, late payment fee, or other charge authorized by law, and the current child support owed by the obligor.
(3) A statement that the collection agency assumes that the obligor owes child support or arrears to the obligee and that the amounts owed as described in the statement are correct, unless the obligor disputes the existence or amount of the child support obligation within thirty days after receipt of the notice.
(4) A statement that if the obligor provides written notice to the collection agency within the time period provided in Paragraph (3) of this Subsection, disputing the existence or amount of the child support obligation or arrears, the collection agency shall cease efforts to collect the support until it obtains and mails to the obligor written verification of the existence or amount of the obligation.
(5) A statement that the arrears balance reflected does not include any amounts owed to the department or any other state agency administering a state plan approved under Title IV-D of the Federal Social Security Act, as amended.
C. A statement in accordance with Paragraph (B)(4) of this Section shall not affect the enforceability of a valid income-withholding order or assignment issued by the department or any other state agency administering a state plan approved under Title IV-D of the Federal Social Security Act, as amended.
D. The failure of an obligor to dispute the amount or existence of child support or arrears shall not be construed as an admission of liability by the obligor.
Acts 2010, No. 872, §2, eff. July 2, 2010.
A private child support collection agency providing support enforcement services to an obligee in this state or collecting support or arrears from an obligor shall not engage in any act which violates any provision of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq., or the Federal Trade Commission Act, 15 U.S.C. 42 et seq.
Acts 2010, No. 872, §2, eff. July 2, 2010.
A. When a private child support collection agency is found by a court to have violated the provisions of R.S. 51:1443, the court shall award to the state a civil penalty not to exceed ten thousand dollars.
B. A collection agency found by a court to have violated any of the provisions of R.S. 51:1444 through 1447 shall be ordered to pay to the plaintiff a civil penalty not to exceed five thousand dollars per violation and reasonable attorney fees, expenses, and court costs.
C. The civil penalties provided in this Section shall be cumulative to each other and any other provision of law.
Acts 2010, No. 872, §2, eff. July 2, 2010.
This Chapter may be cited as The Service Station Dealers Day in Court Act.
Added by Acts 1974, No. 628, §1.
As used in this section:
(1) The term "refiner" means a person or other legal entity engaged in the refining or importing of petroleum products.
(2) The term "retailer" means a person or other legal entity engaged in the retail sale of motor gasoline who operates under a franchise.
(3) The term "franchise" means any agreement or contract between a refiner and a retailer, under which such retailer is granted authority to use a trademark, trade name, service mark, or other identifying symbol or name owned by such refiner, or any agreement or contract between such parties under which such retailer is granted authority to occupy premises owned, leased, or in any way controlled by a party to such agreement or contract, for the purpose of engaging in the sale at retail of motor gasoline.
(4) The term "good faith" shall mean the duty of each party to any franchise, and all officers, employees or agents thereof, to act in a fair and equitable manner toward each other so as to guarantee the one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party; provided, that recommendation, endorsement, exposition, urging or argument shall not be deemed to constitute a lack of good faith.
(5) "Essential and reasonable requirement" shall mean a reasonable condition, provision, or stipulation in the franchise agreement which is of sufficient importance to require strict compliance therewith. There shall be a rebuttable presumption that it is not an "essential and reasonable requirement" to require a retailer to operate more than seventy-two hours per week.
(6) "Direct operated outlet" shall mean a retail outlet operated by a refiner, its employees or agents. Retail outlets operated by a refiner, its employees or agents on a temporary basis not to exceed ninety days shall not be considered a direct operated outlet for the purposes of this Chapter.
(7) The term "goodwill" shall mean whatever value, if any, is added to the service station business of the retailer by the retail sale of petroleum products and related automobile services and repairs during the term of a franchise, and of any preceding franchises between the same parties, covering the same premises, solely by virtue of the efforts of the retailer and his employees, over and above any and all value contributed by the premises, by the trademark, trade name, service mark or other identifying symbol or name owned by such refiner, by advertising furnished or paid for by the refiner, or by any other property of the refiner, or by any other cause or factor whatsoever, which value can reasonably be expected to remain with the premises after the departure of the retailer.
(8) The terms "cancel a franchise", "cancellation of a franchise", "cancel a franchise during the stated term of any franchise" and similar combinations of such words, shall mean the dissolution of a franchise prior to the expiration of its term, but shall not include the exercise of a right to put an end to a franchise, which otherwise would be renewed automatically for a fixed period, such as a month to month or a year to year franchise, by notice within a specified time prior to the expiration of any such period, provided such notice shall be not less than ninety days, as required in R.S. 51:1453B. For purposes of this Act the exercise of any such right to prevent automatic renewal shall constitute a "failure to renew a franchise."
Added by Acts 1974, No. 628, §1.
A. A refiner or retailer shall not cancel or fail to renew a franchise unless he furnishes notice of intent to the other party. Such notice of intent shall be in writing and sent to such party by certified mail not less than ninety days prior to the date on which such franchise will be canceled or not renewed.
Provided, however, that (1) where, and to the extent that a franchise or other related agreement provides that it may be cancelled for criminal misconduct related to the premises; violation of law related to the premises; fraud; failure to pay taxes and obtain and maintain all licenses, permits, and other authority necessary to conduct business pursuant to the franchise; extension of credit in violation of the provisions of a franchise or other related agreement; expropriation, appropriation, condemnation, or other taking, in whole or in part, of, or damage to, the premises covered by the franchise pursuant to the power of eminent domain; or for other public purpose; abandonment, vacancy, closure, or unattendance of the premises covered by the franchise in excess of the period specified in the franchise; bankruptcy, insolvency, or filing of a petition for an arrangement under the Bankruptcy Act; alienation, transfer, subletting, assignment, pledge, or encumbrance of the franchise or of property covered by the franchise; attachment, garnishment, execution, or other legal process or proceedings levied against the franchise or property covered by the franchise; adulteration or misrepresentation of products; death or incapacity of a natural person, or termination or dissolution of a partnership or corporation; loss by the refiner of its legal right to grant a retailer possession of leased premises which are the subject of a franchise; force majeure; governmental regulations; inability or impracticability of performance; or the non-payment of sums due under the franchise; and (2) one or more of the foregoing constitute the grounds for cancellation or nonrenewal of a franchise, the notice provisions of this section shall not apply. Such notice given by certified mail shall be effective on the date of mailing. Such notice of intent shall contain in the case of cancellation a statement of intention to cancel, together with the reasons therefor, and the date on which such action shall take effect. In the case of nonrenewal, such notice shall recite the date on which such franchise term expires.
B. A refiner or retailer shall not cancel a franchise during the stated term of any franchise unless the party whose franchise is attempted to be canceled has failed to comply with any essential and reasonable requirement of such franchise, or has failed to comply substantially with any other condition, provision or stipulation of the franchise, unless the grounds for cancellation are such which do not require notice pursuant to Subsection A of this section, or unless the cancellation is otherwise authorized by other laws of this state, or unless such refiner or retailer withdraws entirely from the sale of motor gasoline in this state, or unless the parties mutually consent to the cancellation in writing.
Added by Acts 1974, No. 628, §1.
A retailer may bring suit against a refiner and a refiner may bring suit against a retailer where the plaintiff and defendant are parties to a franchise, and the plaintiff may be granted relief in the following respects:
(1) Where the court finds cancellation of a franchise in violation of this Chapter, specific performance or injunctive relief may be granted, or in the alternative, the actual damages sustained by plaintiff including ascertainable loss of goodwill as a result of plaintiff's franchise being cancelled.
(2) Where the court finds plaintiff's franchise was cancelled for one of the reasons permitted under R.S. 51:1453B, plaintiff shall be entitled to recover an amount equal to the price previously paid by plaintiff to defendant for resalable tires, batteries, accessories, branded products, and equipment previously purchased by the plaintiff from the defendant, less reasonable allowance for depreciation with respect to equipment previously purchased, all of which shall be returned to, and become the property of, the defendant.
(3) In the case of nonrenewal of a franchise, plaintiff shall be entitled to the recovery allowed in Subparagraph (2) of this section. A retailer may also recover for ascertainable loss of goodwill where a refiner within one year from the date of such nonrenewal reopens the subject outlet as a direct-operated outlet, or within one year after such nonrenewal, refiner closes subject outlet and opens a direct-operated outlet within one-half mile of the location of the subject outlet, which direct-operated outlet would have directly competed with subject outlet if it had remained in business; provided that if the refiner had cause to cancel the franchise for one of the reasons permitted under R.S. 51:1453B, the retailer shall not be entitled to recover for goodwill; and provided further that if the refiner and retailer mutually agree to relocate the retailer in another outlet, said retailer shall not be entitled to recover goodwill.
In the event the plaintiff establishes recoverable damages, the refiner or retailer as defendant shall have the right to offset those damages against any existing indebtedness owed to him by the plaintiff.
If the court finds that any violation or cancellation hereunder was not done in good faith, the court may award reasonable attorney fees, provided however that any defendant shall not be barred from asserting in defense of any such allegation the failure of the plaintiff to act in good faith.
Added by Acts 1974, No. 628, §1.
No such suit shall be maintained unless commenced within two years after cancellation of, or failure to renew such franchise.
Added by Acts 1974, No. 628, §1.
§§1500 to 1512 Repealed by Acts 1987, No. 820, §1.
As used in this Chapter, "contract for dance studio lessons and other services" means a contract for instruction in ballroom or other types of dancing, and includes lessons and other services, whether given to students individually or in groups. This Chapter does not include contracts for professional services rendered or furnished by a person licensed under the provisions of R.S. 17:3141.1 et seq. governing the operations of proprietary schools.
Added by Acts 1979, No. 533, §1.
Every contract for dance studio lessons and other services shall be in writing and shall be subject to the provisions of this Chapter. A copy of the written contract shall be given to the customer at the time he signs the contract.
Added by Acts 1979, No. 533, §1.
A. No contract or series of contracts for dance studio lessons and other services shall require payment by the person receiving the lessons and other services or the use of the facilities of a total amount in excess of one hundred private hours or five thousand dollars, whichever is less.
B. No contract for dance studio lessons and other services shall require payments or financing by the buyer over a period in excess of two years from the date the contract is entered into, nor shall the term of any such contract be measured by the life of the buyer. However, the lessons and other services to be rendered to the buyer under the contract may extend over a period not to exceed seven years from the date the contract is entered into.
C. All contracts for dance studio lessons and other services which may be in effect between the same seller and the same buyer, the terms of which overlap for any period, shall be considered as one contract for the purposes of this Chapter.
Added by Acts 1979, No. 533, §1.
A. Every contract for dance studio lessons and other services shall provide that performance of the agreed upon lessons will begin within twelve months from the date the contract is entered into.
B. Every contract for dance studio lessons and other services shall further provide that such contract may be rescinded within three days after receipt of the contract by the customer by written notice to the other party at the address specified in the contract, and all monies paid pursuant to such contract shall be refunded within ten days of receipt of the notice of rescission, subject to payment by the customer for dance studio lessons or other services received prior to rescission.
C. Every contract for dance studio lessons and other services shall contain a written statement of the hourly rate charged for each type of lessons for which the student has contracted. If the contract includes dance studio lessons which are sold at different per hour rates, the contract shall contain separate hourly rates for each different type of lessons sold. All other services for which the student has contracted which are not capable of a per hour charge shall be set forth in writing in specific terms. Such statement shall be contained in the dance studio contract before the contract is signed by the buyer.
D. Every dance studio subject to the provisions of R.S. 51:1564 through R.S. 51:1566, inclusive, shall include in every contract for dance studio lessons or other services a statement that the studio is bonded and that information concerning the bond may be obtained by writing to the office of the state treasurer. If the studio has elected to make a cash deposit in lieu of procuring a bond, the contract shall contain a description of the cash deposit.
Added by Acts 1979, No. 533, §1.
No contract for dance studio lessons and other services shall require or entail the execution of any note or series of notes by the buyer which, when separately negotiated, will cut off as to third parties any right of action or defense which the buyer may have against the seller.
Added by Acts 1979, No. 533, §1.
No right of action or defense arising out of a contract for dance studio lessons and other services which the buyer has against the seller, and which would be cut off by assignment, shall be cut off by assignment of the contract to any third party whether or not he acquires the contract in good faith and for value unless the assignee gives notice of the assignment to the buyer as provided in this Section and, within thirty days of the mailing of notice, receives no written notice of the facts giving rise to the claim or defense of the buyer. A notice of assignment shall be in writing addressed to the buyer at the address shown on the contract and shall identify the contract and inform the buyer that he shall, within thirty days of the date of mailing of the notice, notify the assignee in writing of any facts giving rise to a claim or defense which he may have. The notice of assignment shall state the name of the seller and buyer, a description of the lessons and other services, the contract balance, and the number and amount of the installments.
Added by Acts 1979, No. 533, §1.
A. Every contract for dance studio lessons and other services shall contain a clause providing that if, by reason of death or disability, the person agreeing to receive lessons and other services is unable to receive all lessons and other services for which he has contracted, he and his estate shall be relieved from the obligation of making payment for lessons and other services other than those received prior to death or the onset of disability, and that if he has prepaid any sum for lessons and other services so much of such sum as is allocable to lessons and other services he has not taken shall be promptly refunded to him or his representative.
B. Notwithstanding the provisions of any contract to the contrary, whenever the contract price is payable in installments and the buyer is relieved from making further payments or entitled to a refund under this Section, the buyer shall be entitled to receive a refund or refund credit of so much of the cash price as is allocable to the lessons or other services not actually received by the buyer. The refund of the finance charge shall be computed according to the "sum of the balances method," also known as the "Rule of 78".
Added by Acts 1979, No. 533, §1.
The provisions of this Chapter are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with all other applicable provisions of law.
Added by Acts 1979, No. 533, §1.
Any contract for dance studio lessons and other services which does not comply with the applicable provisions of this Chapter shall be void and unenforceable as contrary to public policy.
Added by Acts 1979, No. 533, §1.
Any contract for dance studio lessons and other services entered into in reliance upon any willful and false, fraudulent, or misleading information, representation, notice, or advertisement of the seller shall be void and unenforceable.
Added by Acts 1979, No. 533, §1.
Any waiver of the buyer of the provisions of this Chapter shall be deemed contrary to public policy and shall be void and unenforceable.
Added by Acts 1979, No. 533, §1.
A. Any person who suffers any ascertainable loss of money or movable property, corporeal or incorporeal, as a result of fraud, dishonesty or the violation of the provisions of this Chapter may bring an action individually but not in a representative capacity to recover actual damages. If the court finds that such a violation was committed, the court may award the actual damages sustained. In the event that damages are awarded under this Section, the court shall award to the person bringing such action reasonable attorney fees and costs. Upon a finding by the court that an action under this Section was groundless and brought in bad faith or for purposes of harassment, the court may award to the defendant reasonable attorney fees and costs.
B. Notwithstanding the provisions of this Chapter, any failure to comply with any provision of this Chapter may be corrected within thirty days after the execution of the contract by the buyer, and, if so corrected, neither the seller nor the holder shall be subject to any penalty under this Title, provided that any correction which increases any monthly payment, the number of payments, or the total amount due, must be concurred in, in writing, by the buyer. "Holder" includes the seller who acquires the contract, or, if the contract is purchased by a financing agency or other assignee, the financing agency or other assignee.
C. This Section shall not be deemed to prohibit the enforcement by any person of any right provided by this or any other law.
Added by Acts 1979, No. 533, §1.
Every dance studio shall maintain a bond issued by a surety company authorized to do business in this state. The principal sum of the bond shall be twenty-five thousand dollars.
A copy of such bond shall be filed with the office of the state treasurer. If the person in whose name the bond is issued severs his relationship with the bonded dance studio, the new owner shall, as a condition of doing business, notify the office of the state treasurer of the change of ownership and of proof of compliance with R.S. 51:1564 through R.S. 51:1566.
Added by Acts 1979, No. 533, §1.
The bond required by R.S. 51:1563 shall be in favor of the state of Louisiana for the benefit of any person who, after entering into a contract for dance studio lessons and other services with the dance studio, is damaged by fraud or dishonesty or failure to provide the services of the studio in performance of the contract. Any person claiming against the bond may maintain an action at law against the dance studio and the surety.
The aggregate liability of the surety to all persons for all breaches of the conditions of the bonds provided herein shall in no event exceed the amount of the bond.
Added by Acts 1979, No. 533, §1.
In lieu of furnishing the bond required by R.S. 51:1563 the dance studio may deposit with the office of the state treasurer a cash deposit in a like amount. This cash deposit may be satisfied by any of the following:
(1) Certificates of deposit payable to the office of the state treasurer issued by banks doing business in this state and insured by the Federal Deposit Insurance Corporation.
(2) Investment certificates or share accounts assigned to the office of the state treasurer and issued by a savings and loan association doing business in this state and insured by the Federal Deposit Insurance Corporation.
(3) Bearer bonds issued by the United States government or by this state.
(4) Cash deposited with the office of the state treasurer.
Added by Acts 1979, No. 533, §1.
The provisions of R.S. 51:1551 through R.S. 51:1565 do not apply to any dance studio which does not enter written contracts for, or require advance payments, by cash or negotiable instrument for either dance lessons or other services to be rendered by the studio in the future in an amount greater than five hundred dollars.
Added by Acts 1979, No. 533, §1.
This Chapter may be cited as the Physical Fitness Services Act.
Added by Acts 1982, No. 808, §1.
As used in this Chapter:
A. "Physical fitness services" means facilities or services for the development of physical fitness through exercise or weight control. This term includes the facilities, services, and classes of health or exercise centers, clubs, studios, health spas, weight control centers, clinics, figure salons, tanning centers, and athletic or sport clubs. It shall not include a business limited solely to the practice of physical therapy, as defined in R.S. 37:2401, by a therapist licensed by the Louisiana State Board of Medical Examiners; nor shall it apply to medically related services performed by a physician licensed by the Louisiana State Board of Medical Examiners in a private office, clinic, or hospital.
B. "Customer" or "member" means a person who contracts for the use of physical fitness services.
C. "Center" means any person or organization which, for profit, offers physical fitness services, whether at multiple outlets or a single outlet. Any subsidiary of a center offering such services shall be deemed a part of said center.
D. "Outlet" means a separate location of a center which is not physically connected with another center but which may use the same name or may be operated by the same person or organization.
Added by Acts 1982, No. 808, §1.
A. Every prepaid or credit contract for physical fitness services of over one month's duration shall conform to the following requirements:
(1) The contract shall be in writing, and a copy shall be given to the customer at the time he signs it.
(2) The contract shall state clearly the street address or location of the center and any outlet which the member may use at the time the contract is executed.
(3) The contract shall reveal the finance charge, if any, which the member agrees to pay.
(4) If the customer executes a negotiable promissory note in connection with the contract, the contract shall clearly indicate that the promissory note is negotiable paper and that it may be discounted and sold to third parties. Negotiation of the promissory note does not affect the right of the member to cancel the contract or the method by which the cancellation may be made.
(5) Every center that engages in the sale of contracts prior to the opening of any outlet shall provide to each customer prior to the time the customer signs the contract, a written list of equipment and services which are or will be available for use by the customer at the outlet.
(6) Any contract by and between a center and a customer shall be canceled at the customer's option if any of the following conditions are met:
(a) The center goes out of business.
(b) The center moves any outlet more than ten driving miles from the business location designated in such contract and fails to provide, within thirty days, an outlet of equal quality located within ten driving miles of the business designated in the contract at no additional cost to the customer.
(c) Construction of or improvement to an outlet is not completed within one year of the date on which the contract between the center and the customer is signed, unless such completion date is extended through no fault of the center. Notwithstanding the provisions of this Subparagraph, construction shall commence, in any event, within thirty days from the date the first contract is executed by a customer.
(d) Any physical fitness services provided to the customer pursuant to Paragraph (5) of this Subsection are materially changed.
(7) The contract shall contain under a conspicuous caption in capital letters and boldfaced type the following language:
"CUSTOMER'S RIGHT TO CANCEL
(a) You may cancel this contract by sending notice of your wish to cancel to the center before midnight of the third business day after you sign the contract. This notice must be hand delivered to the center or sent registered mail to the following address:
Within fifteen days of receipt of this notice, the center shall return any payments made and any note executed by the customer in connection with the contract. If you use the seller's facilities or services, the center may charge you a reasonable fee based on days of actual use.
(b) This right of cancellation shall affect only the financial obligations under the contract and the customer's right to use the center's physical fitness service."
B. Any contractual provision allowing more liberal rights of cancellation than herein set forth may be substituted for the notice required herein.
Added by Acts 1982, No. 808, §1; Acts 1993, No. 704, §1.
No contract for physical fitness services may:
(1) Have a duration of longer than thirty-six months or be measured by the life of the buyer or the life of the center.
(2) Waive the required provisions of this Chapter.
(3) Provide that a right of action or defense of the member shall be terminated by assignment of the contract to a third person.
Added by Acts 1982, No. 808, §1.
Any provision of a contract for physical fitness services that does not comply with R.S. 51:1577 and 1578 is unenforceable against the member.
Added by Acts 1982, No. 808, §1.
A contract may also contain any other clause not in conflict with this Chapter or other provisions of law.
Added by Acts 1982, No. 808, §1.
Any right of action or defense which the member could raise based on the contract for physical fitness services is preserved against any assignee or successor to the contract or to any credit contract executed by the member in connection therewith.
Added by Acts 1982, No. 808, §1.
A.(1) Every center which enters into prepaid or credit contracts for physical fitness services of over one month's duration shall maintain with the state treasurer a surety bond in the amount of twenty-five thousand dollars.
(2) Such bond shall be maintained and in effect for two years from the date:
(a) The center sells a contract to provide facilities or services.
(b) A bond is secured as a result of action taken by a district attorney or the office of consumer protection within the Department of Justice.
(3) A surety bond required under the provisions of Subsection A shall be issued by a surety company authorized to do business as a surety in this state.
(4) Each bond shall be in favor of the state for the benefit of any customer who is damaged by the center's violation of law or failure to comply with its contractual obligations to its customers. The state or any person claiming against the bond may maintain actions for damages or additional relief against the center and the surety. The aggregate liability of the surety for all breaches of the bond conditions provided herein shall in no event exceed the amount of the bond.
(5) The provisions of Subsections A and B of this Section shall apply and become effective as to any center upon the sale or transfer of more than fifty percent of any class of stock, equity interest, or other ownership interest in the center.
B.(1) In lieu of the bond required by Subsection A of this Section, a center may deposit with the office of the state treasurer a certificate of deposit issued by a financial institution doing business in this state and insured by the Federal Deposit Insurance Corporation and pledge it, for the periods specified for the bond required under Subsection A of this Section, and for ninety days thereafter, to the state of Louisiana for the benefit of any customer damaged by the center's violation of law, or failure to comply with its contractual obligations to its customers. The certificate shall be in the amount of the bonds required under Subsection A of this Section. Any interest from the certificate of deposit shall be payable to the center. If the state or a customer obtains a final judgment against the center which must be satisfied from the proceeds of the certificate of deposit, any penalty arising from premature payment of the certificate of deposit shall be paid by the center and not subtracted from the face amount of the pledged certificate.
(2) In lieu of maintaining the bond required in Subsection A of this Section or in lieu of maintaining a certificate of deposit with the office of the state treasurer as set forth in Paragraph (1) of this Subsection, a center may furnish an irrevocable letter of credit from any foreign or domestic bank that is insured by the Federal Deposit Insurance Corporation, in the amount of twenty-five thousand dollars, which letter of credit shall be returned upon request by the center following the expiration of two years from the date set forth in Paragraph A(2) of this Section.
C. A copy of the bond or certificate of deposit required by this Chapter shall be posted conspicuously at every location where monies or contracts are received by the center.
D. A copy of any bond or certificate required by this Section shall be conspicuously posted on the premises of the center at each separate location and made available for inspection by any person upon request.
E. It shall be unlawful for any person or center to advertise, sell, or offer to sell the physical fitness services of a center required to maintain a bond or certificate of deposit when a valid bond or certificate is not on file with the state treasurer.
F. Any person who may have violated Subsection E of this Section shall be warned in writing of the provisions of this Section.
G. Any person who violates this Subsection E of this Section after receipt of a warning shall be guilty of a violation of law and shall be fined in an amount not to exceed five hundred dollars.
H. If a center does not maintain the bond or certificate of deposit required by this Section, any customer may cancel his contract for that reason.
I. Except as provided in Paragraph (A)(5) of this Section, the provisions of R.S. 51:1582 shall not apply to any center that is in operation on September 10, 1982. Centers claiming this exemption shall substantiate the claim upon the reasonable request of any law enforcement officer, district attorney, or of any representatives of the attorney general or office of consumer protection.
J. Any center that properly posts a bond as provided by Subsection A of this Section, deposits a certificate of deposit as provided by Subsection B of this Section, or furnishes an irrevocable letter of credit as provided by Subsection B of this Section and then sells a contract to provide services and facilities but fails to open for business shall refund the entire contract price to each purchaser. After all refunds have been made, the center may petition the district court in the parish in which the business was to have been located to have an order issued to cancel the bond or return the certificate of deposit or the letter of credit, as the case may be. The center shall prove to the court that all refunds have been made and that there are no outstanding suits on the bond, the certificate of deposit, or the letter of credit. The center shall serve a copy of the petition on the state treasurer and attorney general.
K.(1) All monies paid by a customer to a center prior to the opening of the outlet shall promptly be deposited by the center in a trust account, to be maintained by the center for the purpose of holding such monies for the customer. Such monies shall be deposited with a bank, savings and loan association, mutual savings bank, or licensed escrow agent located in Louisiana.
(2) The center shall, within seven days of the first deposit, notify the attorney general's office of consumer protection in writing of the name, address, and location of the depository and any subsequent change thereof.
(3) The center shall provide the customer with a written receipt for the monies and shall provide written notice of the name, address, and location of the depository and any subsequent change thereof.
(4) If prior to the opening of the outlet, ownership of the center is transferred to another, any sums in the trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the entity to which the center was transferred. Such entity shall promptly notify the customer and the attorney general's office of consumer protection of the transfer and of the name, address, and location of the depository at which such equivalent account is held.
(5) A customer's claim to any monies under this Section shall be prior to that of any creditor of the center, including a trustee in bankruptcy or a receiver, even if such monies are commingled.
(6) After a center receives a notice of cancellation of a contract or if a center fails to open a facility at the date stated in the contract, the center shall within ten days give a full refund to the customer of any monies held in escrow for the customer pursuant to this Section. Such refund shall include the customer's pro rata share of any interest earned on such monies.
(7) Any monies received from customers by a center in excess of its normal monthly dues shall be placed in escrow subject to the provisions of this Section in the event that the physical fitness services are not fully operational or in the event that the physical fitness service is promising future construction or improvements.
Added by Acts 1982, No. 808, §1. Acts 1983, No. 607, §1; Acts 1986, No. 650, §1; Acts 1993, No. 704, §1.
This Chapter shall be known and may be cited as the "Louisiana Fuel Protection Act of 1979".
Added by Acts 1979, No. 605, §1.
The legislature finds and declares that:
(1) The industrial base of the state of Louisiana, upon which the economy of the state is heavily dependent, is highly energy intensive.
(2) The primary industrial and powerplant energy sources in the state of Louisiana are natural gas and petroleum.
(3) The Congress of the United States has enacted Public Law 95-620, the "Powerplant and Industrial Fuel Use Act of 1978",1 which, among others, has as its purpose the discouragement, prohibition, or minimization of the use of natural gas and petroleum as a primary energy source and the encouragement of the greater use of coal and other alternate fuels in lieu of natural gas and petroleum as a primary energy source, including the use of coal in existing and new electric powerplants and major fuel-burning installations.
(4) The unplanned and federally mandated use of coal and other alternate fuels in lieu of natural gas and petroleum in new industries and powerplants and the federally mandated conversion of the state's industrial and powerplant fuel requirements from natural gas and petroleum to coal or other alternate fuels could cause a major disruption of the state's industrial base, resulting in curtailment of vital public services and severe economic dislocations and hardships, including loss of jobs and closing of factories and businesses and would discourage expansion of existing facilities and deter new industries from locating in the state.
(5) The Powerplant and Industrial Fuel Use Act of 1978 permits the Secretary of Energy, in his discretion, to consider state law in exempting new and existing industries and powerplants from the requirement of using or converting to coal or other alternate fuel in lieu of natural gas or petroleum and in postponing the requirement for the use or conversion to coal or other alternate fuel.
(6) If industries and powerplants within the state are required by the Secretary of Energy to convert to coal or other alternate fuel in lieu of natural gas or petroleum, the state, acting through an appropriate state agency, may ameliorate the effects of the requirement to use or convert to coal or other alternate fuel, provided that such state agency has the jurisdiction and power to work in conjunction with the Secretary of Energy in the administration of federal laws and regulations and provided that such state agency has the jurisdiction and power to implement any necessary or required state action. Such state agency will be able to assist industries and powerplants within the state in obtaining exemptions from the requirements of federal laws and regulations or in preparing to use and using or converting to the use of coal or other alternate fuel in lieu of natural gas and petroleum, with a minimum of disruption in the state's overall economy.
(7) It is within the police power of the state and in the public interest of the state to insure that measures will be taken to avoid, if possible, or ameliorate the effects of mandated use of coal or other alternate fuel and conversion of the state's industrial and powerplant fuel requirements from natural gas and petroleum to coal or other alternate fuels and, where use and conversion are mandated or undertaken, to insure that such use and conversion occur with a minimum of adverse economic effect on the state and that to the maximum extent possible measures be taken to insure that natural gas affected by this conversion be retained within the state of Louisiana.
(8) The public interest of the state in avoiding or ameliorating the effects of the conversion of the state's industrial and powerplant fuel requirements from natural gas and petroleum to coal or other alternate fuels can best be served by granting to the Department of Conservation and Energy primary state governmental responsibility for intervening on behalf of the state with the United States Department of Energy in the implementation and administration of the Powerplant and Industrial Fuel Use Act of 1978, and authorizing the department to implement measures within the state as may postpone untimely implementation of federal laws and regulations and further, where use of or conversion to coal or other alternate fuel is mandated, to take measures as may be required to ensure that mandated future use and conversion proceeds in an orderly fashion and with a minimum of adverse economic effect upon the state and to the maximum extent possible take measures to ensure that natural gas affected by this conversion be retained within the state of Louisiana.
Acts 1979, No. 605, §1; Acts 2023, No. 150, §21, eff. Jan. 10, 2024.
142 U.S.C.A. §8301 et seq.
As used in this Chapter, the following words and phrases have the meaning ascribed to them in this Section except where otherwise provided in this Chapter or unless a different meaning is plainly required by the context:
(1) "Coal" means anthracite and bituminous coal, lignite, and any fuel derivative thereof.
(2) "Conversion" shall mean the voluntary or mandated conversion of industrial and powerplant fuel requirements in the state from natural gas or petroleum to coal or other alternate fuels.
(3) "Department of Conservation and Energy" or "department" means the Department of Conservation and Energy of the state of Louisiana.
(4) "Department of Energy" means the Department of Energy of the United States.
(5) "Exemptions" as used in this Chapter shall mean those criteria established through rules and regulations of the Department of Conservation and Energy, in accordance with federal law and in coordination with the rules of applicable federal agencies to permit a powerplant or industry, when feasible or in the best interest of the state, to postpone or avoid untimely use of coal or other alternate fuel or conversion of its fuel base from natural gas or petroleum to coal or other alternate fuel.
(6) "Other alternate fuel" as used in this Chapter shall mean some fuel other than natural gas, coal, and with the exceptions stated in the Federal Powerplant and Industrial Fuel Use Act of 1978, oil.
(7) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character.
(8) "Powerplant" as used in this Chapter means a stationary electric generating unit consisting of a boiler, gas turbines, or combined cycle unit that produces electricity for sale or exchange or self-generated use.
(9) "Project costs" means all costs necessary for the planning, development, acquisition, construction, extension, or improvement of a revenue bond project, including site acquisition and preparation and installation of utilities, architectural, engineering, supervising, accounting, inspection, legal, and financing fees and costs, preparation of feasibility studies and reports, interest on revenue bonds and notes during construction and for a reasonable period thereafter, establishment of reserves to secure the bonds and notes, and all other expenditures incidental and necessary or convenient therefor.
(10) "Revenue bond project" or "Revenue Bond Projects" means any one or more of the facilities authorized to be financed by the issuance of revenue bonds pursuant to the provisions of this Chapter.
(11) "Revenue bonds" means any bonds or notes issued pursuant to this Chapter.
(12) "Revenues" include fees, proceeds, moneys, receipts, and income derived for the account of the Department of Conservation and Energy in connection with any revenue bond project or arising from the project.
(13) "Secretary of Energy" means the secretary of the United States Department of Energy.
(14) "Secretary of Natural Resources" or "secretary" means the secretary of the Department of Conservation and Energy of the state of Louisiana or such persons as the secretary may authorize to act for him as provided in R.S. 51:1603.
(15) "State plan" means a program or plan of the state of Louisiana planned, prepared, established, and administered by the Department of Conservation and Energy to implement the intent and purposes of this Chapter.
(16) "Support facility" means any facility providing an intermediate coal or alternate fuel service essential or useful to the use of or conversion to such fuels by powerplants and industries, the availability of which will facilitate economical and orderly use of or conversion to coal or alternate fuel and inure to the benefit of Louisiana citizens using the products produced by the powerplants and industries which utilize the support facility, and which the secretary has determined is required by the public interest of the state to be either licensed by the state under this Chapter, or if no person is interested in obtaining a license and constructing and operating such support facility, is owned and operated by the department as elsewhere provided in this Chapter. Support facilities shall include, without exclusion, facilities for loading and unloading, cleaning, blending, or storing coal or alternate fuel.
Acts 1979, No. 605, §1; Acts 1983, No. 705, §5, eff. Sept. 1, 1983; Acts 2023, No. 150, §21, eff. Jan. 10, 2024.
The Department of Conservation and Energy, acting through the secretary, shall administer this Chapter. The secretary may authorize officers or employees of the department to administer the provisions of this Chapter, subject to the overall direction and supervision of the secretary. The secretary shall have the following duties and powers and is authorized, empowered, and, as applicable, required to:
(1) Utilize the services of the other executive departments of the state upon mutually agreeable terms and conditions.
(2) Receive, by appropriation, gift, grant, donation, or otherwise, any sum of money, aid, or assistance from any person or the United States, its agencies, the state of Louisiana, or any political subdivision thereof for the implementation and enforcement of this Chapter.
(3) Represent personally, or through department personnel or personnel under contract, the state in all matters involving or affecting the interest of the state and its citizens pursuant to this Chapter before any state or federal courts and agencies, offices, officials, legislative or congressional committees, and in all judicial or administrative actions arising out of the proceedings of such agencies, offices, and committees or in relation thereto.
(4) Take such actions, promulgate and amend such rules and regulations, determine those facilities qualifying as support facilities under this Chapter, and issue such orders, licenses, and permits as necessary or appropriate to carry out the general intent and purposes of this Chapter.
(5) Issue, cause to be issued, or take such measures as may be required for the issuance of bonds as authorized in this Chapter.
(6) Plan, finance, construct, operate, acquire, or lease, as lessor or lessee, or develop support facilities, and otherwise facilitate the construction, development, and operation by licensees under this Chapter of such support facilities as are deemed necessary by the secretary to carry out the intent of this Chapter and protect the public interest. Any action that would provide for the ownership or operation of support facilities by the department must be approved by the secretary, rather than any designee of the secretary, and by a joint meeting of the House and Senate natural resources committees.
(7)(a) If deemed in the public interest of the state and, where necessary, in conjunction with the Department of Energy in the implementation and administration of the Powerplant and Industrial Fuel Use Act of 1978, establish and implement a state plan that will assure maximum exemptions from the use of or conversion to coal or other alternate fuel by industries and powerplants in the state; postpone to the extent practicable such use or conversion; and, where such use or conversion is mandated or voluntarily undertaken, facilitate such use or conversion; and implement such measures as are practicable to insure that, to the maximum extent possible, natural gas affected by such conversion is retained within the state.
(b) Such state plan shall include the study and review of conditions presently existing in the state with regard to electrical powerplants and industries to determine the economic and environmental impact of the use of or conversion to coal or other alternate fuel in lieu of natural gas and petroleum.
(c) In establishing and implementing the state plan, the secretary may make rules and regulations; construct and operate support facilities, whether through the department or by contract with licensees under this Chapter or other third parties; issue licenses to persons to construct, operate, and own support facilities; coordinate the state plan with the federal government and its jurisdictional agencies; grant exemptions to conversion requirements under conditions stated in rules and regulations promulgated by the Department of Conservation and Energy in accordance with the Powerplant and Industrial Fuel Use Act of 1978 and other applicable federal law and regulation; issue bonds; and do other things as are necessary to establish the state plan within the intent and purposes of this Chapter.
Acts 1983, No. 705, §5, eff. Sept. 1, 1983; Acts 2023, No. 150, §21, eff. Jan. 10, 2024.
The secretary of natural resources, to the maximum extent practicable, shall:
A. Conduct a study and review of conditions presently existing within the state with regard to powerplants and industries to determine the impact of the mandated use of or conversion to coal or other alternate fuels in lieu of natural gas and petroleum.
B. If deemed in the public interest of the state, work in conjunction with the Department of Energy in the implementation of the Powerplant and Industrial Fuel Use Act of 1978,1 including the adoption of regulations thereunder.
C. Take such actions as may from time to time assist in the prevention or postponement of the use of or conversion to coal or other alternate fuel through exemption procedures or other applications of available state or federal laws and regulations.
D. Take such actions as may from time to time assist industries and powerplants within the state in their use of or conversion to coal or other alternate fuels in lieu of natural gas and petroleum when such use or conversion is mandated or voluntarily undertaken by industries and powerplants.
E. Take such actions in conjunction with the assistant secretary of conservation that will insure that, to the maximum extent possible, natural gas affected by such conversion will be retained in the state.
F. Repealed by Acts 1983, No. 705, §7, eff. Sept. 1, 1983.
G. Determine the type of facility which shall qualify as a support facility as defined in this Chapter and adopt rules and regulations pursuant to the Louisiana Administrative Procedure Act providing for the licensing of such support facilities. The regulations providing for the issuance of a license authorizing the construction and operation of support facilities shall establish qualifications for an applicant for a license. Any license issued pursuant to this Section shall contain and be subject to such terms and conditions as the secretary deems necessary to comply with the purposes and intent of this Chapter, which terms and conditions may include the requirement that the licensee participate in a state plan as otherwise authorized herein and established by the secretary.
H. No person shall construct or operate or cause to be constructed or operated within the state any support facility without first obtaining a license issued by the secretary pursuant to this Chapter and the regulations promulgated hereunder; provided, however, that the license provisions of this Chapter shall not apply to support facilities constructed and operated by a powerplant or industry for its own use, provided that no less than sixty days prior to constructing such facility, the powerplant or industry shall notify the secretary in writing of the type and location of the support facility planned. The secretary shall thereafter take into consideration the effect of such facility in determining the necessity for licensing additional facilities of that type in the region affected.
I. To the extent determined necessary to assist in the use of or conversion to coal or other alternate fuel in the state, construct and operate, or cause to be constructed or operated, support facilities, whether through the department or others; provided, however, that any action which would provide for the ownership or operation of support facilities by the department must be approved by a joint meeting of the House and Senate natural resources committees. The secretary shall be authorized to contract, by lease or otherwise, with licensees under this Chapter or other third parties, for the development, acquisition, construction, operation, and financing of such support facilities. Provided further that nothing in this Chapter shall permit the secretary to acquire, develop, construct, lease, or finance any nuclear facility.
Added by Acts 1979, No. 605, §1. Acts 1983, No. 705, §7, eff. Sept. 1, 1983.
142 U.S.C.A. §8301 et seq.
A. The secretary is hereby authorized to incur debt and issue bonds to accomplish the purposes of this Chapter in the manner herein provided.
B. Without reference to any other provisions of the laws of Louisiana and of the Louisiana Constitution to carry out the purposes of this Chapter and promote continued industrial development in the state, the secretary is authorized, acting through the State Bond Commission in accordance with R.S. 39:1403, to issue revenue bonds and notes, herein collectively called revenue bonds, as hereinafter provided, to finance or assist in the financing of the development, acquisition, or construction, extension, or improvement of support facilities operated or licensed to be operated under this Chapter. The revenue bonds shall be authorized, secured, and have the details and characteristics set out hereunder.
(1) Authorization of revenue bonds. The secretary of natural resources acting through the State Bond Commission, is hereby authorized in accordance with R.S. 39:1403 to issue negotiable revenue bonds in one or more series in such principal amount as shall be necessary to provide sufficient moneys for payment of project costs of one or more revenue bond projects. The secretary of natural resources shall have power, from time to time and subject to agreements with the holders of revenue bonds and with the approval of the State Bond Commission, to issue renewal notes; to issue revenue bonds to pay notes; and, whenever the secretary of natural resources deems it expedient, to refund any revenue bonds by the issuance of new revenue bonds, whether the revenue bonds to be refunded have or have not matured; and to issue revenue bonds partly to refund revenue bonds then outstanding and partly for any other purpose under this Chapter. Refunding revenue bonds may be exchanged for outstanding revenue bonds or sold and the proceeds applied to or deposited in escrow for the purchase, redemption, or payment of revenue bonds and interest and premiums thereon and for any other purpose specified in the resolution or trust agreement authorizing or securing such bonds.
(2) Bond resolution; trust agreement; publication; peremption. The secretary of natural resources shall authorize revenue bonds by one or more resolutions executed by the secretary and approved by the State Bond Commission. Any revenue bonds issued pursuant to R.S. 51:1605(B) may be secured by a trust agreement by and between the secretary and one or more corporate trustees or fiscal agents, which may be any trust company or bank having the powers of a trust company within or without this state. Any resolution authorizing the issuance of revenue bonds shall be published one time in the official journal of the state; however, it shall not be necessary to publish any exhibits to such resolution if the same are available for public inspection and such fact is stated in the publication. For thirty days after the date of publication, any person in interest may contest the legality of the resolution, any provision of the revenue bonds to be issued pursuant to it, the provisions therein made for the security and payment of the revenue bonds, and the validity of all other provisions and proceedings relating to the authorization and issuance of such bonds. After that time, no person may contest the regularity, formality, legality, or effectiveness of the resolution, any provisions of the revenue bonds to be issued pursuant to it, the provisions for the security and payment of the revenue bonds, and the validity of all other provisions and proceedings relating to their authorization and issuance, for any cause whatever. Thereafter, it shall be conclusively presumed that the revenue bonds are legal and that every legal requirement for the issuance of the revenue bonds has been complied with. No court shall have authority to inquire into any of these matters after the thirty days.
(3) Bond instrument; contents. The resolution or trust agreement shall authorize the development, acquisition, construction, extension, improvement, maintenance, or operation of the revenue bond project or projects to be financed and, in addition, may contain provisions which shall be a part of the contract with the holders of such issue of revenue bonds, as to:
(i) Pledging all or any part of revenues received or to be received and leases or agreements to secure the payment of such issue of revenue bonds.
(ii) Rates, fees, rentals, or other charges to be established, maintained, and collected, and the use and disposition of revenues, gifts, and funds received or to be received.
(iii) The setting aside of reserves or retirement funds and the regulation and disposition thereof.
(iv) The custody, collection, securing, investment, and payment of any moneys held in trust or otherwise for the payment of revenue bonds or in any way to secure the payment of revenue bonds, including the establishment and maintenance of construction, revenue, reserve, or other funds as trust funds.
(v) Limitations or restrictions on the purposes to which the proceeds of sale of any revenue bonds then or thereafter to be issued may be applied.
(vi) Limitations or restrictions on the issuance of additional revenue bonds; the terms upon which additional revenue bonds may be issued and secured, or the refunding of outstanding or other revenue bonds.
(vii) Vesting in one or more trustees or fiscal agents such property, rights, powers, and duties in trust as the authority may determine.
(viii) The acquisition and disposition of property for revenue bond projects.
(ix) The rights and remedies available to the bondholders in the event of default.
(x) Provisions for insurance and for accounting reports and the inspection and audit thereof.
(xi) The replacement of mutilated, destroyed, stolen, or lost revenue bonds; and
(xii) Any other matters of like or different character which in any way affect the security or protection of the revenue bonds.
(4) Lien and certain details of revenue bonds. (a) All revenue bonds issued shall be equally and ratably secured by a prior and paramount pledge, charge, or lien upon the revenues pledged as security therefor, as provided in the resolution or trust agreement, without priority by reason of number or of dates of bonds, execution, or delivery, except that the secretary of natural resources may provide in the resolution or trust agreement that revenue bonds issued pursuant thereto shall, to the extent and in the manner prescribed in such resolution or trust agreement, be subordinate and junior in standing, with respect to the payment of principal and interest and the security thereof, to any other revenue bonds.
(b) Any pledge made by the secretary of natural resources pursuant to this Section shall be valid and binding from the time that the pledge is made. The revenues, securities, and other moneys so pledged and then held or thereafter received by the secretary of natural resources or any fiduciary shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Department of Conservation and Energy whether or not such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the official minutes of the State Bond Commission. The revenue bonds shall be of such series, bear such date or dates, be serial or term bonds, mature at such time or times, bear interest at such rate or rates, be payable on such date or dates, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration and exchangeability privilege, be payable in such medium of payment and at such place or places, be subject to such terms of redemption, and be entitled to such priorities as the resolution or trust agreement authorizing or securing such bonds may provide.
(5) Sale of revenue bonds. The revenue bonds shall be sold for and on behalf of the secretary of natural resources by the State Bond Commission in such manner and at such prices, at public or private sale, as the State Bond Commission may determine. If the State Bond Commission determines to sell the bonds at public sale, notice of such sale upon sealed proposals shall be published at least once not less than seven days prior to the date of such sale in a publication carrying municipal bond notices and devoted primarily to financial news or to the subject of state and municipal bonds, published in the city of New York, New York, and in a newspaper of general circulation published in either the city of New Orleans or the city of Baton Rouge, Louisiana.
(6) Execution of revenue bonds. The revenue bonds and coupons attached thereto shall be executed in the name of the secretary by his manual or facsimile signature. If the secretary whose manual or facsimile signature appears on any revenue bond or coupon ceases to be secretary before the delivery of such bonds, such signature nevertheless shall be valid and sufficient for all purposes as if he had remained in office until such delivery. The resolution or trust agreement may provide for authentication of the bonds by a trustee or fiscal agent thereunder.
(7) Temporary revenue bonds. Pending the preparation of definitive revenue bonds, the secretary of natural resources may issue interim receipts or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds when such bonds have been executed and are available for delivery.
(8) Nonliability of officers. Neither the secretary of natural resources nor any officer or member of the State Bond Commission or any person executing such revenue bonds shall be liable personally on such bonds.
(9) Negotiability of revenue bonds. All revenue bonds and interest coupons appertaining thereto issued pursuant to this Subsection shall be and are hereby made negotiable instruments within the meaning of and for all the purposes of the law of Louisiana, subject only to the provisions of the revenue bonds for registration.
(10) Tax exemption and eligibility for investment. All revenue bonds and the income therefrom shall be exempt from all taxation by this state or any political subdivision thereof, except estate or gift taxes and taxes on transfers. The revenue bonds shall be legal and authorized investments for banks, savings banks, insurance companies, homestead and building and loan associations, trustees, and other fiduciaries and may be used for deposit with any officer, board, municipality, or other political subdivision of the state of Louisiana, in any case where, by present or future laws, deposit or security is required.
(11) Remedies of bondholders. The holders of any revenue bonds issued hereunder shall have such rights and remedies as may be provided in the resolution or trust agreement authorizing the issuance of the revenue bonds, including, but not by way of limitation, acceleration of payment, appointment of a trustee for bondholders, appointment of a receiver for the revenue bond project financed with the proceeds of the revenue bonds or the revenues from such project, and any other available civil action to compel compliance with the terms and provisions of the revenue bonds and the resolution or trust agreement.
(12) Limited liability of the state. The revenue bonds shall be limited obligations of the state. The principal of and interest on the revenue bonds shall not be payable by the secretary personally or from funds of the Department of Conservation and Energy nor shall they constitute a pledge, charge, lien, or encumbrance upon any revenues except the revenues, agreements, and funds pledged under the resolution or trust agreement authorizing the bonds. Neither the credit nor the taxing power of the state shall be pledged for the payment of the principal or interest, and no holder of revenue bonds shall have the right to compel the exercise of the taxing power by the state or the forfeiture of its property in connection with any default thereon. Every revenue bond shall recite in substance that the principal of and interest on the bond is payable solely from the revenues pledged to its payment and that the Department of Conservation and Energy is not obligated to pay the principal or interest except from the revenues. The face of each interest coupon shall bear a statement to the effect that the coupon is payable solely from certain revenues as set forth in the bond to which the coupon pertains. The revenue bonds issued under the provisions of this Section shall not constitute a debt of this state or of the Department of Conservation and Energy, and the state shall not be liable thereon.
(13) Proceeds and revenues to be deposited in separate funds. Subject to agreements with the holders of revenue bonds, all proceeds of revenue bonds and all revenue pledged under a resolution or trust agreement authorizing or securing the bonds shall be set aside as received and shall be deposited and held in trust by a trustee appointed by the secretary in a fund or funds separate and apart from all other funds of the Department of Conservation and Energy. Subject to the resolution or trust agreement, the trustee shall hold the same for the benefit of the holders of the bonds for the application and disposition thereof solely to the respective uses and purposes provided in the resolution or trust agreement.
(14) Agreement required prior to delivery of revenue bonds. Prior to the delivery of revenue bonds under this Section, the secretary may enter into an agreement or agreements with one or more licensees to lease, sublease, operate, construct, or otherwise utilize the support facilities which constitute the revenue project or enter into a loan or other financing agreement with one or more licensees providing that the licensee will construct, operate, and maintain the revenue bond project or projects. Any agreement shall set forth the rights, duties, and obligations of the parties thereto; provide for the completion of the revenue bond project or projects from bond proceeds or other sources; provide that neither the state nor the Department of Conservation and Energy shall have any liability or responsibility whatsoever for any loss or damage arising out of the acquisition, construction, operation, and maintenance of the project or projects; and also shall provide for the payment to the Department of Conservation and Energy of rentals, installment payments, or other moneys as will be sufficient to pay the principal of and interest on the revenue bonds issued to finance the revenue bond project or projects and build up and maintain any reserves deemed advisable in connection therewith. This agreement shall be made upon other terms and conditions and for a time as may be determined by the secretary and may contain provisions authorizing the sale, resale, lease, sublease, operation, usage, or purchase of the entire revenue bond project, or any portion thereof, for the consideration and upon terms and conditions as the secretary may determine.
(15) Construction of Section. The powers and rights conferred by this Section shall be in addition and supplemental to the powers and rights conferred by any other general or special law. This Section does and shall be construed to provide a complete method for doing the things authorized thereby. Neither the making of contracts nor the issuance of revenue bonds or refunding revenue bonds or other obligations pursuant to the provisions of this Section need comply with the requirements of any other state law applicable to the making of contracts and the issuance of the revenue bonds or other obligations for the financing of any revenue bond project or projects undertaken pursuant to this Section, except herein provided. The secretary acting through the State Bond Commission and in accordance with R.S. 39:1403 is vested with and is hereby granted the right, power, and authority to do, perform, and exercise for the behalf of the Department of Conservation and Energy all acts and things required to be done and performed in connection with the authorization and issuance of revenue bonds under this Section. No proceedings, notice, or approval shall be required for the issuance of any revenue bonds or any instrument as security therefor, except as provided in this Section. The provisions of this Section shall be liberally construed for the accomplishment of its purposes.
(16) Prohibition against pledge of full faith and credit of state. The state of Louisiana shall not expressly or impliedly or in any other manner pledge its full faith and credit to the payment of any obligations under the terms of any lease or other instrument of any nature entered into by it under this Section.
Acts 1979, No. 605, §1; Acts 1983, No. 705, §5, eff. Sept. 1, 1983; Acts 2023, No. 150, §21, eff. Jan. 10, 2024.
In addition to all of the other rights, powers, and authorities granted to the secretary hereunder, if the secretary has reasonable cause to believe that there exists a violation of this Chapter or of the rules and regulations issued pursuant to this Chapter, the secretary may petition a court of proper jurisdiction in the parish of East Baton Rouge for mandatory injunctive relief to insure compliance with this Chapter.
Added by Acts 1979, No. 605, §1.
A. Notwithstanding any other provision of law to the contrary, following a disaster or emergency declared in accordance with the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721 et seq., and upon written authorization from the secretary of the Department of Transportation and Development, the diversion, sale, transport, delivery, or acceptance of gasoline, diesel fuel, liquified petroleum gas, motor fuel, special fuel, gasohol, liquified natural gas, and other types of fuel, across jurisdictional boundaries within this state shall not be restricted or prohibited when needed for disaster recovery, including but not limited to supplying fuel to generators, motor vehicles, homes, and other resources to provide electricity, heat, light, meals, and other necessities to persons in affected areas.
B. This provision shall not be construed as waiving any mandatory federal law, nor as creating any exception thereto, to the extent that any such law may be applicable to the transport of commodities described in this Section.
Acts 2022, No. 73, §1; Acts 2022, No. 546, §1, eff. June 17, 2022.
A "rental referral agency" is a person or business which advertises, offers, or attempts to offer for a prepaid fee, listings of residential rental property.
Added by Acts 1979, No. 407, §1.
A. No rental referral agency shall charge or attempt to collect any fees or other things of value from persons given access to rental listings, except where rental housing is in fact obtained by such persons from the listings of or through the assistance of that agency. Such housing is deemed obtained when the prospective tenant has accepted the owner's offer to rent the property.
B. Deposits to be applied toward fees may be required by a rental referral agency in conjunction with a written contract stating:
(1) Specifications of housing sought by the applicant, including maximum rent, geographic area, number of bedrooms required, and number of children to be housed;
(2) That the agency will use its best efforts to find such housing for the applicant;
(3) That the deposit will be refunded within ten days of the applicant's request should the specified housing not be obtained through the agency's listings or assistance within one month of the date of the contract.
Added by Acts 1979, No. 407, §1.
A. No rental referral agency or agency employee shall make any representation that any listing or group of listings is available for rent unless the listing or group of listings has been verified as available by the owner or his agent within forty-eight hours prior to the representation. The availability of property described in media advertisements shall be verified within forty-eight hours prior to the appearance of the advertising.
B. Notations of the time and date of verification and the verifier's identity shall be recorded by the agency and made available for the inspection of the attorney general or any person from whom the agency has received a deposit or fee.
C. Failure to verify, document verification, or provide materials for inspection as required by this Section shall constitute an unfair trade practice under R.S. 51:1405(A).
Added by Acts 1979, No. 407, §1. Amended by Acts 1988, No. 625, §6.
A. No rental referral agency shall require a deposit without first posting and maintaining a surety bond to guarantee the return of said deposits to persons who do not obtain housing through the listings or services of the agency. The bond shall be in the amount of five thousand dollars, and shall be posted with the secretary of state.
Said bond shall be issued by a surety authorized to do business in this state.
B. The term of the bond shall be continuous, but it shall be subject to termination by the surety upon giving sixty days written notice to the principal and to the assistant secretary. The bond shall continue in effect during the sixty day period.
C. A copy of said bond shall be conspicuously posted on the premises of the agency near the location where deposits are received.
D. It shall be unlawful for any rental referral agency owner or employee to post an expired bond or a bond which does not meet the requirements of Section 1703.
E. It shall be unlawful for any rental referral agency owner or employee to collect or attempt to collect any deposit toward a fee where a valid bond as required by Subsections A and B is not posted as required by Subsection C.
F. Any person who is found guilty of any act prohibited by Subsections D and E of this Section shall be guilty of a misdemeanor and shall be fined five hundred dollars or imprisoned for one to six months, or both.
Added by Acts 1979, No. 407, §1.
It shall be an unfair and deceptive trade practice for any person or entity to advertise, represent, or imply that another can gain income while engaged in work at home, unless the person or entity making the advertisement or representation disclosed in writing, before accepting any payment or obligation to pay:
(1) An exact description of the work to be performed.
(2) The amount of any wage, salary, set fee, or commission to be paid for the performance of the represented tasks, or the lack thereof.
(3) The amount of any payment, deposit, or donation for memberships, kits, programs, materials, information, or other items or services which may be solicited from respondents to the advertisement or representation.
Added by Acts 1980, No. 830, §1; Acts 1997, No. 977, §1.
A.(1) Unless written disclosure is made as provided in Subsection B of this Section, it shall be unlawful for any person, firm, or corporation to offer in writing a prize or gift to a consumer as part of any advertising or sales promotion plan, if, in order to claim the prize or gift, the consumer is given, invited, required, or requested to submit to a sales presentation or promotional program.
(2) Unless verbal disclosure is made as provided in Subsection B of this Section, it shall be unlawful for any person, firm, or corporation to offer verbally a prize or gift to a consumer as part of any advertising or sales promotion plan, if, in order to claim the prize or gift, the consumer is given, invited, required, or requested to submit to a sales presentation or promotional program.
B. Such disclosure must be provided to the consumer at the time he is notified of the prize or gift. The disclosure must contain all of the following:
(1) A full description of the exact prize or gift tendered to the consumer, including its cash value.
(2) All terms and conditions attached to the prize or gift.
(3) A statement that the consumer is given, invited, required, or requested to submit to a sales presentation or promotional program.
(4) A full description of the product, real estate, investment, services, membership, or any other item to be offered for sale, including the price of the least expensive and the most expensive item or parcel.
C. Any prize, gift, or other item offered pursuant to a prize and gift promotional offer must be delivered to the prospective purchaser whether or not he or she purchases the product offered for sale. If the prize, gift, or other item is valued at two hundred dollars or less, or is a vacation certificate, it must be delivered on the day the recipient appears to claim it. If the prize, gift, or other item is valued in excess of two hundred dollars or if ordered supplies of the item have been exhausted, a gift voucher describing the item must be offered. Such vouchers shall state that the company giving the item will provide the described item within fourteen days following issuance of the voucher or will pay to the offeree the manufacturer's suggested price or, if there is no such price, the verifiable retail value.
D. If the prize or gift is a "free vacation", there can be no hidden promotional fees, voucher fees, processing fees, or other such fees, and all airline fares, hotel expenses, and other items must have previously been paid. If a "free vacation" is provided by a person, firm, or corporation located outside Louisiana, that person, firm, or corporation must comply with all applicable laws for conducting business in Louisiana. If any shipping, handling, processing, or other fees or charges are to be borne by the recipient, the gift cannot be advertised as free to the consumer.
E.(1) Any contract in excess of five hundred dollars resulting from a transaction in which a consumer is given, invited, required, or requested to submit to a sales presentation or promotional program as a condition of receiving a prize or gift shall afford the consumer a right to cancel at any time prior to midnight of the third business day following the day on which the contract is signed. Such contract shall contain the following disclosure in ten point, bold face type on the face of the contract:
"CONSUMER'S RIGHT TO CANCEL
You may cancel this contract at any time prior to midnight of the third business day following the day on which this contract is signed. Cancellation takes place when you mail, by certified mail, a notice of your cancellation to the following address."
(2) The notice of cancellation privilege shall not apply:
(a) If a cancellation privilege of more than three days is created in other statutes and notice is given as required by such statutes, or
(b) To contracts subject to 16 Code of Federal Regulations 429.
F. The provisions of this Section shall not apply when:
(1) Participants are only asked to complete and mail, or deposit at a local retail commercial establishment, an entry blank obtainable locally or by mail.
(2) Participants are not asked to, required to, requested to, or invited to submit to or listen to a sales presentation or promotional program.
Added by Acts 1983, No. 527, §1. Acts 1986, No. 797, §1; Acts 1987, No. 488, §1; Acts 1993, No. 333, §1.
{{NOTE: SECTION 2 OF ACTS 1983, NO. 527, §2, PROVIDES AS FOLLOWS: "THIS CHAPTER SHALL NOT APPLY TO TIMESHARE OR INTERVAL OWNERSHIP PLANS IF HOUSE BILL NO. 1169 OF THE 1983 REGULAR SESSION BECOMES LAW." H.B. NO. 1169 WAS ENACTED AS ACTS 1983, NO. 552.}}
A. Violation of any of the provisions of this Chapter shall constitute an unfair practice under R.S. 51:1405(A).
B. Whoever violates any provision of this Chapter shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both, for each such violation.
Acts 1983, No. 527, §1; Acts 1987, No. 488, §1; Acts 1990, No. 760, §1.
A.(1) No person shall, in connection with the sale or lease or the solicitation for the sale or lease of goods, property, or service, represent that another person has won anything of value or is the winner of a contest, unless each of the following conditions is met:
(a) The recipient of the prize, gift, or item of value shall be given the prize, gift, or item of value without obligation.
(b) The prize, gift, or item of value shall be delivered to the recipient, at no expense to him, within ten days of representation.
(c) The prize, gift, or item of value shall be delivered to the recipient within ten days of representation without assessing the recipient any shipping and handling charges.
(2) The use of language that may lead a reasonable person to believe he has won a contest or anything of value, including but not limited to "Congratulations", or "You have won", or "You are the winner of", shall be considered a representation of the type governed by this Section. The use of such language on an envelope, envelope window, flier, or insert card shall be prohibited on any solicitations or notifications in which the consumer is not previously established as the winner or recipient of the prize, gift, or item of value referred to unless any conditions are clearly and conspicuously disclosed. If the marketing material or direct mail package contains a notification of conditional status in a promotion or contest, no text in any of the enclosed material or on the envelope shall contain the words "Congratulations", "You have won", "You are the winner of", or any substantially similar words or phrases unless any conditions are clearly and conspicuously disclosed.
B.(1) No person shall represent that another person has been specially selected in connection with the sale or lease or solicitation for sale or lease of goods, property, or service, unless the selection process is designed to reach a particular type or types of persons.
(2) The use of any language that may lead a reasonable person to believe he has been specially selected, including but not limited to "carefully selected", or "You have been selected to receive", or "You have been chosen", shall be considered a representation of the type governed by this Section.
C. In connection with the sale or lease or solicitation for the sale or lease of goods, property, or service, no person shall issue any writing which simulates or resembles:
(1) A check unless the writing clearly and conspicuously discloses its true value and purpose, and the writing would not mislead a reasonable person; or
(2) An invoice unless the intended recipient of the invoice has actually contracted for goods, property, or services for which the issuer seeks proper payment.
Acts 1990, No. 760, §1; Acts 1995, No. 280, §1; Acts 1999, No. 511, §1.
Repealed by Acts 1999, No. 511, §2.
A.(1) No person or entity shall solicit an individual by mail to participate in a contest unless such solicitation contains either of the following:
(a) A statement of the odds that a participant making a single entry in such contest has of winning each item offered as a gift, prize, or thing of value.
(b) A statement that the odds depend upon the number of entries received.
(2) Such a statement shall be clearly and conspicuously printed on the face of the solicitation in bold type of at least twelve points or shall be contained in a section with contest rules.
B. Each violation of this Section shall constitute an unfair practice under R.S. 51:1405(A) and shall be punishable as provided in R.S. 51:1722(B).
Acts 1995, No. 1169, §1.
A. Except as otherwise provided in this Chapter, the winner of any sweepstakes promotion shall be revealed in only one of the following manners:
(1) Through posting on a printed list.
(2) Through the use of scratch-off tickets or cards.
(3) Through the use of pull-tab tickets or cards.
(4) By contacting the winner in writing or through telephone communication.
B. For the purposes of this Section, the following words and phrases shall have the following meanings:
(1) "Contest" means any activity that involves competition between one or more persons.
(2) "Game" means any activity undertaken or regarded as a contest, whether or not such contest involves an element or degree of chance.
(3) "Pull-tab ticket" or "pull-tab card" means any pre-designated ticket or card that has its face covered to conceal whether a person has won a prize.
(4) "Scratch-off ticket" or "scratch-off card" means any preprinted ticket or card that, after a latex or other covering is removed, indicates immediately whether a person has won a prize.
(5) "Sweepstakes promotion" means any game, contest, or other offering where entry into the game, contest, or other offering, whether allowed gratuitously or through a bargained-for exchange, is offered in connection with the promoting or advertising of any one of the following:
(a) A business or an extension thereof.
(b) A product.
(c) An investment opportunity.
(d) A charitable contribution.
(e) A service.
C. The Department of Justice, office of attorney general, shall regulate sweepstakes promotions provided for in this Section and the electronic display of sweepstakes winners as provided for in R.S. 51:1727.
D. The provisions of this Section shall not apply to entities holding sweepstakes or contests to which only the entities' employees may enter.
E. The provisions of this Section shall not apply to persons or entities licensed or permitted pursuant to the provisions of Titles 4 and 27 of the Louisiana Revised Statutes of 1950.
F. The provisions of this Section shall not apply to any sweepstake, contest, or similar activity authorized and regulated by Title 26 of the Louisiana Revised Statutes of 1950.
Acts 2012, No. 653, §1.
A. Except as otherwise provided in this Chapter, a computer or computer system that is used as part of a sweepstakes promotion shall be used only to allow a person to enter their name and contact information for the purpose of entering into the sweepstakes promotion and to display the following information:
(1) Rules that govern the sweepstakes promotion.
(2) Identity and contact information of the persons providing, conducting, and offering the sweepstakes promotion.
(3) Any prize that may be won during the sweepstakes promotion and the monetary value of such prize.
(4) Odds of winning a prize in the sweepstakes promotion.
(5) Laws that govern the operation of sweepstakes promotions.
(6) Any jurisdiction that does not allow the sweepstakes promotion.
(7) The name or names of the sweepstakes promotion winner, after such winner has been revealed in accordance with the provisions of R.S. 51:1726.
(8) The prize that was won by the winner and the monetary value of such prize.
B. At no time shall a person be required to or offered an opportunity to enter into any monetary transaction through a computer, computer system, or any other electronic system, for the purposes of entering into or winning a sweepstakes promotion.
C. At no time shall the revealing of a sweepstakes promotion winner, the revealing of a sweepstakes prize, or the revealing of a sweepstakes prize value be linked to or associated with the play or simulation of play of an electronic game or similar contest on a computer, computer system, or any other electronic system.
D. For the purposes of this Section, the following words and phrases shall have the following meanings:
(1) "Computer" means any electronic, magnetic, optical, or other high-speed data processing device or system performing logical, arithmetic, and storage functions, and includes any property, data storage facility, or communications facility directly related to or operating in conjunction with such device or system. "Computer" shall not include an automated typewriter or typesetter, a machine designed solely for word processing, portable hand-held calculator, nor any other device which may contain components similar to those in computers but in which the components have the sole function of controlling the device for the single purpose for which the device is intended.
(2) "Computer system" means any set of functionally related, connected or unconnected, computer equipment, devices, or computer software.
(3) "Electronic game" means a form of interactive multimedia used primarily for entertainment, which includes but is not limited to any interactive multimedia that consists of movable images displayed on a computer screen that may be controlled, manipulated, or set into motion by some action or activity of the person playing the game.
(4) "Monetary transaction" means a transaction where a person provides cash or credit to another person in exchange for something of value or the opportunity to receive something of value.
(5) "Multimedia" means any application or process that can combine text, graphics, video, or sound into an integrated package.
E. The provisions of this Section shall not apply to entities holding sweepstakes or contests to which only the entities' employees may enter.
F. The provisions of this Section shall not apply to persons or entities licensed or permitted pursuant to the provisions of Titles 4 and 27 of the Louisiana Revised Statutes of 1950.
G. The provisions of this Section shall not apply to any sweepstake, contest, or similar activity authorized and regulated by Title 26 of the Louisiana Revised Statutes of 1950.
Acts 2012, No. 653, §1.
As used in this Chapter, the following terms and phrases shall have the meanings hereinafter ascribed to them:
(1) "Advertisement" means any promotion of 900, 976, or any other pay-per-call service by means of any radio, television, video or print media, telemarketing, or any other communication promoting a 900 or 976 number, service, or program to consumers.
(2) "Carrier" means any company that provides telecommunications transmission services.
(3) "Consumer" means a telephone user or end-user who calls or may call a 900, 976, or any other pay-per-call service.
(4) "Department" means the Department of Justice.
(5) "Pay-per-call service" means any passive, interactive, polling, or other similar audiotext service that is accessed through a seven or ten digit telephone number that is provided for a charge to a caller through an exclusive telephone number prefix or service access code.
(6) "Sponsor" means an individual, corporation, association, partnership, or other entity that sells a pay-per-call service on whose behalf charges are billed, but shall not include a public utility regulated by the state or the Federal Communications Commission or an interexchange carrier which provides transport or billing, or both, and collection services for a pay-per-call service, unless the public utility or interexchange carrier actually produces or promotes the pay-per-call service.
(7) "Subscriber" means any person or entity in whose name a telephone account is billed.
Acts 1991, No. 808, §1; Acts 1992, No. 176, §1.
A. Each sponsor shall include in any advertisement the following price disclosures:
(1) Advertisements for 900, 976, or any other pay-per-call service which are broadcast on radio or television or which appear in theatrical-release movies or home videos shall include a voice-over announcement which is clearly audible and articulated, of a volume equal to that used to announce the telephone number and in plain English. The price of the call shall be stated in the advertisement immediately prior to, or after, the presentation of the 900, 976, or any other pay-per-call service each time it is given in the advertisement.
(2) Advertisements for 900, 976, or any other pay-per-call service which are broadcast on television or which appear in theatrical-release movies or home videos shall include, in clearly visible letters and numbers set against a contrasting background, the cost of calling the advertised number. This visual disclosure of the cost of the call shall be displayed adjacent to the number to be called whenever the number is shown in the advertisement, and the lettering of the visual disclosure of the cost shall be clear, conspicuous, and legible and at least one-half the size of the largest telephone number disclosure.
(3) Advertisements for 900, 976, or any other pay-per-call service which appear in print shall include, in clearly visible letters and numbers set against a contrasting background, the cost of calling the advertised number. This printed disclosure of the cost of the call shall be displayed adjacent to the number to be called whenever the number is shown in the advertisement, and the lettering of the cost disclosure shall be clear, conspicuous, and legible and at least one-half the size of the largest telephone number disclosure.
(4) The price or cost of the 900, 976, or any other pay-per-call service which must be disclosed in advertisements, as provided in Paragraphs (1), (2), and (3) of this Subsection, shall be the total cost of placing the call. A statement of a price per minute shall not be deemed sufficient disclosure, except:
(a) If the call is interactive and the subscriber may affect the length of call, and, if the flat rate or the total number of minutes of a call cannot be predetermined, the advertisement shall include, along with a price per minute disclosure, a projection of the average total price of the call.
(b) If a projection of the average length or total price of the call cannot reasonably be made, the advertisement shall disclose, along with a price per minute disclosure, the total length of any prerecorded message or messages contained in the call, and the total price these prerecorded messages will incur.
(5) Any advertising shall include a complete and accurate description of the services or information that the subscriber will receive upon calling the advertised number.
(6) Any advertisement for an 800, 900, or 976 number which requires the subscriber to call a subsequent 900 or 976 number in order to receive the goods or service advertised shall comply with the provisions of this Section.
(7) Any advertisement for a 900, 976, or any other pay-per-call service shall include the sponsor's corporate name, if any; the name under which the sponsor does business, if different from the corporate name; and the address and telephone number of the office of the sponsor.
(8) No sponsor shall represent in any advertisement for calls to 900, 976, or any other pay-per-call service that the information or service provided by the number is free.
B. If an advertisement soliciting telephone calls to a 900 or 976 or any other pay-per-call service does not include a prominent display or announcement of the specific charge for such service, thereby encouraging a consumer to initiate a telephone call to such service without knowledge of such specific charges, and the consumer is subsequently billed, the collection of the specific charge for such service shall not be enforced in a court in this state.
Acts 1991, No. 808, §1; Acts 1992, No. 176, §1.
Any sponsor which solicits calls for a prize, contest, sweepstakes, reward, give-away, credit card, loan, or job information shall also provide the following information to the attorney general. All other sponsors shall provide the following upon request of the attorney general or his representative or any district attorney's office:
(1) For television, video, or any on-screen advertisements, a copy of the story board and videotape recording.
(2) For radio advertisement, a copy of the script and audio cassette recording.
(3) For print, a copy of the advertisement as produced for publication.
(4) For telephone-initiated solicitations, a copy of any script to be used by the salesperson making the call.
(5) For direct mail solicitation, a copy of the entire mailing.
(6) A copy of the sponsor's audiotext, prerecorded, or live operator scripts or other 900, 976, or any other pay-per-call service program messages, and a written transcript of the messages.
(7) A copy of the entire package of information, if any, as part of the goods or services to be provided to subscribers.
Acts 1991, No. 808, §1; Acts 1992, No. 176, §1.
No sponsor shall:
(1) Use advertisements or provide any pay-per-call services which are false, misleading, or deceptive in any manner or violate the provisions of this Chapter or any federal law or regulation.
(2) Solicit calls which are interactive that contain unnecessary repetition of information or employ gimmicks or any other means to prolong the length of a call.
(3) Provide untimely or out-of-date information.
(4) Fail to immediately disconnect any call when a subscriber hangs up.
(5) Cause a subscriber to be misled, deceived, or confused by the advertising for a 900, 976, or any other pay-per-call service or pay-per-call service itself.
(6) Provide any 900, 976, or any other telecommunication service which is incomplete, garbled, or of such quality as to render it inaudible or unintelligible.
(7) Provide any 900, 976, or any other pay-per-call service which is of such speed as to cause the subscriber to be unable to understand the information given and which encourages a second call to the 900 or 976 number.
(8) Attempt to collect for any 900 or 976 call or any other call made to a pay-per-call service when the subscriber no longer wishes to make a charitable or political contribution which was pledged or solicited through the use of such a call service.
(9) Report any subscriber's failure to pay to any credit reporting agency or consumer reporting agency for a 900 or 976 telephone call, or any other call made to a pay-per-call service when such call was solicited in violation of this Chapter.
(10) Advertise on television, between the hours of 6:00 a.m. and midnight, the availability of messages or conversations which explicitly or implicitly offer or are intended to offer sexual stimulation or arousal.
Acts 1991, No. 808, §1; Acts 1992, No. 176, §1.
A. Any sponsor that violates any provision of this Chapter shall be assessed a civil penalty of five thousand dollars for the first violation and ten thousand dollars for a second or subsequent violation.
B. Any violation of this Chapter by a sponsor shall constitute an unfair practice under R.S. 51:1405(A).
Acts 1991, No. 808, §1; Acts 1992, No. 176, §1.
The provisions of this Chapter shall not apply to acts done by the owner, agent, or employee of a radio or television station when the owner, agent, or employee did not have actual knowledge of the false, misleading, or deceptive characters of the advertisement, did not prepare the advertisement, and did not have any direct financial interest in the sale or distribution of the advertised product or service.
Acts 1992, No. 176, §1.
The legislature of the state of Louisiana finds that the citizens of this state are potential targets of a telephone scam known as "caller ID spoofing" or "caller ID fraud," which allows a caller to hide his or her true identity by modifying caller ID information with the intent to mislead, defraud, deceive, cause harm, or wrongfully obtain anything of value. It is, therefore, the intent of this Chapter to protect Louisiana citizens from such scams which have led to financial loss, the loss of personal information, harassment, and potentially threatening telephone calls.
Acts 2009, No. 105, §1; Acts 2018, No. 652, §1.
This Chapter shall be known and may be cited as the "Caller ID Anti- Spoofing Act".
Acts 2009, No. 105, §1; Acts 2018, No. 652, §1.
For the purposes of this Chapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
(1) "Caller" means a person who places a call by a telephone or over a telephone line, even if the person begins the call on a computer through Voice over Internet Protocol (VoIP).
(2) "Caller identification system" means a listing of a caller's name, telephone number, name of a legitimate or fictitious business, or name and telephone number that is shown to a recipient of a call when the recipient answers.
(3) "False information" means data that misrepresents the identity of the caller to the recipient of a call using a telephone number that is currently assigned to another telephone user, whether an individual or a business, except that when a person making an authorized call on behalf of another person inserts the name, telephone number, or name and telephone number of the person on whose behalf the call is being made, such information shall not be deemed false information.
(4) "Insert" means to enter by voice communication, by written communication, or by otherwise entering into a computer.
Acts 2009, No. 105, §1.
A. It shall be unlawful for a caller to knowingly insert false information into a caller identification system with the intent to mislead, defraud, deceive, cause harm, or wrongfully obtain anything of value.
B. The provisions of this Chapter shall not apply to:
(1) Any blocking of caller identification information.
(2) Any municipal, parish, state, or federal law enforcement agency pursuant to an active criminal investigation.
(3) Any federal intelligence or security agency.
(4) Any private investigator licensed by the state of Louisiana or any duly authorized process server that is used in connection with a civil, criminal, administrative, or arbitral proceeding, including the service of process, investigation in anticipation of litigation, the execution or enforcement of judgments, or compliance with the orders of any court.
(5) Caller identification manipulation specifically authorized by court order.
Acts 2009, No. 105, §1; Acts 2018, No. 652, §1.
A. Whoever violates the provisions of this Chapter shall be subject to injunctive relief, treble damages, court costs, and reasonable attorney fees.
B. Any person or entity who is adversely affected by a violation of this Chapter may bring an action against a person who knowingly inserts false information into a caller identification system with the intent to cause harm to, wrongfully obtain anything of value from, mislead, defraud, or deceive the recipient of a telephone call. A person who brings an action under this Chapter may seek to enjoin further violations of R.S. 51:1741.4 and seek to recover as provided for in this Section.
C. The attorney general, or a district attorney in a parish where a violation occurs, may bring an action against a violator for injunctive relief and to recover a civil penalty of up to ten thousand dollars per violation.
D. The remedies provided for in this Section shall not preclude the seeking of other remedies, including criminal remedies, provided by law.
Acts 2009, No. 105, §1; Acts 2018, No. 652, §1.
Repealed by Acts 1991, No. 917, §2.
Repealed by Acts 1991, No. 917, §2.
(1) "Person" means an individual, firm, association, corporation, partnership, joint venture, or any other legal or business entity which contacts or attempts to contact a recipient by using a telephone line.
(2) "Recipient" means an individual, firm, association, corporation, partnership, joint venture, or any other legal or business entity which is provided telephone service from a telephone company regulated by the state of Louisiana.
(3) "Telefacsimile" means every process in which electronic signals are transmitted by telephone lines for conversion into written text.
(4) "Telefacsimile message" means the transmission of a telefacsimile communication promoting goods or services for purchase by the recipient of such message.
Acts 1991, No. 298, §1.
A. No person shall initiate the unsolicited transmission of a telefacsimile message promoting goods or services for purchase by the recipient of such message.
B. This Section shall not apply to telefacsimile messages sent to a recipient with whom the person has had a prior contractual or business relationship, or when the telefacsimile transmission is sent as a follow-up to a sales call, sales lead, or other business-related contact.
Acts 1991, No. 298, §1.
A. Whoever violates the provisions of this Chapter shall be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
B. A recipient may bring a civil action against any person in violation of the provisions of this Chapter to enjoin further violation and to recover actual damages or two hundred dollars, whichever is greater, plus costs and reasonable attorney fees, but in no case shall the damage award exceed five hundred dollars, exclusive of costs and attorney fees.
C. The attorney general may bring an action against any person in violation of the provisions of this Chapter to seek injunctive relief and to impose a civil penalty not to exceed five hundred dollars.
D. Each transmission shall be considered a separate violation.
Acts 1991, No. 298, §1.
For the purposes of this Chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Account holder" means a person who has or opens an account or profile to use a social media company's platform.
(2) "Director" means the director of the division of public protection of the Department of Justice.
(3) "Division" means the division of public protection of the Department of Justice.
(4) "Educational entity" means a Louisiana public school, a charter school, the Louisiana Schools for the Deaf and Visually Impaired, a private school, a community college, a state college, a state university, or a nonprofit private postsecondary educational institution.
(5) "Interactive computer service" means an information service, information system, or information access software provider that provides or enables computer access by multiple users to a computer server and provides access to the internet. An interactive computer service includes a web service, a web system, a website, a web application, or a web portal.
(6) "Louisiana account holder" means a person who is a resident of this state and an account holder, including a Louisiana minor account holder.
(7) "Louisiana minor account holder" means a Louisiana account holder who is a minor.
(8) "Louisiana resident" means an individual who currently resides in this state.
(9) "Minor" means an individual under circumstances where a social media company reasonably believes or has actual knowledge that the individual is under the age of sixteen and is not emancipated or married. A social media company shall treat an individual as a minor if the social media company verifies that the individual is under the age of sixteen, as provided in this Chapter.
(10) "Post" means content that an account holder makes available on a social media platform for other account holders or users to view.
(11) "Social media company" means a person or entity that provides a social media platform that has at least five million account holders worldwide and is an interactive computer service.
(12)(a) "Social media platform" means a public or semipublic internet-based service or application that has users in Louisiana and that meets all of the following:
(i) The service or application connects users in order to allow users to interact socially with each other within the service or application. A service or application that provides email or direct messaging services, enterprise cloud storage services, enterprise cybersecurity services, educational devices, or enterprise collaboration tools for K-12 schools shall not be considered to meet this criterion on the basis of that function alone.
(ii) The service or application allows users to do all of the following:
(aa) Construct a public or semipublic profile for purposes of signing into and using the service or application.
(bb) Populate a list of other users with whom an individual shares a social or virtual connection within the system, including subscribing to content related to another user.
(cc) Create or post content viewable by other users, including but not limited to on message boards, in chat rooms, on video channels, or through a landing page or main feed that presents the user with content generated by other users.
(b) "Social media platform" shall not include an online service, website, or application where the predominant or exclusive function is any of the following:
(i) Electronic mail.
(ii) A service that, pursuant to its terms of use, does not permit minors to use the platform and utilizes commercially reasonable age assurance mechanisms to attempt to prohibit minors from becoming an account holder or user.
(iii) A streaming service that provides only licensed media in a continuous flow from the service, website, or application to the end user and does not obtain a license to the media from a user or account holder by agreement to its terms of service.
(iv) News, sports, entertainment, or other content that is preselected by the provider and not user generated, and any chat, comment, or interactive functionality that is provided incidental to, directly related to, or dependent upon provisions of the content.
(v) Online shopping or electronic commerce, if the interaction with other users or account holders is generally limited to the ability to upload a post and comment on reviews, the ability to display lists or collections of goods for sale or wish lists, and any other function that is focused on online shopping or electronic commerce rather than interaction between users or account holders.
(vi) Interactive gaming, virtual gaming, or an online service that allows the creation and uploading of content and the communication related to that content for the purpose of interactive gaming, educational entertainment, or associated entertainment.
(vii) Photograph editing that has an associated photograph hosting service if the interaction with other users or account holders is generally limited to liking or commenting.
(viii) Single purpose community groups for public safety if the interaction with other users or account holders is limited to that single purpose and the community group has guidelines or policies against illegal content.
(ix) Career development opportunities, including professional networking, job skills, learning certifications, and job posting and application services.
(x) Business-to-business software.
(xi) A teleconferencing or videoconferencing service that allows reception and transmission of audio and video signals for real-time communication.
(xii) Cloud storage.
(xiii) Shared document collaboration.
(xiv) Cloud computing services, which may include cloud storage and shared document collaboration.
(xv) Providing access to or interacting with data visualization platforms, libraries, or hubs.
(xvi) Permitting comments on a digital news website if the news content is posted by only the provider of the digital news website.
(xvii) Providing or obtaining technical support for a platform, product, or service.
(xviii) Academic, scholarly, or genealogical research.
(xix) Internet access and broadband service.
(xx) A classified advertising service in which the provider of the online service, website, or application is limited to all of the following:
(aa) Permitting only the sale of goods.
(bb) Prohibiting the solicitation of personal service.
(cc) Posting or creating a substantial amount of the content.
(dd) Providing the ability to chat, comment, or interact with other users only if it is directly related to the provider's content.
(xxi) An online service, website, or application that is used by or under the direction of an educational entity, including a learning management system, a student engagement program, or a subject or skill-specific program, where the majority of the content is created or posted by the provider of the online service, website, or application and the ability to chat, comment, or interact with other users is directly related to the provider's content.
(13) "User" means a person who has access to view all or some of the posts on a social media platform but is not an account holder.
Acts 2023, No. 456, §1, eff. July 1, 2024; Acts 2024, No. 656, §1, eff. July 1, 2025.
NOTE: Acts 2023, No. 456 became effective July 1, 2024. Acts 2024, No. 656 changes the effective date of Acts 2023, No. 456 to July 1, 2025. However, Acts 2024, No. 656 is not effective until July 1, 2025.
A. A social media company shall make commercially reasonable efforts to verify the age of Louisiana account holders with a level of certainty appropriate to the risks that arise from the information management practices of the social media company or apply the accommodations afforded to minors pursuant to this Chapter to all account holders.
B. A social media company shall not permit a Louisiana resident who is a minor to be an account holder on the social media company's social media platform unless the minor has the express consent of a parent or guardian. Acceptable methods of obtaining express consent from a parent or guardian include any of the following:
(1) Providing a form for the minor's parent or guardian to sign and return to the digital service provider by common carrier, facsimile, or electronic scan.
(2) Providing a toll-free telephone number for the minor's parent or guardian to call to consent.
(3) Coordinating a call with a minor's parent or guardian over video conferencing technology.
(4) Collecting information related to the government-issued identification of the minor's parent or guardian and deleting that information after confirming the identity of the minor's parent or guardian.
(5) Allowing the minor's parent or guardian to provide consent by responding to an email and taking additional steps to verify the identity of the minor's parent or guardian.
(6) Any other commercially reasonable method of obtaining consent in light of available technology.
C. Notwithstanding any other provision of this Chapter, a social media company shall not permit a Louisiana resident who is a minor to hold or open an account on a social media platform if the minor is ineligible to hold or open an account pursuant to any other provision of state or federal law.
D. The division may adopt rules in accordance with the Administrative Procedure Act that provide examples of all of the following:
(1) Acceptable processes or means by which a social media company may meet the age verification requirements of this Chapter, including adjusting for new technologies.
(2) Acceptable forms or methods of identification for individuals to verify that they are over the age of sixteen, which may not be limited to a valid identification card issued by a government entity.
(3) Acceptable processes or means to confirm that a parent or guardian has provided consent for the minor to open or use an account pursuant to this Section.
Acts 2023, No. 456, §1, eff. July 1, 2024; Acts 2024, No. 656, §1, eff. July 1, 2025.
NOTE: Acts 2023, No. 456 became effective July 1, 2024. Acts 2024, No. 656 changes the effective date of Acts 2023, No. 456 to July 1, 2025. However, Acts 2024, No. 656 is not effective until July 1, 2025.
For a Louisiana minor account holder, a social media company shall prohibit all of the following:
(1) Adults from direct messaging a Louisiana minor account holder unless the minor is already connected to the adult on the service.
(2) The display of any advertising in the account based on the Louisiana minor account holder's personal information, except age and location.
(3) The collection or use of personal information from the posts, content, messages, text, or usage activities of the account other than information beyond what is adequate, relevant, and reasonably necessary in relation to the purposes for which the information is collected, as disclosed.
Acts 2023, No. 456, §1, eff. July 1, 2024; Acts 2024, No. 656, §1, eff. July 1, 2025.
NOTE: Acts 2023, No. 456 became effective July 1, 2024. Acts 2024, No. 656 changes the effective date of Acts 2023, No. 456 to July 1, 2025. However, Acts 2024, No. 656 is not effective until July 1, 2025.
Repealed by Acts 2001, No. 9, §10, eff. July 1, 2001.
Repealed by Acts 2001, No. 9, §10, eff. July 1, 2001.
A social media company shall provide a parent or guardian who has given parental consent for a Louisiana minor account holder as provided in this Chapter with a means for the minor account holder or the parent or guardian to initiate account supervision. The supervision shall include the ability for the parent to view privacy settings of the minor's account, set daily time limits for the service, schedule breaks, and offer the minor the option to set up parental notifications when the minor reports a person or issue.
Acts 2023, No. 456, §1, eff. July 1, 2024; Acts 2024, No. 656, §1, eff. July 1, 2025.
NOTE: Acts 2023, No. 456 became effective July 1, 2024. Acts 2024, No. 656 changes the effective date of Acts 2023, No. 456 to July 1, 2025. However, Acts 2024, No. 656 is not effective until July 1, 2025.
A. The division shall receive consumer complaints alleging any violation of this Chapter, and any person may file a consumer complaint with the division that alleges a violation of this Chapter.
B. The division shall investigate a consumer complaint to determine whether a violation of this Chapter has occurred.
Acts 2023, No. 456, §1, eff. July 1, 2024; Acts 2024, No. 656, §1, eff. July 1, 2025.
NOTE: Acts 2023, No. 456 became effective July 1, 2024. Acts 2024, No. 656 changes the effective date of Acts 2023, No. 456 to July 1, 2025. However, Acts 2024, No. 656 is not effective until July 1, 2025.
A. The division has exclusive authority to administer and enforce the requirements of this Chapter.
B. Subject to the ability to cure an alleged violation of Subsection D of this Section, the division director may impose an administrative fine of up to two thousand five hundred dollars for each violation of this Chapter, and the division may bring an action in a court of competent jurisdiction to enforce any provision of this Chapter.
C. In a court action by the division to enforce any provision of this Chapter, the court may do any of the following:
(1) Declare that the act or practice violates a provision of this Chapter.
(2) Issue an injunction for a violation of this Chapter.
(3) Order any profits, gains, gross receipts, or benefit from a violation of this Chapter to be forfeited and paid to the aggrieved person.
(4) Impose a civil penalty of up to two thousand five hundred dollars for each violation of this Chapter.
(5) Award damages to the aggrieved person.
(6) Award any other relief that the court considers reasonable and necessary.
D.(1) At least forty-five days before the day on which the division initiates an enforcement action against a person that is subject to the requirements of this Chapter, the division shall provide the person with a written notice that identifies each alleged violation and an explanation of the basis for each allegation.
(2) Except as provided in Paragraph (3) of this Subsection, the division shall not initiate an action if the person cures the noticed violation within forty-five days after the date on which the person receives the notice by providing the division with a written statement indicating that the violation is cured and no further violations will occur.
(3) The division may initiate a civil action against a person who does either of the following:
(a) Fails to cure a violation after receiving the written notice described in Paragraph (1) of this Subsection.
(b) Commits another violation of the same provision after curing a violation and providing a written statement in accordance with Paragraph (2) of this Subsection.
(4) If a court of competent jurisdiction grants judgment or injunctive relief to the division, the court shall award the division all of the following:
(a) Reasonable attorney fees.
(b) Court costs.
(c) Investigative costs.
(5) A person who violates an administrative order or court order issued for a violation of this Chapter shall be subject to a civil penalty of not more than five thousand dollars for each violation. A civil penalty in accordance with this Section may be imposed in any civil action brought by the division.
(6) All monies received from the payment of a fine or civil penalty imposed and collected pursuant to the provisions of this Section shall be used by the division to promote consumer protection and education.
Acts 2023, No. 456, §1, eff. July 1, 2024; Acts 2024, No. 656, §1, eff. July 1, 2025.
NOTE: Acts 2023, No. 456 became effective July 1, 2024. Acts 2024, No. 656 changes the effective date of Acts 2023, No. 456 to July 1, 2025. However, Acts 2024, No. 656 is not effective until July 1, 2025.
A. The division shall compile an annual report that contains all of the following information:
(1) An evaluation of the liability and enforcement provisions of this Chapter, including but not limited to the effectiveness of the division's efforts to enforce this Chapter and any recommendations for revisions to this Chapter, including proposals for legislation.
(2) A summary of the consumer interactions, protected and not protected by this Chapter, including a list of alleged violations the division has received.
(3) An accounting of all of the following:
(a) All administrative fines and civil penalties assessed during the year.
(b) All administrative fines and civil penalties collected during the year.
(c) The use of funds from all administrative fines and civil penalties collected during the year.
B. The division may update or correct the report as new information becomes available.
C. The division shall maintain the report, which shall be published on its website.
Acts 2023, No. 456, §1, eff. July 1, 2024; Acts 2024, No. 656, §1, eff. July 1, 2025.
NOTE: Acts 2023, No. 456 became effective July 1, 2024. Acts 2024, No. 656 changes the effective date of Acts 2023, No. 456 to July 1, 2025. However, Acts 2024, No. 656 is not effective until July 1, 2025.
Notwithstanding any contract or choice of law provision in a contract, a waiver or limitation, or purported waiver or limitation, of any of the following shall be void and unenforceable as contrary to public policy, and a court or arbitrator shall not enforce or give effect to the waiver:
(1) A protection or requirement pursuant to this Chapter.
(2) The right to cooperate with the division or to file a complaint with the division.
Acts 2023, No. 456, §1, eff. July 1, 2024; Acts 2024, No. 656, §1, eff. July 1, 2025.
NOTE: Acts 2023, No. 456 became effective July 1, 2024. Acts 2024, No. 656 changes the effective date of Acts 2023, No. 456 to July 1, 2025. However, Acts 2024, No. 656 is not effective until July 1, 2025.
The implementation of this Chapter shall be subject to the appropriation of funds by the legislature for this purpose.
Acts 2023, No. 456, §1, eff. July 1, 2024; Acts 2024, No. 656, §1, eff. July 1, 2025.
NOTE: Acts 2023, No. 456 became effective July 1, 2024. Acts 2024, No. 656 changes the effective date of Acts 2023, No. 456 to July 1, 2025. However, Acts 2024, No. 656 is not effective until July 1, 2025.
Repealed by Acts 2001, No. 9, §10, eff. July 1, 2001.
The legislature hereby finds and declares all of the following:
(1) Technological advances over the past ten years and the advent of social media have opened the door to children for learning and exposure to cultures and interests worldwide.
(2) Unfortunately, data shows that over that same ten-year period, American teenagers, ages twelve through fifteen, who use social media over three hours each day faced twice the risk of having negative mental health outcomes, including depression and anxiety symptoms.
(3) The American Academy of Pediatrics declared a national emergency in child and adolescent mental health recognizing that the use of social media can result in poor mental health, poor general health outcomes, cyberbullying-related depression, body image and disordered eating behaviors, poor sleep, and most tragically, death.
(4) The main social media platforms are well aware of the damage that they are doing to our children, but they have largely been held unaccountable and have little desire to self-regulate as their manipulative targeted advertising to children generated an estimated eleven billion dollars in advertising revenue in just one year.
(5) The children of Louisiana deserve better, and since the federal government has failed to take the necessary action to stop data sharing, selling, and targeted advertising, it is incumbent upon Louisiana to protect our children and hold the major social media platforms accountable.
Acts 2024, No. 656, §2, eff. July 1, 2025; Acts 2025, No. 481, §1, eff. July 1, 2026.
NOTE: Subsection (A) (introductory paragraph) eff. until July 1, 2026. See Acts 2025, No. 481, §4.
A. As used in this Chapter, the following terms have the following meanings:
NOTE: Subsection (A) (introductory paragraph) as amended by Acts 2025, No. 481, §4, eff. July 1, 2026.
A. As used in this Part, the following terms have the following meanings:
(1) "Account holder" means a person who has, or opens, an account or profile to use a social media company's platform and who is a resident of this state, including a minor account holder.
(2) "Application" means a software application or electronic service that may be run or directed by a user on a computer, a mobile device, or any other general purpose computing device.
(3) "Child", unless otherwise specified, means a consumer who is under sixteen years of age.
(4) "Minor" means an individual under circumstances where a social media platform has actual knowledge that the individual is under the age of eighteen and is not emancipated or married.
(5) "Minor account holder" means an account holder who is a minor.
(6) "Online service, product, or feature" does not mean any of the following:
(a) Internet access and broadband service.
(b) A telecommunications service, as defined in 47 U.S.C. 153.
(c) The delivery or use of a physical product.
(7) "Resident" means an individual who currently resides in this state.
(8) "Sensitive personal data" means data collected directly from an account holder online that provides any of the following:
(a) Information that reveals any of the following about the account holder:
(i) Racial or ethnic origin.
(ii) Religious beliefs.
(iii) Gender.
(iv) Citizenship or immigration status.
(b) Information regarding an individual's medical history, mental or physical health condition, or medical treatment or diagnosis by a healthcare professional.
(c) Genetic personal data or biometric data, if the processing is for the purpose of identifying a specific account holder.
(d) Specific geolocation data.
(9) "Social media platform" has the same meaning as provided for in R.S. 51:1751.
(10)(a) "Targeted advertising" means displaying an advertisement to an account holder where the advertisement is selected based on personal data obtained from the account holder's activities over time and across nonaffiliated websites or online applications to predict the account holder's preferences or interests.
(b) "Targeted advertising" does not include any of the following:
(i) Advertising based on an account holder's activities within a controller's website or online application or any affiliated website or online application.
(ii) Advertising based on the context of an account holder's current search query or visit to a website or online application.
(iii) Advertising directed to an account holder in response to the account holder's request for information, products, services, or feedback.
(iv) Processing personal data solely to measure or report on advertising performance, advertising reach, or advertising frequency or the prevention of fraud and abuse.
B.(1) Any social media platform with more than one million account holders globally that is operating in this state is prohibited from displaying targeted advertising at a minor account holder.
(2) Any social media platform with more than one million account holders globally that is operating in this state is prohibited from selling sensitive personal data of a minor account holder.
C. Nothing in this Section prohibits a social media platform from doing any of the following:
(1) Allowing user-generated content to appear in a chronological manner for a minor account holder.
(2) Displaying user-generated content that has been selected or followed by a minor account holder.
(3) Providing search results to a minor account holder, if the search results are in response to a specific and immediately preceding query by the account holder.
D. If a social media platform makes reasonable efforts to determine whether an account holder is a resident, a social media platform will not be liable for data processing undertaken for that purpose or for an erroneous determination with respect to residency.
E. If a social media platform chooses to conduct age estimation to determine which users are under eighteen, the social media platform will not be liable for data processing undertaken during the period in which it is estimating age or for an erroneous estimation or for data processing in the absence of reasonable evidence that the account holder is a minor.
Acts 2024, No. 656, §2, eff. July 1, 2025; Acts 2025, No. 481, §4, eff. July 1, 2026.
NOTE: Subsection A eff. until July 1, 2026. See Acts 2025, No. 481, §4.
A. The attorney general may bring a civil action to enforce any violations of this Chapter.
NOTE: Subsection A as amended by Acts 2025, No. 481, §4, eff. July 1, 2026.
A. The attorney general may bring a civil action to enforce any violations of this Part.
NOTE: Subsection B eff. until July 1, 2026. See Acts 2025, No. 481, §4.
B. A social media platform that violates the provisions of this Chapter shall be subject to a civil fine of up to ten thousand dollars per violation.
NOTE: Subsection B as amended by Acts 2025, No. 481, §4, eff. July 1, 2026.
B. A social media platform that violates the provisions of this Part shall be subject to a civil fine of up to ten thousand dollars per violation.
NOTE: Paragraph (C)(1) eff. until July 1, 2026. See Acts 2025, No. 481, §4.
C.(1) At least forty-five days before the day on which the attorney general initiates an enforcement action against a person who is subject to the requirements of this Chapter, the attorney general shall provide the person with a written notice that identifies each alleged violation and an explanation of the basis for each allegation.
NOTE: Paragraph (C)(1) as amended by Acts 2025, No. 481, §4, eff. July 1, 2026.
C.(1) At least forty-five days before the day on which the attorney general initiates an enforcement action against a person who is subject to the requirements of this Part, the attorney general shall provide the person with a written notice that identifies each alleged violation and an explanation of the basis for each allegation.
(2) Except as provided in Paragraph (3) of this Subsection, the attorney general shall not initiate an action if the person cures the notice violation within forty-five days after the date on which the person receives the notice by providing the attorney general with a written statement indicating that the violation is cured and no further violations will occur.
(3) The attorney general may initiate a civil action against a person who does either of the following:
(a) Fails to cure a violation after receiving the written notice described in Paragraph (1) of this Subsection.
(b) Commits another violation of the same provision after curing a violation and providing a written statement in accordance with Paragraph (2) of this Subsection.
(4) If a court of competent jurisdiction grants judgment or injunctive relief to the attorney general, the court shall award the attorney general reasonable attorney fees, court costs, and investigative costs.
NOTE: Paragraph (5) eff. until July 1, 2026. See Acts 2025, No. 481, §4.
(5) A person who violates an administrative order or court order issued for a violation of this Chapter shall be subject to a civil penalty of not more than five thousand dollars for each violation. A civil penalty in accordance with this Section may be imposed in any civil action brought by the attorney general.
NOTE: Paragraph (5) as amended by Acts 2025, No. 481, §4, eff. July 1, 2026.
(5) A person who violates an administrative order or court order issued for a violation of this Part shall be subject to a civil penalty of not more than five thousand dollars for each violation. A civil penalty in accordance with this Section may be imposed in any civil action brought by the attorney general.
(6) All monies received from the payment of a fine or civil penalty imposed and collected pursuant to the provisions of this Section shall be used by the attorney general to promote consumer protection and education.
Acts 2024, No. 656, §2, eff. July 1, 2025; Acts 2025, No. 481, §4, eff. July 1, 2026.
Repealed by Acts 2001, No. 9, §10, eff. July 1, 2001.
Repealed by Acts 2001, No. 9, §10, eff. July 1, 2001.
Repealed by Acts 2001, No. 9, §10, eff. July 1, 2001.
As used in this Part, the following terms have the following meanings:
(1) "Age category" means one of the following categories of individuals based on age:
(a) "Child" means an individual who is under thirteen years old.
(b) "Younger teenager" means an individual who is at least thirteen years old and under sixteen years old.
(c) "Older teenager" means an individual who is at least sixteen years old and under eighteen years old.
(d) "Adult" means an individual who is at least eighteen years old.
(2) "Age category data" means information about a user's age that is collected by a covered application store provider and shared with a developer.
(3) "Age rating" means a classification that provides an assessment of the suitability of an application's content for different age groups.
(4) "Application" means a software program that is designed to run on a connected device or a mobile device.
(5) "Connected device" means a smartphone, tablet, computer, gaming console, or virtual reality device that enables users to connect to the internet and download software applications.
(6) "Content description" means a description of the specific content elements that informed an application's age rating.
(7) "Covered application store" means a publicly available website, software application, or electronic service that allows users to download applications from third-party developers onto a mobile device.
(8) "Covered application store provider" means a person who owns, operates, or controls a covered application store that allows users in this state to download applications.
(9) "Developer" means a person who owns or controls an application made available through a covered application store in this state.
(10) "Minor" means an individual under the age of eighteen and is not emancipated or married.
(11) "Minor account" means an account with a covered application store provider that is established by an individual who the covered application store provider has determined is under eighteen years of age, and is not emancipated or married, through the covered application store provider's age verification methods and requires affiliation with a parent account.
(12) "Mobile device" means a phone or general purpose tablet that does all of the following:
(a) Provides cellular or wireless connectivity.
(b) Is capable of connecting to the internet.
(c) Runs a mobile operating system.
(d) Is capable of running applications through the mobile operating system.
(13) "Mobile operating system" means software that does all of the following:
(a) Manages mobile device hardware resources.
(b) Provides common services for mobile device programs.
(c) Controls memory allocation.
(d) Provides interfaces for applications to access device functionality.
(14) "Parent" means, with respect to a minor, individuals who have legal authority to make decisions on behalf of the minor.
(15) "Parent account" means an account with a covered application store provider that is both of the following:
(a) Is verified to be established by an individual whom the covered application store provider has determined is at least eighteen years old through the covered application store provider's age verification methods.
(b) May be affiliated with one or more minor accounts.
(16) "Parental consent disclosure" means the following information that a covered application store provider is required to provide to a parent before obtaining parental consent:
(a) If the covered application store provider has an age rating for the application or in-application purchase, the application's or in-application purchase's age rating.
(b) If the covered application store provider has a content description for the application or in-application purchase, the application's or in-application's content description.
(c) A description of:
(i) The personal data collected by an application from a user.
(ii) The personal data shared by the application with a third party.
(d) If personal data is collected by the application, the methods implemented by the developer to protect the personal data.
(17) "Significant change" means a material modification to an application's terms of service or privacy policy that:
(a) Changes the categories of data collected, stored, or shared.
(b) Alters the application's age rating or content descriptions.
(c) Adds new monetization features, including in-application purchases and advertisements.
(d) Materially changes the application's functionality or user experience.
(18) "Verifiable parental consent" means authorization that is all of the following:
(a) Is provided by an individual who a covered application store provider has verified is an adult.
(b) Is given after the covered application store provider has clearly and conspicuously provided the parental consent disclosure to the individual.
(c) Requires the parent to make an affirmative choice to grant consent or decline consent.
Acts 2025, No. 481, §2, eff. July 1, 2026.
A. A covered application store provider shall:
(1) At the time an individual who is located in the state creates an account with a covered application store provider do both of the following:
(a) Request age information from the individual.
(b)(i) Verify the individual's age category using commercially available methods that are reasonably designed to ensure accuracy, including but not limited to a means of verification provided through the use of a real-time age verification system authorized by the commissioner of the office of motor vehicles.
(ii) For individuals under eighteen years of age, a method is commercially available if it includes affirmative age attestation by someone who is reasonably believed to be the parent or legal guardian, along with other information collected in the ordinary course of account creation or use.
(2) If the age verification methods or process described in Paragraph (1) of this Subsection determines the individual to be a minor, the covered application store provider shall do both of the following:
(a) Require the account to be affiliated with parent account.
(b) Obtain verifiable parental consent from the holder of the affiliated parent account before allowing the minor to download an application, purchase an application, or make an in-application purchase.
(3) After receiving notice of a significant change from a developer, notify the user of the significant change and for a minor account, notify the holder of the affiliated parent account and obtain renewed verifiable parental consent.
(4) Provide to a developer, in response to a request authorized pursuant to R.S. 51:1773:
(a) The age category for a user located in this state.
(b) The status of verified parental consent for a minor located in this state.
(5) Notify a developer when a parent revokes parental consent.
(6) Protect personal age verification data by doing all of the following:
(a) Limiting collection and processing to data necessary for:
(i) Verifying a user's age.
(ii) Obtaining parental consent.
(iii) Maintaining compliance records.
(b) Transmitting personal age verification data using industry-standard encryption protocols that ensure data integrity and data confidentiality.
B. A covered application store provider shall not do any of the following:
(1) Enforce a contract or terms of service against a minor unless a covered application store provider has obtained verifiable parental consent.
(2) Knowingly misrepresent the information in the parental consent disclosure.
(3) Share age verification data except between a covered application store provider and a developer as required by this Part or as required by law.
Acts 2025, No. 481, §2, eff. July 1, 2026.
A. A developer shall do all of the following:
(1) Verify through the covered application store's data sharing methods the age category of users located in this state and any other source of data or information that the developer determines is recommended or appropriate to comply with applicable law.
(2) If the data shared from a covered application store described in Paragraph (1) of this Subsection determines the individual to be a minor, the developer shall do both of the following:
(a) Require the account to be affiliated with a parent account.
(b) Obtain verifiable parental consent from the holder of the affiliated parent account before allowing the minor to download an application, purchase an application, or make an in-application purchase.
(3) Notify covered application store providers of a significant change to the application.
(4) Enforce all age-related restrictions.
(5) Enforce any developer-created age-related restrictions.
(6) Ensure compliance with applicable laws and regulations. Any developer required by law to age verify users at the application level shall continue to be responsible for age verification. No provision in this Part shall be construed to remove this responsibility.
(7) Implement any developer-created safety-related features or defaults.
(8) Request personal age verification data or parental consent:
(a) At the time a user downloads an application or purchases an application.
(b) When implementing a significant change to the application.
(c) To comply with applicable law. Any developer required by law to age verify users at the application level shall continue to be responsible for age verification. No provision in this Part shall be construed to remove this responsibility.
B. A developer may request personal age verification data or parental consent:
(1) No more than once during a twelve-month period to verify the accuracy of user age verification data or continued account use within the verified age category.
(2) When there is reasonable suspicion of account transfer or misuse outside the verified age category.
(3) At the time a user creates a new account with a developer.
C. When implementing any developer-created safety-related features or defaults, a developer shall use the lowest age category indicated by age verification data provided by a covered application store provider or age data independently collected by the developer.
D. A developer shall not do any of the following:
(1) Enforce a contract or terms of service against a minor unless the developer has verified through the covered application store provider that verifiable parental consent has been obtained.
(2) Knowingly misrepresent any information in the parental consent disclosure.
(3) Share age category data with any person.
E. Developers and covered application store providers shall each be separately responsible for any data each chose to rely on in their independent judgment for compliance with age verification requirements of law.
Acts 2025, No. 481, §2, eff. July 1, 2026.
A. A developer is not liable for a violation of this Part if the developer demonstrates that the developer complied with the requirements described in R.S. 51:1773.
B. For the purposes of setting the age category of an application and providing content description disclosure to a covered application store provider, a developer complies with R.S. 51:1773(C) if the developer uses widely adopted industry standards to determine the application's age category and the content description disclosures and if the developer applies those standards consistently and in good faith.
C. The protection described in this Section applies only to actions brought pursuant to this Part and shall not limit a developer of covered application store provider's liability under any applicable law.
D. Nothing in this Part shall displace any other available remedies or rights authorized under the laws of this state or the United States.
E. Nothing in this Part shall be construed to do any of the following:
(1) Prevent a covered application store provider or developer from taking reasonable measures to do any of the following:
(a) Block, detect, or prevent distribution to minors of unlawful material, obscene material, or other harmful material.
(b) Block or filter spam.
(c) Prevent criminal activity.
(d) Protect the application store or application security.
(2) Require a covered application store provider to disclose user information to a developer beyond age category or verification of parental consent status.
(3) Allow a covered application store provider or developer to implement measures required by this Part in a manner that is arbitrary, capricious, anticompetitive, or unlawful.
(4) Require a covered application store provider or developer to obtain parental consent for an application that meets all of the following conditions:
(a) Provides direct access to emergency services, including:
(i) 911.
(ii) Crisis hotlines.
(iii) Emergency assistance services legally available to minors.
(b) Limits data collection to information necessary to provide emergency services in compliance with 15 U.S.C. 6501 et seq., Children's Online Privacy Protection Act.
(c) Provides access without requiring account creation or collection of unnecessary personal information.
(d) Is operated by or in partnership with any of the following:
(i) A government entity.
(ii) A nonprofit organization.
(iii) An authorized emergency service provider.
(5) Require a developer to collect, retain, reidentify, or link any information beyond any of the following:
(a) What is necessary to verify age categories and parental consent status as required by this Part.
(b) What is collected, retained, reidentified, or linked in the developer's ordinary course of business.
(6) Relieve a developer of its obligation to conduct age verification as otherwise required by law.
Acts 2025, No. 481, §2, eff. July 1, 2026.
A. The attorney general may bring a civil action to enforce any violations of this Part.
B. A covered application store or developer that violates the provisions of this Part shall be subject to a civil fine of up to ten thousand dollars per violation set by the attorney general.
C.(1) At least forty-five days before the day on which the attorney general initiates an enforcement action against a person who is subject to the requirements of this Part, the attorney general shall provide the person with a written notice that identifies each alleged violation and an explanation of the basis for each allegation.
(2) Except as provided in Paragraph (3) of this Subsection, the attorney general shall not initiate an action if the person cures the notice violation within forty-five days after the date on which the person receives the notice by providing the attorney general with a written statement indicating that the violation is cured and no further violations will occur.
(3) The attorney general may initiate a civil action against a person who does either of the following:
(a) Fails to cure a violation after receiving the written notice described in Paragraph (1) of this Subsection.
(b) Commits another violation of the same provision after curing a violation and providing a written statement in accordance with Paragraph (2) of this Subsection.
(4) If a court of competent jurisdiction grants judgment or injunctive relief to the attorney general, the court shall award the attorney general reasonable attorney fees, court costs, and investigative costs.
(5) A person who violates an administrative order or court order issued for a violation of this Part shall be subject to a civil penalty of not more than five thousand dollars for each violation set by the attorney general. A civil penalty in accordance with this Section may be imposed in any civil action brought by the attorney general.
(6) All monies received from the payment of a fine or civil penalty imposed and collected pursuant to the provisions of this Section shall be used by the attorney general for consumer protection enforcement efforts or to promote consumer protection and education.
Acts 2025, No. 481, §2, eff. July 1, 2026.
This Act may be cited as the Louisiana Enterprise Zone Act.
Added by Acts 1981, No. 901, §1.
The legislature of Louisiana hereby finds and declares that the health, safety, and welfare of the people of this state are dependent upon the continued encouragement, development, growth, and expansion of the private sector within the state. The legislature further finds and declares that there are certain depressed areas in the state that need the particular attention of government to help attract private sector investment into these areas, as well as many local economic efforts which could benefit from the assistance and input of state government. Therefore, it is declared to be the purpose of this Chapter to stimulate business and industrial growth in these areas of the state by the relaxation of governmental controls, by providing assistance to businesses and industries, and by providing tax incentives in these areas. It is further declared that the effective administration of both the enterprise zone program and the economic development zone program is the sole responsibility of Louisiana Economic Development which, by state law, is charged with coordinating those plans and programs aimed at developing optimum conditions for new and expanding industrial and commercial enterprises in this state with units of local government.
Added by Acts 1981, No. 901, §1; Acts 1995, No. 581, §2, eff. June 18, 1995.
For purposes of this Chapter, the following terms shall have the meanings hereinafter ascribed to them, unless the context clearly indicates otherwise:
(1) "Block group" means a geographic area defined by the United States Bureau of the Census and identified as part of a census tract.
(2) "Board" means the State Board of Commerce and Industry, or its successor.
(3) "Department" means Louisiana Economic Development.
(4) "Economic development zone" means a geographic area with specific identifiable boundaries which is being developed for commercial or industrial purposes, is owned or operated by a political subdivision or other entity created pursuant to state law, and is designated to receive the benefits of this Chapter. This term may include an industrial park, business park, air park, research park, research and development park, downtown development district, former federal facility, port, or airport. The department shall establish further qualifications for economic development zones by rule adopted pursuant to the Administrative Procedure Act.
(5) "Enterprise zone" means a block group which is economically distressed and in need of expansion of business and industry and the creation of jobs, as defined by the criteria in R.S. 51:1784(A), and designated to be eligible for the benefits of this Chapter.
(6) "Governing authority" means the governing body of a parish, municipality, or other political subdivision, and the office of sheriff in the case of a law enforcement district, within which a qualified block group lies.
(7) "Multifamily residential housing" means a minimum of ninety and a maximum of three hundred attached dwelling units providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
(8) "Multimodal transit center" means a public transit stop or exchange that includes not less than three modes of public transportation including bus, streetcar, rail, ferry, or water taxi.
(9) "Political subdivision" means a parish, municipality, or any other unit of local government including but not limited to a law enforcement or other special district authorized by law to perform governmental functions.
(10) "Rural enterprise zone" means an enterprise zone located in a parish having a population not in excess of seventy-five thousand persons.
(11) "Transit-oriented development" means a mixed-use development, consisting of at least fifty percent multifamily residential housing and at least twenty thousand square feet of commercial or retail facilities, on a single contiguous site, all or part of which is located within one-quarter mile of a multimodal transit center, with at least ten million dollars in capital expenditures for new construction or conversion of existing structures.
(12) "Urban enterprise zone" means an enterprise zone located in a parish having a population in excess of seventy-five thousand persons.
Added by Acts 1981, No. 901, §1. Acts 1992, No. 1024, §1, eff. July 1, 1993; H.C.R. No. 71, 1993 R.S.; Acts 1995, No. 581, §2, eff. June 18, 1995; Acts 2006, No. 844, §1, eff. July 5, 2006; Acts 2011, No. 359, §1, eff. June 29, 2011; Acts 2012, No. 45, §1; Acts 2013, No. 141, §1.
A. The department shall establish criteria for qualifications of enterprise zones, giving consideration to the following:
(1) Unemployment.
(2) Per capita income.
(3) Number of residents receiving public assistance.
B. These criteria shall be established so that approximately forty percent of the block groups in the state qualify as enterprise zones.
C. Except as otherwise provided in R.S. 51:1788, after July 1, 1993, the department shall utilize only the data, including but not limited to block groups and statistical data, published by the United States Bureau of the Census for the most recent federal decennial census in applying the criteria specified in this Section in order to determine which block groups shall qualify for designation as enterprise zones. However, alternative designation of enterprise zones may be made pursuant to R.S. 51:1785(B) subsequent to such determination by the department.
Added by Acts 1981, No. 901, §1; Acts 1987, No. 433, §1; Acts 1992, No. 1024, §1, eff. July 1, 1993; H.C.R. No. 71, 1993 R.S.; Acts 1995, No. 581, §2, eff. June 18, 1995; Acts 2002, 1st Ex. Sess., No. 4, §1, eff. April 17, 2002.
A. The department shall designate qualified block groups as enterprise zones only after receiving notice from the appropriate governing authority that the governing authority agrees to:
(1) Participate in the enterprise zone program.
(2) Assist the department in evaluating progress made in any enterprise zone within its jurisdiction.
B. The department may designate block groups which do not qualify under R.S. 51:1784 as enterprise zones only if the requirements of Subsection A of this Section and all of the following conditions are met:
(1) Request for such designation is made by an appropriate governing authority.
(2) The number of enterprise zones within a particular parish is not increased.
(3) Such designation is approved by the Board of Commerce and Industry.
C. The department shall designate a qualified area as an economic development zone only after receiving notice from the appropriate governing authority that the governing authority agrees to:
(1) Participate in the economic development zone program.
(2) Assist the department in evaluating progress made in any economic development zone within its jurisdiction.
D. Any geographic area eligible for designation as an economic development zone but which had been alternatively designated as an enterprise zone pursuant to R.S. 51:1785(B) after May 19, 1994, is hereby abolished as an enterprise zone and shall be designated as an economic development zone pursuant to this Subsection upon notice of the appropriate governing authority to the department. In addition, any block group eligible pursuant to R.S. 51:1784(A) for designation as an enterprise zone but which had become ineligible for designation as an enterprise zone because of such an alternative designation shall again be eligible for designation as an enterprise zone pursuant to Subsection A of this Section.
Added by Acts 1981, No. 901, §1. Amended by Acts 1982, No. 337, §1; Acts 1992, No. 1024, §1, eff. July 1, 1993; H.C.R. No. 71, 1993 R.S.; Acts 1995, No. 581, §2, eff. June 18, 1995.
The department shall administer the provisions of this Chapter and shall have the following powers and duties in addition to those mentioned elsewhere in this Chapter and in other laws of this state:
(1) To monitor the implementation and operation of this Chapter and conduct a continuing evaluation of the progress made in enterprise zones and economic development zones.
(2) To assist the governing authority of an enterprise zone or economic development zone in obtaining assistance from any other department of state government, including assistance in providing training, technical assistance, and wage subsidies to new businesses and small businesses within an enterprise zone or economic development zone.
(3) To assist any employer or prospective employer within an enterprise zone or economic development zone in obtaining the benefits of any incentive or inducement program authorized by Louisiana law.
(4) Repealed by Acts 2010, No. 1034, §3.
(5) To promulgate rules and regulations to effectuate this Chapter, in accordance with the Administrative Procedure Act.
(6) To notify each legislator whose district includes any portion of an enterprise zone or economic development zone when the department designates such a zone.
(7) To notify the requesting governing authority and the appropriate substate planning and development district of any alternative designation of an enterprise zone pursuant to R.S. 51:1785(B). Such notifications shall be made in writing and received no later than thirty days after approval of such designation by the board.
(8) To compile, by substate planning and development district, a report listing all existing contracts of exemption entered into by the board with businesses pursuant to this Chapter. Such report shall be transmitted to the appropriate substate planning and development district at least once every six months.
(9) To maintain maps of the location of all enterprise zones and economic development zones within a substate planning and development district and to transmit copies of such maps to the appropriate district at least once every six months.
Added by Acts 1981, No. 901, §1; Acts 1986, No. 825, §1; Acts 1991, No. 928, §1; Acts 1992, No. 1024, §1, eff. July 1, 1993; H.C.R. No. 71, 1993 R.S.; Acts 1995, No. 581, §2, eff. June 18, 1995; Acts 2001, No. 9, §9, eff. July 1, 2001; Acts 2010, No. 1034, §3.
A. The board, after consultation with the secretaries of Louisiana Economic Development and the Department of Revenue, and with the approval of the governor, may enter into contracts not to exceed five years to provide:
(1) For either:
(a)(i) The rebate of sales and use tax imposed by the state and imposed by its political subdivisions upon approval of the governing authority of the appropriate municipality or the appropriate parish where applicable, or both, and of the governing authority of any other political subdivision, including the office of sheriff in the case of a law enforcement district, for the following:
(aa) The use of customer-owned tooling in a compression molding process.
(bb) Purchases of the material used in the construction of a building, or any addition or improvement thereon, for housing any legitimate business enterprise and machinery and equipment used in that enterprise.
(ii) Final application for the payment of any rebate of sales and use taxes granted pursuant to this Subsection shall be filed no later than six months after Louisiana Economic Development signs a project completion report and sends it to the Department of Revenue, the political subdivision, and the business, or no later than thirty days after the end of the calendar year in the case of customer-owned tooling used in a compression molding process. The project completion report cannot be signed until the project is complete and the contract has been approved by the board and the governor. The amount to be rebated shall in no case be greater than the total of the actual amount of the sales and use taxes paid.
(iii) Sales and use taxes imposed by a political subdivision which are dedicated to the repayment of bonded indebtedness or dedicated to schools shall not be eligible for rebate. All other state and local sales and use taxes shall be eligible for rebate.
(iv) Requests for rebates of state sales and use tax pursuant to this Section shall be processed by the Department of Revenue as follows:
(aa) A properly completed rebate request shall be submitted to the Department of Revenue on forms provided by the Department of Revenue. For purposes of this Section, a properly completed rebate request shall mean a rebate request that includes the general information required on the face of the request, is signed and includes a copy of the executed incentive contract, a copy of each invoice over fifteen thousand dollars, and all required schedules. The request shall be submitted electronically unless the secretary of the Department of Revenue grants permission to submit the request in an alternate form.
(bb) Within sixty days of the receipt of a properly completed rebate request, the Department of Revenue shall rebate eighty percent of the amount claimed that is eligible for rebate at the time of the rebate request after taking into account the limitation provided for in Subparagraph (c) of this Paragraph. Within six months of the date of filing the rebate request, the Department of Revenue shall audit the rebate request. During the six-month period, the Department of Revenue shall disallow items determined to be ineligible for rebate. Within ten business days following the expiration of the six-month period, the Department of Revenue shall rebate the remaining twenty percent of the amount claimed that is eligible for rebate at the time of the rebate request after taking into account the limitation provided for in Subparagraph (c) of this Paragraph, less any amounts properly disallowed during the six-month audit period. The Department of Revenue shall make additional rebates of sales and use taxes from a rebate request after certification by Louisiana Economic Development that additional net new jobs have been created. The Department of Revenue shall make such rebates from the current collections of the taxes collected pursuant to Chapter 2, Chapter 2-A, or Chapter 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, as amended. Any sales and use tax rebate issued pursuant to this Section shall be subject to subsequent audit by the Department of Revenue, and any rebate amount determined to be in excess of that which should have been allowed shall be subject to collection by the Department of Revenue.
(cc) Failure of the Department of Revenue to timely pay rebates as provided in this Item shall entitle the taxpayer to interest, which shall begin to accrue six months after the completed rebate request is received at the rate established pursuant to the provisions of R.S. 13:4202. Payments of interest authorized according to the provisions of this Section shall be made from the current collections of taxes collected pursuant to Chapter 2, Chapter 2-A, or Chapter 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, as amended.
(v) Requests for local sales and use tax rebates authorized pursuant to the provisions of this Section and R.S. 51:2456(B) shall be processed in accordance with the provisions of this Item. Within ninety days from the date that a properly completed rebate request submitted by a taxpayer is received by the appropriate local taxing authority, the taxing authority shall review the rebate request and issue a rebate check to the taxpayer for allowed items and shall notify the taxpayer of any disallowed items. For purposes of this Item, a properly completed rebate request shall mean a rebate request that includes the general information required on the face of the request, is signed, and includes a copy of each invoice and all required schedules. Within sixty days from receipt of the notification of disallowed items, the taxpayer shall resubmit a properly completed rebate request for disallowed items to the taxing authority for reconsideration. The time periods for reconsideration of disallowed items in a rebate request shall be the same as the time periods for consideration of the initial rebate request. Rebate requests may be submitted electronically with the approval of the local taxing authority. Failure by a local taxing authority to timely process and pay a local sales and use tax rebate in accordance with the provisions of this Item shall entitle the taxpayer to interest on the amount of the allowed items contained in the properly completed rebate request. Interest shall begin to accrue on the date the properly completed rebate request or reconsideration of disallowed items in a properly completed rebate request is received by the taxing authority at the rate established pursuant to the provisions of R.S. 13:4202.
(b) A refundable investment income tax credit equal to one and one-half percent of the amount of qualified expenditures. For purposes of this Paragraph, the term "qualified expenditures" shall mean amounts classified as capital expenditures for federal income tax purposes plus exclusions from capitalization provided for in Internal Revenue Code Section 263(a)(1)(A) through (L), minus the capitalized cost of land, capitalized leases of land, capitalized interest, capitalized costs of manufacturing machinery and equipment to the extent that the capitalized manufacturing machinery and equipment costs are excluded from sales and use tax pursuant to R.S. 47:301(3), and the capitalized cost for the purchase of an existing building. When a taxpayer purchases an existing building and capital expenditures are used to rehabilitate the building, the costs of the rehabilitation only shall be considered qualified expenditures. Additionally, a taxpayer shall be allowed to increase their qualified expenditures to the extent that a taxpayer's capitalized basis is properly reduced by claiming a federal credit. A taxpayer earns the investment tax credit in the year in which the project is placed in service, but the taxpayer may not claim the investment tax credit until Louisiana Economic Development signs the project completion report or such other time as provided for by rule or regulation. The project completion report for the refundable investment tax credit shall adhere to the same requirements found in Subparagraph (a) for the sales and use tax rebate.
(c)(i) For projects for which the advance notification is filed on or after April 1, 2016, the amount of the rebate of sales and use taxes and the investment income tax credit granted pursuant to the provisions of this Paragraph shall not exceed one hundred thousand dollars per net new job created under this Chapter.
(ii) A business shall not receive any sales and use tax rebate or refundable investment income tax credit until it has provided all documentation, including filing the annual certification report as required by rule, and has shown proof of the creation of the net new jobs.
(iii) For purposes of determining the maximum rebate or income tax credit allowed, each net new job shall only be counted once. The limitation provided for in this Subparagraph shall only apply to the sales and use tax rebates and refundable investment income tax credits granted to businesses participating in the Enterprise Zone Program.
(2)(a) Except as provided in Subparagraph (b) of this Paragraph, for a two thousand five hundred dollar tax credit per net new employee as determined by the company's average annual employment reported under the Louisiana Employment Security Law during the taxable year for which credit is claimed. For projects for which the advance notification form is filed on or after April 1, 2016, the amount of the credit provided for in this Subparagraph shall be one thousand dollars per net new employee, unless either the net new employee for which the credit is claimed was receiving Supplemental Nutrition Assistance Program (SNAP), Women, Infants, and Children (WIC), Medicaid, unemployment benefits, or any other benefits from a similar public assistance program, as provided for in rule by Louisiana Economic Development, during the six-month period prior to employment or the net new employee is hired by a participating business located in an enterprise zone. The amount of the credit for each net new employee meeting these qualifications shall be three thousand five hundred dollars. This tax credit may be applied to any state income tax liability, but not liabilities for penalty or interest, due or outstanding at the time the credit is generated. However, credits may be applied to a due or outstanding tax liability attributable to tax years prior to the year in which the credit is generated only if the tax liability is the result of an assessment, administrative, or judicial proceeding by the Department of Revenue after an audit, provided that no further interest or penalty shall be accrued on such tax liability after the credit is generated. If the entire credit cannot be used in the year claimed, the remainder may be applied against the income tax for the succeeding ten taxable years or until the entire credit is used, whichever occurs first. These credits shall also apply to those tax liabilities, but not liabilities for penalty or interest, identified in tax years where existing contracts generate the credit.
(b) In lieu of the tax credit provided in Subparagraph (a) of this Paragraph, for aviation or aerospace industries as defined in North American Industry Classification System (NAICS) Code 336411, 336412, 336413, and 332912, for a five thousand dollar tax credit for each new job created. This tax credit may be applied to any state income tax liability within a ten-year period from the date that the contract becomes effective or until the entire credit is used, whichever occurs first.
(c) Until June 30, 2009, in lieu of the tax credit provided in Subparagraph (a) of this Paragraph, for the motor vehicle parts manufacturing industry as defined in the 3363 NAICS Code Title, for a five thousand dollar tax credit for each new job created. This tax credit may be applied to any state income tax liability or any state franchise tax liability within a ten-year period from the date that the contract becomes effective or until the entire credit is used, whichever occurs first. As used in this Subparagraph, the term "NAICS" means the North American Industrial Classification System.
(d) Until June 30, 2012, in lieu of the tax credit provided in Subparagraph (a) of this Paragraph, for the rubber manufacturing industry as defined by NAICS Code 326211, a five thousand dollar tax credit for each new job created. This tax credit may be applied to any state income tax liability or any state franchise tax liability within a ten-year period from the date that the contract becomes effective or until the entire credit is used, whichever occurs first.
(3) The tax credit provided in Paragraph (2) of this Subsection shall be applicable as follows:
(a) For projects for which an advance notification was filed before April 1, 2016, only to a position within the state that did not previously exist in the business enterprise and that is filled by a person who is a citizen of the United States and who is domiciled in Louisiana, or who is a citizen of the United States and becomes domiciled in Louisiana within sixty days after his employment in such position, performing duties in connection with the operation of the business enterprise as a regular, full-time employee.
(b) For projects for which an advance notification was filed on or after April 1, 2016, only to a position within the state that is in excess of the median statewide number of employees of the business, including affiliates, that did not previously exist in the business enterprise prior to the contract effective date and that is filled by a person who is a citizen of the United States and who is domiciled in Louisiana, or who is a citizen of the United States and becomes domiciled in Louisiana within sixty days after his employment in such position, performing duties in connection with the operation of the business enterprise as a regular, full-time employee.
(c) The total number of credits allowed to a business enterprise for employees who are citizens of the United States and who become domiciled in Louisiana within sixty days after employment shall not exceed fifty percent of the total number of credits allowed to the business enterprise under the contract.
B. The board may enter into the contracts provided in Subsection A of this Section provided that:
(1) The business and its contractors give preference and priority to Louisiana manufacturers and, in the absence of Louisiana manufacturers, to Louisiana suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operational efficiency.
(2)(a) The request for such a rebate of sales and use tax is accompanied by an endorsement resolution approved by the governing body of the appropriate municipality, parish, port district, industrial development board, or other political subdivision or the written approval of the office of sheriff in the case of a law enforcement district, in whose jurisdiction the establishment is to be located. The endorsement resolution or letter of approval is to be submitted by the governing body or sheriff's office within ninety days of receipt of notification that the department has received an advance notification to file an application for benefits under this Chapter. The department shall notify the appropriate local governing body or sheriff's office of receipt of the application by certified mail.
(b) If the governing body of the appropriate jurisdiction has not submitted an endorsement resolution, written reasons for denial, or a written request for delay of consideration of the application, the board may take unilateral action, for the rebate of sales and use taxes imposed by the state only, in approving or denying the request.
(c) If there are no local sales and use taxes that can be rebated, as in the event that all such taxes are dedicated, no endorsement resolution shall be required of a local governing authority before the board considers its application for benefits under this Chapter.
(3)(a) The business certifies that at least fifty percent of its employees meet at least one of the following qualifications:
(i) Are residents of either:
(aa) Any enterprise zone in Louisiana, for a business located in an urban enterprise zone or a business not located in either an enterprise zone or an economic development zone.
(bb) The same parish as the location of the business, or any enterprise zone in Louisiana, for a business located in a rural enterprise zone, an economic development zone, or an enterprise zone in Calcasieu Parish.
(ii) Were receiving some form of public assistance during the six-month period prior to employment.
(iii) Were considered unemployable by traditional standards, or lacking in basic skills.
NOTE: Subparagraph (b) as amended by Acts 2015, No. 126, §1, eff. through June 30, 2018. See Acts 2016, 1st E.S., No. 28.
(b) In addition to the requirements of Subparagraph (a) of this Paragraph, eligibility for a retail business which is assigned a North American Industry Classification Code of 44 or 45 and has more than one hundred employees nationwide including affiliates prior to the contract effective date shall be limited to grocery stores and pharmacies located in an enterprise zone, as such terms are defined by the department by rules promulgated in accordance with the Administrative Procedure Act. Notwithstanding any other provision of law to the contrary, a retail business which is assigned a North American Industry Classification Code of 44, 45, or 722 and whose contract is not entered into before July 1, 2015, shall be ineligible to receive benefits pursuant to the provisions of this Section, unless the related advance notification form was filed before July 1, 2015. If the related advance notification form was filed before July 1, 2015, benefits are available provided the related claim for benefits is filed on or after July 1, 2016.
(c)(i) Notwithstanding any other provision of law to the contrary, a business that is assigned a North American Industry Classification Code of 5613 or 721, and whose advance notification is not filed before April 1, 2016, shall be ineligible to receive benefits pursuant to the provisions of this Section.
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, a retail business assigned a North American Industry Classification Code of 721 and has no more than fifty employees nationwide including affiliates prior to the contract effective date shall be eligible to receive benefits pursuant to this Section if the retail business files or enters into an advance notification on or after July 1, 2020, and before December 31, 2021. However, no retail business shall be eligible to earn benefits pursuant to this Item after June 30, 2023.
(d) The certifications required by Subparagraph (a) of this Paragraph shall be updated annually if the business is to continue receiving the benefits of this Chapter.
(e) In addition to the requirements of Subparagraph (a) of this Paragraph, a retail business which is assigned a North American Industry Classification Code of 44, 45, or 722, has no more than fifty employees nationwide including affiliates prior to the contract effective date, and which files or enters into an advance notification on or after July 1, 2020, and before December 31, 2021, shall be eligible to receive benefits pursuant to the provisions of this Section. However, no retail business shall be eligible to earn benefits pursuant to this Subparagraph after June 30, 2023.
(4)(a) The business makes its request for rebate of sales and use tax or the tax credit either:
(i) Prior to beginning construction of its building, or any addition or improvement thereon,
(ii) Prior to installation of the machinery or equipment to be used in the enterprise zone, or
(iii) Prior to beginning use of customer-owned tooling used in a compression molding process.
(b) At any time subsequent to the deadlines established in Items (i), (ii), and (iii) of Subparagraph (a), if the board determines that the business was unable, due to good cause, to file the request within the time frame provided, the board may consider a late request, but the business shall have the burden to establish good cause.
(5)(a) Except as provided in Subparagraph (b) of this Paragraph, the business creates either:
(i) A minimum of the lesser of five net new permanent jobs to be in place within the first two years of the contract period, as determined by the company's average annual employment reported under the Louisiana Employment Security Law.
(ii) The number of net new jobs equal to a minimum of ten percent of the existing employees, minimum of one, within the first year of the contract period, as determined by the company's average annual employment reported under the Louisiana Employment Security Law.
(b) For purposes of Subparagraph (a) of this Paragraph, the methodology for determining a company's average annual employment shall be established by department rule.
(c) A business which has an estimated construction period for its building greater than two years may, for good cause shown, obtain an extension of not more than two years to comply with the requirements of Subparagraph (a) of this Paragraph.
(d) Provided the business entering the contract provided in Subsection A of this Section is a nonprofit organization organized to finance the development and construction of buildings and infrastructure to serve a public institution of higher education, the new permanent jobs required in Subparagraph (B)(5)(a) of this Section may be created by the public institution of higher education.
(e) The provisions of this Section shall be applicable to all contracts entered into under the provisions of Subsection A of this Section after January 1, 2002.
(f) Due to the impacts of COVID-19 and hurricanes Laura and Delta, Louisiana Economic Development shall provide an option to companies with an active agreement to extend the time period for the creation of new jobs required in Subparagraph (a) of this Paragraph for an additional twelve months. This option shall be available only to companies that have an executed enterprise zone incentive contract with a due date impacted by COVID-19 Emergency Proclamations, Hurricane Laura, or Hurricane Delta and that notify the department of their preference in writing prior to the original certification due date, but not later than December 31, 2021. Notification to the department shall be in a manner consistent with the provisions of their existing contract.
(6) For purposes of R.S. 51:2456(B), a business shall be deemed to meet the enterprise zone hiring requirements and all other limitations, procedures, and requirements of this Section if the business meets the requirements of R.S. 51:2455(E)(1).
(7) For purposes of R.S. 51:3121(C)(4), a business shall be deemed to meet the enterprise zone hiring requirements and all other limitations, procedures, and requirements of this Section if the business creates a minimum of five new jobs in accordance with the program contract.
C. A transit-oriented development shall be eligible for the contract provided for in Subsection A of this Section only if all of the following conditions are met:
(1) Advance notification for the development is filed with the department after June 30, 2011, and before January 1, 2012.
(2) Construction of the development begins no later than one hundred eighty days after the project beginning date stated on the advance notification.
(3) The development and the business applying for enterprise zone incentives meet all other requirements of the Enterprise Zone Program.
D. Repealed by Acts 2007, No. 400, §2, eff. July 10, 2007.
E. The department, in cooperation with Louisiana Works, may enter into agreements with employers located in either urban or rural enterprise zones or in economic development zones under which the employers may receive Workforce Innovation and Opportunity Act funds, to the extent that these funds are received from the federal government.
F. No governing authority of a political subdivision or sheriff's office shall charge any fee or require any employment practice that conflicts with state or federal law as a precondition to authorizing tax benefits under this Chapter. The governing authority of each political subdivision or sheriff's office shall, after all requirements of this Chapter have been met, promptly rebate any sales and use taxes to the entity entitled to such rebate.
G. The board, after consultation with the secretaries of Louisiana Economic Development and the Department of Revenue, and with the approval of the governor, may enter into agreements with employers located in either urban or rural enterprise zones or in economic development zones under which employers may receive a two-year tax credit for a total of two thousand five hundred dollars for each FITAP participant who is employed full time for a period of not less than two years for compensation which will disqualify such person from continued participation in the FITAP program. This tax credit may be applied to any state income tax liability and shall be used for the taxable year in which the increase in average annual employment occurred. However, an employee shall be limited to two years participation under the program. No employer shall obtain a credit for more than ten employees in the first year of participation in the program authorized by this Section. Employers shall be eligible for tax credits under the program for ten years.
H. Repealed by Acts 2007, No. 400, §2, eff. July 10, 2007.
I. If the collecting agencies receive notice that the rebate or credit, or any part thereof, has ceased by reason of a violation of the terms of the contract under which it was granted, then the amount of the credit for the year in which the violation occurred and for each year thereafter in which the violation is not remedied shall be considered a tax due as of December thirty-first of the year in which the violation occurred, and for each year thereafter in which a credit is used and the violation is not remedied, and it shall be collected by the collecting agencies in the same manner and subject to the same provisions for the collection of other tax debts.
J. For purposes of filing the application provided for in Paragraph (A)(1) of this Section, the business filing the application, upon request, shall receive a thirty-day extension of time in which to file its application, provided such request for extension is received by the Department of Revenue prior to the expiration of such filing period. The Department of Revenue is also authorized to grant the business an additional extension of time, not to exceed sixty days, in which to file its application provided that the business shows reasonable cause for granting such extension.
K.(1) In addition to the incentives provided for in Subsection A of this Section, an essential critical infrastructure worker shall be eligible for a one-time hazard pay rebate based upon the worker's adjusted gross income.
(2) For purposes of this Subsection the following words shall have the following meanings unless the context clearly indicates otherwise:
(a) "Adjusted gross income" shall have the same meaning as used in R.S. 47:293.
(b) "Essential critical infrastructure worker" means a Louisiana resident individual who meets all of the following eligibility criteria:
(i) The worker is determined to be an essential critical infrastructure worker as that term is defined by the federal Cybersecurity & Infrastructure Security Agency in its publication "Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 3.1".
(ii) The worker was employed in at least one of the following essential critical infrastructure sector jobs on or after March 11, 2020:
(aa) Nurses, assistants, aides, medical residents, pharmacy staff, phlebotomists, respiratory therapists, and workers providing direct patient care in inpatient and outpatient dialysis facilities.
(bb) Housekeeping, laundry services, food services, and waste management personnel in hospitals and healthcare facilities.
(cc) Long-term care facility personnel, outpatient care workers, home care workers, personal assistance providers, home health providers, home delivered meal providers, childcare service providers.
(dd) Emergency medical services (EMS) personnel, fire and rescue personnel, law enforcement personnel, public health epidemiologists.
(ee) Bus drivers; retail fuel center personnel; sanitation personnel; residential, commercial, and industrial solid waste and hazardous waste removal personnel; storage and disposal personnel.
(ff) Grocery store, convenience store, and food assistance program personnel.
(gg) Mortuary service providers.
(hh) Veterinary service staff.
(iii) The worker was required to provide in-person services outside of the worker's residence substantially dedicated to responding to or mitigating the COVID-19 public health emergency for at least two hundred hours during the period from March 22, 2020, through May 14, 2020.
(c) "One-time hazard pay rebate" means a two hundred fifty dollar rebate for an essential critical infrastructure worker whose adjusted gross income is fifty thousand dollars or less as reported on the worker's 2019 Louisiana individual income tax return. If the 2019 Louisiana individual income tax return has not been filed at the time of applying for the rebate authorized in this Subsection, the 2018 Louisiana individual income tax return may be used in lieu of the 2019 Louisiana individual income tax return.
(3)(a) An applicant applying for the rebate shall not be required to file an advance notification and shall apply to the secretary of the Department of Revenue for the rebate in a manner and on forms as prescribed by the secretary beginning on July 15, 2020, through October 31, 2020. The secretary of the Department of Revenue may consult with the secretary of Louisiana Works and the secretary of Louisiana Economic Development to verify an applicant's eligibility for the one-time hazard pay rebate. Once the secretary of the Department of Revenue has verified that an applicant is eligible for the one-time hazard pay rebate, the secretary of the Department of Revenue shall certify a list of eligible applicants and approved one-time hazard pay rebate amounts and shall submit the approved list to the treasurer for payment. The treasurer shall make and credit rebate payments within ten days of receiving the list of approved applicants from the secretary of the Department of Revenue. Funding for the program provided for in this Subsection shall be comprised of twenty-five million dollars from the Coronavirus Local Recovery Allocation Fund established in R.S. 39:100.43 and twenty-five million dollars from the Louisiana Main Street Recovery Fund established in R.S. 39:100.44.
(b) The total amount of rebates issued pursuant to the provisions of this Subsection shall not exceed fifty million dollars. However, the treasurer may pay additional rebates if monies are made available for the payment of these rebates and the payment of additional rebates is approved by the Joint Legislative Committee on the Budget.
(4) Any provisions of Subsections A through J of this Section deemed inconsistent with the provisions of this Subsection shall be inapplicable to the one-time hazard pay rebate for essential critical infrastructure workers.
(5) Notwithstanding any provision of law to the contrary, the one-time hazard pay rebate provided for in this Subsection shall not be subject to seizure pursuant to R.S. 13:3881 except for seizure of spousal or child support payments.
(6) The secretary of the Department of Revenue may promulgate rules, including emergency rules as deemed necessary by the secretary, in accordance with the Administrative Procedure Act as are necessary to implement the provisions of this Subsection, including rules related to the recapture of the one-time hazard rebate if an applicant is subsequently determined to be ineligible for the rebate. The recapture of a rebate shall be an obligation to be collected and accounted for in the same manner as if it were a tax due to the secretary of the Department of Revenue.
L. The department shall not accept any advance notification on or after July 1, 2025.
Acts 1995, No. 194, §1, eff. June 14, 1995; Acts 1995, No. 581, §2, eff. June 18, 1995; Acts 1997, No. 624, §1; Acts 1997, No. 1155, §5; Acts 1997, No. 1172, §10, eff. June 30, 1997; Acts 1999, No. 386, §1; Acts 1999, No. 977, §1; Acts 2000, No. 46, §1, eff. July 1, 2000; Acts 2002, No. 36, §2, eff. June 25, 2002; Acts 2003, No. 1203, §1; Acts 2003, No. 1240, §1, eff. July 1, 2003; Acts 2005, No. 388, §1, eff. June 30, 2005; Acts 2005, No. 339, §1, eff. June 30, 2005; Acts 2005, No. 443, §1, eff. July 1, 2005; Acts 2006, No. 844, §1, eff. July 5, 2006; Acts 2007, No. 271, §1, eff. July 6, 2007; Acts 2007, No. 279, §1, eff. July 6, 2007; Acts 2007, No. 400, §§1, 2, eff. July 10, 2007; Acts 2008, No. 720, §§1, 2, eff. July 1, 2008; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2011, No. 359, §1, eff. June 29, 2011; Acts 2013, No. 423, §1, eff. June 21, 2013; Acts 2015, No. 114, §1, eff. June 19, 2015; Acts 2015, No. 126, §1, eff. July 1, 2015; Acts 2015, No. 426, §6; Acts 2016, 1st Ex. Sess., No. 18, §1, eff. March 10, 2016; Acts 2016, 1st Ex. Sess., No. 28, §2, eff. April 1, 2016; Acts 2017, No. 206, §1, eff. June 14, 2017; Acts 2017, No. 386, §2, eff. June 23, 2017; Acts 2018, No. 11, §1, eff. June 12, 2018; Acts 2020, 1st Ex. Sess., No. 12, §2, eff. July 13, 2020; Acts 2020, 1st Ex. Sess., No. 28, §1, eff. July 1, 2020; Acts 2020, 2nd Ex. Sess., No. 41, §1, eff. Oct. 28, 2020; Acts 2024, 3rd Ex. Sess., No. 5, §2, eff. Jan. 1, 2025; Acts 2024, 3rd Ex. Sess., No. 6, §2, eff. Jan. 1, 2026; Acts 2024, 3rd Ex. Sess., No. 11, §3, eff. Dec. 4, 2024.
NOTE: See Acts 2013, No. 423, §2, regarding applicability.
NOTE: See Acts 2018, 2nd Ex. Sess., No. 11, §4.
A. Notwithstanding any other provision of law to the contrary, until January 1, 1996, the board may enter into a contract for the benefits of this Chapter, pursuant to R.S. 51:1787, with a business which was located within the boundaries of an enterprise zone prior to May 19, 1994, but which is not currently located within the boundaries of an enterprise zone, as follows:
(1) If the business was within the boundaries of a former urban enterprise zone, it shall meet all requirements of R.S. 51:1787(B), except Paragraph (3) of that Subsection. However, for purposes of meeting the requirements of R.S. 51:1787(B)(4)(a), the boundaries of the former urban enterprise zone may be used.
(2) If the business was within the boundaries of a former rural enterprise zone, it shall meet all requirements of R.S. 51:1787(D), except Paragraph (3) of that Subsection.
B. Notwithstanding any other provision of law to the contrary, as of January 1, 1996, the board may enter into additional contracts for the benefits of this Chapter, pursuant to R.S. 51:1787, with a business located within the boundaries of an enterprise zone prior to May 19, 1994, but not currently located within the boundaries of an enterprise zone if that business held such a contract with the board prior to January 1, 1996, and complies with the provisions of Paragraph (1) or (2) of Subsection A of this Section.
Added by Acts 1981, No. 901, §1; Acts 1995, No. 581, §2, eff. June 18, 1995.
Any other provision of law to the contrary notwithstanding, a city or parish governing body, which is also the governing authority of an enterprise zone or an economic development zone and which has authority to issue revenue bonds, may sell such bonds and use the proceeds for loans to any new or expanding business or industry in that enterprise zone or economic development zone.
Added by Acts 1981, No. 901, §1; Acts 1995, No. 581, §2, eff. June 18, 1995.
The governing authority of an enterprise zone or economic development zone may contract with a community organization or a volunteer or non-profit charitable organization to provide management services for the zone.
Added by Acts 1982, No. 120, §1. Acts 1995, No. 581, §2, eff. June 18, 1995.
Notwithstanding any other provision of law to the contrary, any parish with a population of seventy-five thousand or less according to the latest federal decennial census shall be authorized to establish at least one rural enterprise zone and one economic development zone which do not otherwise qualify for an enterprise zone or an economic development zone under the criteria established pursuant to this Chapter subject to approval by the department and the Board of Commerce and Industry. Any enterprise zone or economic development zone established pursuant to this Section shall comply with all other requirements of law as established by this Chapter, including but not limited to the provisions of R.S. 51:1785, 1786, and 1787 insofar as those provisions are otherwise applicable to enterprise zones and economic development zones.
Acts 1995, No. 581, §2, eff. June 18, 1995; Acts 1997, No. 647, §1; Acts 2013, No. 423, §1, eff. June 21, 2013.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
As used in this Chapter, the following terms and phrases have the meaning ascribed to them unless the context requires otherwise:
(1) "Business opportunity" means the sale or lease for an initial required consideration exceeding three hundred dollars of any goods or services which are transferred to a purchaser for the purpose of enabling the purchaser to start a business, and in which the seller or agent:
(a) Represents that the seller or an entity to which it will refer the purchaser, will provide or assist the purchaser in finding business locations on premises neither owned nor leased by the purchaser or seller for the use or operation of vending machines, racks, display cases, currency-operated amusement machines, or other similar devices; or
(b) Represents that the seller, or any entity to which it will refer the purchaser, will purchase any or all products to be sold, made, produced, fabricated, assembled, grown, bred, or modified by the purchaser using in whole or in part the supplies, services, or goods sold to the purchaser by the seller; or
(c) Guarantees that the purchaser is to derive income from the business opportunity which exceeds the price paid for the business opportunity, or that the seller is to refund all or part of the price paid for the business opportunity, or repurchase any of the products, equipment, supplies, or goods supplied by the seller, if the purchaser is unsatisfied with the business opportunity; or
(d) Represents that for a fee exceeding three hundred dollars the seller will provide a sales plan or marketing program which will enable the purchaser to derive income from the business opportunity which exceeds the price paid for the business opportunity. This provision shall not apply to the sale or lease of a sales plan or marketing program made in conjunction with the licensing of a registered trademark or service mark.
"Business opportunity" does not include the sale of an ongoing business when the owner of that business sells and intends to sell only that one business, and does not include the sale, not for profit, of sales demonstration equipment, materials, or samples for a total price of five hundred dollars or less.
(2) "Initial required consideration" includes consideration required by express condition or practical necessity, or for which the buyer or lessee becomes obligated before the commencement of the business, or during the following one hundred eighty days.
(3) "Seller" means a person or entity which sells or leases, or offers to sell or to lease a business opportunity.
(4) "Agent" means a person who solicits prospective purchasers or negotiates on behalf of a seller.
(5) "Department" means the Department of Justice.
Added by Acts 1981, No. 814, §1; Acts 1988, No. 625, §6.
A. A business opportunity seller shall maintain a surety bond issued by a surety company authorized to do business in this state in the amount of fifty thousand dollars. The bond shall be in favor of the state for the use, benefit, and indemnity of any person who suffers any damage or loss as a result of the seller's dishonesty, unfair or deceptive practice, breach of the contract for the business opportunity sale or any duty arising therefrom, or violation of law.
B. A business opportunity agent, whether an independent contractor, a broker, or an employee of the seller, shall maintain a surety bond issued by a surety company authorized to do business in this state in the amount of twenty-five thousand dollars. The bond shall be in favor of the state for the use, benefit, and indemnity of any person who suffers any damage or loss as a result of the agent's dishonesty, unfair or deceptive practice, breach of a duty, or violation of law.
C. The department may at any time require a seller or agent to file a new or additional bond in the amount of the original bond whenever he deems the security of a bond required by this Section to be unsatisfactory or finds that a bond has become insufficient to satisfy all claims accrued or contingent against the principal.
D. The state or any person claiming against the bond may maintain an action for damages or other relief against the principal or the surety, or both. The liability of the surety for all breaches of the conditions of the bond provided herein shall in no event exceed the amount of the bond.
E. The seller and agent shall file the bonds required of them with the department before doing any business in this state, including advertising or soliciting. New or additional bonds shall be filed before continuing business in this state.
F. Whoever violates the provisions of Subsections A, B, or E of this Section shall be guilty of a misdemeanor, punishable by a fine of five hundred dollars and by imprisonment for not more than six months.
G. The bonding requirements of this Section shall apply only to business opportunities as defined in R.S. 51:1821(1)(a), (b), or (c).
H. The term of a bond required by this Section shall be continuous. The surety on said bond may terminate the bond upon giving a sixty-day written notice to the assistant secretary and the principal; however, the liability of the surety for the acts of the principal shall continue during the sixty-day period. The notice shall not release the surety from liability which accrues before the termination becomes final, but which is discovered after that date.
Acts 1988, No. 625, §6; Acts 2001, No. 819, §1.
No business opportunity seller or agent shall:
(1) Represent that a business opportunity provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential and discloses this data to the prospective purchaser at the time such representations are made.
(2) Advertise or make any written reference to a specific range or level of income or earning potential without setting forth the following disclosure, with blanks completed in print as large or larger than that referring to income or earning potential:
"No assurance of earnings or ranges of earnings can be made. The number of purchasers who have earned more through this business than they invested is at least _________. This is ________ percent of the total number of purchasers. This information is current as of (date)".
(3) Use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of any business which does not either control the ownership interest in the seller or expressly permit the seller to use its trademark, service mark, trade name, logotype, advertising, or other commercial symbol.
(4) Make or authorize the making of any reference to its compliance with this Chapter in any advertisement or contract with prospective purchasers.
(5) Use advertising which does not include the actual business name of the seller, and, if it differs, the name under which the business opportunity is operated, and the street address of the principal place of business of the seller.
(6) Fail to embody the sale or lease in a written agreement, or to include in that agreement all material statements, representations, or promises made orally prior to execution of the written agreement by the seller or agent, or both.
(7) Include in any agreement a waiver of the purchaser's rights established by law.
(8) Offer, sell, or lease a business opportunity in Louisiana without appointing the secretary of state as its agent in Louisiana authorized to receive service of process.
(9) Fail to provide, upon request of a district attorney, the attorney general, or the assistant secretary, documented data to substantiate claims of income or earning potential.
Added by Acts 1981, No. 814, §1.
A violation of any of the provisions of this Chapter shall constitute an unfair practice under the provisions of R.S. 51:1401 through R.S. 51:1418.
Added by Acts 1981, No. 814, §1.
For the purposes of this Chapter, the following definitions shall apply to the terms used herein:
(1) "Charitable Organization" means a person who is or holds himself out to be a benevolent, civic, recreational, educational, voluntary, health, law enforcement, social service, philanthropic, fraternal, humane, patriotic, religious, or eleemosynary organization.
(2) "Contribution" means the promise or grant of any money, property, or services of any kind or value.
(3) "Person" means any individual, organization, trust, foundation, group, association, partnership, corporation, society, other entity, or any combination of them.
(4) "Authority" means the state of Louisiana or any agency thereof, or any parish, municipality, political subdivision, or entity established by law for the purpose of operating a public transportation facility.
(5) "Facility" means any public transportation facility, including, but not limited to, railroad stations, bus stations, ship ports, ferry terminals, roadside welcome stations, highway service plazas, airports served by scheduled passenger service, or highway rest areas.
(6) "Professional solicitor" means any person who, for financial consideration, solicits contributions for or on behalf of a charitable organization, whether such solicitation is performed personally or through his agents, servants, or employees or through agents engaged in the solicitation of contributions under the direction of such person. A salaried officer or salaried employee of a charitable organization maintaining a permanent establishment within the state shall not be deemed to be a professional solicitor. However, any salaried officer or salaried employee of a charitable organization who engages in the solicitation of contributions in any manner for more than one charitable organization, if a fee is charged for services to the organization other than the one that he is employed by, shall be deemed a professional solicitor. This definition shall not apply to a person who solicits contributions on behalf of a charitable organization on a voluntary basis. Persons making interstate solicitations from Louisiana or making interstate solicitations into Louisiana for charitable organizations are deemed to be professional solicitors.
(7) "Department" means the Louisiana Department of Justice.
(8) "Commercial co-venturer" means any person who for profit regularly and primarily is engaged in trade or commerce other than in soliciting for charitable organizations or charitable purposes and who conducts a charitable sales promotion or advertises that a portion of revenue will be donated to a nonprofit entity.
Added by Acts 1981, No. 849, §1; Acts 1986, No. 906, §1; Acts 1987, No. 274, §1; Acts 1987, No. 784, §1; Acts 1995, No. 1053, §1; Acts 1997, No. 228, §1; Acts 1997, No. 943, §1.
A. Not less than ten days prior to doing business in this state, a professional solicitor shall register with the department by filing an application, application fee, and bond with the department as provided in this Section.
B. An application for registration or renewal of registration shall be in writing, shall be signed and sworn to by the principal officer of the professional solicitor, and shall be in the form prescribed by the department.
C. An application for registration or renewal of registration shall be accompanied by a fee of one hundred fifty dollars. A professional solicitor which is a partnership or corporation may register for and pay a single fee on behalf of all its partners, officers, directors, and employees.
D. At the time of making application for registration and renewal of registration, any professional solicitor with custody or control of contributions made to a charitable organization shall file a department-approved bond with the state treasurer. The applicant shall be the principal obligor and shall maintain the bond in effect as long as the registration is in effect. The bond shall be for twenty-five thousand dollars or greater, as prescribed by the department, with one or more corporate sureties licensed to do business in this state whose liability in the aggregate at least equals the amount of the bond. The bond shall run to the state for the use of the department and to any person who may have a cause of action against the obligor of the bond for any losses resulting from malfeasance, nonfeasance, or misfeasance in the conduct of solicitation activities. A professional solicitor which is a partnership or corporation may file one twenty-five thousand dollar bond, or an amount specified by the department, on behalf of all its partners, officers, directors, and employees. A professional solicitor who qualifies as a telephonic seller and is required to file a bond pursuant to R.S. 45:829 shall be exempt from the bonding requirements of this Subsection.
E. Each registration as a professional solicitor shall be valid for a period of one year and may be renewed for additional one-year periods as provided in this Section. No person shall act as a professional solicitor after the expiration, suspension, or revocation of registration or renewal of registration.
Acts 1995, No. 1053, §1.
A. Prior to the commencement of any charitable sales promotion in this state conducted by a commercial co-venturer on behalf of a charitable organization, the commercial co-venturer shall obtain the written consent of the charitable organization whose name will be used during the charitable sales promotion.
B. In conducting a charitable sales promotion, if the actual dollar amount or percentage per unit of goods or services purchased or used that will benefit the charitable organization or charitable purpose has been determined, the commercial co-venturer shall disclose the amount or percentage in each advertisement for the charitable sales promotion. If the actual dollar amount or percentage per unit of goods or services purchased or used that will benefit the charitable organization or charitable purpose cannot be reasonably determined prior to the beginning of the charitable sales promotion, the commercial co-venturer shall disclose an estimated amount or percentage in each advertisement for the charitable sales promotion. The estimate shall be reasonable and shall be based on all the relevant facts known to the commercial co-venturer and the charitable organization.
C. A commercial co-venturer shall keep a final accounting for each charitable sales promotion that it conducts for a period of three years following the completion of the charitable sales promotion. A commercial co-venturer shall provide a final accounting for each charitable sales promotion that it conducts to the charitable organization on whose behalf the charitable sales promotion was conducted not later than ten days after the charitable organization requests it. A commercial co-venturer shall provide to the department a copy of the final accounting for each charitable sales promotion that it conducts not later than ten days after the department requests it.
D. To the extent necessary to protect the public from fraudulent or deceptive advertising, the department may adopt rules requiring commercial co-venturers to disclose in advertisements for a charitable sales promotion the actual or estimated amount or percentage of goods or services purchased that will benefit the charitable organization, sponsor, or charitable purpose or sponsor purpose, and to disclose the specific name of the recipient charity.
Acts 1997, No. 228, §1.
A. Any charitable organization, solicitor therefor, or person controlling or possessing such information shall provide, upon request, to any district attorney, the attorney general, or donor the following information:
(1) Information relevant to or as substantiation for:
(a) Any express or implied claims that an organization is a benevolent, civic, recreational, educational, voluntary, health, law enforcement, social service, philanthropic, fraternal, humane, patriotic, or religious organization; or that said organization delivers certain goods or services.
(b) Disclosure statements required by R.S. 51:1903 and 1904.
(2) The names and residential addresses of all incorporators, shareholders, directors, officers, sales persons, and employees of the organization.
(3) Any information or documentation required under the Louisiana Unfair Trade Practices and Consumer Protection Law.
B. Failure to provide the information requested in Paragraph A(3) of this Section shall constitute an unfair and deceptive trade practice under the Louisiana Unfair Trade Practices and Consumer Protection Law.
Added by Acts 1981 No. 849, §1; Acts 1995, No. 1053, §1.
A.(1) The Louisiana State Police and each law enforcement entity which is a department of a parish or local governmental entity may designate one benevolent organization as its "sanctioned benevolent organization". The designated benevolent organization must be the organization with the highest number of officers as members in that law enforcement entity. The law enforcement entity must notify the consumer protection section of the Department of Justice of this designation.
(2) Any such sanctioned benevolent organization may, in its solicitation, include the information that it is the sanctioned benevolent organization of its sponsoring law enforcement entity.
(3) Any benevolent organization not so sanctioned must disclose at the outset of its solicitation, in addition to all other disclosures required under this Chapter, that it is not sanctioned by any law enforcement entity in the state of Louisiana.
B. Any person soliciting donations, contributions, or payments for goods or services to organizations which expressly or impliedly hold themselves out to be law enforcement organizations, publications of law enforcement organizations, or promoters of activities to benefit law enforcement organizations or law enforcement officers must disclose the following at the outset of the solicitation:
(1) The actual name of the caller and the city, town, or parish and state from which he is calling.
(2) The exact name and principal business address of the soliciting organization or publication.
(3) The total number of active or retired law enforcement personnel who are members of each beneficiary organization or subscribers, in the case of a publication, and the percentage of these who are Louisiana residents.
(4) In the case of a publication, the total number of copies of the most recently published issue individually addressed and mailed to law enforcement officers.
(5) In the case of a publication, no bill or invoice may be sent by the publication for the purchase of a subscription or advertising space unless the publication has received a signed order for each subscription or each advertising placement before the bill or invoice is sent.
Added by Acts 1981, No. 849, §1; Acts 1997, No. 333, §1.
Any person soliciting donations, contributions or payments for goods or services to organizations which expressly or impliedly hold themselves out to be fire fighting organizations, publications of fire fighting organizations, or promoters of activities to benefit fire fighting organizations or fire fighting officers must disclose the following at the outset of the solicitation:
(1) The actual name of the caller and the city, town, or parish and state from which he is calling.
(2) The exact name and principal business address of the soliciting organization or publication.
(3) The total number of active or retired fire fighting personnel who are members of each beneficiary organization or subscribers, in the case of a publication, and the percentage of these who are Louisiana residents.
(4) In the case of a publication, the total number of copies of the most recently published issue individually addressed and mailed to fire fighting officers.
Added by Acts 1981, No. 849, §1.
It is an unfair and deceptive act or practice for a professional solicitor, in connection with any charitable solicitation, to:
(1) Fail to provide all of the following information prior to an oral charitable solicitation or at the same time a written charitable solicitation is made:
(a) A clear and conspicuous statement that the solicitation is being performed by a for-profit fundraising firm.
(b) The identity of the for-profit fundraising firm.
(c) The specific charitable purpose for which the charitable solicitation is being conducted.
(2) Fail to provide any of the following information if requested by the consumer:
(a) The percentage of funds solicited which are designated for the charitable organization.
(b) The percentage of funds solicited which are designated for the for-profit fundraising firm.
(c) The percentage of funds to the charitable organization that are used for a charitable purpose.
Acts 1995, No. 1053, §1.
A. It shall be unlawful for any charitable organization, solicitor therefor, or person owning, managing, directing, representing, or acting as agent for any charitable organization, an organization soliciting contributions for any charitable organization, or an organization claiming to sell merchandise, products, goods, or services for charitable purposes to engage in unfair methods of competition, unfair or deceptive practices, or misrepresentation.
B. Prohibited acts include, but are not limited to:
(1) False claims that an organization is charitable, nonprofit, or tax exempt.
(2) False claims that an organization is composed of other named or unnamed charitable organizations.
(3) Unauthorized use of the names and implied endorsements of bona fide charitable organizations in the absence of written, notarized authorizations dated less than six months prior to the date the solicitation or sale is made.
(4) False claims concerning the number or membership characteristics of members within the charitable organization.
(5) False claims of the contributions made to other bona fide charitable organizations.
(6) False claims made concerning the date, location, number of participants or attendees, or nature of staged charitable events.
(7) False claims concerning the number of employees or solicitors paid by an organization, the salaries and expenses paid to its staff, management or directors, or the percentage of administrative costs involved in any fund raising activity.
(8) Use of false or fictitious names or addresses for a charitable organization or use of false, fictitious names or aliases by any solicitor, employee, representative, agent, or management official.
(9) False claims that merchandise, products, goods, or services are made by, provided by, or sold on behalf of a charitable organization.
(10) False claims that the profits from sales of merchandise, products, goods, or services are predesignated as contributions to a charitable organization.
Acts 1987, No. 700, §1.
A. It shall be unlawful for any charitable organization, solicitor therefor, or person owning, managing, directing, representing, or acting as agent for any charitable organization to engage in unfair or deceptive practices or misrepresentations regarding the purposes for which funds are being solicited.
B. In addition to other remedies or penalties provided by law, if any charitable organization, solicitor therefor, or person owning, managing, directing, representing, or acting as agent for any charitable organization represents, either orally or in writing, that the proceeds of the solicitation shall be used for a specific person, event, facility, institution, or project, the person, sponsor of the event, or owner or operator of the facility, institution, or project named as beneficiary may file suit:
(1) To enjoin any unauthorized use of its name or other actions which are in violation of this Section.
(2) To obtain the proceeds of the solicitation, as a third party beneficiary under Civil Code Article 1978, if the proceeds are not forthcoming from the charitable organization, solicitor therefor, or person owning, managing, directing, representing, or acting as agent for any charitable organization.
Acts 1997, No. 819, §2, eff. July 10, 1997.
A. Any person who is not affiliated with or acting on behalf of a charitable organization, who places, maintains, services, and collects contents from a donation receptacle placed in public view that is placed for the purpose of collecting donated clothing, household items, or other such donated items for future resale or subsequent donation for purposes of claiming a tax deduction shall permanently affix to the receptacle a label or sign, with lettering no less than three inches in height and one half inch in width, that includes all of the following information:
(1) A statement that reads "DONATIONS MADE IN THIS RECEPTACLE SUPPORT A COMMERCIAL BUSINESS (INSERT NAME OF BUSINESS) AND DO NOT QUALIFY AS CHARITABLE CONTRIBUTIONS FOR TAX PURPOSES."
(2) The person's name, telephone number, electronic mail address, and physical address.
B. Violation of Subsection A of this Section shall constitute an unfair trade practice under the Unfair Trade Practices Law.
Acts 2010, No. 172, §1.
A. Any person desiring to solicit funds within a public transportation facility shall first obtain a written permit designating the times, dates, and area or areas where solicitation of funds is permitted from the authority responsible for the administration of the facility. A written application for such permit shall be submitted to the authority and shall contain the following:
(1) The full name, street address, mailing address and telephone number of the person or organization sponsoring, promoting, or conducting the proposed activities.
(2) The full name, street address, mailing address and telephone number of each person who will participate in such activities and of the person who will have supervision of and responsibility for the proposed activities.
(3) A description of the proposed activities indicating the type of communication to be involved.
(4) The dates on and the hours during which the activities are proposed to be carried out and the expected duration of the proposed activities.
(5) The number of persons to be engaged in such activities.
B. The organization sponsoring the proposed activities shall attach to the application a Section 501(C) tax exemption statement of the Internal Revenue Code showing it is a bona fide charitable organization.
C. The authority may require an applicant to include any additional information which it determines is reasonably necessary to identify the organization or persons involved. The authority may effectuate appropriate restrictions on the hours and location of such activities and the number of persons involved in soliciting funds.
Acts 1987, No. 274, §1; Acts 1987, No. 784, §1.
The solicitation of funds by charitable organizations shall be conducted only in or upon those premises which are nonsecured, public use areas and may be restricted to a specific location. Solicitation of funds shall not be conducted in the following places:
(1) In any area reserved for a particular use, such as a parking area, restroom facility, restaurant, ticket counter, baggage claim area, vehicular travel areas, or pedestrian walkways.
(2) Within any area leased exclusively to a tenant by the authority operating the facility.
(3) Within ten feet of any door area.
(4) Within fifty feet of an airport security check area.
(5) Inside a visitor information center.
Acts 1987, No. 274, §1; Acts 1987, No. 784, §1.
Each individual soliciting funds shall prominently display on his person a badge, provided by the sponsoring person or organization and approved by the authority, bearing the signature of a responsible officer of the authority and that of the person soliciting funds, and describing the person soliciting funds by name, age, height, weight, eye color, hair color, street address, principal occupation, and indicating the name of the organization for which funds are being solicited.
Acts 1987, No. 274, §1; Acts 1987, No. 784, §1.
A. In conducting any activity under the provisions of this Chapter, no person shall do any of the following activities:
(1) Obstruct, delay, or interfere in any way with the free movement of any other person; seek to coerce or physically disturb any other person; or hamper or impede the conduct of any authorized business at the facility.
(2) Use any sound or voice-amplifying apparatus on the premises of the facility.
(3) Use any drum, bell, tambourine, horn, or other noisemaking device on the premises of the facility.
(4) Indicate to the public in any manner that he is a representative of the facility.
(5) Misrepresent his identity.
(6) Simulate enforcement of a violation of any parking regulation or other law on the premises of the facility.
(7) Be under sixteen years of age.
(8) Persist after solicitation of funds has been declined.
(9) Engage in dancing, singing, or chanting on the premises of the facility.
(10) Give, offer, or sell food or drinks on the premises of the facility.
B. A facility manager, or his authorized representative, may declare an emergency because of excessively or unusually congested conditions in a facility due to adverse weather, interruptions of a schedule, or extremely heavy traffic movements, or for emergency security measures. In the event of an emergency, an announcement to this effect shall be made. Any person soliciting contributions immediately shall cease such activities for the duration of the emergency.
C. The authority may suspend or revoke the permit held by any person for good cause shown. Good cause shall include, but is not limited to, the following:
(1) Violation of a restriction imposed by the authority.
(2) Continued, substantial complaints from the public about harassment on the premises of the facility.
(3) Any action that adversely affects the health or safety of the public while on the premises of the facility.
(4) Fraud or misrepresentation in any application.
Acts 1987, No. 274, §1; Acts 1987, No. 784, §1.
A. Repealed by Acts 1997, No. 943, §2.
B. The attorney general may send notice to any person not in compliance with the registration provisions of this Chapter. Failure to register within thirty days after receipt of this notice will, after a hearing in a court of competent jurisdiction, result in a fine of not more than five hundred dollars per day for each day the professional solicitor fails to register.
C. Violation of any provision of this Chapter shall constitute an unfair trade practice under the Unfair Trade Practices and Consumer Protection Law.1
D. Whoever violates any provision of this Chapter shall, after a hearing in a court of competent jurisdiction, be fined not more than five thousand dollars for the first offense and not more than ten thousand dollars for any subsequent offense and shall also be subject to the civil penalties, including injunctive relief, contained in the Unfair Trade Practices and Consumer Protection Law.
Added by Acts 1981, No. 849, §1; Acts 1987, No. 274, §1; Acts 1987, No. 700, §1; Acts 1987, No. 784, §1; Acts 1995, No. 1053, §1; Acts 1997, No. 228, §1; Acts 1997, No. 943, §§1, 2.
1R.S. 51:1401 et seq.
A. Absent the showing of a compelling state interest, no state agency or state official shall impose any additional annual filing or reporting requirements by rule or policy on a charitable organization that are more restrictive than the specific requirements for charitable organizations under federal or state law.
B. Notwithstanding any other provisions of law to the contrary, any such filing or reporting requirement that is more restrictive may be reviewed by the Senate Committee on Commerce, Consumer Protection and International Affairs and the House Committee on Commerce.
C. The provisions of Subsection A of this Section shall not apply to the state's direct spending programs including state grants and state contracts, nor to fraud investigations, and shall not restrict enforcement actions against a specific nonprofit organization.
D. For the purposes of this Chapter, "charitable organization" means a person who is or holds himself out to be a benevolent, civic, recreational, educational, voluntary, health, law enforcement, social service, philanthropic, fraternal, humane, patriotic, religious, or eleemosynary organization.
Acts 2022, No. 262, §1, eff. June 3, 2022.
For purposes of this Chapter the following definitions apply:
(1)(a) A "loan broker" is any person, firm, or corporation who, in return for any consideration from any person, promises to:
(i) Procure for such person, or assist such person in procuring a loan from any third party, or
(ii) Consider whether or not it will make a loan to such person.
(b) This Chapter shall not apply to:
(i) Any party designated and compensated by a Louisiana licensed insurance company as its agent to service loans it makes in this state;
(ii) Any attorney who arranges financing incidentally in the lawful practice of law in this state;
(iii) Any person licensed by the Louisiana Real Estate Commission who arranges financing in the normal course of representation of a client for the purchase, sale, lease, or rental of real estate;
(iv) Any financial institution chartered under Title 6 of the Louisiana Revised Statutes of 1950, a national financial institution chartered under the laws of the United States, any bank, banking institution, savings and loan, or credit union licensed and regulated by the financial institution regulatory body of any state, or a financial institution chartered under the laws of another state, or the officers or employees of the aforesaid banking or financial institutions in the performance of their duties for such banking or financial institutions;
(v) A lender licensed pursuant to the Louisiana Consumer Credit Act or by the Louisiana Office of Financial Institutions; however, such exemption shall apply only to the brokering of consumer loans.
(vi) Any person, corporation, or association licensed by the Louisiana Motor Vehicle Commission;
(vii) Any approved lender, or its employees, under the rules and regulations of the Federal Housing Administration, the Veterans Administration, the Federal National Mortgage Association, or any similar federal agency;
(viii) Any person whose fee is wholly contingent on the successful procurement of a loan from a third party and to whom no fee is paid prior to such procurement; or
(ix) Any person arranging financing for the sale of his product.
(x) Any person licensed pursuant to the Residential Mortgage Lending Act who engages in residential mortgage lending activities as defined in Chapter 14 of Title 6 of the Louisiana Revised Statutes of 1950.
(xi) Any income tax preparer who is an authorized Internal Revenue Service e-file provider and whose only brokering activity is facilitating refund anticipation loans, as defined in R.S. 9:3572.2(B)(9).
(2) A "loan" is an agreement to advance money or property in return for the promise to make payments therefor, whether such agreement is styled as a loan, a lease, or otherwise.
Added by Acts 1982, No. 811, §1. Acts 1984, No. 465, §1; Acts 1986, No. 729, §2; Acts 2000, 1st Ex. Sess., No. 34, §3, eff. April 14, 2000; Acts 2003, No. 665, §3, eff. June 27, 2003.
A. Every loan broker must obtain a surety bond issued by a surety company authorized to do business in Louisiana, or establish a trust account with a licensed and insured bank or savings institution located in Louisiana. The amount of the bond or trust account shall be twenty five thousand dollars. The bond or trust account shall be in favor of the state of Louisiana. Any person damaged by the loan broker's breach of contract or of any obligation arising therefrom, or by any violation of law, or the attorney general seeking additional relief under R.S. 51:1408, may bring an action against the bond or trust account to recover monies therefrom. The aggregate liability of the surety or trustee shall be only for actual damages or additional relief under R.S. 51:1408 and in no event shall exceed the amount of the bond or trust account.
B. The term of the bond shall be continuous, but it shall be subject to termination by the surety upon giving sixty days written notice to the principal and to the state treasurer. The bond shall continue in effect during the sixty day period.
C. A copy of said bond shall be conspicuously posted at any business location of the broker near the location where payments are received.
D. It shall be unlawful for any loan broker or its agent or employee to post an expired bond or a bond which does not meet the requirements of this Chapter.
E. It shall be unlawful for any loan broker or its agent or employee to collect or attempt to collect any deposit or payment toward a fee where a valid bond as required by Subsections A and B herein is not posted as required by Subsection C herein.
F. Any person who is found guilty of any act prohibited by this Section shall be guilty of a misdemeanor and shall be fined five hundred dollars, and may be imprisoned for up to six months, or both.
Added by Acts 1982, No. 811, §1.
A. Prior to placing any advertisement or making other representations to prospective borrowers in this state, every loan broker shall file with the state treasurer a copy of the disclosure statement required by R.S. 51:1914 and either a certified copy of the bond or a certified copy of the formal notification by the depository that the trust account required by R.S. 51:1911A is established. These filings shall be updated as any material changes in the required information or the status of the bond or trust account occur, but not less than annually.
B. Failure to comply with Subsection A of this Section shall be a misdemeanor punishable by a fine of five hundred dollars or imprisonment for up to six months, or both.
Added by Acts 1982, No. 811, §1.
Every loan brokerage contract shall be in writing and signed by all contracting parties. A copy of the contract shall be given to the prospective borrower at the time he signs the contract.
Added by Acts 1982, No. 811, §1.
At least seven days prior to the time any person signs a contract for the services of a loan broker, or the time of the receipt of any consideration by the loan broker, whichever occurs first, the broker must provide to the party with whom he contracts a written document, the cover sheet of which is entitled in at least ten point bold face capital letters "DISCLOSURE REQUIRED BY LOUISIANA LAW". Under this title shall appear the statement in at least ten point type that "The state of Louisiana has not reviewed and does not approve, or disapprove any loan brokerage contract. The information contained in this disclosure has not been verified by the state. If you have any questions see an attorney before you sign a contract agreement." Nothing except the title and required statement shall appear on the cover sheet. The disclosure document shall contain the following information:
(1) The name of the broker; whether the broker is doing business as an individual, partnership, or corporation; the names under which the broker has done, is doing, or intends to do business; and the name of any parent or affiliated companies.
(2) The names, addresses, and titles of the broker's officers, directors, trustees, general partners, general managers, principal executives, and any other persons charged with responsibility for the broker's business activities; and all the broker's employees located in Louisiana.
(3) The length of time the broker has conducted business as a loan broker.
(4) A full and detailed description of the actual services that the broker undertakes to perform for the prospective borrower.
(5) One of the following statements, whichever is appropriate:
(a) "As required by Louisiana law, this loan broker has secured a bond by ______________________________, a surety authorized to do business in this state. A certified copy of this bond is filed with the state treasurer. Before signing a contract with this loan broker, you should check with the surety company to determine the bond's current status," or
(b) "As required by Louisiana law, this loan broker has established a trust account (number of account) with (name/address of bank or savings institution). Before signing a contract with this loan broker you should check with the bank or savings institution to determine the current status of the trust account."
Added by Acts 1982, No. 811, §1.
A. Violation of any of the provisions of this Chapter shall constitute an unfair practice under R.S. 51:1405(A).
B. If a loan broker uses any untrue or misleading statements in connection with a loan brokerage contract, fails to fully comply with the requirements of this Chapter, fails to comply with the terms of the contract or any obligation arising therefrom, or fails to make diligent effort to obtain or procure a loan on behalf of the prospective borrower, then, upon written notice to the broker, the prospective borrower may void the contract, and shall be entitled to receive from the broker all sums paid to the broker, and recover any additional damages including attorney's fees.
C. Any contract for loan brokering services is unenforceable against the prospective borrower and a violation of this Chapter if it contains any provisions whereby the prospective borrower agrees to waive any requirements of this Chapter.
D. The remedies provided herein shall be in addition to any other remedies provided for by law.
E. Loan brokers must provide substantiation for advertising claims or other representations made to solicit business upon request of a district attorney, the attorney general or the director of the office of consumer protection.
Added by Acts 1982, No. 811, §1.
The provisions of this Chapter shall apply in all circumstances in which any party to the contract conducted any contractual activity, including but not limited to advertising, solicitation, discussion, negotiation, offer, acceptance, signing, or performance, in this state.
Added by Acts 1982, No. 811, §1.
This Chapter may be cited as the Louisiana Capital Companies Tax Credit Program.
Added by Acts 1983, No. 642, §1.
The primary purpose of the Louisiana Capital Companies Tax Credit Program is to provide assistance in the formation and expansion of new businesses which create jobs in the state by providing for the availability of venture capital financing to entrepreneurs, managers, inventors, and other individuals for the development and operation of qualified Louisiana businesses.
Acts 1983, No. 642, §1; Acts 1989, No. 496, §1.
Louisiana Economic Development shall maintain and interpret policy for the Louisiana Capital Companies Tax Credit Program. The Office of Financial Institutions shall perform the regulatory and examination functions of the program.
Acts 2001, No. 1122, §1, eff. July 1, 2001.
For the purposes of this Chapter, the following terms shall have the meanings provided in this Section, unless the context clearly indicates otherwise:
(1) "Approved technology-based businesses" means any qualified Louisiana business that is a qualified Louisiana technology-based business, the investment in which is approved in writing by at least two of the Louisiana research parks at the time.
(2) "Certified capital" means an investment pursuant to R.S. 51:1924(A) and (B) or an investment pursuant to R.S. 22:832(E) into a certified Louisiana capital company.
(3) "Certified Louisiana capital company" means any partnership, corporation, or other legal entity, whether organized on a profit or nonprofit basis, that has as its primary business activity the investment of cash in such a manner as to acquire equity in or provide financing assistance as a licensed business and industrial development corporation to qualified Louisiana businesses that are in need of capital for survival, expansion, new product development, or similar business purposes and that is certified by the commissioner of the office of financial institutions, as meeting the criteria of this Chapter and thus eligible for the tax credit provided in this Chapter.
(4) "Certified Louisiana capital company group" means any one or more certified Louisiana capital companies which share common management or are under common control, whether such management or control is accomplished directly or indirectly.
(5) "Commissioner" means the commissioner of the Office of Financial Institutions within the office of the governor.
(6) "Department" means Louisiana Economic Development.
(7) "Disadvantaged business" means, with respect to all investment pools certified after January 1, 2002, any qualified Louisiana business that has its headquarters located, at the time of investment, in a low-income community, as such term is defined in Section 45(D)(e) of the Internal Revenue Code of 1986, as amended.
(8) "Equity in a qualified Louisiana business" is defined as an interest that in substance and in form is either:
(a) Common stock, preferred stock, or an equivalent ownership interest in a limited liability company, partnership, or other entity.
(b) A loan with a stated maturity of not less than five years which provides for conversion into equity at a future date or has equity features. The department shall promulgate rules to determine what constitutes equity features for the purpose of this definition.
(9) "Investment date" means, with respect to each investment pool, the date on which the investment pool transaction closes.
(10) "Investment pool" means the aggregate of all investments of certified capital in a particular certified Louisiana capital company which are made as part of the same transaction.
(11)(a) "Louisiana research park" means any property-based venture located in the state of Louisiana which has all of the following elements:
(i) Existing or planned land and buildings designed primarily for private and public research and development facilities, high technology and science-based companies, and support services.
(ii) A contractual and/or formal ownership or operational relationship with one or more universities or other institutions of higher education and science research.
(iii) A role in promoting research and development by the university in partnership with industry, assisting in the growth of new ventures, and promoting economic development.
(iv) A role in aiding the transfer of technology and business skills between the university and industry tenants.
(b) A Louisiana research park may be a not-for-profit or for-profit entity owned wholly or partially by a university or a university-related entity. Alternatively, a Louisiana research park may be owned by a non-university entity but have a contractual or other formal relationship with a university, including joint or cooperative ventures between a privately developed research park and a university.
(12) "Qualified investment" means:
An investment that in substance and in form furthers economic development within Louisiana as defined by rule and is either:
(a)(i) A transaction that consists of the investment of cash and results in the acquisition of equity in a qualified Louisiana business; or
(ii) Financing assistance provided in cash to a qualified Louisiana business by a business and industrial development corporation licensed pursuant to the Louisiana Business and Industrial Development Corporation Act, R.S. 51:2386 et seq.
(b) An equity investment or debt investment which has a stated final maturity date of not less than five years from the origination of the debt investment in a qualified venture fund approved by the secretary.
(c) An equity or debt investment in a Louisiana-based economic development infrastructure project approved by the secretary.
(d) An equity or debt investment in a qualified technology fund approved by the secretary.
(13)(a) "Qualified Louisiana business" means a business that at the time of investment meets, or, as the direct result of an investment pursuant to this Chapter would meet, each of the following requirements:
(i) Operates primarily in Louisiana or performs substantially all of its production in Louisiana, or is headquartered in Louisiana with a substantial portion of its assets located in Louisiana and which is in need of capital and is involved in commerce for the purpose of retail, or the manufacturing, processing, or assembling of products, or conducting research and development, or providing services, provided that at least eighty percent of the total employees of such business shall be domiciled in the state of Louisiana and that at least eighty percent of the payroll of such business shall be paid to such employees.
(ii) Has, together with its affiliates, a net worth which is not in excess of eighteen million dollars.
(iii) Has, together with its affiliates, an average annual net income, after federal income taxes, excluding any carry-over losses, for the preceding two completed fiscal years which is not in excess of six million dollars.
(iv) Has, together with its affiliates, no more than five hundred employees.
(b) Any business, which is classified as a qualified Louisiana business at the time of the first investment in said business by a certified Louisiana capital company, shall remain classified as a qualified Louisiana business for any later additional investment into the business by that certified Louisiana capital company, provided each additional investment meets the definition of a qualified investment.
(14) "Qualified Louisiana startup business" means any qualified Louisiana business that is in development or has been operational for less than two years and is in need of capital for pre-startup, startup, survival, expansion, new product development, or similar business purpose or that is determined by the secretary as meeting the criteria of this Paragraph.
(15) "Qualified Louisiana technology-based business" means any qualified Louisiana business that is in need of capital for pre-startup, startup, survival, expansion stage, new product development, or similar business purpose that is engaged in or intends to provide technology-based products or services in information technology, communications, medical, biomedical, advanced materials, food, environmental, micro-manufacturing technologies, or that is determined by the secretary as meeting the criteria of this Paragraph.
(16) "Qualified technology fund" means any venture capital or private equity fund that meets all of the following criteria:
(a) The fund is managed or proposed to be managed directly or indirectly with representation from any of the following Louisiana research parks that elects to provide such representation: the Louisiana Technology Park in Baton Rouge, the University of New Orleans Research and Technology Park in New Orleans, the University Research Park in Lafayette and the InterTech Science Park in Shreveport; or any other technology parks certified by the secretary.
(b) The fund agrees to make all of the investments made by it with the proceeds of any investment from a certified Louisiana capital company in qualified Louisiana technology-based businesses.
(c) The investment policy of the qualified technology fund shall expressly provide that investments from the qualified technology fund may be made in qualified businesses located anywhere within the state of Louisiana.
(d) The fund agrees that the commissioner shall regulate the investment of the certified capital received by the qualified technology fund pursuant to rules promulgated by the secretary.
(17) "Qualified venture fund" means any certified Louisiana capital company that is designated a specialty business and industrial development corporation as defined in this Section and which is further certified by the secretary as meeting all of the following criteria:
(a) The fund's primary investment objectives include investing in Louisiana businesses in amounts not exceeding one million dollars.
(b) The fund agrees to make all of the investments made by it with the proceeds of any investment from a certified Louisiana capital company in qualified Louisiana businesses.
(c) A qualified venture fund shall not be an affiliate of a certified capital company that invests in a qualified venture fund.
(d) A qualified venture fund shall not have raised directly or combined with its affiliates more than ten million in certified capital, excluding any funds invested by a certified capital company as a qualified investment in a qualified venture fund pursuant to this Chapter. For purposes of this definition "affiliate" means a person or legal entity controlling, controlled by or under common control with, another person or legal entity, directly or indirectly through one or more intermediaries.
(e) The fund shall agree that the commissioner shall regulate the investment of the certified capital received by the qualified venture fund pursuant to rules promulgated by the secretary.
(18) "Research park early stage business" means any qualified Louisiana business that is a qualified Louisiana startup business which receives assistance from or has its principal place of business located at a Louisiana research park.
(19) "Secretary" means the secretary of Louisiana Economic Development.
(20) "Specialty business and industrial development corporation" means any business and industrial development corporation licensed after January 1, 2002, and approved by the secretary as meeting one or more of the following criteria:
(a) A business and industrial development corporation that provides more than fifty percent of its qualified investments in businesses that are fifty-one percent owned or controlled by minorities or women.
(b) A business and industrial development corporation that provides more than fifty percent of its qualified investments in disadvantaged businesses.
(c) A business and industrial development corporation that is a nonprofit corporation providing more than fifty percent of its qualified investments in disadvantaged businesses or to businesses that are more than fifty percent owned or controlled by minorities or women.
(d) A business and industrial development corporation that is more than fifty percent owned or controlled in its daily operation by minorities or women. For purposes of this Subparagraph, any business and industrial development corporation that has been designated as a specialty business and industrial development corporation by the secretary prior to January 1, 2002, shall be considered a specialty business and industrial development corporation for purposes of this Section.
Acts 1983, No. 642, §1; Acts 1989, No. 496, §1; Acts 1993, No. 279, §2, eff. June 2, 1993; Acts 1996, No. 21, §2, eff. June 27, 1996; Acts 2001, No. 8, §17, eff. July 1, 2001; Acts 2001, No. 9, §9, eff. July 1, 2001; Acts 2001, No. 1122, §1, eff. July 1, 2001; Acts 2002, No. 84, §2, eff. June 25, 2002; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
A. A person, either natural or artificial, who invests in the certified capital of a certified Louisiana capital company may claim either a premium tax reduction pursuant to R.S. 22:832(E) or a credit against the person's Louisiana income tax in the person's taxable year in which the investment is made, as certified by the commissioner, pursuant to rules promulgated by the secretary, to the Department of Insurance or the Department of Revenue.
B.(1) The income tax credit shall be calculated by the commissioner as thirty-five percent of the person's cash investment in the certified capital of a certified Louisiana capital company.
(2) The total income tax credits granted in any calendar year shall not result in an additional reduction of total income tax revenues of greater than two million dollars.
(3) During any calendar year in which this Subsection will limit the amount of certified capital for which income tax credits are allowed, certified capital for which income tax credits are allowed will be allocated among certified Louisiana capital company groups. Requests for allocation shall be prepared for filing not later than December first on a form prescribed by the commissioner, which form shall include an affidavit by the person pursuant to which such person shall become legally bound and irrevocably committed to make an investment of certified capital in a certified Louisiana capital company subject only to receipt of an allocation pursuant to this Subsection. Any requests for allocation filed with the commissioner before December first of any calendar year shall be deemed to have been filed on December first of such year. Requests for allocation shall be allocated as follows:
(a) When aggregate requests for allocation by certified Louisiana capital company groups do not exceed five million seven hundred fourteen thousand two hundred eighty-five dollars, all requests for allocations shall be approved by the commissioner.
(b) When aggregate requests for allocation exceed five million seven hundred fourteen thousand two hundred eighty-five dollars, each certified Louisiana capital company group shall be entitled to receive an allocation to be calculated by dividing five million seven hundred fourteen thousand two hundred eighty-five dollars by the number of certified Louisiana capital company groups requesting allocations. In the event that this allocation results in one or more certified Louisiana capital groups receiving an allocation in excess of the amount which was requested, such excess shall be reallocated to the remaining certified Louisiana capital groups on an equal basis until the entirety of the allocation has been fully distributed.
(c) No certified Louisiana capital company certified after December first of any year shall be entitled to receive an allocation pursuant to Subparagraph (b) of this Paragraph for the same calendar year in which it was certified.
(d) Annually within ten days of December first, the commissioner shall review all requests for allocation of income tax credits and notify the certified Louisiana capital companies of the amount of certified capital for which income tax credits are allowed to such persons that are investors in such companies. During this ten-day period, each certified Louisiana capital company group may allow for the substitution of one investor for another when the initial investor is unable or unwilling to complete the proposed investment.
(e) If a certified Louisiana capital company does not receive an investment of certified capital equaling the amount of the allocation made to it pursuant to Subparagraph (c) of this Paragraph within ten days of receipt of notice of such allocation, that portion of the allocation will be forfeited and reallocated to the remaining certified Louisiana capital company groups pursuant to the allocation procedure set forth in Subparagraph (b) of this Paragraph, substituting the reallocated amount for the total amount to be allocated.
C. A capital company's initial capitalization, at the time of seeking certification, must be two hundred thousand dollars or more.
D.(1) The total insurance premium tax credits granted pursuant to R.S. 22:832(E) in any calendar year shall not result in an additional reduction of total premium tax revenues of greater than five million dollars per year.
(2) During any calendar year in which this Subsection will limit the amount of certified capital for which insurance premium tax credits are allowed, certified capital for which insurance premium tax credits are allowed will be allocated among certified Louisiana capital companies. Requests for allocation shall be prepared for filing not later than October first on a form prescribed by the commissioner, which form shall include an affidavit by the insurance company investor pursuant to which such investor shall become legally bound and irrevocably committed to make an investment of certified capital in a certified Louisiana capital company subject only to receipt of an allocation pursuant to this Subsection. Any requests for allocation filed with the commissioner before October first of any calendar year shall be deemed to have been filed on October first of such year. Requests for allocation shall be allocated as follows:
(a) When aggregate requests for allocation by certified Louisiana capital company groups do not exceed the maximum amount of capital for which insurance premium tax credits may be granted in such calendar year under Paragraph (1) of this Subsection, all requests for allocation shall be approved by the commissioner.
(b) When aggregate requests for allocation exceed the maximum amount of capital for which insurance premium tax credits may be granted in such calendar year under Paragraph (1) of this Subsection, each certified Louisiana capital company group shall be entitled to receive an allocation to be calculated by dividing the maximum amount of capital for which insurance premium tax credits may be granted in such calendar year under Paragraph (1) of this Subsection by the number of certified Louisiana capital company groups requesting allocations. If this allocation results in one or more certified Louisiana capital company groups receiving an allocation in excess of the amount which was requested, such excess shall be reallocated to the remaining certified Louisiana capital groups on an equal basis until the entirety of the allocation has been fully distributed.
(3) No certified Louisiana capital company certified after October first of any year shall be entitled to receive an allocation pursuant to Paragraph (2) of this Subsection for the same calendar year in which it was certified.
(4) Annually within ten days of October first, the commissioner shall review all requests for allocation of insurance premium tax credits and notify the certified Louisiana capital companies of the amount of certified capital for which insurance premium tax credits are allowed to the investors in such company.
(5) If a certified Louisiana capital company does not receive an investment of certified capital equaling the amount of the allocation made pursuant to Paragraph (4) of this Subsection within ten days of its receipt of notice of such allocation, that portion of the allocation will be forfeited and reallocated to the remaining certified Louisiana capital company groups pursuant to the allocation procedure set forth in Paragraph (2) of this Subsection, substituting the reallocation amount for the total amount to be allocated.
(6) Each certified Louisiana capital company shall submit to the commissioner by the first day of September of each year a certified statement stating the amount of certified capital that such company possesses that has not yet been invested to meet the sixty percent investment requirement of R.S. 51:1928(B)(1), if applicable; the amount of certified capital that such company possesses that has not been invested to meet the one hundred percent investment requirements of R.S. 51:1928(B)(2) or (3), if applicable; and the amount of certified capital that such company possesses that has not been invested pursuant to other contractual agreements, if applicable. No certified Louisiana capital company group shall be eligible to submit a request on or before the first day of October of any calendar year for certified capital for which premium tax or income tax credits are allowed if on the first day of September of such year, such certified Louisiana capital company group had certified capital in excess of fifteen million dollars that has not yet met the aforementioned investment requirements of R.S. 51:1928(B)(1), (2), or (3), or other such contractual agreements.
E. The amount of the tax credit which exceeds the person's premium tax and income tax liability for the taxable year for which credits are allowed or the amount of premium and income tax credits that are not used by such person for the taxable year for which such credits are allowed may be carried forward to subsequent years until the credits are exhausted; however, the reduction in any taxable year shall not exceed such person's premium tax or income tax liability for such taxable year.
F. The department shall provide for the transfer or sale of premium and income tax credits under this Chapter. The transfer or sale of income or premium tax credits will be restricted to transfers or sales between affiliates and sophisticated investors, collectively referred to as acquirers. No acquirer shall be able to utilize any premium tax credit earned after July 1, 2002, until at least the second anniversary of the investment date of the investment pool from which the premium tax credits were earned. Furthermore, even though a transfer or sale of credits, known as an election under this Section, may involve several entities, only one election may be made during any calendar quarter. Therefore, an investor in a certified Louisiana capital company may only transfer or sell credits once during a calendar quarter and the entity that purchases the credit may not transfer credits obtained during the quarter in which the credits are transferred or purchased. In any subsequent calendar year, the purchaser of the credits may make one transfer election per calendar quarter.
G. The certified Louisiana capital company shall include in any offering involving the sale of shares to an investor, the following statement: "The state of Louisiana is not liable for damages to an investor in a certified Louisiana capital company. Use of the words 'certified' or 'Louisiana' in an offering does not constitute a recommendation or endorsement of the investment by Louisiana Economic Development or the Office of Financial Institutions".
Added by Acts 1983, No. 642, §1. Acts 1984, No. 891, §1, eff. July 20, 1984; Acts 1986, No. 695, §1; Acts 1989, No. 496, §1; Acts 1996, No. 21, §§2, 3, eff. June 27, 1996; Acts 1998, No. 70, §2, eff. Oct. 1, 1998; Acts 2001, No. 8, §17, eff. July 1, 2001; Acts 2001, No. 1122, §1, eff. July 1, 2001; Acts 2002, No. 84, §2, eff. June 25, 2002; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
A. The commissioner shall provide by rule or regulation in accordance with the provisions of the Administrative Procedure Act for the procedures for making an application for certification of a capital company.
B. The commissioner shall review the articles of incorporation or the articles of partnership or articles of organization of each applicant for certification and the business history of the applicant, determine that the capitalization is at least two hundred thousand dollars, and determine that the officers, board of directors, partners, managers, or members are thoroughly acquainted with the requirements of the capital company's tax credit program and the certification and decertification procedures.
C. Within sixty days of application, the commissioner shall issue the certification and notify the Department of Revenue and the commissioner of insurance of said certification or shall refuse the certification and communicate in detail to the applicant the grounds for the refusal, including suggestions for the removal of those grounds.
D. The commissioner shall furnish a list of persons or businesses who may claim the tax credit to the Department of Revenue and the commissioner of insurance on a calendar year quarterly basis following receipt of such quarterly information as provided for under R.S. 51:1926(F).
Acts 1983, No. 642, §1; Acts 1987, No. 703, §1; Acts 1989, No. 496, §1; Acts 1993, No. 279, §2, eff. June 2, 1993; Acts 2001, No. 1122, §1, eff. July 1, 2001.
A. A certified Louisiana capital company is required to comply with all of the requirements of this Section in order to continue certification of its investment pools as certified capital. To continue the certification of any investment pools as certified capital, a certified Louisiana capital company must make qualified investments from each investment pool according to the following schedule:
(1) Within three years after the investment date for each investment pool, at least fifty percent of each investment pool must be invested, with at least thirty percent of each investment pool placed in qualified investments; provided, with respect to investment pools certified after January 1, 2002, at least fifty percent of the amount required to be placed in qualified investments within three years after their respective investment dates must be or have been placed in qualified Louisiana technology-based businesses, qualified Louisiana start-up businesses and/or qualified technology funds, with a minimum of fifty percent of such investments in qualified Louisiana technology-based businesses.
(2) Within five years after the investment date for each investment pool, at least eighty percent of each investment pool must be invested, with at least fifty percent of each investment pool placed in qualified investments; provided, with respect to investment pools certified after January 1, 2002, (a) at least fifty percent of the amount required to be placed in qualified investments within five years after their respective investment dates must be or have been placed in qualified Louisiana technology-based businesses, qualified Louisiana start-up businesses and/or qualified technology funds, with a minimum of fifty percent of such investments in qualified Louisiana technology-based businesses and (b) at least ten percent of the investment pool must be or have been placed in qualified technology funds, qualified investments in approved technology-based businesses and/or qualified investments in research park early stage businesses. The qualified investments used to satisfy the ten percent requirement in this Paragraph may also be used to satisfy the investment requirements regarding investment pools certified after January 1, 2002, as provided in Paragraphs (1) and (2) of this Subsection.
(3) The following are not qualified investments under this Subsection:
(a) Investments in businesses predominantly engaged in oil and gas exploration and development, gaming, real estate development for resale, banking, lending, insurance, or professional services provided by accountants, lawyers, or physicians. The only exception to lending activities under this definition of a qualified investment are those activities permitted under R.S. 51:1935(A)(1)(a) and (b) and investments in qualified venture funds and investments in qualified technology funds.
(b) Investments in associates of certified Louisiana capital companies. The secretary, by rule, shall define "associate". If a legal entity is not an associate before a certified Louisiana capital company or any of its affiliated certified Louisiana capital companies initially invests in the entity, it will not be an associate if the certified Louisiana capital company or any of its affiliated certified Louisiana capital companies provide additional investment subsequent to the initial investment in the entity.
(c) That portion of a certified Louisiana capital company's qualified investments outstanding at any one time in any qualified Louisiana business or group of affiliated qualified Louisiana businesses in excess of fifteen percent of the certified Louisiana capital company's total certified capital.
(d) Qualified investments, with the exception of participations between certified Louisiana capital companies, which are reported as qualified investments on another certified Louisiana capital company's books.
(e) Reciprocal investments or loans made between certified Louisiana capital companies.
(4) For purposes of satisfying the requirements of Paragraphs (1) and (2) of this Subsection and satisfying the requirements of the three-year forty percent tests and the five-year sixty percent tests contained in R.S. 51:1927.1, each dollar invested by a certified Louisiana capital company in a qualified venture fund shall be counted as two dollars.
(5) Notwithstanding any other provision of law to the contrary, for purposes of this Chapter, a qualified investment shall include an investment received by a business prior to August 29, 2005, that was either made by or participated to a certified capital company for the purpose of moving the headquarter operations of the business to Louisiana and which business ceased its operations subsequent to August 29, 2005, but prior to the completion of the relocation to Louisiana. The commissioner shall determine if an investment meets the requirements of this Paragraph.
B. A certified Louisiana capital company shall make no investment if after making such investment, the total investment outstanding would exceed fifteen percent of the total certified capital under management plus, upon written submission to and approval of the commissioner, any reserved leverage resulting from either the receipt by the certified capital company of a written commitment letter from the United States Small Business Administration or the United States Department of Agriculture Business and Industrial Loan Guarantee Program, or both, issued prior to refunding of the investment, unless the investment is defined to be a permissible investment for a certified Louisiana capital company. The department may promulgate rules which include a method of defining "permissible investments".
C. Repealed by Acts 1996, No. 21, §3, eff. June 27, 1996.
D. Documents and other materials submitted by certified Louisiana capital companies or by Louisiana businesses for purposes of the continuance of certification shall not be public records if such records are determined to be trade or business secrets and shall be maintained in a secured environment by the commissioner. All reports, applications, and other information submitted to the commissioner shall contain no materially false or misleading information.
E. All qualified investments in equity in qualified Louisiana businesses as defined in R.S. 51:1923, including any losses therein incurred after certification, will be considered in the calculation of the percentage requirements under Subsections A and B of this Section.
F.(1) Each certified Louisiana capital company shall report the following to the commissioner on a calendar quarterly basis, starting with the first quarter after certification and each quarter thereafter, if any of the following information has changed since the first or any subsequent quarterly report filed:
(a) The name of each investor in a certified Louisiana capital company entitled to either an income tax credit or an insurance premium tax credit, including federal and state income tax identification numbers and, if applicable, the insurance premium tax identification number.
(b) The amount of each investor's investment and tax credit.
(c) The date on which the certified Louisiana capital company received the investment.
(d) The amount of the certified Louisiana capital company's certified capital at the end of the quarter.
(e) Whether or not the certified Louisiana capital company has invested more than fifteen percent, of the total certified capital under management in any one company.
(2) Each certified Louisiana capital company shall report to the commissioner annually, on or before January thirty-first, all qualified investments that the company has made during the previous calendar year, as well as the investment pool from which each investment originated.
(3) The certified Louisiana capital company shall submit to the commissioner, on or before April thirtieth, annual audited financial statements which include the opinion of an independent certified public accountant.
G.(1) Prior to making an investment in a business, a certified Louisiana capital company shall obtain, from an authorized representative of the business, a signed affidavit which shall be maintained by the company in its files.
(2) The commissioner shall by rule specify the substantive content of the affidavit.
H. A certified Louisiana capital company shall not:
(1) Operate or conceal any fact or condition which, if such operation or condition had existed at the time of application for certification, would have justified the commissioner's refusal of the certified Louisiana capital company's certification.
(2) Make any material misrepresentation to the commissioner in an application for certification which would have justified the commissioner's refusal of the certification.
(3) Willfully violate any provision of this Chapter, any rule or regulation promulgated hereunder, or any order of the secretary or the commissioner.
Added by Acts 1983, No. 642, §1. Acts 1984, No. 891, §1, §2, eff. July 20, 1984; Acts 1986, No. 695, §1; Acts 1989, No. 496, §1; Acts 1993, No. 279, §2, eff. June 2, 1993; Acts 1996, No. 21, §§2, 3, eff. June 27, 1996; Acts 2001, No. 1122, §1, eff. July 1, 2001; Acts 2002, No. 84, §2, eff. June 25, 2002; Acts 2006, No. 434, §1.
A. The commissioner shall conduct an annual review of each capital company certified under the program to determine if the certified Louisiana capital company is abiding by the requirements of certification for its various investment pools, to advise the certified Louisiana capital company as to the certification status of its qualified investments, and to ensure compliance with R.S. 51:1924(D)(6) and 1926. The cost of the annual review shall be paid by each certified Louisiana capital company according to a reasonable fee schedule adopted under the provisions of the Administrative Procedure Act.
B. Any violation of R.S. 51:1926, other than R.S. 51:1926(A), shall be grounds for decertification of the certified Louisiana capital company and any investment pools that have not been decertified. A violation of R.S. 51:1926(A) shall be grounds for decertification of the noncomplying investment pool in accordance with Subsection C of this Section. If the commissioner determines that a company is not in compliance with any requirements of R.S. 51:1926, he shall, by written notice, inform the officers of the company and the board of directors, partners, managers, or members that the certified Louisiana capital company and any investment pools that have not yet been decertified, as the case may be, may be subject to involuntary decertification in one hundred twenty days from the date of mailing of the notice unless they correct the deficiencies and are again in compliance with all requirements for certification.
C. At the end of the one-hundred-twenty-day grace period, if the certified Louisiana capital company and any investment pools that have not yet been decertified, as the case may be, are still not in compliance with R.S. 51:1926, the commissioner shall send a notice of involuntary decertification of the certified Louisiana capital company and any affected investment pools, as appropriate, to the company, to the secretary of the Department of Revenue, and the commissioner of the Department of Insurance. Voluntary or involuntary decertification of a certified Louisiana capital company and any affected investment pools may cause the forfeiture of the remaining and unclaimed income tax credits under this Chapter and premium tax credits under R.S. 22:832(E), which correspond to such certified Louisiana capital company or to such investment pools, respectively, and shall cause the recapture of all credits taken by investors with respect to such certified Louisiana capital company or to such investment pools, respectively, to be due and payable to the Department of Revenue or the Department of Insurance in the year of decertification, notwithstanding the years for which the credits were originally taken may have prescribed, as follows:
(1) If any investment pools are decertified due to the inability of a certified Louisiana capital company to comply with all requirements for continued certification under the provisions of R.S. 51:1926 within three years of the investment dates of such investment pools, one hundred percent of all credits relating to such investment pools which have been taken by investors shall be due and payable and any remaining and previously unclaimed investor credits relating to such investment pools shall be forfeited.
(2) When a certified Louisiana capital company meets all requirements for continued certification of any investment pools under R.S. 51:1926, including R.S. 51:1926(A)(1), but excluding R.S. 51:1926(A)(2), those insurance premium tax credits relating to such investment pools which have been or will be taken by investors within three years from the investment dates of such investment pools will not be subject to recapture or repayment.
(3) When a certified Louisiana capital company meets all requirements of Paragraph (2) of this Subsection and subsequently fails to meet the requirements for continued certification of any investment pools under the provisions of R.S. 51:1926, only those insurance premium tax credits that have been or will be taken by investors after the third anniversary of the investment dates of such investment pools shall be subject to recapture and repayment and any other remaining and previously unclaimed insurance premium tax credits shall be forfeited.
(4) When a certified capital company meets all requirements for continued certification of any investment pools, including R.S. 51:1926(A)(1) and (2), no insurance premium tax credits or income tax credits relating to such pools shall be subject to recapture, repayment, retaliation, or forfeiture.
(5) The secretary may promulgate rules and regulations regarding the recapture or forfeiture of income tax credits associated with pools which are certified on or after January 1, 1999, and which fail to meet the continuing certification requirements of R.S. 51:1926.
D. The Department of Revenue and the Department of Insurance shall send written notice to the address of each person or insurance company whose tax credit has been subject to repayment or forfeiture, using the address last shown on the last income tax or premium tax filing.
Acts 1983, No. 642, §1; Acts 1989, No. 496, §1; Acts 1993, No. 279, §2, eff. June 2, 1993; Acts 1996, No. 21, §2, eff. June 27, 1996; Acts 1998, No. 70, §2, eff. Oct. 1, 1998; Acts 2001, No. 1122, §1, eff. July 1, 2001; Acts 2002, No. 84, §2, eff. June 25, 2002; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
A. Following a decertification of a pool that was certified on or after January 1, 1999, and for which insurance premium tax credits were granted, an independent certified public accountant shall perform a review of all distributions other than tax distributions and management fees from such pool to the equity holders of the pool to determine if such distributions produce an annual internal rate of return to the equity holders of the pool of at least fifteen percent calculated on the original amount of certified capital contributed to such pool as well as any additional capital contributed to such pool. Within thirty days following the issuance of the accountant's report, the certified capital company shall remit to the Louisiana Economic Development Fund twenty-five percent of all distributions in excess of the amount required to produce an annual internal rate of return of fifteen percent until the Louisiana Economic Development Fund shall have received an amount equal to the amount of tax credits granted for the pool. Thereafter, the certified capital company shall remit to the Louisiana Economic Development Fund five percent of such excess distributions.
B. Following a decertification of a pool that was certified on or after January 1, 2002, and for which income tax credits or insurance premium tax credits were granted, an independent certified public accountant shall annually perform a review of all distributions, other than tax distributions and management fees, from such pool to the equity holders of the pool to determine if such distributions produce a rate of return to the equity holders of the pool of at least ten percent calculated on the original amount of certified capital contributed to such pool as well as any additional capital contributed to such pool. Within thirty days following the issuance of the accountant's annual report, the certified capital company shall remit twenty-five percent of all distributions in excess of the amount required to produce a rate of return of ten percent to the Louisiana Economic Development Fund.
C. The calculation of internal rate of return shall include all cash distributions to equity investors out of the certified capital company's investment pool, except for tax distributions and management fees. Management fees shall not exceed two and one-half percent per annum of the total certified capital of the pool without the prior approval of the secretary. Notwithstanding any other provisions in this Chapter to the contrary, for all certified capital pools formed after December 31, 2001, if a certified Louisiana capital company does not place (1) forty percent of the investment pool in qualified investments within three years after the investment date, (2) sixty percent of the investment pool in qualified investments within five years of the investment date, and (3) upon the certified Louisiana capital company's option either (a) one hundred percent of the investment pool in qualified investments within seven years of the investment date or (b) one hundred and ten percent of the investment pool in qualified investments within eight years of the investment date, then following a decertification pursuant to R.S. 51:1928(B)(3), such company shall remit to the Louisiana Economic Development Fund twenty-five percent of all distributions, other than tax distributions and management fees, until the Louisiana Economic Development Fund shall have received one hundred percent of the tax credits granted for such pool and thereafter the company shall remit ten percent of all distributions, other than tax distributions and management fees to the Louisiana Economic Development Fund. If a certified Louisiana capital company has not decertified an investment pool formed after December 31, 2001, pursuant to R.S. 51:1928(B)(3) within ten years from the investment date, such company shall remit to the Louisiana Economic Development Fund fifty percent of all distributions until the Louisiana Economic Development Fund shall have received one hundred percent of the tax credits granted for such pool, and thereafter the company shall remit twenty percent of all distributions to the Louisiana Economic Development Fund.
D. Notwithstanding any other provision of this Chapter to the contrary and considering the adverse impact of Hurricanes Katrina and Rita, all investment deadlines required by this Section which would have fallen between August 25, 2005, and December 30, 2005, shall be extended to March 31, 2006.
Acts 1998, No. 70, §2, eff. Oct. 1, 1998; Acts 2002, No. 84, §2, eff. June 25, 2002; Acts 2005, 1st Ex. Sess., No. 15, §1, eff. Nov. 29, 2005; Acts 2009, No. 449, §1, eff. July 8, 2009.
Repealed by Acts 2010, No. 1034, §3.
A. At any time a certified Louisiana capital company may voluntarily decertify particular investment pools by sending written request for decertification to the commissioner and by remitting to the secretary of the Department of Revenue and the commissioner of the Department of Insurance the amounts described in R.S. 51:1927(C). These amounts are due notwithstanding the fact that the years for which the credits were originally taken may have prescribed. Thereafter, the capital company shall be a full subrogee to the state of Louisiana through the Department of Revenue and the Department of Insurance for such sums as were remitted by the company, against its investors or equity owners.
B.(1) With respect to any investment pool certified on or before December 31, 1998, after ten years of continued certification of any investment pool or at any time when a certified Louisiana capital company has invested sixty percent of any investment pool in qualified investments, a certified Louisiana capital company may voluntarily decertify such investment pool by sending a written request for a review and decertification. If the decertification of the investment pool is approved by the commissioner, no tax credits claimed or to be claimed under R.S. 51:1924(A) and (B), R.S. 51:1932, and R.S. 22:832(E) with respect to such investment pool will be subject to repayment, recapture, retaliation, or forfeiture by the certified Louisiana capital company or its investors.
(2) With respect to any investment pools certified after December 31, 1998, but prior to December 31, 2001, when a certified Louisiana capital company has invested one hundred percent of any investment pool in qualified investments, the certified Louisiana capital company may voluntarily decertify such investment pool by sending a written request for a review and decertification. If the decertification of the investment pool is approved by the commissioner, no tax credits claimed or to be claimed under R.S. 51:1924(A) and (B), R.S. 51:1932, and R.S. 22:832(E) with respect to such investment pool will be subject to repayment, recapture, retaliation, or forfeiture by the certified Louisiana capital company or its investors.
(3) With respect to any investment pools certified after January 1, 2002, when the certified capital company has invested one hundred percent of such investment pool in qualified investments, with a minimum of twenty-five percent of such investment pool having been invested in disadvantaged businesses, the certified Louisiana capital company may voluntarily decertify such investment pool by sending a written request for a review and decertification. The dollar amount of any qualified investment made in a qualified venture fund after August 1, 2002, shall count one hundred fifty percent towards the satisfaction of the one hundred percent requirement of this Subsection and towards the seven-year one hundred percent requirement contained in R.S. 51:1927.1. In addition, any investment in a qualified venture fund after August 1, 2002, shall count one hundred percent towards the satisfaction of the twenty-five percent requirement imposed by this Section on investment pools certified after January 1, 2002. If the decertification of the investment pool is approved by the commissioner, no tax credits claimed or to be claimed under R.S. 51:1924(A) and (B), R.S. 51:1932, and R.S. 22:832(E) with respect to such investment pool will be subject to repayment, recapture, retaliation, or forfeiture by the certified Louisiana capital company or its investors.
C. No distributions to equity owners shall be made from the certified capital contained within a pool prior to decertification other than for any of the following:
(1) Debt service.
(2) Tax payments or distributions to the equity owners of a certified Louisiana capital company in an amount equal to any projected increase in tax liability to the extent such increase is related to the ownership, management, or operation of the certified Louisiana capital company.
(3) A management fee which does not exceed two and one-half percent per annum of the pool's certified capital unless otherwise approved by the secretary; provided with respect to any investment pools formed after December 31, 2001, such management fee shall only be allowed for the seven years following the date the initial investment to the pool is made.
Acts 1983, No. 642, §1; Acts 1987, No. 703, §1; Acts 1989, No. 496, §1; Acts 1993, No. 279, §2, eff. June 2, 1993; Acts 1996, No. 21, §2, eff. June 27, 1996; Acts 2001, No. 1122, §1, eff. July 1, 2001; Acts 2002, No. 84, §2, eff. June 25, 2002; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
The secretary or the commissioner may make and promulgate rules and regulations as necessary to carry out the provisions of this Chapter, including but not limited to the following:
(1) Providing for definitions.
(2) Establishing licensure requirements.
(3) Providing for certification and decertification of licensees.
(4) Addressing issues regarding premium tax reductions and income tax credits.
(5) Establishing fees and assessments.
(6) Establishing dates by which reports shall be filed with the commissioner.
(7) Providing for administrative and enforcement actions.
Acts 1989, No. 496, §1; Acts 1996, No. 21, §2, eff. June 27, 1996; Acts 2001, No. 1122, §1, eff. July 1, 2001.
A. Advisory opinions and interpretations of the commissioner shall not be considered rules requiring compliance with the rulemaking process under the Louisiana Administrative Procedure Act.
B. This Section shall only have prospective application.
Acts 1997, No. 58, §4; Acts 2001, No. 1122, §1, eff. July 1, 2001.
The department, in addition to other grants of authority to promote the economic development of the state, is hereby authorized to serve as a clearinghouse for information relevant to potential incorporators or organizers of certified Louisiana capital companies and for the locating and promoting of qualified Louisiana businesses seeking infusions of capital.
Acts 1989, No. 496, §1.
The commissioner shall not certify a capital company to begin the program later than June 30, 2003. The commissioner shall not certify capital later than December 31, 2003.
Acts 1983, No. 642, §1; Acts 1989, No. 496, §1; Acts 1992, No. 849, §2; Acts 1993, No. 279, §2, eff. June 2, 1993; Acts 1994, 3rd Ex. Sess., No. 9, §2; Acts 1996, No. 21, §2, eff. June 27, 1996; Acts 1998, No. 70, §2, eff. Oct. 1, 1998; Acts 2001, No. 1122, §1, eff. July 1, 2001; Acts 2002, No. 84, §2, eff. June 25, 2002.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
All investments of certified capital in a certified Louisiana capital company prior to June 27, 1996, shall be one investment pool; the investment date of such investment pool shall be the date of certification or recertification, as the case may be, of the certified Louisiana capital company.
Acts 1996, No. 21, §2, eff. June 27, 1996.
A. The provisions of R.S. 51:2389(G)(5) shall apply to all records of certified Louisiana capital companies provided to or generated by the Office of Financial Institutions.
B. In conjunction with the execution of their respective duties and responsibilities, the department and the commissioner may share with one another documents and other materials submitted by certified Louisiana capital companies or by Louisiana businesses. All information exchanged by the department and the commissioner shall be kept strictly confidential within the respective agencies. Such information shall not be subject to subpoena or other legal process, except as set forth in R.S. 9:3518.1(D).
C. Notwithstanding any provision in this Section to the contrary, the secretary and the commissioner shall not be prohibited from disclosure of the following information:
(1) The total amount of certified capital raised.
(2) The total amount of certified capital raised by each certified Louisiana capital company group.
(3) The total amount of certified capital invested in qualified Louisiana businesses.
(4) The total amount of certified capital that each certified Louisiana capital company has that has yet to meet the sixty percent or one hundred percent requirements contained in R.S. 51:1928.
(5) The total amount of certified capital invested in qualified Louisiana businesses by each certified Louisiana capital company group.
(6) The amounts and types of jobs created or retained by the investments of certified capital by each certified Louisiana capital company group.
Acts 1997, No. 366, §5; Acts 2001, No. 1122, §1, eff. July 1, 2001; Acts 2002, No. 84, §2, eff. June 25, 2002.
A.(1) On or before December 31, 1998, any certified Louisiana capital company that will have capital certified pursuant to R.S. 51:1931 and which qualifies for credits pursuant to R.S. 22:832(E) shall enter into an agreement with the secretary wherein the certified Louisiana capital company invests a specified amount, not to exceed five percent as determined by the secretary, of all certified capital investment pools for which insurance premium tax credits were granted and that have not been decertified into:
(a) One or more capital management funds as approved by the secretary whose primary investment objectives include pre-seed, seed, and early stage business ventures, and whose investment in any such business and its affiliates is limited to one million dollars or less.
(b) Any certified Louisiana capital company whose primary investment objectives include investing in certified disadvantaged businesses, business ventures operating in economically distressed areas, or Louisiana businesses and affiliates in an amount not exceeding one million dollars.
(2) Beginning on January 1, 2000, the secretary shall annually determine the amount of additional investment required to be invested by each certified Louisiana capital company. Such amount required to be invested by each certified Louisiana capital company shall not exceed ten percent of all capital certified in the previous calendar year that are eligible for credits pursuant to R.S. 22:832(E) from insurance tax credit investors.
(3) Any investment made pursuant to this Section by a certified Louisiana capital company shall be considered a qualified Louisiana investment.
B. The department may promulgate rules and regulations in accordance with the Administrative Procedure Act to provide for the governance, administration, and operation of any such capital management fund, including a requirement that any approved capital management fund be managed by a qualified individual and a requirement that each certified Louisiana capital company be eligible for equal representation on any body formed for the governance of the management fund.
C. The requirements of this Section shall not apply to any investment pool certified after January 1, 2002.
Acts 1998, No. 70, §2, eff. Oct. 1, 1998; Acts 2002, No. 84, §2, eff. June 25, 2002; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
The following definitions apply when used in this Chapter:
(1) "Collateral costs" means sales tax, license fees, and registration fees and any similar governmental charges.
(2) "Consumer" means:
(a) The purchaser, other than for purposes of resale, of a new motor vehicle normally used for personal, family, or household purposes and subject to a manufacturer's express warranty.
(b) A person, other than for purposes of resale, to whom a motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle.
(c) A person to whom a motor vehicle is leased.
(d) Any other person entitled to enforce the warranty.
(3) "Dealer" means a person authorized by the manufacturer and actively engaged in the business of buying, selling, or exchanging new automobiles, new personal watercraft, or new all-terrain vehicles at retail and who has an established place of business.
(4) "Manufacturer" means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motor vehicles.
(5) "Manufacturer's express warranty" and "warranty" mean the written warranty of the manufacturer of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of an obligation under that warranty.
(6) "Motor vehicle" means a passenger motor vehicle or a passenger and commercial motor vehicle as defined in R.S. 32:1252, sold in this state on or after September 1, 1984. "Motor vehicle" shall include a personal watercraft as defined in R.S. 34:855.2 and an all-terrain vehicle as defined in R.S. 32:1252, sold in this state or still under warranty on or after August 15, 1999, which is used exclusively for personal and not commercial purposes. For the purposes of this Chapter, the following motor vehicles are excluded:
(a) Motor vehicles 10,000 GVW or above.
(b) Motor vehicles used exclusively for commercial purposes.
(7) "Nonconformity" means any specific or generic defect or malfunction, or any defect or condition which substantially impairs the use, market value or both of a motor vehicle.
Acts 1984, No. 228, §1; Acts 1986, No. 553, §1; Acts 1999, No. 933, §1; Acts 1999, No. 1048, §1, eff. July 9, 1999; Acts 2021, No. 220, §2.
If a new motor vehicle does not conform to an applicable express warranty, and the consumer reports the nonconformity to the manufacturer or any of its authorized motor vehicle dealers and makes the motor vehicle available for repair before the expiration of the warranty or during a period of one year following the date of the original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent, or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranty, notwithstanding the fact that such repairs are made after the expiration of such terms or such one-year period.
Acts 1984, No. 228, §1.
A.(1) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if the vehicle is out of service by reason of repair for a cumulative total of forty-five or more calendar days or the same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the warranty term or during a period of one year following the date of the original delivery of the motor vehicle to the consumer, whichever is the earlier date.
(2) If a manufacturer fails to respond to the consumer or to perform the repairs within the time periods described in this Subsection, such manufacturer shall be considered to have waived his rights to a final attempt to cure the nonconformity.
B. The term of an express warranty shall be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood, or natural disaster.
C. The provisions in Subsection A of this Section shall be suspended for any period of time during which repair services cannot be performed by the manufacturer, its agents, or authorized dealer because of war, invasion, strike, fire, flood, or natural disaster.
Acts 1984, No. 228, §1; Acts 1999, No. 933, §1; Acts 2008, No. 701, §1; Acts 2021, No. 220, §2.
A. If after four or more attempts within the express warranty term or during a period of one year following the date of the original delivery to the consumer of a motor vehicle, whichever is the earlier, the nonconformity has not been repaired or if the vehicle is out of service by reason of repair for a cumulative total of forty-five or more calendar days during the warranty period, the manufacturer shall:
(1) Replace the motor vehicle with a comparable new motor vehicle, or, at its option,
(2) Accept return of the motor vehicle and refund the full purchase price plus any amounts paid by the consumer at the point of sale, and all collateral costs less a reasonable allowance for use to the consumer, or any holder of a perfected security interest in the motor vehicle, as their interest may appear, if the transaction was a sale.
B. If the transaction is a lease, the provisions of Paragraph (A)(1) of this Section are applicable or the manufacturer may, if the lessor is willing, accept return of the motor vehicle and reimburse the lessee for all reasonable expenditures in connection with the lease, and further satisfy all conditions of the lease in connection with early termination and related charges. The lessee shall be liable for a reasonable allowance for use of the vehicle prior to the return thereof.
C. A reasonable allowance for use shall be that amount directly attributable to use by the consumer prior to his first notice of nonconformity to the manufacturer, agent, or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.
D. If a manufacturer has established an informal dispute settlement procedure which substantially complies with the provisions of Title 16, Code of Federal Regulations, Part 703, as from time to time amended, the provisions of Subsections A, B and C of this Section concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.
E. The consumer shall have no more than three years from the date he purchased the motor vehicle or until one year from the end of the warranty period, whichever is longer, in which to file suit against the manufacturer to force compliance with the provisions of this Section.
Acts 1984, No. 228, §1; Acts 1986, No. 553, §1; Acts 1995, No. 1136, §1; Acts 1999, No. 933, §1; Acts 2021, No. 220, §2.
At the time of receiving the comparable new motor vehicle or refund under R.S. 51:1944, the consumer, or lessor, where applicable, shall surrender the motor vehicle subject to the nonconformity to the manufacturer together with the certificate of title with all endorsements necessary to transfer title to the manufacturer. The manufacturer shall provide the consumer, or lessor, where applicable, with a comparable new motor vehicle or refund within thirty days after an offer to transfer title in compliance with this Section by the consumer, or lessor, where applicable, or within thirty days after a decision by the informal dispute settlement procedure established by the manufacturer to award a refund or replacement.
Acts 1984, No. 228, §1; Acts 1986, No. 553, §1.
A.(1) Upon the sale or transfer of title by a manufacturer, its agent, or any dealer of any second-hand motor vehicle, previously returned to a manufacturer for nonconformity to its warranty pursuant to the requirements of this Chapter, the manufacturer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner setting forth the following information in ten point, all capital type:
"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION WAS NOT FIXED WITHIN THE TIME PROVIDED BY LOUISIANA LAW."
(2) Such notice that a vehicle was returned to the manufacturer because it did not conform to its warranty shall also be conspicuously printed on the motor vehicle's certificate of title.
B. The failure of a dealer to deliver to the buyer the instrument required by this Section shall constitute a violation of this Chapter and shall be punishable by a fine of not less than five hundred dollars nor more than one thousand dollars for each violation.
Acts 1992, No. 603, §1.
Nothing in this Chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
Acts 1984, No. 228, §1.
If the motor vehicle does not conform to applicable express warranties after the consumer has complied with the requirements of this Chapter, the consumer shall be entitled to reasonable attorney fees actually incurred if a judgment is rendered in part or whole in his favor.
Acts 1985, No. 169, §1.
A. Whenever a motor vehicle which is covered by a manufacturer's express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for the repair of any defect, malfunction, or nonconformity to which the warranty is applicable and at least one of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period a rental vehicle reimbursement of up to twenty dollars per day:
(1) The repair period exceeds ten work days, including the day on which the motor vehicle is tendered to the dealer for repair.
(2) The defect, malfunction, or nonconformity is the same for which the motor vehicle has been tendered to the dealer for repair on two previous occasions.
B. The provisions of this Section regarding a manufacturer's duty shall extend only for the period of the length of the manufacturer's express warranty or for two years, whichever period of time occurs first.
C. For violations of the provisions of Subsection A, the consumer shall be entitled to recover from the manufacturer for damages incurred and reasonable attorney fees actually incurred; however, in no event shall the amount of damages awarded be less than two hundred dollars. The provisions of this Section will become effective as to cars sold after January 1, 1987, and will not be in effect in case of war, work stoppages, and natural disasters beyond the control of the manufacturer that would prevent the timely repair or parts delivery to a dealer.
D. This Section shall not apply to personal watercraft or all-terrain vehicles tendered to a manufacturer for repair.
E. Repealed by Acts 2021, No. 220, §3.
Acts 1986, No. 1058, §1; Acts 1999, No. 933, §1; Acts 1999, No. 1048, §1, eff. July 9, 1999; Acts 2021, No. 220, §3.
It shall be an unfair and deceptive trade practice within the meaning of R.S. 51:1405(A) for any person to sell a motor vehicle of 1980 or later model from which the emission controls have been removed, disconnected, or otherwise rendered inoperable without disclosing such fact to the potential buyer prior to the sale of the vehicle. Any person aggrieved by a violation of this Chapter shall have a right of action regardless of whether the sale is a commercial or consumer transaction.
Acts 1986, No. 1054, §1.
A. A motor vehicle lessor, in a rental agreement, may list mandatory charges separately, including but not limited to vehicle license recovery fees, airport access fees, airport concession fees, and all applicable taxes.
B. If a motor vehicle lessor includes a vehicle license recovery fee as a separate charge in a rental agreement, the amount of the fee shall represent the motor vehicle lessor's good-faith estimate of the lessor's average per vehicle portion of the lessor's total annual titling and registration costs incurred pursuant to the provisions of R.S. 47:451 et seq.
C. If the total amount of the vehicle license recovery fees collected by a motor vehicle lessor pursuant to this Section in any one calendar year exceeds the lessor's actual costs to license, title, and register the motor vehicles for that year, the lessor shall do the following:
(1) Retain the excess amount collected.
(2) Adjust the estimated average per vehicle titling and registration charge for the following calendar year by a corresponding amount.
D. As used in this Section, the following terms have the following meanings:
(1) "Motor vehicle" means that term as defined in R.S. 32:1252.
(2) "Motor vehicle lessor" means that term as defined in R.S. 32:1252 and subject to the licensing provisions of R.S. 32:1254(A).
(3) "Vehicle license recovery fee" means a charge that is included in a vehicle rental transaction to recover costs incurred by a motor vehicle lessor to license, title, and register rental vehicles.
Acts 2016, No. 61, §1.
§§1950 to 1954 Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
This Chapter shall be known and may be cited as the "Personal Online Account Privacy Protection Act".
Acts 2014, No. 165, §1.
As used in this Chapter, the terms defined in this Section have the meanings given to them, except where the context expressly indicates otherwise:
(1) "Educational institution" means a public or private educational institution or a separate school or department of a public or private educational institution and includes but is not limited to the following:
(a) A university, college, or junior college.
(b) An academy.
(c) An elementary or secondary school.
(d) An extension course.
(e) A kindergarten.
(f) A nursery school.
(g) A school system, school district, or intermediate school district.
(h) A business, nursing, professional, secretarial, technical, or vocational school.
(i) A public or private educational testing service or test administrator.
(j) An agent of an educational institution.
(2) "Electronic communications device" means any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device.
(3) "Employer" means a person, including a unit of state or local government, engaged in a business, industry, profession, trade, or other enterprise in this state and includes an agent, representative, or designee of the employer.
(4) "Personal online account" means an online account that the employee, applicant for employment, student, or prospective student uses exclusively for personal communications unrelated to any business purpose of the employer or educational institution. A personal online account does not extend to any account or profile created, serviced, maintained, used, or accessed by a current employee, applicant for employment, student, or prospective student for either business purposes of the employer or educational institution or to engage in business-related communications.
Acts 2014, No. 165, §1.
A. An employer shall not do any of the following:
(1) Request or require an employee or applicant for employment to disclose any username, password, or other authentication information that allows access to the employee's or applicant's personal online account.
(2) Discharge, discipline, fail to hire, or otherwise penalize or threaten to penalize an employee or applicant for employment for failure to disclose any information specified in this Subsection.
B. An employer shall not be prohibited from doing any of the following:
(1) Requesting or requiring an employee or applicant for employment to disclose any username, password, or other authentication information to the employer to gain access to or operate any of the following:
(a) An electronic communications device paid for or supplied in whole or in part by the employer.
(b) An account or service provided by the employer, obtained by virtue of the employee's or applicant's relationship with the employer, or used for the employer's business purposes.
(2) Disciplining or discharging an employee for transferring the employer's proprietary or confidential information or financial data to an employee's personal online account without the employer's authorization.
(3) Conducting an investigation or requiring an employee or applicant to cooperate in an investigation in any of the following circumstances:
(a) If there is specific information about activity on the employee's personal online account, for the purpose of ensuring compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct.
(b) If the employer has specific information about an unauthorized transfer of the employer's proprietary information, confidential information, or financial data to an employee's or applicant's personal online account.
(4) Conducting an investigation or requiring an employee or applicant to cooperate in an investigation as specified in this Subsection, including requiring the employee or applicant to share the content that has been reported in order to make a factual determination, without obtaining the username and password to the employee's or applicant's personal online account.
(5) Restricting or prohibiting an employee's or applicant's access to certain websites while using an electronic communications device paid for or supplied in whole or in part by the employer or while using an employer's network or resources, in accordance with state and federal law.
C. If through the use of an electronic device or program that monitors an employer's network or the use of an employer-provided device, an employer inadvertently receives an employee's or applicant's username, password, or other authentication information, the employer shall not be liable for having the information, but shall not use the information to access the employee's or applicant's personal online account.
D. An employer shall not be prohibited or restricted from complying with a duty to screen employees or applicants prior to hiring or to monitor or retain employee communications that are established pursuant to state or federal law, rules or regulations, case law, or rules of self-regulatory organizations.
E. An employer shall not be prohibited or restricted from viewing, accessing, or utilizing information about an employee or applicant that can be obtained without the information specified in Paragraph (A)(1) of this Section or that is available in the public domain.
F. An employer shall not be prohibited or restricted from requiring an employee to provide a personal e-mail address in order to facilitate communication with the employee in the event the employer's e-mail system fails.
G. Nothing in this Section shall be construed to prohibit or restrict an employee or applicant for employment from self-disclosing any username, password, or other authentication information to the employer that allows access to the employee's or applicant's personal online account.
Acts 2014, No. 165, §1.
A. An educational institution shall not do any of the following:
(1) Request or require a student or prospective student to disclose any username, password, or other authentication information that allows access to the student's or prospective student's personal online account.
(2) Expel, discipline, fail to admit, or otherwise penalize or threaten to penalize a student or prospective student for failure to disclose any information specified in this Subsection.
B. An educational institution shall not be prohibited from requesting or requiring a student or prospective student to disclose any username, password, or other authentication information to the educational institution to gain access to or operate any of the following:
(1) An electronic communications device paid for or supplied in whole or in part by the educational institution, except where the device has been provided to the student or prospective student with the intent to permanently transfer ownership of the device to the student or prospective student.
(2) An account or service provided by the educational institution that is either obtained by virtue of the student's or prospective student's admission to the educational institution or used by the student or prospective student for educational purposes.
C. An educational institution shall not be prohibited from doing any of the following:
(1) Viewing, accessing, or utilizing information about a student or prospective student that can be obtained without the information specified in Paragraph (A)(1) of this Section or that is available in the public domain.
(2) Restricting or prohibiting a student's or prospective student's access to certain websites while using an electronic communications device paid for or supplied in whole or in part by the educational institution or while using an educational institution's network or resources, in accordance with state and federal law, except where the device has been provided to the student or prospective student with the intent to permanently transfer the ownership of the device to the student or prospective student.
D. Nothing in this Section shall be construed to prohibit or restrict a student or prospective student from self-disclosing any username, password, or other authentication information to the educational institution that allows access to the student's or prospective student's personal online account.
Acts 2014, No. 165, §1.
A. This Chapter shall not create a duty for an employer or educational institution to search or monitor the activity of an individual's personal online account.
B. An employer or educational institution shall not be liable under this Chapter for failure to request or require an employee, a student, an applicant for employment, or a prospective student to disclose information that allows access to the employee's, student's, applicant's, or prospective student's personal online account.
Acts 2014, No. 165, §1.
This Chapter shall be known as the Software License Enforcement Act.
Acts 1984, No. 744, §1.
For purposes of this Chapter the following terms shall have the meanings set forth herein:
(1) "Computer software" means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result, in any form in which such statements or instructions may be fixed, by any method now known or hereafter developed, regardless of whether such statements or instructions are capable of being perceived by or communicated to humans, together with any associated documentation and materials.
(2) "License agreement" means any written document on which the word "license", either alone or in combination with other words, appears prominently at or near the top of such document in such a position of prominence so as to be readily noticeable to a person of average literacy viewing such document.
(3) "Reverse engineering, decompiling or disassembling" means any process by which computer software is converted from one form to another form which is more readily understandable to human beings, including without limitation any decoding or decrypting of any computer program which has been encoded or encrypted in any manner.
Acts 1984, No. 744, §1.
Any person who acquires computer software or a copy thereof shall be conclusively deemed to have accepted and agreed to all the terms of the license agreement for such software or copy thereof, including any applicable provisions contained in R.S. 51:1964, if:
(1) A written legend or notice is affixed to or packaged with the software or copy thereof in such a manner that the legend or notice is clearly and conspicuously visible upon cursory examination of the software and related packaging; and
(2) The legend or notice is prominently displayed in all capital letters and in language which is readily understandable to a person of average literacy; and
(3) The legend or notice states clearly that:
(a) Any use of the software or copy thereof will constitute acceptance of the terms of the accompanying license agreements; or,
(b) Any opening of a sealed package, envelope, or container in which the software or copy thereof is contained will constitute acceptance of the terms of the accompanying license agreement; and
(4) The legend or notice states clearly that anyone who receives the software or a copy thereof and does not accept and agree to the terms of the accompanying license agreement may, within a reasonable time, return the unused, unopened software or copy thereof to the party from whom it was acquired, or to some other identified party, for a full refund of any consideration paid; and
(5) The person acquiring the software or copy thereof takes such action as is stated in the legend or notice to constitute acceptance of and agreement to the terms of the accompanying license agreement.
Acts 1984, No. 744, §1.
Terms of which shall be deemed to have been accepted under R.S. 51:1963, if included in an accompanying license agreement which conforms to the provisions of R.S. 51:1965, may include any or all of the following:
(1) Provisions for the retention by the licensor of title to the copy of the computer software.
(2) If title to the copy of computer software has been retained by the licensor, provisions for the prohibition of any copying of the copy of computer software for any purpose and/or limitations on the purposes for which copies of the computer software can be made and/or limitations on the number of copies of the computer software which can be made.
(3) If title to the copy of computer software has been retained by the licensor, provisions for the prohibition or limitation of rights to modify and/or adapt the copy of the computer software in any way, including without limitation prohibitions on translating, reverse engineering, decompiling, disassembling, and/or creating derivative works based on the computer software.
(4) If title to the copy of computer software has been retained by the licensor, provisions for prohibitions on further transfer, assignment, rental, sale, or other disposition of that copy or any other copies made from that copy of the computer software, provided that terms which prohibit the transfer of a copy of computer software in connection with the sale or transfer by operation of law of all or substantially all of the operating assets of a licensee's business shall to that extent only not be deemed to have been accepted under R.S. 51:1963.
(5) Provisions for the automatic termination without notice of the license agreement if any provisions of the license agreement are breached by the licensee.
Acts 1984, No. 744, §1.
In order to be deemed accepted pursuant to R.S. 51:1963, the terms of the accompanying license agreement must be clearly and conspicuously stated in the license agreement in language readily understandable to the person of average literacy, and the license agreement must be attached to or packaged with the copy of the computer software in such a manner that the terms are susceptible to being readily examined before the act which is deemed to constitute acceptance occurs.
Acts 1984, No. 744, §1.
The provisions of this Chapter are not intended to limit in any manner the effectiveness or enforceability of any of the provisions of such a license agreement under any other provisions of the laws of this state, nor is this Chapter intended to limit in any manner the laws of this state or any other laws.
Acts 1984, No. 744, §1.
For the purposes of this Chapter, the following words shall have the meanings hereinafter ascribed to them:
(1) "Commercial electronic mail advertisement" means any electronic mail message initiated for the primary purpose of advertising or promoting the lease, sale, rental, gift offer, or other disposition of any property, goods, services, or extension of credit.
(2) "Domain name" means any alphanumeric designation that is registered with or assigned by any domain name registrar as part of an electronic mail address on the internet.
(3) "Electronic mail" means an electronic message that is transmitted between two or more telecommunications devices, computers, or electronic devices capable of receiving electronic messages, whether or not the message is converted to hard copy format after receipt or is viewed upon transmission or stored for later retrieval. "Electronic mail" includes electronic messages that are transmitted through a local, regional, or global computer network.
(4) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail can be sent or delivered. An "electronic mail address" may include a user name or mailbox and a reference to an internet domain.
(5) "Electronic mail service provider" means any person, including an internet service provider, that is an intermediary in sending or receiving electronic mail or that provides to end users of the electronic mail service the ability to send or receive electronic mail.
(6) "Functioning return electronic mail address" means an electronic mail address displayed in a commercial electronic mail advertisement that has the capacity to receive the number of reply messages that the sender of the commercial electronic mail advertisement should reasonably expect to be transmitted by the recipients for no less than thirty days after the sending of such advertisements.
(7) "Header information" means the source, destination, and routing information attached at the beginning of an electronic mail message, including the originating domain name and originating electronic mail message.
(8) "Initiate the transmission of a commercial electronic mail advertisement" means to transmit or cause to be transmitted a commercial electronic mail advertisement or assist in the transmission of a commercial electronic mail advertisement by providing or selecting electronic mail addresses to which the advertisement may be sent, but does not include the transmission by a telecommunications utility or an electronic mail service provider of the advertisement at the direction of another person through the network or system of a telecommunications utility or an electronic mail service provider.
(9) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks.
(10) "Louisiana electronic mail address" means any of the following:
(a) An electronic mail address furnished by an electronic mail service provider that sends bills for furnishing and maintaining that electronic mail address to a mailing address in this state.
(b) An electronic mail address ordinarily accessed from a computer located in this state.
(c) An electronic mail address furnished to a resident of this state.
(11) "Obscene material" means any tangible work or thing which the trier of fact determines:
(a) The average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest.
(b) Depicts or describes in a patently offensive way, hard-core sexual conduct as specifically provided in R.S. 14:106(A)(2).
(c) The work or thing, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(12) "Recipient" means the addressee of a commercial electronic mail advertisement. If an addressee of a commercial electronic mail advertisement has one or more electronic mail addresses to which a commercial electronic mail advertisement is sent, the addressee shall be deemed to be a separate recipient for each address to which the advertisement is sent.
(13) "Sender" means a person who initiates a commercial electronic mail advertisement.
(14) "Unsolicited commercial electronic mail message" means a commercial electronic mail message sent without the consent of the recipient, by a person with whom the recipient does not have a preexisting or current business relationship. The term "unsolicited commercial electronic message" does not include electronic mail messages where the sender:
(a) Is an organization using electronic mail to communicate exclusively with its members.
(b) Is an organization using electronic mail to communicate exclusively with its employees or contractors, or both.
(c) Has the consent of the recipient.
Acts 2003, No. 1275, §1.
Any sender of unsolicited commercial electronic mail advertisements either from Louisiana or to a Louisiana electronic mail address shall do all of the following:
(1) Maintain a functioning return electronic mail address to which a recipient may send a reply indicating the recipient's desire not to receive further commercial electronic mail advertisements from the sender at the electronic mail address at which the message was received.
(2) Maintain a functioning website at which a recipient may request his removal from the sender's mailing list.
(3) Clearly and conspicuously disclose in the commercial electronic mail advertisement all of the following:
(a) The recipient's right to decline to receive further unsolicited commercial electronic mail advertisements at the electronic mail address at which the message was received.
(b) The recipient's ability to decline to receive further unsolicited commercial electronic mail advertisements by sending a message to the sender's functioning return electronic mail address.
(c) The sender's functioning return electronic mail address.
(4) Include in the subject line of the commercial electronic mail advertisement "ADV:" as the first four characters.
(5) If the commercial electronic mail advertisement contains obscene material, include in the subject line of the commercial electronic mail advertisement "ADV:ADLT" as the first eight characters.
Acts 2003, No. 1275, §1.
A. It is unlawful for any person knowingly to initiate the transmission of an unsolicited commercial electronic mail advertisement either from Louisiana or to a Louisiana electronic mail address under any of the following circumstances:
(1) The commercial electronic mail advertisement contains or is accompanied by a third party's domain name without permission of the third party.
(2) The commercial electronic mail advertisement contains or is accompanied by falsified, misrepresented, intentionally obscured, or forged header information.
(3) The commercial electronic mail advertisement has a subject line that is intended to mislead the public about the contents of the advertisement.
(4) The sender is in violation of R.S. 51:2002 or the commercial electronic mail advertisement does not contain the notice required by R.S. 51:2002(3).
(5) More than twenty-one business days after the recipient of an unsolicited commercial electronic mail advertisement has informed the sender, by use of the functioning return electronic mail address or by other electronic means communicated to and specified by the sender, that the recipient does not wish to receive unsolicited commercial electronic mail advertisements at that electronic mail address.
(6) An employer has informed the sender, as provided in Subsection C of this Section, not to send further unsolicited commercial electronic mail advertisements to designated electronic mail addresses.
B. It is unlawful for any person to knowingly sell or otherwise provide a list of electronic mail addresses to be used to:
(1) Initiate the transmission of unsolicited commercial electronic mail advertisements in violation of this Chapter from Louisiana.
(2) Initiate the transmission of unsolicited commercial electronic mail advertisements in violation of this Chapter to a Louisiana electronic mail address.
C. An employer who provides or has control over one or more electronic mail addresses used by his employees may notify the sender of an unsolicited commercial electronic mail advertisement, by use of the functioning return electronic mail address or by other electronic means communicated to the sender, that no further commercial electronic mail advertisements should be transmitted to any of the employer-provided and employer-controlled electronic mail addresses.
Acts 2003, No. 1275, §1.
A. Any person whose property or person is injured by reason of a violation of any provision of this Chapter may recover for any damages sustained and the costs of suit. For the purposes of this Section, the term "damages" shall include but not be limited to loss of profits.
B. If the injury arises from the transmission of unsolicited or commercial electronic mail messages, the injured person, other than an electronic mail service provider, may also recover attorney fees and costs and may elect, in lieu of actual damages, to recover the lesser of ten dollars for each and every unsolicited commercial electronic mail message transmitted in violation of this Chapter, or twenty-five thousand dollars per day. The injured person shall not have a cause of action against the electronic mail service provider, which merely transmits the unsolicited commercial electronic mail message over its computer network.
C. If the injury arises from the transmission of unsolicited or commercial electronic mail messages, an injured electronic mail service provider may also recover attorney fees and costs and may elect, in lieu of actual damages, to recover the lesser of ten dollars for each and every unsolicited commercial electronic mail message transmitted in violation of this Chapter, or twenty-five thousand dollars per day.
D. At the request of any party to an action brought pursuant to this Section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party.
E. An electronic mail service provider shall not be deemed in violation of this Chapter and the injured party shall not have a cause of action against an electronic mail service provider due to the fact that the electronic mail service provider:
(1) Is an intermediary between the sender and recipient in the transmission of an electronic mail that violates this Chapter.
(2) Provides transmission of unsolicited commercial electronic mail messages over the provider's computer network or facilities or shall be liable for any action it voluntarily takes in good faith to block the receipt or transmission through its service of any electronic mail advertisements that it believes is or will be sent in violation of this Chapter.
Acts 2003, No. 1275, §1.
This Chapter deals with consumer protection against computer spyware.
Acts 2006, No. 392, §1.
As used in this Chapter:
(1) "Authorized user" means with respect to a computer, a person who owns or is authorized by the owner or lessee to use the computer.
(2) "Cause computer software to be copied" means to distribute, transfer, or procure the copying of computer software or any component thereof. The term shall not include the following:
(a) Transmission, routing, provision of intermediate temporary storage, or caching of software.
(b) A storage or hosting medium, such as a compact disc, Internet web site, or computer server, through which the software was distributed by a third party.
(c) An information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of the computer located the software.
(3) "Communications provider" means an entity providing communications networks or services that enable consumers to access the Internet or destinations on the public switched telephone network via a computer modem. This term shall include cable service providers that also provide telephone services and providers of Voice over Internet Protocol services.
(4) "Computer software" means a sequence of instructions written in any programming language that is executed on a computer. The term shall not include a text or data file, an Internet web site, or a data component of an Internet web site that is not executable independently of the Internet web site.
(5) "Computer virus" means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on other computers or computer networks without the authorization of the owners of those computers or computer networks.
(6) "Damage" means any material impairment to the integrity, functionality, or availability of data, software, a computer, a system, or information.
(7) "Deceptive" or "deception" means the following:
(a) An intentionally and materially false or fraudulent statement.
(b) A statement or description that intentionally omits or misrepresents material information in order to deceive the authorized user.
(c) An intentional and material failure to provide any notice to an authorized user regarding the download or installation of software in order to deceive the authorized user.
(8) "Execute" means with respect to computer software, the performance of the functions or the carrying out of the instructions of the computer software.
(9) "Internet" means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol (IP), or its subsequent extensions, and that is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described in this Chapter.
(10) "Message" means a graphical or text communication presented to an authorized user of a computer other than communications originated and sent by the computer's operating system or communications presented for any of the purposes described in R.S. 51:2011.
(11) "Personally identifiable information" means any of the following:
(a) First name or first initial in combination with last name.
(b) Credit or debit card numbers or other financial account numbers.
(c) A password or personal identification number required to access an identified financial account other than a password, personal identification number, or other identification number transmitted by an authorized user to the issuer of the account or its agent.
(d) Social Security number.
(e) Any of the following information in a form that personally identifies an authorized user:
(i) Account balances.
(ii) Overdraft history.
(iii) Payment history.
(iv) A history of Internet web sites visited.
(v) Home address.
(vi) Work address.
(vii) A record of a purchase or purchases.
(12) "Procure the copying" means to pay or provide other consideration to or induce another person to cause software to be copied onto a computer.
Acts 2006, No. 392, §1.
A person or entity that is not an authorized user shall not knowingly or willfully cause computer software to be copied or procure the copying onto the computer of an authorized user in this state and use the software to do any of the following acts:
(1) Modify through deceptive means any of the settings related to the computer's access to or use of the Internet including the following:
(a) The page that appears when an authorized user launches an Internet browser or similar software program used to access and navigate the Internet.
(b) The default provider or Internet web site proxy that the authorized user uses to access or search the Internet.
(c) The authorized user's list of bookmarks used to access Internet web site pages.
(2) Collect through deceptive means personally identifiable information that meets any of the following criteria:
(a) It is collected through the use of a keystroke-logging function that records all keystrokes made by an authorized user who uses the computer and transfers that information from the computer to another person.
(b) It includes all or substantially all of the Internet web sites visited by an authorized user, other than Internet web sites of the provider of the software, if the computer software was installed in a manner designed to conceal from all authorized users of the computer the fact that the software is being installed.
(c) It is a data element described in R.S. 51:2007(11)(b), (c), (d), or (e)(i) or (ii) that is extracted from the authorized user's computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service described to an authorized user.
(3) Prevent, without the authorization of an authorized user, through deceptive means an authorized user's reasonable efforts to block the installation of or to disable software by causing software that the authorized user has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user.
(4) Misrepresent that software will be uninstalled or disabled by an authorized user's action with knowledge that the software will not be so uninstalled or disabled.
(5) Through deceptive means, remove, disable, or render inoperative security, anti-spyware, or anti-virus software installed on the computer.
Acts 2006, No. 392, §1.
A person or entity that is not an authorized user shall not knowingly or willfully cause computer software to be copied or procure the copying onto the computer of an authorized user in this state and use the software to do any of the following acts:
(1) Take control of the authorized user's computer by doing any of the following:
(a) Transmit or relay commercial electronic mail or a computer virus from the authorized user's computer, where the transmission or relaying is initiated by a person other than the authorized user and without the authorization of an authorized user.
(b) Access or use the authorized user's modem or Internet service for the purpose of causing damage to the authorized user's computer or cause an authorized user to incur financial charges for a service that is not authorized by an authorized user.
(c) Use the authorized user's computer as part of an activity performed by a group of computers for the purpose of causing damage to another computer, including but not limited to launching a denial of service attack.
(d) Open a series of stand-alone messages in the authorized user's computer without the authorization of an authorized user and with knowledge that a reasonable computer user cannot close the advertisements without turning off the computer or closing the Internet application.
(2) Modify settings related to the computer's access to or use of the Internet including the following:
(a) An authorized user's security or other settings that protect information about the authorized user for the purpose of stealing personal information of an authorized user.
(b) The security settings of the computer for the purpose of causing damage to one or more computers.
(3) Prevent, without the authorization of an authorized user, an authorized user's reasonable efforts to block the installation of or to disable software by doing any of the following:
(a) Presenting the authorized user with an option to decline installation of software with knowledge that, when the option is selected by the authorized user, the installation nevertheless proceeds.
(b) Falsely representing that software has been disabled.
(c) Requiring in a deceptive manner the user to access the Internet to remove the software with knowledge or reckless disregard of the fact that the software frequently operates in a manner that prevents the user from accessing the Internet.
(d) Changing the name, location, or other designation information of the software for the purpose of preventing an authorized user from locating the software to remove it.
(e) Using randomized or deceptive file names, directory folders, formats, or registry entries for the purpose of avoiding detection and removal of the software by an authorized user.
(f) Causing the installation of software in a particular computer directory or computer memory for the purpose of evading authorized users' attempts to remove the software from the computer.
(g) Requiring, without the authority of the owner of the computer, that an authorized user obtain a special code or download software from a third party to uninstall the software.
Acts 2006, No. 392, §1.
A person or entity who is not an authorized user shall not do any of the following:
(1) Induce an authorized user to install a software component onto the computer by misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content.
(2) Cause the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision of this Section.
Acts 2006, No. 392, §1.
A. Nothing in R.S. 51:2009 or 2010 shall apply to any monitoring of or interaction with a user's Internet or other network connection or service, or a protected computer, by a cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, authorized updates of software or system firmware, network management or maintenance, authorized remote system management or detection or prevention of the use of or fraudulent or other illegal activities as prohibited by this Chapter in connection with a network, service, or computer software, including scanning for and removing software proscribed under this Chapter.
B. Nothing in this Chapter shall limit the rights of providers of wire and electronic communications under 18 U.S.C. 2511.
Acts 2006, No. 392, §1.
The district attorney of a parish where a violation of this Chapter occurs and the attorney general shall have the authority to investigate and institute criminal proceedings for any such violation.
Acts 2006, No. 392, §1.
Any person that violates the provisions of R.S. 51:2008(2) and R.S. 51:2009(1)(a), (b), and (c) and (2) shall be imprisoned for not more than ten years or fined not more than twenty-five thousand dollars, or both.
Acts 2006, No. 392, §1.
A. A violation of this Chapter shall be considered an unfair trade practice and such violation shall subject the violator to all of the provisions of the Unfair Trade Practices and Consumer Protection Law and as provided for in R.S. 51:1401 et seq.
B. Except for an action or other relief brought under Subsection A of this Section, the following persons may bring a civil action against a person who violates this Chapter:
(1) A provider of computer software who is adversely affected by the violation.
(2) An Internet service provider who is adversely affected by the violation.
(3) A trademark owner whose trademark is used without the authorization of the owner to deceive users in the course of any of the deceptive practices prohibited by this Section.
(4) The attorney general.
C. A person bringing an action under Subsection B of this Section may apply for injunctive relief to restrain any violation of this Chapter and seek to recover damages not to exceed one hundred thousand dollars for each violation.
D. The court may increase an award of actual damages in an action brought under this Section to an amount not to exceed three times the actual damages sustained if the court finds that the violations have occurred with such frequency with respect to a group of victims as to constitute a pattern or practice.
E. A plaintiff who prevails in an action filed under this Section is entitled to recover reasonable attorney fees and court costs.
F. In the case of a violation of R.S. 51:2009(1)(b) that causes a communications provider to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of the communications provider as a result of a violation, the communications provider may bring a civil action against the violator to recover any or all of the following:
(1) The charges the carrier is obligated to pay to another carrier or to an information service provider as a result of the violation, including but not limited to charges for the origination, transport, or termination of the call.
(2) Costs of handling customer inquiries or complaints with respect to amounts billed for calls.
(3) Costs and reasonable attorney fees.
(4) An order to enjoin the violation.
Acts 2006, No. 392, §1.
A. This Chapter may be cited as the "Louisiana Anti-Phishing Act."
B. As used in this Chapter, the following terms shall have the meanings ascribed in this Section:
(1) "Electronic mail" means a message, file, or other information that is transmitted through a local, regional, or global computer network, regardless of whether the message, file, or other information is viewed, stored for retrieval at a later time, printed, or filtered by a computer program that is designed or intended to filter or screen those items.
(2) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.
(3) "Identifying information" means information that alone or in conjunction with other information identifies an individual, including an individual's:
(a) Name, social security number, date of birth, and government-issued identification number.
(b) Unique biometric data, including the individual's fingerprint, voice print, and retina or iris image.
(c) Unique electronic identification number, address, and routing code, and financial institution account number.
(d) Telecommunication identifying information or access device.
(4) "Internet domain name" refers to a globally unique, hierarchical reference to an Internet host or service, assigned through a centralized Internet-naming authority and composed of a series of character strings separated by periods with the right-most string specifying the top of the hierarchy.
(5) "Web page" means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
A person may not, with the intent to engage in conduct involving the fraudulent use or possession of another person's identifying information:
(1) Create a Web page or Internet domain name that is represented as a legitimate online business without the authorization of the registered owner of the business.
(2) Use that Web page or a link to the Web page, that domain name, or another site on the Internet to induce, request, or solicit another person to provide identifying information for a purpose that the other person believes is legitimate.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
A person may not, with the intent to engage in conduct involving the fraudulent use or possession of identifying information, send or cause to be sent to an electronic mail address held by a resident of this state an electronic mail message that:
(1) Is falsely represented as being sent by a legitimate online business;
(2) Refers or links the recipient of the message to a Web page that is represented as being associated with the legitimate online business; and
(3) Directly or indirectly induces, requests, or solicits the recipient of the electronic mail message to provide identifying information for a purpose that the recipient believes is legitimate.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
A. The following persons may bring a civil action against a person who violates this Chapter:
(1) A person engaged in the business of providing Internet access service to the public who is adversely affected by the violation.
(2) An owner of a Web page or trademark who is adversely affected by the violation.
(3) The attorney general.
B. A person bringing an action under this Section may either:
(1) Seek injunctive relief to restrain the violator from continuing the violation.
(2) Recover damages in an amount equal to the greater of:
(a) Actual damages arising from the violation.
(b) One hundred thousand dollars for each violation of the same nature or both.
(3) Seek both injunctive relief and recover damages as provided by this Subsection.
C. The court may increase an award of actual damages in an action brought under this Section to an amount not to exceed three times the actual damages sustained if the court finds that the violations have occurred with a frequency as to constitute a pattern or practice.
D. A plaintiff who prevails in an action filed under this Section is entitled to recover reasonable attorney fees and court costs.
E. For purposes of this Section, violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or act occurred.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
This Chapter does not apply to a telecommunications provider's or Internet service provider's good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
This Chapter shall be known as the "Anti-Phishing Act of 2006".
Acts 2006, No. 201, §1.
For the purposes of this Chapter, the following terms have the following meanings:
(1) "Electronic mail message" means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which an electronic message can be sent or delivered.
(2) "Identifying information" means any of the following:
(a) Social security number.
(b) Driver's license number.
(c) Bank account number.
(d) Credit card or debit card number.
(e) Personal identification number (PIN).
(f) Automated or electronic signature.
(g) Unique biometric data.
(h) Account password.
(i) Any other piece of information that can be used to access an individual's financial accounts or to obtain goods or services.
(3) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks.
(4) "Web page" means a location that has a single uniform resource locator or other single location with respect to the Internet.
Acts 2006, No. 201, §1.
It shall be unlawful for any person, by means of a web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing itself to be a business without the authority or approval of the business.
Acts 2006, No. 201, §1.
A. A person who is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark that is adversely affected by a violation of R.S. 51:2033 may bring an action against a person who violates or is in violation of R.S. 51:2033. A person who brings an action under this Subsection may seek to recover the greater of actual damages or five hundred thousand dollars.
B. An individual who is adversely affected by a violation of R.S. 51:2033 may bring an action, but only against a person who has directly violated R.S. 51:2033. A person who brings an action under this Subsection may seek to enjoin further violations of R.S. 51:2033 and seek to recover the greater of three times the amount of actual damages or five thousand dollars per violation.
C. The attorney general or a district attorney in a parish where a violation occurs may bring an action against a person who violates or is in violation of R.S. 51:2033 to enjoin further violations of R.S. 51:2033 and to recover a civil penalty of up to two thousand five hundred dollars per violation.
D. In an action pursuant to this Section, a court may, in addition, do either or both of the following:
(1) Increase the recoverable damages to an amount up to three times the damages otherwise recoverable under Subsections A and B of this Section in cases in which the defendant has engaged in a pattern and practice of violating R.S. 51:2033.
(2) Award costs of suit and reasonable attorney fees to a prevailing plaintiff.
E. The remedies provided for in this Section do not preclude the seeking of any other remedies, including criminal remedies, provided by law.
F. For purposes of Subsection A of this Section, multiple violations of R.S. 51:2033 resulting from any single action or conduct shall constitute one violation.
Acts 2006, No. 201, §1.
This Chapter shall be known and may be cited as the "Louisiana Cybersecurity Information Sharing Act".
Acts 2019, No. 187, §1.
The purpose of this Act is to provide a framework for permissive sharing of cybersecurity information under Louisiana law that is consistent with and does not conflict with the requirements of the federal Cybersecurity Information Sharing Act of 2015, 6 U.S.C. 1501 et seq., except as specifically provided by the provisions of this Chapter.
Acts 2019, No. 187, §1.
The terms "cyber threat indicator" and "defensive measure information" have the meaning ascribed to them by 6 U.S.C. 1501 et seq.
Acts 2019, No. 187, §1.
When sharing a cyber threat indicator or defensive measure information, each natural or juridical person or public or private entity shall receive the legal protections and privileges conveyed by the federal Cybersecurity Information Sharing Act of 2015, 6 U.S.C. 1501 et seq., and R.S. 51:2106.
Acts 2019, No. 187, §1.
Sharing a cyber threat indicator or defensive measure information shall not constitute a waiver of any applicable privilege or protection provided pursuant to the Louisiana Code of Evidence.
Acts 2019, No. 187, §1.
A. In addition to those entities identified in 6 U.S.C. 1501(3), the following entities are authorized to receive cyber threat indicators and defensive measure information, as an appropriate state entity, through electronic mail transmission:
(1) The Department of Justice, office of the attorney general, Louisiana Bureau of Investigation.
(2) The Department of Public Safety and Corrections, office of state police, Louisiana State Analytical and Fusion Exchange.
(3) The Governor's Office of Homeland Security and Emergency Preparedness.
B. When a natural person or private or public entity is conveying a cyber threat indicator or defensive measure information by electronic mail, the natural person or public or private entity shall indicate such by populating "Cyber Threat Indicator" or "Cyber Defensive Measure" in the subject line of the electronic mail.
Acts 2019, No. 187, §1.
Nothing in this Chapter shall relieve a person or entity from compliance with the Database Security Breach Notification Law, R.S. 51:3071 et seq., specifically including but not limited to the requirements under R.S. 51:3074.
Acts 2019, No. 187, §1.
No state entity that receives cybersecurity information shared pursuant to the provisions of this Chapter shall be subject to the reporting requirements of 6 U.S.C. 1508.
Acts 2019, No. 187, §1.
The Department of Corrections, office of state police, may, in accordance with the Administrative Procedure Act, adopt all rules necessary to implement the provisions of this Chapter provided that any rule promulgated does not conflict with the provisions of 6 U.S.C. 1501 et seq.
Acts 2019, No. 187, §1.
The purposes of this Chapter are:
(1) To create a registration for managed service providers and managed security service providers doing business in this state with a public body.
(2) To provide access for public bodies to obtain information on managed service providers and managed security service providers.
(3) To require managed service providers and managed security service providers to report cyber incidents and the payment of cyber ransom or ransomware.
Acts 2020, No. 117, §2, eff. Feb. 1, 2021.
As used in this Chapter, the following words and phrases shall be defined as follows:
(1) "Cyber incident" means the compromise of the security, confidentiality, or integrity of computerized data due to the exfiltration, modification, or deletion that results in the unauthorized acquisition of and access to information maintained by a public body.
(2) "Cyber ransom or ransomware" means a type of malware that encrypts or locks valuable digital files and demands a ransom to release the files.
(3) "Louisiana Fusion Center" means the Department of Public Safety and Corrections, office of state police, Louisiana State Analytical and Fusion Exchange.
(4) "Managed security service" means a network and system security service that has been outsourced to a third-party service provider pursuant to a written agreement specifying the service and in which the service provider has assumed operational control of the monitoring and management of the public body's cybersecurity. The term shall not include a cybersecurity consulting service or customer-managed service purchased from the provider.
(5) "Managed security service provider" means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicated, or any similar entity or combination of entities that provides a managed security service for a public body.
(6) "Managed service provider" means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicated, or any similar entity or combination of entities that manages a public body's information technology infrastructure or end-user systems. The term shall not include any entity providing communications services subject to regulation or oversight by the Louisiana Public Service Commission or the Federal Communications Commission.
(7) "Provider" means a managed service provider or managed security service provider that requires remote management or operational control of a public body's network or end user systems.
(8) "Public body" means any branch, department, office, agency, board, commission, district, governing authority, political subdivision, or any other instrumentality of the state, parish, or municipal government, including a public or quasi-public nonprofit corporation designated as an entity to perform a governmental or proprietary function.
Acts 2020, No. 117, §2, eff. Feb. 1, 2021.
A. A provider shall not provide managed security services to a public body in this state unless the provider has registered with the secretary of state and remains in good standing.
B. Beginning February 1, 2021, each provider that manages a public body's information technology structure, security, or end-user systems in this state shall file an application for initial registration with the secretary of state consisting of the provider's name, address, telephone number, contact person, designation of a person in this state for service of process, and provide a listing of all officers, all directors, and all owners of ten percent or more of the provider. Additionally, the provider shall file a copy of its basic organizational documents, including but not limited to articles of incorporation, articles of organization, articles of association, or partnership agreement.
C. A registration shall be effective for two years, unless the registration is denied or revoked. Ninety days prior to the expiration of a registration, a provider shall submit a renewal application on a form prescribed by the secretary of state.
D. Each registrant shall notify the secretary of state of any material change in the registration information no later than sixty days after the effective date of such change. The notice shall be accompanied by supporting documentation.
E. Notwithstanding any provision of this Section to the contrary, the secretary of state shall not disclose the registration information of any provider that manages a public body's information technology structure, security, or end-user systems in this state, except for a request for disclosure submitted by a public body as defined in R.S. 51:2112.
Acts 2020, No. 117, §2, eff. Feb. 1, 2021; Acts 2021, No. 231, §2, eff. June 11, 2021.
A. To the extent a provider has actual knowledge of a cyber incident, which impacts a public body, the provider shall notify the Louisiana Fusion Center of the cyber incident within twenty-four hours of discovery of the incident.
B. If a provider has a cyber incident which impacts a public body and the provider or public body makes a payment of cyber ransom or ransomware, to the extent the provider has actual knowledge of the payment, the provider shall report the payment of the cyber ransom or ransomware to the Louisiana Fusion Center within ten calendar days of the payment.
C. A provider who submits a notification pursuant to Subsection A or B of this Section shall include in the notification the name of the impacted body.
D. A public body shall include the requirements of this Section in its contracts with providers. A provider shall be required to comply with the provisions of this Section only to the extent the contract between the public body and the provider explicitly incorporates the provisions of this Chapter.
Acts 2020, No. 117, §2, eff. Feb. 1, 2021.
A public body shall not enter into a contract for managed security services with a provider that has not registered with the secretary of state or has failed to renew its registration with the secretary of state. Such a contract shall be null and void.
Acts 2020, No. 117, §2, eff. Feb. 1, 2021.
The secretary of state shall adopt rules and regulations to implement the provisions of this Chapter.
Acts 2020, No. 117, §2.
A.(1) Any commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of the material shall be subject to civil penalties as provided in this Section if the entity fails to perform reasonable age verification methods to verify the age of individuals attempting to access the material.
(2) The attorney general may conduct an investigation of the alleged violation and initiate a civil action in the Nineteenth Judicial District Court for the parish of East Baton Rouge on behalf of the state to assess civil penalties. Prior to asserting a cause of action, the attorney general shall provide the commercial entity with a period of time of not less than thirty days to comply with this Section.
B.(1) Any commercial entity that violates this Section may be liable for a civil penalty, to be assessed by the court, of not more than five thousand dollars for each day of violation to be paid to the Department of Justice, in order to fund the investigation of cyber crimes involving the exploitation of children. In addition to the remedies provided in this Section, the attorney general may request and the court may impose an additional civil penalty not to exceed ten thousand dollars for each violation of this Section against any commercial entity found by the court to have knowingly failed to perform reasonable age verification methods to verify the age of individuals attempting to access the material. The civil penalty shall be paid to the Department of Justice in order to fund the investigation of cyber crimes involving the exploitation of children.
(2) Each violation may be treated as a separate violation or may be combined into one violation at the option of the attorney general.
(3) Any commercial entity that violates this Section may be liable to the attorney general for all costs, expenses, and fees related to investigations and proceedings associated with the violation, including attorney fees.
(4) If the court assesses a civil penalty pursuant to this Section, the Department of Justice shall be entitled to legal interest as provided in R.S. 9:3500 from the date of imposition of the penalty until paid in full.
C.(1) This Section shall not apply to any bona fide news or public interest broadcast, website, video, report, or event and shall not be construed to affect the rights of any news-gathering organization.
(2) No internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider shall be held to have violated the provisions of this Section solely for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under the control of that provider, including transmission, downloading, intermediate storage, access software, or other related capabilities, to the extent that the provider is not responsible for the creation of the content of the communication that constitutes material harmful to minors.
D. For purposes of this Section:
(1) "Commercial entity" means corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities.
(2) "Distribute" means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means.
(3) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks.
(4) "Material harmful to minors" means all of the following:
(a) Any material that the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest.
(b) Any of the following material that exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated display or depiction of any of the following, in a manner patently offensive with respect to minors:
(i) Pubic hair, anus, vulva, genitals, or nipple of the female breast.
(ii) Touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals.
(iii) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act.
(c) The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors.
(5) "Minor" means any person under the age of eighteen years.
(6) "News-gathering organization" means any of the following:
(a) An employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this Subparagraph, who can provide documentation of employment with the newspaper, news publication, or news source.
(b) A radio broadcast station, television broadcast station, cable television operator, wire service, or an employee thereof.
(7) "Publish" means to communicate or make information available to another person or entity on a publicly available internet website.
(8) "Reasonable age verification methods" means verifying that a person seeking to access the material is eighteen years of age or older by using any of the following methods:
(a) Providing a digitized identification card as defined in R.S. 51:3211.
(b) Requiring the person attempting to access the material to comply with a commercial age verification system that verifies in any of the following ways:
(i) Government-issued identification.
(ii) Any commercially reasonable method that relies on public or private transactional data to verify that the age of the person attempting to access the information is at least eighteen years of age or older.
(9) "Substantial portion" means more than thirty-three and one-third percent of total material on a website which meets the definition of "material harmful to minors" as defined by this Section.
Acts 2023, No. 216, §1.
A. The Cajundome Commission, hereinafter referred to as the "commission", was established in 1987 pursuant to an intergovernmental contract between the University of Louisiana at Lafayette, formerly the University of Southwestern Louisiana, hereinafter referred to as the "university", and the city of Lafayette, hereinafter referred to as the "city", under authority of Article VII, Section 14(C) of the Constitution of Louisiana and R.S. 33:1332, as a joint commission and body corporate to control and operate the multi-purpose academic, athletic, civic, and community assembly arena and convention center and surrounding land located at 444 Cajundome Boulevard, Lafayette, Louisiana, known as the Cajundome (collectively, the "Cajundome"). The Cajundome is owned by the university through the Board of Supervisors for the University of Louisiana System for the public purpose of providing entertainment, cultural, economic, and educational benefits to the community of Lafayette and the Acadiana region. The commission was continued through two subsequent intergovernmental contracts and three extensions thereof between the University and the city. Act No. 319 of the 1995 Regular Session of the Legislature recognized the commission by adding it to the list of employers participating in the Municipal Employees' Retirement System.
B. The current intergovernmental contract providing for the commission expires on July 31, 2024. To ensure the continued existence of the commission upon expiration of the intergovernmental contract and to prevent any disruption to the management, operation, or maintenance of the Cajundome or the rights, benefits, debts, or obligations of the presently existing commission, effective immediately upon the expiration of the current intergovernmental contract, the commission is hereby statutorily continued as a political subdivision of the state to develop, manage, operate, and maintain the Cajundome. In all respects except as otherwise expressly provided in this Chapter, the commission shall continue in existence as presently constituted, with and subject to all rights, benefits, debts, and obligations in existence as of the date of expiration of the current intergovernmental contract, with no interruption whatsoever. For purposes of R.S. 39:112, any project undertaken by the commission shall be considered to be owned and operated by the state.
C. The commission shall be domiciled in the parish of Lafayette.
D.(1) The commission shall be governed by a board of commissioners, hereinafter referred to as the "board", composed of five persons. Except as provided in Paragraph (2) of this Subsection, each member of the board shall be appointed for a term of four years and shall serve until their successors have been appointed. Members shall be appointed as follows:
(a) Two by the president of the University of Louisiana at Lafayette, with one appointment being a minority.
(b) Two by the mayor-president of the Lafayette City-Parish Consolidated Government.
(c) One by the Lafayette City Council.
(2) The members as of the date of expiration of the current intergovernmental contract shall continue to serve their then-current terms. Upon expiration of their terms, the members as of such date other than the president shall be replaced by members appointed by the appointing authorities set forth in Paragraph (1) of this Subsection as their terms expire in the following order: first by the president of the University of Louisiana at Lafayette; second by the mayor-president of the Lafayette City-Parish Consolidated Government; third by the board of commissioners of the Lafayette Economic Development Authority; fourth by the president of the University of Louisiana at Lafayette; and fifth by the Lafayette City Council.
(3) Any vacancy occurring in the membership of the board shall be filled by the appointing authorities set forth in Paragraph (1) of this Subsection, as to the members respectively appointed by them. Any person appointed to fill a vacancy shall serve for the remainder of the unexpired term. The appointing authorities set forth in Paragraph (1) of this Subsection, as appropriate, may remove any member respectively appointed by them at any time, with or without cause and solely at their discretion.
E. The board shall elect from its membership a chair, a vice chair, and a secretary-treasurer.
F. A majority of the total membership of the board shall constitute a quorum in order to transact business of the commission. No contract shall be approved or any financial obligation incurred by or on behalf of the commission unless approved by a majority vote of the members of the board; provided, however, that the board may delegate to its chair or to the commission's director the authority to enter into contracts or incur financial obligations that the board determines to be in the commission's best interest for the efficient operation of the Cajundome.
G. Members of the board shall serve without compensation; however, they shall be reimbursed for expenses incurred while attending to the business of the board or the commission.
Acts 2024, No. 510, §1.
A. The commission shall develop, manage, operate, and maintain the Cajundome including any additions or appurtenances thereto for the public purpose of providing entertainment, cultural, economic, and educational benefits to the community of Lafayette and the Acadiana region.
B. The commission, through its board, may sue and be sued in the courts of its domicile, and service of process shall be made on the chair of the board or, in the absence of the chair, upon the vice chair.
C. The commission, acting through its board, shall have all authority and power to effectuate the purposes of the commission, including but not limited to the following rights and powers:
(1) To acquire, purchase, lease as lessee, and hold and use any property, movable or immovable, tangible or intangible, or any interest therein that is necessary or desirable to carry out the purposes of the commission and to sell, lease as lessor, transfer, dispose of, or encumber any property or interest therein acquired by the commission.
(2) To develop, manage, operate, and maintain the Cajundome, including any and all additions and appurtenances thereto; provided, however, that the construction of additions, improvements, or renovations to the Cajundome shall be done only with permission of the university as owner of the Cajundome.
(3) To execute contracts of any sort with public or private entities to effectuate the provisions of this Chapter.
(4) To execute contracts or agreements with any person, corporation, association, or other entity, including private persons, public corporations, political subdivisions, the government of the United States or any of its agencies, the state of Louisiana or any of its agencies, or any combination thereof, for or relating to the use of the Cajundome's facilities, services, and equipment.
(5) To fix, collect, consent to, and revise rates, charges, rentals, and other terms for the use of the Cajundome's facilities, services, and equipment as may be necessary or appropriate in the board's discretion or as authorized by the board, including but not limited to contracts with promoters for such use upon terms authorized by the board.
(6) To establish rules and regulations for the conduct of the commission's affairs, including but not limited to rules and regulations governing the management and operation of the Cajundome and its facilities, services, equipment, programs, and activities.
(7) To accept gifts, grants, and donations of property and money.
(8) To cooperate with the state of Louisiana or any political subdivision, department, agency, or corporation thereof for the development, operation, or maintenance of the Cajundome to accomplish the purposes of this Chapter on any basis, including the matching of funds, and by participating in projects authorized by federal or state law.
(9) To contract with, employ, and fix the compensation and terms of employment of agents or employees as may be necessary or appropriate to develop, manage, operate, and maintain the Cajundome.
(10) To pledge all or any part of its revenues for any lawful purpose to effectuate the provisions of this Chapter.
(11) To incur debt, issue bonds, and pledge payment of bonds issued by the commission for any authorized purpose pursuant to Part XII of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950.
D. All policies, procedures, delegations, authorizations, contracts, and obligations of the board or commission in effect on August 1, 2024, shall continue in full force and effect unless and until amended by future action of the board.
Acts 2024, No. 510, §1.
This Chapter shall be known and may be cited as the "Child Performer Trust Act".
Acts 2005, No. 147, §2.
A. The provisions of this Chapter shall apply to any contract in which a minor is employed or agrees to render artistic or creative services for compensation of five hundred dollars or more in this state which is not otherwise prohibited under Chapter 3 of Title 23 of the Louisiana Revised Statutes of 1950, directly or through a third-party individual or personal services corporation, a loan-out company, or through an agency or service that provides artistic or creative services including, but not limited to, a casting agency or other similar entity.
B. As used in this Chapter, "artistic or creative services" includes, but is not limited to, services as an actor, actress, dancer, musician, comedian, singer, stunt-person, voice-over artist or other performer or entertainer in any motion picture, television, radio, theatrical or sports production or commercial production.
Acts 2005, No. 147, §2.
A.(1) Every contract executed by or on behalf of a minor rendering artistic or creative services for compensation in this state shall require that fifteen percent of the gross earnings for the minor under the contract be placed in a trust fund created for the benefit of the minor and, except as provided in Subsection G of this Section, that the trust fund be created in a state or federally chartered financial institution, including trust companies, operating in this state through one or more branches.
(2) Monies placed in a trust fund pursuant to the provisions of this Chapter shall be placed in a blocked account and no funds shall be withdrawn prior to the date the minor attains the age of eighteen unless the minor is determined to be in necessitous circumstances by a court of competent jurisdiction.
(3) All monies deposited in trust pursuant to the provisions of this Chapter shall be administered by the financial institution as a fiduciary for the benefit of the minor. Reasonable fees may be charged by a financial institution to the trust for providing services as fiduciary and/or trustee.
B.(1) Monies in the trust fund shall be invested in a combination of United States Treasury notes, bonds, interest bearing savings accounts, or certificates of deposit fully insured by the federal government at the highest possible rate of return without risk to principal in the trust account or a combination of such investments. All funds derived from investments and earnings attributed to the trust fund shall be redeposited into the fund and invested in accordance with the provisions of this Chapter. All investments in the fund shall have a maturity date on or before the date the minor attains the age of eighteen.
(2) Funds may be withdrawn from the trust fund by the beneficiary only after the beneficiary provides a certified copy of his birth certificate to the financial institution where the trust fund is located showing that the beneficiary is at least eighteen years of age.
C. Both parents of a minor on whose behalf monies are placed in trust pursuant to this Section shall serve as trustees of the trust unless otherwise provided in writing by both parents or in the case of divorce or death of a parent by the person appointed as tutor of the minor, or by both cotutors if the parents are divorced and have joint custody of the minor. Any state or federally chartered financial institution operating in this state through one or more branches, may serve as a trustee.
D. Prior to execution of a contract subject to the provisions of this Chapter, the trustee or trustees shall establish the trust required under this Section, unless an account has been previously established, and no contract subject to the provisions of this Chapter shall be executed until the trustee or trustees provide a written statement to the employer which shall include the name, address, and telephone number of the financial institution holding the trust account, the name of the account, the number of the account, the name of the minor beneficiary, the name of the trustee or trustees of the account and such additional information as may be required by the employer to make the deposit required under this Section. The trustee or trustees shall attach to this written statement a true and accurate photocopy of any information received from the financial institution confirming the creation and existence of the trust account on behalf of the minor, and may include a copy of the account agreement, account terms, passbook, or other similar writings required by the employer.
E. In the event that a trust account is not established on behalf of a minor performer within thirty days of the last day of employment, the employer shall forward the fifteen percent of the minor's gross earnings, accompanied by the name of the minor, and if known, the minor's address and social security number, to the treasurer of the state of Louisiana, who shall hold such funds in trust to be tendered to a trust account that is subsequently established on behalf of the minor, or if no such trust account is established, then to the minor upon reaching the age of majority.
F. Once the employer has transferred monies pursuant to this Section to either the minor's trust account or the treasurer's office in those circumstances where a trust account has not been established, the employer has no further duty or obligation with respect to the transferred monies.
G. If a trust account is already established on behalf of the minor in another state, all monies required to be deposited in a trust fund under the provisions of this Section, may be deposited into the trust account already established in another state for the benefit of the minor.
Acts 2005, No. 147, §2; Acts 2006, No. 594, §1.
A. Every contract or employment arrangement agreed to by the parties subject to the provisions of this Chapter shall include provisions contained in this Section for the education of the minor being employed to render artistic or creative services.
B. If a minor is absent from school for two or more days within a thirty-day period, the employer shall employ a certified teacher, beginning on the second day of employment, to provide a minimum of three education instruction hours per day to the minor pursuant to the lesson plans for the particular minor as provided by the principal and teachers at the minor's school. There must be a teacher to student ratio of one teacher for every ten students.
Acts 2005, No. 147, §2.
No minor's employment regulated under the provisions of this Chapter shall occur without the issuance of a written permit from Louisiana Works as provided in Chapter 3 of Title 23 of the Louisiana Revised Statutes of 1950.
Acts 2005, No. 147, §2; Acts 2008, No. 743, §7, eff. July 1, 2008.
Repealed by Acts 2001, No. 9, §10, eff. July 1, 2001.
This Chapter shall be known as the "Artists' Authorship Rights Act."
Acts 1986, No. 599, §1.
When used in this Chapter, the terms listed below shall have the following meanings:
(1) "Artist" means the creator or each of the joint creators of a work of fine art.
(2) "Conservation" means acts taken to prevent, stop, or retard deterioration of a work of fine art.
(3) "Person" means an individual, partnership, corporation, association, governmental body, or other group, however organized.
(4) "Recognized quality" means those attributes of a work of fine art that enhance its value. The issue of whether or not these attributes exist shall be determined by the trier of fact based on the opinions of artists, art dealers, collectors of fine art, curators of art museums, restorers and conservators of fine art, and other persons involved with the creation or marketing of fine art.
(5) "Reproduction" means a copy or likeness, in any medium, of a work of fine art that is displayed or published under circumstances that, reasonably construed, evidence an intent that it be taken as a representation of a work of fine art as created by the artist.
(6) "Restoration" means acts taken to correct deterioration and alteration of a work of fine art.
(7) "Work of fine art" means any original work of visual or graphic art of recognized quality in any medium which includes, but is not limited to, the following: painting, drawing, print, photographic print, or sculpture of a limited edition of no more than three hundred copies; however, "work of fine art" shall not include sequential imagery such as motion pictures.
Acts 1986, No. 599, §1.
Except as limited by R.S. 51:2155, no person other than the artist or a person acting with the artist's consent, and in the case of joint creators with consent from all of them, shall knowingly display to others, make accessible to the public, or publish the following:
(1) A work of fine art of an artist in an altered, defaced, mutilated, or modified form.
(2) A reproduction of a work of fine art of an artist if the work is depicted as, or the reproduction is, in an altered, defaced, mutilated, or modified form.
(3) Work, if it is in its original or reproduced form and is displayed, made accessible to the public, or published as being the work of the artist, when the work is known to be generally regarded by the public as that of the artist, or under circumstances in which it would be reasonably regarded as being the work of the artist, and damage to the artist's reputation is reasonably likely to result therefrom.
Acts 1986, No. 599, §1.
A. Except as limited by R.S. 51:2155, any person who displays to others, makes accessible to the public, or publishes a work of fine art or a reproduction thereof shall do so in such a manner that the authorship of the work of fine art is shown to be that of the artist, unless:
(1) The name of the artist is not known to the person and it does not appear on or in connection with the work of fine art in such a manner that it can be discovered with reasonable ease; or
(2) The artist expressly agrees otherwise.
B. Except as limited by R.S. 51:2155, the artist shall retain at all times the right to claim authorship of his or her work of fine art. This right shall include the right of the artist to have his or her name appear, as the artist, on or in connection with the work of fine art or any reproduction thereof.
C. Except as limited by R.S. 51:2155, the artist shall retain at all times the right to disclaim authorship of his or her work of fine art for just and valid reason. This right shall include the right of the artist to prevent his or her name from appearing on or in connection with the work of fine art or any reproduction thereof. Just and valid reason for disclaiming authorship shall include that the work of fine art has been altered, defaced, mutilated, or modified without the artist's consent and damage to the artist's reputation is reasonably likely to result or has resulted therefrom.
D. The rights created by this Section shall exist in addition to any other rights and duties which may now or in the future be applicable.
Acts 1986, No. 599, §1.
A. Alteration, defacement, mutilation, or modification of a work of fine art resulting from the passage of time or the inherent nature of the materials shall not by itself constitute a violation of R.S. 51:2153 or create a right to disclaim authorship under R.S. 51:2154(C), provided such alteration, defacement, mutilation, or modification was not the result of gross negligence in maintaining or protecting the work of fine art. For purposes of this Section, the term "gross negligence" shall mean the exercise of so slight a degree of care as to justify the belief that there was an indifference to the particular work of fine art.
B. In the case of a reproduction, a change that is an ordinary result of the medium of reproduction does not by itself constitute a violation of R.S. 51:2153 or create a right to disclaim authorship under R.S. 51:2154(C).
C. Conservation or restoration shall not constitute an alteration, defacement, mutilation, or modification within the meaning of this Chapter unless the alteration, defacement, mutilation, or modification would not have occurred but for negligence in the conservation or restoration work.
D. This Chapter shall not apply to work prepared under contract for advertising or trade use unless the contract so provides.
E. The provisions of this Chapter shall apply only to works of fine art or reproductions thereof knowingly displayed to others, made accessible to the public, or published in this state or to acts in violation of this Chapter by a person who is subject to the jurisdiction of this state.
F.(1) If a work of fine art cannot be removed from a building without substantial physical defacement, mutilation, alteration, or destruction of such work, the rights and duties created under this Chapter, unless expressly reserved by an instrument in writing signed by the owner of such building and properly recorded, shall be deemed waived. Such instrument, if recorded, shall be binding on subsequent owners of such building.
(2) If the owner of a building wishes to remove a work of fine art which is a part of such building, but which can be removed from the building without substantial harm to such fine art, the rights and duties created under this Chapter shall apply, unless the owner has diligently attempted without success to notify the artist in writing of his intended action affecting the work of fine art, or unless he did provide such notice and the artist fails within ninety days either to remove the work or to pay for its removal. If such work is removed by or at the expense of the artist, title to such work of fine art shall be deemed to be in the artist.
G. The provisions of this Chapter apply to any works of fine art regardless of when created.
Acts 1986, No. 599, §1.
A. An artist aggrieved under this Chapter shall have a cause of action for legal and injunctive relief.
B. No action may be maintained to enforce any right under this Chapter unless brought within three years of the act complained of or one year after the actual or constructive discovery of such act, whichever is later.
Acts 1986, No. 599, §1.
Repealed by Acts 1998, 1st Ex. Sess., No. 69, §1, eff. May 1, 1998.
This Chapter shall be known and may be cited as the "Louisiana Continuing Care Provider Registration and Disclosure Act".
Acts 1987, No. 483, §1.
The legislature finds that continuing care retirement communities are becoming an integral part of and a necessary alternative in meeting the long term residential, social, and health maintenance needs of the senior citizens of this state. The legislature recognizes the need for full disclosure of the terms of agreement between residents and the provider to establish minimum requirements to help insure the financial viability of the providers. The legislature further determines that the minimum requirements established herein are necessary to protect the interests of all citizens who may be served by the providers.
Acts No. 1987, No. 483, §1.
For the purposes of this Chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) "Continuing care" or "care" means providing facilities for independent living and various support services, including health care, whether such health care services are provided in the facility or in another setting designated by the agreement for continuing care, to an individual who is unrelated to the provider, upon payment of an entrance fee and an ongoing monthly service fee. Direct care with activities of daily living and other personal services provided shall be designated in the continuing care agreement. Agreements to provide continuing care include agreements to provide care to an individual for any duration, including eligibility to remain in the facility for the balance of his life, as well as those agreements terminable by either party.
(2) "Continuing care/life care contract" means a contract to provide to a person, for the duration of the person's life or for a term in excess of one year, nursing services, medical services, or health related services in addition to board and lodging for such a person in a facility, conditioned upon transfer of an entry fee to the provider of such services in addition to the payment of regular periodic charges for the care and services involved.
(3) "Department" means the Louisiana Department of Health.
(4) "Entrance fee" means an initial or deferred payment of money or property made as full or partial payment to assure a resident a place in a facility. An accommodation fee, admission fee, or other fee of similar form and application shall be considered an entrance fee.
(5) "Home" means the facility or facilities occupied or planned to be occupied where the provider agrees to provide continuing care pursuant to a continuing care agreement.
(6) "Living unit" means a room, apartment, cottage, or other area within a home set aside for the use of residents.
(7) "Manager" means a person, corporation, partnership, association, or other legal entity, rather than an individual employed by the provider, or an affiliated corporation or other legal entity controlled by the provider, as a facility administrator.
(8) "Omission of a material fact" means failure to state a material fact required to be stated in any disclosure statement or registration.
(9) "Provider" means the person, corporation, partnership, association, or other legal entity, whether for profit or not, which agrees to provide continuing care to residents in a home and includes a provider establishing a new home even though the provider has previously been registered with respect to other homes.
(10) "Resident" means an individual or individuals who enter into an agreement with a provider for continuing care at a home.
(11) "Solicit" means all actions of a provider in seeking to have individuals pay an application fee and enter into a continuing care agreement by any means including, without limitation, personal, telephone, or mail communication, or any other communication directed to and received by an individual and any advertisement in any media distributed or communicated by any means to individuals.
Acts 1987, No. 483, §1; Acts 1989, No. 445, §1.
A. Unless a provider is registered for a home pursuant to the provisions of this Chapter, no provider shall enter into a contract to provide continuing care to any person or extend the term of an existing contract to provide continuing care to any resident at any home located in this state or solicit the execution of any continuing care contract; however, this provision shall not apply to any continuing care agreement entered into prior to the effective date of this Chapter.
B. The application for registration shall be filed with the department by the provider on forms prescribed by the department and shall include a proposed disclosure statement meeting the requirement of R.S. 51:2175. The application shall be accompanied by a certified check in the amount of one thousand dollars. Upon receipt of the application for registration in proper form, the department shall issue a notice of filing to the provider-applicant within ten business days. Within sixty business days of the notice of filing, the department shall enter an order registering the provider or rejecting the registration. If an order of rejection is not entered within sixty days from the date of notice of filing, the provider shall be considered registered unless the provider has consented in writing to an extension of time. If an order of rejection is not entered within the time period as extended by consent, the provider shall be considered registered.
C. If the department determines that the requirements of this Chapter have been met, it shall enter an order registering the provider. If the department determines that any of the requirements of this Chapter have not been met, the department shall notify the applicant that the application for registration shall be corrected within thirty days in the particulars as designated by the department. If the requirements are not met within the time allowed, the department may enter an order rejecting the registration which shall include the reason upon which the order is based and which shall not become effective until twenty days after the end of the foregoing thirty day period. During the twenty day period, the applicant may petition for reconsideration of his application and shall be entitled to a hearing within thirty days. The order of rejection shall not take effect, in any event, until such time as the hearing, once requested, has been conducted by the department in accordance with applicable provisions of the Administrative Procedure Act, R.S. 49:950, et seq.
D. For continuing care agreements offered by a provider to existing or prospective residents in a home established prior to the effective date of this Chapter, which home has one or more residents living there pursuant to such agreements entered into prior to the effective date of this Chapter, the department may, after the filing of an application for registration, issue a temporary order registering the provider, which may then enter into continuing care agreements in compliance with all applicable provisions of this Chapter until the order of permanent registration has been issued pursuant to this Section.
Acts 1987, No. 483, §1.
A. After entering an order registering the provider and prior to the provider's acceptance on behalf of the home of part or all of any application fee or the entrance fee or the execution of the continuing care agreement by the resident, whichever first occurs, the provider shall notify the prospective resident of his right to review the initial disclosure statement. The initial disclosure statement shall be made available to a prospective resident until the first annual disclosure statement is filed pursuant to R.S. 51:2176. The text of the initial disclosure statement shall contain the following information:
(1) The name and business address of the provider and a statement of whether the provider is an individual, partnership, corporation, or other legal entity.
(2) The name or names of the individual or individuals who constitute the provider or, if the provider is a partnership, corporation, or other legal entity, whether for profit or not for profit, the names of the officers, directors, trustees, or managing or general partners of the provider, and a description of each individual's duties on behalf of the provider.
(3) For a provider who is not incorporated or established and operated on a not for profit basis, the name and business addresses of any individual having any ownership or any beneficial interest in the provider and a description of such individual's duties on behalf of the provider.
(4) For any person named in response to Subparagraphs (1) through (3) of this Subsection and to any proposed manager:
(a) A description of the business experience of the person, if any, in the operation or management of the home or other homes.
(b) The identity of any business or professional service entity in which the person has a ten percent or greater ownership or beneficial interest and which the provider will employ to provide goods, services, or any other item of value in excess of five hundred dollars within any year and a description of the goods, services, or other items of value and the anticipated costs thereof to the provider or a statement that the costs cannot presently be estimated.
(c) A statement as to whether any such person has been convicted of a crime or been a party to any civil action claiming fraud, embezzlement, fraudulent conversion, or misappropriation of property which resulted in a judgment against the person for damages or enjoining any such activity and whether any person has had any state or federal licenses or permits suspended or revoked in connection with any business activities related thereto.
(5) If the home is operated by a manager, the following information shall be supplied in the disclosure statement:
(a) The name and business address or addresses of any such manager, the professional training and experience of the manager, the identities of any other homes managed by the individual or entity, and a copy of the agreement currently in effect or to be entered into between the provider and the manager to operate the home.
(b) If the manager is incorporated or established and operated on a for profit basis, the identity of all individuals or entities holding any ownership or beneficial interest in the manager and the fees or any other compensation anticipated to be paid by the provider to the manager for the operation of the home.
(c) The method by which the manager was chosen to manage the home and, if the manager was chosen because of a condition in a mortgage commitment to the provider, the identity of the mortgage requiring the condition in the commitment.
(6) A statement of the experience of the provider in establishing and operating homes providing continuing care.
(7) A statement as to whether or not the provider is, or is affiliated with, a religious, charitable, or other nonprofit organization and the extent of the affiliation, if any, under which the provider or any of the provider's affiliates are exempt from the payment of federal income taxes.
(8) The location and description of the properties of the provider, both existing and proposed, and to the extent possible, the estimated completion date or dates, a statement as to whether or not construction has begun, and any contingencies subject to which construction may be deferred.
(9) A description of all services furnished or proposed to be furnished by the provider under its continuing care agreements with residents including, without limitation, the extent to which medical care is furnished, the present or proposed cost of all such services, and a description of any services made available by the home as part of the contract or at an extra charge over and above the entrance fee and periodic charges provided for in the continuing care agreement.
(10) A description of all fees required of residents, including the entrance fee and any periodic charges. The description shall include:
(a) The circumstances under which the resident will be permitted to remain in the home in the event the resident is unable to pay periodic or other charges.
(b) The terms and conditions under which the continuing care agreement may be cancelled by the provider or by the resident and the conditions, if any, under which any or all of the entrance fee will be refunded in the event of cancellation by either the provider or the resident or in the event of the death of the resident prior to or following occupancy of the living unit.
(c) The conditions under which a living unit occupied by a resident may be made available by the provider to another resident other than on the death of the resident executing the continuing care agreement.
(d) The manner by which the provider may adjust periodic charges or other recurring fees. If the home is already in operation or if the provider or manager operates one or more similar homes within this state, the statement shall include tables showing the frequency and average dollar amount of each increase in periodic rates at each such home for the previous five years or for such shorter period as the home has been operated if operated for less than five years.
(e) The method of calculation for the fees that will be charged if the resident marries while at the designated facility, the terms concerning the entry of a spouse to the facility, and the consequences if the spouse does not meet the requirements for entry.
(11) A description of the health and financial conditions required for an individual to be accepted as a resident and to continue as a resident once accepted, including the effect of any change in the health or financial condition of a person between the date the individual executes the continuing care agreement and the date of initial occupancy of a living unit.
(12) Income statements for the three most recent fiscal years of the provider or such shorter period of time as the provider shall have been in existence, and certified financial statements of the provider including a balance sheet and income statement as of the end of the provider's most recent fiscal year. If the provider's fiscal year ended more than ninety days prior to the date the application is filed, interim uncertified financial statements shall be included as of a date not more than ninety days prior to the filing. All such financial statements shall be prepared by a certified public accountant in accordance with generally accepted accounting principles.
(13) If the operation of the home has not begun, a statement of the anticipated source and application of funds used or to be used in the purchase or construction of the home including:
(a) An estimate of the cost of purchasing or constructing and equipping the home, including related costs such as financing expenses, legal expenses, land costs, occupancy development costs, and all other similar costs which the provider expects to incur or become obligated for prior to the commencement of the operation of the home.
(b) A description of any mortgage loan or other long term financing intended to be used for the financing of the home, including the terms and conditions and costs of the financing.
(c) An estimate of the total entrance fees to be received from the residents at or prior to the commencement of operation of the home.
(d) An estimate of the funds, if any, which are anticipated to be necessary to pay for start up losses.
(14) Such other material information concerning the home as the provider wishes to include.
(15) A copy of the form or forms of agreement for continuing care used or to be used by the provider.
(16) A statement on the cover in a prominent location and type face that registration of the home does not constitute approval, recommendation, or endorsement of the home by the department, nor does such registration evidence the accuracy or completeness of the information set forth in the disclosure statement.
Acts 1987, No. 483, §1.
A. The provider shall file with the department annually, within four months following the end of the provider's fiscal year, an annual disclosure statement which shall contain a statement setting forth, as of the end of the fiscal year, any material changes in the information required by R.S. 51:2175 for the initial disclosure statement.
B. From the date an annual disclosure statement is filed until the date the next succeeding disclosure form is filed with the department and prior to the provider's acceptance on behalf of the home of any part or all of any application fee or part of the entrance fee or the execution of the continuing care agreement by the resident, whichever first occurs, a copy of the current annual disclosure statement shall be available for inspection by residents or prospective residents.
C. In addition to filing the annual disclosure statement, the provider shall amend its currently filed disclosure statement at any other time an amendment is necessary to prevent any disclosure statement from containing any material misstatement of fact or any omission of a material fact required to be stated therein. Any such amendment or amended disclosure statement shall be filed with the department and shall be subject to all applicable requirements of this Chapter.
Acts 1987, No. 483, §1.
A. The department shall require, as a condition of registration for new construction, that the provider establish an escrow account with a bank, trust company, or savings and loan association located in this state and that any entrance fees received by the provider prior to the date the resident is permitted to occupy the living unit in the home be placed in that escrow account.
B. When funds are received from a resident or prospective resident, the provider shall deliver to the resident a written receipt. The receipt shall show the payor's name and address, the date, the price of the care agreement, and the amount of money paid. A copy of each receipt, together with the funds, shall be deposited with the escrow agent.
C. Checks, drafts, and money orders for deposit from prospective residents shall be made payable only to the escrow agent. At the request of an individual resident or a prospective resident of a facility, the escrow agent shall issue a statement indicating the status of the resident's portion of the escrow account.
D. All funds deposited in the escrow account shall remain the property of the resident until released to the provider in accordance with this Chapter. Such funds shall not be subject to any liens or charges by the escrow agent or judgments, garnishments, or creditor's claims against the provider or facility, except where required by the terms and conditions of an existing agreement for permanent financing in force on the effective date of this Chapter. At the request of either the provider or the department, the escrow agent shall issue a statement indicating the status of the escrow account.
E. Escrowed funds shall be released to the provider at the time the department certifies that:
(1) Aggregate entrance fees received or receivable by the provider pursuant to executed continuing care agreements plus anticipated proceeds of any first mortgage loan or other long term financing commitment plus funds from other sources in the actual possession of the provider are equal to not less than fifty percent of the aggregate cost of constructing or purchasing, equipping, and furnishing the home plus not less than fifty percent of the funds submitted by the provider as part of its application to be necessary to fund start up losses of the home.
(2) A commitment is received by the provider for any permanent mortgage loan or other long term financing described in the statement of anticipated source and application of funds submitted as part of the application for registration and any conditions of the commitment prior to disbursement of funds thereunder, other than completion of the construction or closing of the purchase of the home, have been substantially satisfied.
F. If the funds in an escrow account are not released within the time as provided by the continuing care agreement, then fees paid, less any escrow fees shall be returned by the escrow agent to the persons who made the payment to the provider. An entrance fee held in escrow may be returned by the escrow agent at any time to the person or persons who paid the fee to the provider upon receipt by the escrow agent of notice from the provider that the person is entitled to a refund of the entrance fee.
G. In lieu of any escrow which may be required by the department under this Section, a provider shall be entitled to post a letter of credit from a financial institution, negotiable securities, or a bond by a surety authorized to do business in this state and approved by the department in an amount not to exceed the amount required by R.S. 51:2177(E)(1). The bond, letter of credit, or negotiable securities shall be executed in favor of the department on behalf of individuals who may be found entitled to a refund of entrance fees from the provider.
Acts 1987, No. 483, §1.
A. All continuing care agreements entered into or extended after the effective date of this Chapter shall:
(1) Provide for the continuing care of only one resident, or for two persons occupying space designed for double occupancy, under appropriate regulations established by the provider and shall list all properties transferred and their market value at the time of transfer, including donations, subscriptions, fees, and any other amounts paid or payable by, or on behalf of, the resident or residents.
(2) Specify all services that shall be provided by the provider to each resident, including, in detail, all items which each resident shall receive, if the items will be provided for a designated time period or for life, and if the services will be available on the premises or at another specified location. The provider shall indicate which services or items are included in the agreement for continuing care and which services or items are made available at or by the facility at extra charge. The items shall include, but are not limited to, food, shelter, personal services, nursing care, medical care, burial, and incidentals.
(3) Describe the terms and conditions under which an agreement for continuing care may be cancelled by the provider or by a resident and the conditions, if any, under which all or any portion of the entrance fee shall be refunded in the event of cancellation of the agreement by the provider or by the resident, including the effect of any change in the health or financial condition of a person between the date of entering into an agreement for continuing care and the date of initial occupancy of a living unit by that person.
(4) Describe the health and financial conditions required for a person to be accepted as a resident and to continue as a resident, once accepted, including the effect of any change in the health or financial condition of a person between the date of entering into a continuing care agreement and the date of taking occupancy in a living unit.
(5) Describe the circumstances under which the resident shall be permitted to remain in the facility in the event of financial difficulties of the resident. The stated policy may not be less than the terms stated in R.S. 51:2179.
(6) State the fees that shall be charged if the resident marries while at the designated facility, the terms concerning the entry of a spouse to the facility, and the consequences if the spouse does not meet the requirements for entry.
(7) Provide that the agreement may be cancelled by giving notice of cancellation of at least thirty days by the provider, the resident, or the person who provided the transfer of all property or funds required for the care of the resident. However, if an agreement is cancelled because there has been a good faith determination that a resident is a danger to himself or others, only such notice as is reasonable under the circumstances shall be required. The agreement shall further provide in clear and understandable language, and in boldfaced type, the terms governing the refund of any portion of the entrance fee, which terms shall include a provision that all refunds be made within ninety days of notification. Any such refund shall be calculated on a pro rata basis with the facility retaining no more than two percent per month of occupancy by the resident and no more than a ten percent fee for processing. When the contract provides for the facility to retain no more than one percent per month of occupancy by the resident, it may provide that the refund shall be payable upon receipt by the provider of the next entrance fee for any comparable unit upon which there is no prior claim by any resident. However, any prospective resident who cancels the agreement prior to occupancy of the unit shall receive a refund of the entire amount of the entrance fee paid, less payment for specific services rendered and a processing fee not to exceed two percent of the amount paid. The refund shall be paid no later than sixty days after the giving of notice of intention to cancel.
(8) State the terms under which an agreement is cancelled by the death of the resident. These terms may contain a provision that, upon the death of a resident, the entrance fee of the resident shall be considered earned and shall become the property of the provider. When the unit is shared, the conditions with respect to the effect of the death or removal of one of the residents shall be included in the agreement.
(9) Describe the policies which may lead to changes in monthly recurring and nonrecurring charges or fees for goods and services received. The agreement shall provide for advance notice to the resident, of not less than thirty days, before any change in fees or charges or the scope of care or services may be effective, except for changes required by state or federal assistance programs.
(10) Provide that monthly charges for all future care cannot be paid in one lump sum except that more than one month maintenance fee may be paid at one time but not more than three months.
(11) Specify if the facility is, or is affiliated with, a religious, nonprofit, or proprietary organization or management entity, the extent to which the affiliate organizations shall be responsible for the financial and contractual obligations of the provider, and the provisions of the federal Internal Revenue Code, if any, under which the provider or affiliate is exempt from the payment of federal income tax.
(12) Describe the policy of the provider regarding reserve funding.
B. A resident has the right to rescind a continuing care agreement without penalty or forfeiture within thirty days after executing the agreement. During the thirty day period, the resident's funds shall be retained in a separate escrow account under terms approved by the department. A resident may move into the facility designated in the agreement before the expiration of the thirty day period.
C. The agreement shall include or shall be accompanied by a statement, printed in boldfaced type, which reads: "This facility and all other continuing care facilities in the state of Louisiana are regulated by R.S. 51:2171 et seq. A copy of the law is on file in this facility."
D. Before the transfer of any money or other property to a provider by or on behalf of a prospective resident, the provider shall present a typewritten or printed copy of the agreement to the prospective resident and all other parties to the agreement. The provider shall secure a signed, dated statement from each party to the contract certifying that a copy of the agreement was received.
E. If a resident dies before occupying the facility or, through illness, injury, or incapacity, is precluded from becoming a resident under the terms of the continuing care agreement, the agreement is automatically cancelled, and the resident or his legal representative shall receive a full refund of all moneys paid to the facility, except those costs specifically incurred by the facility at the request of the resident and set forth in writing in a separate addendum signed by both parties to the agreement.
F. No act, agreement, or statement of any resident, or of an individual purchasing care for a resident, under any agreement to furnish care to the resident shall constitute a valid waiver of any provision of this Chapter intended for the benefit or protection of the resident or of the individual purchasing care for the resident.
Acts 1987, No. 483, §1.
No agreement for care shall permit dismissal or discharge of the resident from the facility providing care before the expiration of the agreement without just cause for the removal. If a facility terminates a resident for just cause, the facility shall pay to the resident any refund due in the same manner as if the resident had provided notice pursuant to R.S. 51:2178. The term "just cause" includes, but is not limited to, a good faith determination that a resident is a danger to himself or others while remaining in the facility.
Acts 1987, No. 483, §1.
A resident living in a facility registered under this Chapter has the right of self organization, the right to be represented by an individual, the right to be represented by an individual of his own choosing, and the right to engage in concerted activities to keep informed on the operation of the facility in which he is a resident or for other mutual aid or protection.
Acts 1987, No. 483, §1.
The board of directors or other governing body of a continuing care facility or their designated representative shall hold annual meetings with the residents of the continuing care facility for free discussions of subjects including, but not limited to, income, expenditures, and financial trends and problems as they apply to the facility and discussions of proposed changes in policies, programs, and services. Residents shall be entitled to at least seven days advance notice of each meeting. An agenda and any materials that will be distributed by the governing body at the meetings shall remain available upon request to residents. For the remaining three quarters of any year, the facility administrator or the manager shall schedule and participate in quarterly meetings, on behalf of the board of directors or other governing body, in conformity with the requirements of this Section.
Acts 1987, No. 483, §1.
A. Each continuing care facility shall maintain as public information, available upon request, records of all reports pertaining to that facility that have been filed with or issued by any governmental agency. A copy of each report shall be retained in records for not less than five years from the date the report is filed or issued.
B. Any records, reports, or documents which by state or federal law or regulation are considered confidential may not be distributed or made available to comply with this Section unless and until the confidential status has expired.
C. Every continuing care facility shall display the certificate of registration in a conspicuous place inside the facility.
Acts 1987, No. 483, §1.
A. The department shall establish by regulation standards to prevent any advertisement offering continuing care agreements which is untrue, deceptive, misleading, or which contains misrepresentations or omissions of material facts. The regulation shall include provisions for enforcement of advertising standards including, but not limited to, cease and desist orders, injunctions, administrative fines, and revocation of registration pursuant to other provisions of this Chapter.
B. A provider shall not publish any advertisement offering continuing care agreements subject to the registration requirement of this Chapter unless a true copy of the advertisement is filed with the department contemporaneously with the first publication of the advertisement.
C. Any report, circular, public announcement, certificate, financial statement, or other printed matter or advertising material which is designed or used to solicit or induce persons to enter into any agreement providing for the transfer of property, conditioned upon an agreement to furnish continuing care for life or for a term of years, and which lists or refers to the name of any individual or organization as being interested in, or connected with, the person, association, or corporation that is to perform the contract, shall clearly state the extent of financial responsibility assumed by that individual or organization for the person, association, or corporation and the fulfillment of its agreements.
D. This Subsection does not impose liability, civil or criminal, upon a person or publisher who is regularly engaged in the business of publishing a bona fide newspaper or operating a radio or television station and who, acting solely in his official capacity, publishes an advertisement in good faith and without knowledge that the advertisement or publication constitutes a violation of this Chapter.
Acts 1987, No. 483, §1.
A. The registration of a provider may be revoked, after notice and hearing, and upon written findings of fact by the department that the provider has:
(1) Willfully violated any provision of this Chapter or any rule, regulation, or order adopted hereunder.
(2) Failed to file an annual disclosure statement required by this Chapter.
(3) Failed to make available to residents the disclosure statement required by this Chapter.
(4) Delivered to prospective residents a disclosure statement which makes an untrue statement of material fact or omits a material fact and the provider, at the time of the delivery of the disclosure statement, had actual knowledge of the misstatement or omission.
(5) Failed to comply with the terms of a cease and desist order.
B. If the department finds, after notice and hearing, that the provider has been guilty of a violation for which revocation may be ordered, it may first issue a cease and desist order. If the cease and desist order is or cannot be effective in remedying the violation, the department may, after notice and hearing, order that the registration be revoked.
Acts 1987, No. 483, §1.
A. If the department determines, after notice and hearing, that any person has violated or is about to violate any provision of this Chapter or of any regulation, rule, or order issued hereunder, the department may issue an order requiring the person to cease and desist from the unlawful practice or to take such affirmative action that in the judgment of the department will carry out the purpose of this Chapter.
B. If the department makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing a cease and desist order, it may issue a temporary cease and desist order which shall include in its terms a provision that, upon request, a hearing shall be held within ten days of such request to determine whether or not the order becomes permanent. Any such temporary cease and desist order shall be served on the person subject to it by certified mail, return receipt requested.
Acts 1987, No. 483, §1.
If the department finds that one or more grounds exist for the revocation of a certificate of registration issued under this Chapter, it may, in lieu of revocation, impose a fine upon the provider in an amount not to exceed one thousand dollars for each violation. Procedures for the imposition of fines and appeals of such fines shall be governed by the Administrative Procedure Act, R.S. 49:950, et seq.
Acts 1987, No. 483, §1.
Repealed by Acts 1997, No. 1116, §2.
A. The department is hereby authorized and empowered to adopt such rules and regulations as are necessary to carry out the provisions of this Chapter except that licensing standards and regulations as developed by the department for board and care homes and nursing homes shall also be applied to the facilities and homes governed by this Chapter.
B. Nothing herein shall be construed to apply to health care facilities, or distinct parts thereof, which are licensed by the Louisiana Department of Health as and operate as nursing homes; provided, however, any nursing home or other health care facility which converts, in part or in full, to a continuing care facility, as defined herein, shall comply with the provisions of this Chapter.
Acts 1989, No. 445, §1.
Repealed by Acts 2013, No. 320, §3, eff. June 17, 2013.
Repealed by Acts 2013, No. 320, §3, eff. June 17, 2013.
Repealed by Acts 2013, No. 320, §3, eff. June 17, 2013.
Repealed by Acts 2013, No. 320, §3, eff. June 17, 2013.
Repealed by Acts 2013, No. 320, §3, eff. June 17, 2013.
Repealed by Acts 2018, No. 612, §23, eff. Jan. 1, 2019.
Repealed by Acts 2018, No. 612, §23, eff. Jan. 1, 2019.
Repealed by Acts 2018, No. 612, §23, eff. Jan. 1, 2019.
Repealed by Acts 2018, No. 612, §23, eff. Jan. 1, 2019.
Repealed by Acts 2018, No. 612, §23, eff. Jan. 1, 2019.
Repealed by Acts 2018, No. 612, §23, eff. Jan. 1, 2019.
A. It is the purpose and intent of the legislature by this enactment to provide for execution within Louisiana of the policies embodied in the Federal Civil Rights Act of 1964, 1968, and 1972 and the Age Discrimination in Employment Act of 1967, as amended; and to assure that Louisiana has appropriate legislation prohibiting discrimination in public accommodations sufficient to justify the deferral of cases by the federal Equal Employment Opportunity Commission, the secretary of Louisiana Works, and the Department of Justice under those statutes; to safeguard all individuals within the state from discrimination because of race, creed, color, religion, sex, age, disability, or national origin in connection with employment and in connection with public accommodations; to protect their interest in personal dignity and freedom from humiliation; to make available to the state their full productive capacities in employment; to secure the state against domestic strife and unrest which would menace its democratic institutions; to preserve the public safety, health, and general welfare; and to further the interest, rights, and privileges within the state.
B. The prohibitions in this Chapter against discrimination because of age in connection with public accommodations shall be limited to individuals who are at least forty years of age.
C. The Louisiana Commission on Human Rights shall have enforcement powers including adjudication of claims of discrimination prohibited by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950, and pay discrimination prohibited by R.S. 23:664.
Acts 1988, No. 886, §1; Acts 1993, No. 820, §9; Acts 1997, No. 1409, §3, eff. Aug. 1, 1997; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2014, No. 702, §2; Acts 2014, No. 756, §1.
As used in this Chapter:
(1) "Commission" means the Louisiana Commission on Human Rights.
(2) "Commissioner" means a member of the commission.
(3)(a) "Disability" means a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of such impairment, or being regarded as having such an impairment. For purposes of all laws which incorporate by reference, apply to, or rely for meaning upon the term disability as defined herein, the terms used in this definition have the following meanings:
(i) "Major life activities" includes functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(ii) "Mental impairment" means any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(iii) "Physical impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine.
(b) The following shall not be considered disabilities: homosexuality, bisexuality, transvestism, transexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders, compulsive gambling, kleptomania, pyromania, psychoactive substance use disorders resulting from current illegal use of drugs, or use of alcohol which adversely affects job performance or conduct.
(4) "Discriminatory practice in connection with employment" means an employment practice prohibited by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950, or by R.S. 23:664.
(5) "Discriminatory practice in connection with public accommodations" means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, creed, color, religion, sex, age, disability, national origin, or natural, protective, or cultural hairstyle.
(6) "Hearing examiner" means one or more persons or commissioners designated by the commission to conduct a hearing. The commission shall have the sole power to determine qualifications of the examiner.
(7) "National origin" means the national origin of an ancestor.
(8) "Natural, protective, or cultural hairstyle" shall include but is not limited to afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance.
(9) "Person" means one or more individuals, governments, governmental agencies, public authorities, labor organizations, corporations, legal representatives, partnerships, associations, trustees, trustees in bankruptcy, receivers, mutual companies, joint stock companies, trusts, unincorporated organizations, or other organized groups of persons.
(10) "Place of public accommodation, resort, or amusement" means any place, store, or other establishment, either licensed or unlicensed, which supplies goods or services to the general public or which solicits or accepts the patronage or trade of the general public, or which is supported directly or indirectly by government funds. However, a bona fide private club is not a place of public accommodation, resort, or amusement if its policies are determined solely by its members and its facilities or services are available only to its members and their bona fide guests.
(11) "Unlawful practice" means a discriminatory practice in connection with employment, a discriminatory practice in connection with public accommodations, or any other practice prohibited by this Chapter or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950.
Acts 1988, No. 886, 1; Acts 1993, No. 820, 9; Acts 1997, No. 1409, §§3, 4, eff. Aug. 1, 1997; Acts 2014, No. 702, §2; Acts 2014, No. 756, §1; Acts 2014, No. 811, §28, eff. June 23, 2014; Acts 2022, No. 529, §3.
There is hereby created the Louisiana Commission on Human Rights in the office of the governor. The commission shall consist of nine members, one to be appointed from each congressional district and the remaining membership to be appointed from the state at large. The governor shall appoint all members, subject to Senate confirmation, and shall name one member as chairman. Of the nine members first appointed, three shall be appointed for a term of one year, three for two years, and three for three years. Thereafter all members of the commission shall be appointed for terms of three years and shall continue to serve until reappointed or replaced. In the event of death or resignation of a member, his successor shall be appointed to serve the unexpired term for which such member had been appointed.
Acts 1991, No. 332, §1, eff. Jan. 13, 1992.
A. The members of the commission on human rights established by R.S. 51:2233 shall be appointed on a bipartisan basis and shall be broadly representative of employers, proprietors, trade unions, religious groups, human rights groups, and the general public.
B. Each member is entitled to reimbursement of expenses incurred in the performance of his duties and when serving as a hearing examiner.
C. Each member shall receive sixty-five dollars per day for attending meetings of the commission in addition to the reimbursement of expenses authorized in Subsection B of this Section. Monies received from federal funds may be used for payment of such per diem and expenses. No state or local monies shall be used for payment of per diem or expenses under provisions of this Section.
Acts 1988, No. 886, §1; Acts 1995, No. 1314, §1, eff. July 1, 1995.
In the enforcement of this Chapter or of Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950, or R.S. 23:664, the commission shall have the following powers and duties:
(1) To maintain an office in Baton Rouge and such other offices within the state as may be deemed necessary.
(2) To meet and exercise its powers within the state.
(3) To appoint an executive director, attorneys, hearing examiners, clerks, and other employees and agents as it may deem necessary, to fix their compensation with the approval of the governor, and to delegate any of its functions and duties to its agents or employees in the interest of efficient management of the appropriations and resources of the agency.
(4) To promote the creation of local commissions on human rights, to cooperate with state, local, and other agencies, both public and private, and individuals, and to obtain upon request and utilize the services of all governmental departments and agencies.
(5) To enter into cooperative working agreements with local commissions which have enforceable ordinances, orders, or resolutions and professional staff.
(6) To cooperate with the United States Equal Employment Opportunity Commission created by Section 705 of the Civil Rights Act of 1964, compiled in 42 U.S.C.§2000e-4, in order to achieve the purpose of that Act, and with other federal and local agencies in order to achieve the purposes of this Chapter.
(7) To accept and disburse gifts and bequests, grants, or other payments, public or private, to help finance its activities.
(8) To accept reimbursement pursuant to Section 709(b) of the Civil Rights Act of 1964, compiled in 42 U.S.C. §2000e-8, for services rendered to assist the federal Equal Employment Opportunity Commission.
(9) To receive, initiate, investigate, seek to conciliate, hold hearings on, and pass upon complaints alleging violations of this Chapter or Chapter 3-A or Chapter 6-A of Title 23 of the Louisiana Revised Statutes of 1950.
(10) To require answers to interrogatories, compel the attendance of witnesses, examine witnesses under oath or affirmation in person or by deposition, and require the production of documents relevant to the complaint. The commission may make rules authorizing or designating any member or individual to exercise these powers in the performance of official duties.
(11) To furnish technical assistance requested by persons subject to this Chapter to further their compliance with this Chapter or an order issued thereunder.
(12) To make studies appropriate to effectuate the purposes and policies of this Chapter and make the results thereof available to the public.
(13) To render, at least annually, a comprehensive written report to the governor and to the legislature. The report may contain recommendations of the commission for legislative or other action to effectuate the purposes and policies of this Chapter.
(14) To adopt, promulgate, amend, and rescind rules and regulations to effectuate the purposes and provisions of this Chapter, including regulations requiring the posting of notices prepared or approved by the commission.
(15) To cooperate with community, professional, civic, and religious organizations, federal agencies, and agencies from other states in the development of public information programs, leadership, and activities in the interest of equal opportunity and treatment of all individuals.
(16) To create local or statewide advisory committees that in its judgment will aid in effectuating the purposes of this Chapter. Members of such committees shall serve without pay but shall be reimbursed for expenses incurred in such service. The commission may make provision for technical and clerical assistance to the committees. The commission may empower these committees:
(a) To study and report on problems of discrimination because of race, creed, color, religion, sex, age, disability, or national origin.
(b) To foster, through community effort or otherwise, goodwill among the groups and elements of the population of the state.
(c) To make recommendations to the commission for the development of policies and practices that will aid in carrying out the purposes of this Chapter.
Acts 1988, No. 886, §1; Acts 1993, No. 820, §9; Acts 1997, No. 1409, §3, eff. Aug. 1, 1997; Acts 2014, No. 702, §2; Acts 2014, No. 756, §1.
A. Parishes and municipalities may adopt and enforce ordinances, orders, and resolutions prohibiting all forms of discrimination, including discrimination on the basis of race, creed, color, religion, national origin, sex, disability, age, or natural, protective, or cultural hairstyle, and to prescribe penalties for violations thereof, such penalties being in addition to the remedial orders and enforcement herein authorized.
B. Parishes and municipalities may adopt and enforce ordinances, orders, and resolutions prohibiting discrimination, but no ordinance, order, or resolution shall attempt to exempt more transactions from its coverage than are exempted by R.S. 51:2250.
Acts 1988, No. 886, §1; Acts 1993, No. 820, §9; Acts 1997, No. 1409, §3, eff. Aug. 1, 1997; Acts 2022, No. 529, §3.
Any parish or municipality, or one or more parishes and municipalities acting jointly, may create a human rights commission, hereinafter referred to as a "local commission":
(1) To provide for execution within its jurisdiction of the policies embodied in this Chapter, Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950, and the Federal Civil Rights Act of 1964 (78 Stat. 241).
(2) To safeguard all individuals within its jurisdiction from discrimination because of race, creed, color, religion, national origin, sex, disability, or age.
Acts 1988, No. 886, §1; Acts 1993, No. 820, §9; Acts 1997, No. 1409, §3, eff. Aug. 1, 1997; Acts 2014, No. 756, §1.
1See, inter alia, 42 U.S.C.A. §2000A et seq.
A local commission may:
(1) Receive, initiate, investigate, hear, and determine charges of violations of ordinances, orders, or resolutions forbidding discrimination adopted by the parish or municipality.
(2) Compel the attendance of witnesses and the production of evidence before it by subpoena issued by the district court of the parish wherein the local commission is authorized to act.
(3) Issue remedial orders, after notice and hearing, requiring cessation of violations.
(4) Issue such affirmative orders as in the judgment of the local commission will carry out the purposes of this Chapter. Affirmative action ordered may include but is not limited to the remedies enumerated in R.S. 51:2261(C).
(5) Employ an executive director, attorneys, hearing examiners, clerks, and other employees and agents.
(6) Accept grants, gifts, or bequests, public or private, to help finance its activities.
Acts 1988, No. 886, §1.
A local commission established pursuant to this Chapter may:
(1) Enter into cooperative working agreements with the United States Equal Employment Opportunity Commission, created by Section 705 of the Federal Civil Rights Act of 1964 (78 Stat. 241) in order to achieve the purposes of that Act, and with any federal or state agency in order to achieve the purposes of this Chapter.
(2) In its discretion, or upon request of the commission, refer a matter under its jurisdiction to the commission for initial action or review.
(3) Refer to the commission for resolution a dispute with another local commission over jurisdiction or any other matter.
(4) Provide a copy of its annual report to the commission.
Acts 1988, No. 886, §1.
A. The proceeding for enforcement of a local commission order shall be initiated by filing a complaint in the district court. Copies of the complaint shall be served upon all parties of record. Within thirty days after the filing of the complaint by the local commission, or within such further time as the court may allow, the local commission shall transmit to the court the original or a certified copy of the entire record upon which the order is based, including a transcript of testimony, which need not be printed. By stipulation of all parties to the proceeding, the record may be shortened.
B. The findings of fact of the local commission shall be conclusive unless clearly erroneous in view of the probative and substantial evidence on the whole record. The court may grant such temporary relief or restraining order as it deems just and may enter an order enforcing, modifying, and enforcing as modified, or setting aside in whole or in part the order of the local commission, or remanding the case to the local commission for further proceedings.
Acts 1988, No. 886, §1.
The commission may enter into cooperative working agreements with local commissions which have enforceable ordinances, orders, or resolutions and professional staff under the provisions of R.S. 51:2238.
Acts 1988, No. 886, §1.
Repealed by Acts 1997, No. 1409, §4, eff. Aug. 1, 1997.
Repealed by Acts 1997, No. 1409, §4, eff. Aug. 1, 1997.
Repealed by Acts 1997, No. 1409, §4, eff. Aug. 1, 1997.
Repealed by Acts 1997, No. 1409, §4, eff. Aug. 1, 1997.
It shall not be a discriminatory practice for a person subject to this Chapter to adopt and carry out a plan to fill vacancies or hire new employees so as to eliminate or reduce imbalance with respect to race, color, religion, sex, age, disability, or national origin if the plan has been filed with the commission and the commission has not disapproved the plan.
Acts 1988, No. 886, §1; Acts 1993, No. 820, §9; Acts 1997, No. 1409, §3, eff. Aug. 1, 1997.
Except as otherwise provided in this Chapter, it is a discriminatory practice for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement, as defined in this Chapter, on the grounds of race, creed, color, religion, sex, age, disability, as defined in R.S. 51:2232, or national origin.
Acts 1988, No. 886, §1; Acts 1993, No. 820, §9.
A. Legislative findings and declarations.
(1) The Legislature of Louisiana hereby finds that the surgeon general of the United States recommends that babies from birth to one year of age be breastfed, unless medically contraindicated, in order for the babies to attain an optimal healthy start in life, but that despite that recommendation, statistics reveal a declining percentage of mothers who are now choosing to breastfeed their babies, and nearly half of all new mothers are choosing formula over breastfeeding before they even leave the hospital.
(2) The legislature further finds that breast milk provides better nutrition and more immunity to disease, is easier for babies to digest, and may raise a baby's intelligence quotient, but that the social constraints of modern society work against the choice of breastfeeding and lead new mothers with demanding time schedules to opt for formula feeding for reasons such as embarrassment and the fear of social ostracism or criminal prosecution.
(3) The legislature does hereby declare that the promotion of family values and infant health demands that our society put an end to the vicious cycle of embarrassment and ignorance that constricts women and men alike on the subject of breastfeeding, and that in a genuine effort to promote family values, our society should encourage public acceptance of this most basic act of nurture between mother and baby and should take appropriate steps to ensure that no mother is made to feel incriminated or socially ostracized for breastfeeding her baby.
B. Right to breastfeed. Notwithstanding any other provision of law to the contrary, a mother may breastfeed her baby in any place of public accommodation, resort, or amusement.
C. "Discriminatory practice in connection with public accommodations" to include a discriminatory practice against a mother breastfeeding her baby. Any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a mother breastfeeding her baby shall be a "discriminatory practice in connection with public accommodations" for the purposes of this Chapter.
D. Breastfeeding; discriminatory practices prohibited. It is a discriminatory practice in connection with public accommodations for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement, as defined in this Chapter, on the grounds that the individual is a mother breastfeeding her baby. This discriminatory practice in connection with public accommodations is prohibited.
E. Breastfeeding not a violation of law. A mother breastfeeding her baby in any location, public or private, where the mother is otherwise authorized to be, shall not be deemed to be in violation of R.S. 14:106 or of any other provision of law.
Acts 2001, No. 576, §1.
It shall be an unlawful practice for a person, directly or indirectly, to publish, circulate, issue, display, mail, or cause to be published, circulated, issued, displayed, or mailed, a written, printed, oral, or visual communication, notice, or advertisement which indicates that the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement shall be refused, withheld from, or denied an individual on account of his race, color, religion, disability, as defined in R.S. 51:2232, or national origin, or that the patronage of or presence at a place of public accommodations, resort, or amusement of an individual on account of his race, color, religion, disability, as defined in R.S. 51:2232, or national origin is objectionable, unwelcome, unacceptable, or undesirable.
Acts 1988, No. 886, §1; Acts 1993, No. 820, §9.
Repealed by Acts 1991, No. 527, §2, eff. Jan. 1, 1992.
Repealed by Acts 1991, No. 527, §2, eff. Jan. 1, 1992.
Repealed by Acts 1991, No. 527, §2, eff. Jan. 1, 1992.
Repealed by Acts 1991, No. 527, §2, eff. Jan. 1, 1992.
Repealed by Acts 1991, No. 527, §2, eff. Jan. 1, 1992.
It shall be an unlawful practice for a financial institution or an individual employed by or acting on behalf of a financial institution:
(1) To discriminate against an individual because of the race, creed, color, religion, national origin, sex, disability, as defined in R.S. 51:2232, or age of the individual or the present or prospective owner, tenant, or occupant of the immovable property or of a member, stockholder, director, officer, employee, or representative of any of these, in the granting, withholding, extending, modifying, or renewing of rates, terms, conditions, privileges, or other provisions of financial assistance or in the extension of services in connection therewith.
(2) To use a form of application for financial assistance or to make or keep a record or inquiry in connection with applications for financial assistance which indicates directly or indirectly a limitation, specification, or discrimination, as to race, creed, color, religion, disability, as defined in R.S. 51:2232, or national origin, or an intent to make such a limitation, specification, or discrimination.
(3) To discriminate by refusing to give full recognition, because of sex, to the income of each spouse or the total income and expenses of both spouses where both spouses become or are prepared to become joint or several obligors in real estate transactions.
Acts 1988, No. 886, §1; Acts 1993, No. 820, §9.
A. It shall be an unlawful practice for any person, whether acting for himself or another, in connection with any credit transaction because of race, creed, color, religion, national origin, disability, as defined in R.S. 51:2232, or sex:
(1) To deny credit to any person.
(2) To increase the charges or fees for or collateral required to secure any credit extended to any person.
(3) To restrict the amount or use of credit extended or impose different terms or conditions with respect to the credit extended to any person or any item or service related thereto.
(4) To attempt to do any of the unlawful practices defined in this Section.
B. The provisions of this Section shall not prohibit any party to a credit transaction from considering the credit history of any individual applicant.
C. The provisions of this Section shall not prohibit any party to a credit transaction from considering the application of Louisiana law on matrimonial regimes and successions to the particular case or from taking reasonable action thereon.
Acts 1988, No. 886, §1; Acts 1993, No. 820, §9.
It shall be an unlawful practice for an employer as defined in R.S. 23:302 to conspire:
(1) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this Chapter or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950, or because he has made a charge, filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under this Chapter or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950.
(2) To aid, abet, incite, compel, or coerce a person to engage in any of the acts or practices declared unlawful by this Chapter or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950.
(3) To obstruct or prevent a person from complying with the provisions of this Chapter or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950 or any order issued thereunder.
(4) To resist, prevent, impede, or interfere with the commission, or any of its members or representatives, in the lawful performance of duty under this Chapter or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950.
Acts 1988, No. 886, §1; Acts 2014, No. 756, §1.
A. An individual claiming to be aggrieved by an unlawful practice, a member of the commission, or the attorney general may file with the commission a written sworn complaint stating that an unlawful practice has been committed, setting forth the facts upon which the complaint is based, and setting forth facts sufficient to enable the commission to identify the persons charged, hereinafter referred to as the "respondent". The commission staff or a person designated pursuant to its rules shall promptly investigate the allegations of unlawful practice set forth in the complaint and shall within five days furnish the respondent with a copy of the complaint. The complaint shall be filed within one hundred eighty days after the alleged unlawful practice occurs.
B. The commission or an individual designated pursuant to its rules shall determine, within thirty days after the complaint has been filed, whether there is probable cause to believe the respondent has engaged in an unlawful practice. If it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice, the commission shall issue an order dismissing the complaint and shall furnish a copy of the order to the complainant, the respondent, the attorney general, and such other public officers and persons as the commission deems proper.
C. The complainant, within ten days after receiving a copy of the order dismissing the complaint, may file with the commission an application for reconsideration of the order. Upon such application, the commission or an individual designated pursuant to its rules shall make a new determination, within ten days, whether there is probable cause to believe that the respondent has engaged in an unlawful practice. If it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice, the commission shall issue an order dismissing the complaint and furnishing a copy of the order to the complainant, the respondent, the attorney general, and such other public officers and persons as the commission deems proper.
D. If the staff determines, after investigation, or if the commission determines, after the review provided for in Subsection (B) or (C) of this Section, that there is probable cause to believe that the respondent has engaged in an unlawful practice, the commission staff shall endeavor to eliminate the alleged unlawful practice by conference, conciliation, and persuasion. The terms of a conciliation agreement reached with a respondent may require him to refrain from the commission of unlawful discriminatory practices in the future and make such further provisions as may be agreed upon between the commission or its staff and the respondent. If a conciliation agreement is entered into, the commission shall issue and serve on the complainant an order stating its terms. A copy of the order shall be delivered to the respondent, the attorney general, and such other public officers and persons as the commission deems proper. Except for the terms of the conciliation agreement, neither the commission nor any officer or employee thereof shall make public, without the written consent of the complainant and the respondent, information concerning efforts in a particular case to eliminate an unlawful practice by conference, conciliation, or persuasion whether or not there is a determination of probable cause or a conciliation agreement.
E. At the expiration of one year from the date of a conciliation agreement, and at other times in its reasonable discretion, the commission staff may investigate whether the terms of the agreement have been and are being complied with by the respondent. Upon a finding that the terms of the agreement are not being complied with by the respondent, the commission shall take such action as it deems appropriate to assure compliance.
F. At any time after a complaint is filed, the commission may file an action in the district court in a parish in which the subject of the complaint occurs, or in a parish in which a respondent resides or has his principal place of business, seeking appropriate temporary relief against the respondent pending final determination of proceedings under this Chapter, including an order or decree restraining him from doing or procuring any act tending to render ineffectual any order the commission may enter with respect to the complaint. The court may grant such temporary relief or restraining orders it deems just and proper.
G. Insofar as it is not inconsistent or in conflict with the procedure and practice provided by this Chapter, the Code of Civil Procedure shall apply to proceedings under this Chapter.
H.(1) The complainant may request termination of commission proceedings and the issuance of a notice of the right to file a civil action in district court against the respondent named in the charge, provided the commission has not entered into a conciliation agreement to which the complainant is a party, and further provided that any one of the following apply:
(a) The charge filed with the commission is dismissed by the commission.
(b) The commission has not filed a civil action pursuant to this Section within one hundred and eighty days from the filing of a charge and such charge is still pending.
(2) The notice of the right to file a civil action in district court against the respondent may be issued to any one or more of the following parties:
(a) The person claiming to be aggrieved.
(b) Any person who the charge alleges was aggrieved by the alleged unlawful practice, but only if such charge was filed by a member of the commission.
(3)(a) The complainant and the respondent may agree to submit the complaint to voluntary binding arbitration at any time after the filing of a complaint and prior to the taking of testimony at a public hearing. The submission agreement shall be in writing and shall be signed by all parties.
(b) The arbitration proceeding shall be administered by the commission, or such other party as the commission deems proper, pursuant to procedures adopted for the arbitration of cases submitted under the commission's authority. The commission shall select an arbitrator from a list provided and certified by a national recognized professional arbitration association. The selection shall be subject to agreement by all parties.
(c) The arbitrator shall have the same authority to hear and determine claims asserted under the human rights law as would the commission or a court of competent jurisdiction. The arbitrator shall also have such additional authority as the complainant(s) and respondent(s) may grant to the arbitrator.
(d) The determination and award of the arbitrator shall be final and binding. The determination and award of the arbitrator shall not be vacated, modified, or overturned except for reasons limited to corruption, fraud, or misconduct on behalf of any party in the obtaining of the determination and award.
(e) The complainant and respondent shall share equally in the administrative costs of the arbitration, including arbitrator fees, unless the commission, in good faith deems it necessary to utilize some other formula for sharing the cost of the arbitration.
(4) It shall be an unlawful practice for a party to a voluntary binding arbitration pursuant to this Subsection to violate the terms of the arbitration.
Acts 1988, No. 886, §1; Acts 1995, No. 1314, §1, eff. July 1, 1995; Acts 1997, No. 1409, §3, eff. Aug. 1, 1997.
It is an unlawful practice for a party to a conciliation agreement made pursuant to R.S. 51:2257(D) to violate the terms of the agreement.
Acts 1988, No. 886, §1.
All procedures with regard to notices of complaint and hearings held by the commission shall be in accordance with the Administrative Procedure Act.
Acts 1988, No. 886, §1.
The production of a written, printed, or visual communication, advertisement, or other form of publication, or a written inquiry, record, or other document purporting to have been made by an individual shall be prima facie evidence in a proceeding under this Chapter that it was authorized by the individual.
Acts 1988, No. 886, §1.
A. If the commission determines that the respondent has not engaged in an unlawful practice, the commission shall state its findings of fact and conclusions of law and shall issue an order dismissing the complaint. A copy of the order shall be delivered to the complainant, the respondent, the attorney general, and such other public officers and persons as the commission deems proper.
B. If the commission determines that the respondent has engaged in an unlawful practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the commission will carry out the purposes of this Chapter. A copy of the order shall be delivered to the respondent, the complainant, the attorney general, and to such other public officers and persons as the commission deems proper.
C. Affirmative action ordered under this Section may include but is not limited to:
(1) Hiring, reinstatement, or upgrading of employees with or without back pay. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable.
(2) Admission or restoration of individuals to union membership, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program, and the utilization of objective criteria in the admission of individuals to such programs.
(3) Admission of individuals to a place of public accommodation, resort, or amusement.
(4) The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent.
(5) Reporting as to the manner of compliance.
(6) Posting notices in conspicuous places in the respondent's place of business in a form prescribed by the commission.
(7) Sale, exchange, lease, rental, assignment, or sublease of immovable property to an individual.
(8) Payment to the complainant of damages for injury caused by an unlawful practice, including compensation for humiliation and embarrassment, expenses incurred by the complainant in obtaining alternative housing accommodations, and other costs actually incurred by the complainant as a direct result of such unlawful practice.
D. The commission may publish or cause to be published the names of persons who have been determined to have engaged in an unlawful practice.
E. The proceeding for enforcement of a commission order shall be initiated by filing a complaint in the district court of the parish in which the subject of the complaint occurred or in the parish in which a respondent resides or has his principal place of business. Copies of the complaint shall be served upon all parties of record. Within thirty days after the filing of the complaint by the commission, or within such further time as the court may allow, the commission shall transmit to the court the original or a certified copy of the entire record upon which the order is based, including a transcript of testimony, which need not be printed. By stipulation of all parties to the proceeding, the record may be shortened.
F. The findings of fact of the commission shall be conclusive unless manifestly erroneous in view of the probative and substantive evidence on the whole record. The court may grant such temporary relief or restraining order as it deems just and may enter an order enforcing, modifying, and enforcing as modified, or setting aside in whole or in part the order of the commission, or remanding the case to the commission for further proceedings.
Acts 1988, No. 886, §1; Acts 1995, No. 1314, §1, eff. July 1, 1995.
A. In connection with an investigation of a complaint filed under this Chapter, the commission or its designated representative at any reasonable time may request access to premises, records, and documents relevant to the complaint and the right to examine, photograph, and copy evidence.
B. Every person subject to this Chapter shall:
(1) Make and keep records relevant to the determination of whether unlawful practices have been or are being committed.
(2) Preserve such records for relevant periods.
(3) Make such reports therefrom as the commission shall prescribe by regulation or order, after public hearing, as reasonable, necessary, or appropriate for the enforcement of this Chapter or the regulations or orders thereunder.
C. The commission, by regulation, shall require each person subject to this Chapter which controls an apprenticeship or other training program to keep all records reasonably necessary to carry out the purpose of the Chapter, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which applications were received, and to furnish to the commission upon request a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training programs.
D. A person who believes that the application to it of a regulation or order issued under this Section would result in undue hardship may apply to the commission for an exemption from the application of the regulation or order. If the commission finds that the application of the regulation or order to the person in question would impose an undue hardship, the commission may grant appropriate relief.
E. To avoid undue burdens on persons subject to this Chapter, records and reports required by the commission under this Section shall conform as near as may be to similar records and reports required by federal law and the laws of other states and to customary recordkeeping practice.
F. It is unlawful for a commissioner or employee of the commission to make public with respect to a particular person, without his consent, information obtained by the commission pursuant to its authority under this Section except as reasonably necessary to the conduct of a proceeding under this Chapter.
G. If a person fails to permit access, examination, photographing, or copying or fails to make, keep, or preserve records or make reports in accordance with this Section, the district court for the parish in which such person is found, resides, or has his principal place of business, upon application of the commission, may issue an order requiring compliance.
Acts 1988, No. 886, §1.
A. Upon written application to the commission, a party to a proceeding is entitled as of right to the issuance of subpoenas in the name of the commission by an individual designated pursuant to its rules requiring attendance and the giving of testimony and the production of documents. A subpoena so issued shall show on its face the name and address of the party at whose request the subpoena was issued. On petition of the individual to whom the subpoena is directed and notice to the requesting party, the commission or an individual designated pursuant to its rules may vacate or modify the subpoena.
B. Depositions of witnesses may be taken as prescribed by the Code of Civil Procedure.
C. If a person fails to comply with a subpoena, the district court for the parish in which the person is found, resides, or has his principal place of business, upon application of the commission or the party requesting the subpoena, may issue an order requiring compliance. In any proceeding brought under this Section, the court may modify or set aside the subpoena.
Acts 1988, No. 886, §1.
Any person deeming himself injured by any alleged violation of the provisions of this Chapter shall have a civil cause of action in district court to enjoin further violations and to recover the actual damages sustained by him, together with the costs of court and a reasonable fee for his attorney of record, all of which shall be in addition to any other remedies contained in this Chapter.
Acts 1988, No. 886, §1.
Judicial review of action by the commission may be sought in accordance with the Administrative Procedure Act.
Acts 1988, No. 886, §1.
This Chapter shall be known and may be cited as the "Louisiana Economic Development Act."
Acts 1988, No. 888, §1, eff. July 21, 1988.
It is hereby found and declared that:
(1) There exists in some of the regions, parishes, and municipalities of the state a condition of substantial and persistent unemployment, underemployment, and other forms of economic distress.
(2) Small and new businesses play a vital role in the process of adjusting to the fundamental structural changes affecting the national and the state economy.
(3) Small and new businesses are better able to identify and fill the gaps created by sudden changes in market conditions than larger corporations and are more flexible in adapting to changing technologies.
(4) Louisiana's economy, recovering from the decline in petrochemicals and oil and gas extraction, can profit by achieving diversification and growth of small to medium sized businesses and by establishing a business climate which will foster entrepreneurship.
(5) Small business, as defined by the U.S. Small Business Administration, is the most volatile sector of the economy and is much more likely to experience a very large percentage of change in its workforce.
(6) Small and new businesses experience special problems in securing adequate access to equity and debt capital, to information, and to management and technical assistance.
(7) The viability, retention, and expansion of Louisiana small businesses will be greatly aided by the establishment of viable local small business incubators, which shall provide shared business services, equipment, space, and access to on-premises business consultants for burgeoning small businesses.
(8) The likelihood that Louisiana businesses will grow and that the state can successfully recruit prospective businesses will be greatly increased if Louisiana has a workforce specifically trained to meet the needs of the particular businesses.
(9) Public policy, financial assistance, and management and technical assistance can reduce or eliminate many of the special barriers to the growth and development of small and new businesses in Louisiana.
(10) The authorization for the state, its political subdivisions, public corporations, and authorities to engage in cooperative financing ventures with federal agencies, political subdivisions, or with public or private associations, corporations, or individuals for the purpose of providing financial assistance to develop, expand, retain, or attract small business concerns in or to Louisiana is necessary, is a public purpose, and is in the public interest.
(11) The purpose of this Chapter and the authority conferred herein shall be to stimulate the flow of private capital and long-term loans and other financial assistance for the sound financing of the development, expansion, retention, and attraction of small business concerns in or to this state as a means of providing high levels of employment and income growth and expanded social and economic opportunities, especially to disadvantaged persons and within distressed areas.
(12) It is the intent of the state to contribute to this purpose through the provision of financial assistance to qualified small business concerns and to provide other resources to businesses, such as training funds, infrastructure grants, viable local small business incubators, or other resource allocations. The policy, therefore, shall be carried out in such a manner as to ensure maximum federal, public, and private leverage. It is also the intent of this policy to keep financial decision-making to the greatest extent possible in private hands and to keep state administrative costs as low as possible.
Acts 1988, No. 888, §1, eff. July 21, 1988; Acts 1992, No. 1092, §1; Acts 1992, No. 1136, §1, eff. Jan. 1, 1994; Acts 2001, No. 9, §9, eff. July 1, 2001.
The following words or terms as used in this Chapter shall have the following meanings unless a different meaning appears from the context:
(1) "Bonds" means any bond, refunding bond, note, debenture, interim certificate or any bond, grant, or any other evidences of indebtedness of the corporation whether in temporary or in definitive form and whether or not exempt from federal taxation.
(2) "Business enterprise of a person with a disability" means a small business concern which is at least fifty-one percent owned and controlled by a person with a disability as defined by the federal Americans With Disabilities Act of 1990.
(3) "Corporation" means the Louisiana Economic Development Corporation as established in Part II of this Chapter.
(4) "High-growth potential business" means any Louisiana, for-profit enterprise that provides and possesses high market and sales and employment opportunities.
(5) "Louisiana Entrepreneurial Business" means a business which is domiciled in this state, employs fifty or fewer full-time employees, and meets one of the following conditions:
(a) Has gross annual sales of less than ten million dollars.
(b) Has a business net worth of less than two million dollars.
(6) "Minority-owned business" means a small business concern which is at least fifty-one percent owned and controlled by a member of an ethnic minority as defined in R.S. 39:1952 or, in the case of any publicly owned business, in which at least fifty-one percent of the stock is owned by members of such an ethnic minority, and whose management and daily business operations are controlled by one or more of the ethnic minority owners.
(7) "Qualified Louisiana business" means a business which operates primarily in Louisiana, which has no more than five hundred employees, and which has annual business receipts not in excess of seven million dollars.
(8) "Revenues" means any and all fees, rates, rentals, profits, and receipts collected by, payable to, or otherwise derived by the corporation and all other moneys and income of whatsoever kind or character collected by, payable to, or otherwise derived by the corporation in connection with loans to any eligible small business in furtherance of the purposes of this Chapter.
(9) "Rural economic development" means economic development activity relating to geographic areas outside of cities or urban areas with populations of fifty thousand or more, generally relating to economically underdeveloped areas of the state.
(10) "Small business enterprise" means any business organized for profit and of the size as defined by the United States Small Business Administration.
(11) "Umbrella bonds" means the bonds issued by the corporation pursuant to R.S. 51:2312(C).
(12) "Women-owned business" means a small business concern which is at least fifty-one percent owned and controlled by women or, in the case of any publicly owned business, in which at least fifty-one percent of the stock is owned by women, and whose management and daily business operations are controlled by one or more of the women owners.
Acts 1988, No. 888, §1, eff. July 21, 1988; Acts 1992, No. 1092, §1; Acts 1992, No. 1136, §1, eff. Jan. 1, 1994; Acts 2003, No. 1107, §1, eff. July 2, 2003; Acts 2003, No. 1203, §1; Acts 2014, No. 811, §28, eff. June 23, 2014.
Notwithstanding any provision of law to the contrary, the secretary of Louisiana Economic Development shall report to the Joint Legislative Committee on the Budget information concerning the granting and denial of tax credits and rebates, hereinafter referred to as "tax incentives", administered by the department authorized under this Title. On January thirtieth of each year, the secretary shall transmit to the members of the committee a list of the recipients of each tax incentive, as well as a list of applicants denied tax incentives, over the most recently concluded calendar year. The report shall contain the name and primary place of business of each applicant.
Acts 2011, No. 407, §2, eff. July 5, 2011; Acts 2011, No. 415, §2, eff. July 11, 2011; Acts 2011, No. 416, §2, eff. July 1, 2011.
A.(1) There is hereby created a body politic and corporate to be known as the Louisiana Economic Development Corporation, hereinafter referred to as the "corporation". The corporation is hereby constituted a public authority and the exercise by the corporation of the powers conferred by this Chapter shall be deemed to be performance of an essential public function. The corporation shall be exempt from the provisions of Chapter 6 of this Title. The board of directors of the corporation shall be composed of ten members. The board shall consist of the secretary of Louisiana Economic Development or a designee and nine members who are appointed by the governor, subject to Senate confirmation, none of whom shall be a public official except for the secretary of Louisiana Economic Development or a designee. At least three members of the board shall be minorities, and at least two members shall be women.
(2) The board of directors shall be comprised of all of the following:
(a) The secretary of Louisiana Economic Development or a designee.
(b) One minority business owner or private sector individual representing minority business interests.
(c) One private sector individual with experience as a startup founder.
(d) One private sector individual with experience in regional economic development.
(e) One private sector individual with experience from within a community bank, community development financial institution, or credit union.
(f) One private sector individual with experience in commercial banking.
(g) One private sector individual with experience in local economic development.
(h) One female business owner or private sector individual representing women's business interests.
(i) One private sector individual with experience in venture or angel investing.
(j) One private sector individual appointed at large.
B. The secretary of Louisiana Economic Development or a designee shall serve a term coterminous with his term in office. The remaining members shall serve four-year terms, except that, of the initial appointments, three shall be for two-year terms, three shall be for three-year terms, and two shall be for four-year terms. Vacancies shall be filled in the manner of original appointment. No member shall be eligible to serve more than two terms; however, after the expiration of the term of a member appointed to serve three years or less, two additional terms may be served if appointed thereto. Any appointment to fill a vacancy shall be for the unexpired term. A person appointed to fill a vacancy may be appointed to serve two additional terms. A vacant board position shall not be counted as an active voting member in determining a quorum until a successor has been appointed as provided in this Subsection.
C. The domicile of the corporation shall be Baton Rouge, Louisiana.
D. The corporation shall be governed and its corporate powers exercised by the board of directors. The secretary of Louisiana Economic Development shall serve as president of the corporation, and the secretary or his designee shall be a member of the board of directors. The deputy secretary of Louisiana Economic Development or his designee shall serve as secretary-treasurer of the board but shall not be a member of the board.
E. A majority of the appointed members of the board, including the secretary, shall constitute a quorum.
F. Members of the board shall serve without compensation, but each member shall be entitled to reimbursement of actual and necessary expenses incurred in the performance of official duties in accordance with state travel regulations.
G. The board shall annually elect a chairman and such other officers as may be deemed necessary.
Acts 1988, No. 888, §1, eff. July 21, 1988; Acts 1992, No. 1092, §1; Acts 1992, No. 1136, §1, eff. Jan. 1, 1994; Acts 1993, No. 954, §1, eff. Jan. 8, 1996; Acts 2001, No. 9, §9, eff. July 1, 2001; Acts 2003, No. 907, §§1, 2; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2018, No. 308, §1; Acts 2024, No. 590, §4, eff. June 11, 2024; Acts 2025, No. 432, §2.
A. The corporation shall serve as the single review board for all financial assistance, loans, incentives or inducements, customized workforce training, investment programs, and any related appropriations, grants, or joint ventures administered by Louisiana Economic Development, excluding those financial incentive programs administered by the State Board of Commerce and Industry. The corporation shall formulate and implement the policies for the delivery of services to obtain the following effects:
(1) The support of innovative private sector research and development activities by Louisiana businesses intended to generate commercial products, processes, or services by providing funds to Louisiana small businesses that will apply for or have received federal Small Business Innovation Research (SBIR) or Small Business Technology Transfer (STTR) grant funds, for such federal applications submitted or received after January 1, 2023.
(2) The encouragement of existing venture capital funds to invest in qualified Louisiana businesses in Louisiana and the encouragement of the formation of seed and venture capital funds in Louisiana.
(3) The leverage of funds from Louisiana financial institutions by issuing guarantees for economically disadvantaged and other Louisiana based micro-businesses, small businesses, medium sized businesses, and business enterprises of persons with disabilities.
(4) The encouragement of firms organized under the Louisiana Business and Industrial Development Corporation Act to invest in qualified Louisiana businesses in Louisiana.
(5) The provision of funds for qualified local entities, both private nonprofit and public, to establish and expand small business incubators.
(6) The provision of funds for infrastructure improvements to retain, expand, or attract existing and prospective businesses in or to Louisiana.
(7) The assistance to Louisiana local governments to provide infrastructure for economic development.
(8) The provision of customized workforce training programs to existing and prospective Louisiana businesses.
(9) The assurance that all qualified Louisiana businesses have capital access.
(10) The provision of lower cost funds for low-interest loans through a linked deposit program in cooperation with the Louisiana Department of the Treasury.
B. The corporation shall also have the power, authority, and duty to examine the impediments to the success of Louisiana small businesses from time to time and to adjust existing programs and develop financial programs that will alleviate such impediments.
C. All programs of the corporation shall be administered pursuant to rules promulgated and adopted in accordance with the Administrative Procedure Act.
D. The corporation is hereby authorized and shall have all the authority and power necessary in order to carry out and effectuate the purposes and provisions of this Chapter, including, without limiting the generality of the foregoing, the following specific powers which shall be in addition to others granted in this Section:
(1) To develop, implement, and undertake programs of financing assistance, grants, and investment in order to fulfill the authorized purposes of this Chapter and to provide uniform programs of public finance for the projects and programs described in this Chapter.
(2) To sue and be sued.
(3) To adopt, amend, and repeal bylaws, orders, rules, and regulations in accordance with the provisions of the Administrative Procedure Act to govern the affairs and conduct of its business in order to effectuate the provisions of this Chapter.
(4) To acquire, by purchase, lease, option, gift, grant, bequest, or devise, any property, real or personal, or any interest therein which it may deem necessary to carry out the purposes and provisions of this Chapter.
(5) To sell, convey, mortgage, lease, transfer, donate, option, exchange, or otherwise dispose of any property, either real or personal, or any interest therein, as the objects and purposes of the corporation may require to carry out the provisions of this Chapter, subject to such limitations as may be prescribed by law.
(6)(a) To issue industrial revenue bonds of the corporation, not to exceed fifty million dollars annually and subject to approval by the State Bond Commission, payable from and secured by a pledge of assets of the corporation derived or to be derived by it from undertakings, including any loans, grants, or contribution of funds made or to be made to it by the federal government or by state or local governments in aid of any of its other activities or operations. The principal and interest on any bonds issued by the corporation shall be secured by a second mortgage or other instrument covering all or any part of any lands or all or any part of a development project, including any additions, improvements, extensions to, or enlargements of any development project thereafter made.
(b) Bonds which are issued under this Section are declared to be issued for an essential public purpose and, together with all interest thereon and income therefrom, shall be exempt from all taxes.
(7) To make, enter into, and execute all contracts, agreements, guarantees, and to give such security as the corporation determines may be required, with any person or agency, public or private, necessary or incidental to the performance of its duties and the execution of its powers under this Chapter.
(8) To borrow money and to apply for and to receive and accept from any federal agency, the state, or any political subdivision of the state, or from any public or private source, any grants, loans, or advances for or in the aid of an economic development cooperative endeavor, project, or projects, and to give such security as may be required and to enter into and carry out a contract of agreements in connection therewith, provided that public notice is given prior to such action and such action has been approved by a simple majority of the board.
(9) To invest funds in venture capital financing in the manner prescribed by this Chapter.
(10) To invest any funds not required for immediate use or held in reserve in the manner prescribed by this Chapter.
(11) To prepare and promulgate reasonable rules, regulations, and policies for applications for loans, credit instruments, and any and all other forms, rules, policies, regulations, or procedures necessary in order to carry out its functions.
(12) To procure insurance against any losses in connection with its property in such amounts and from such insurers as may be necessary and desirable.
(13) To make, participate in, or guarantee loans, either directly or in cooperation with banks or other lending agencies through agreements to participate on an immediate or deferred basis.
(14) To adapt its programs in such manner as to make maximum use of new sources of leverage and federal and other programs, in the interest of expanding the small business sector in Louisiana and encouraging the existence of capital markets accessible to small businesses.
(15) To direct the state treasurer to invest, in a separate portfolio, the funds received for Louisiana Economic Development from any federal agency in accordance with federal guidelines. All investment income, net of investment expenditures, shall be credited to Louisiana Economic Development to be used as program revenue for associated funding.
E. In addition to those powers granted to the corporation by this Chapter, the corporation shall have the following powers:
(1) To borrow money and to issue, from time to time, its bonds to pay the cost of the projects for which such bonds have been issued, including but not limited to the power to issue, from time to time, bonds to renew or to pay bonds, including the interest thereon. Whenever bonds can be refunded to obtain interest rates which are lower than the interest paid on existing bonds, the corporation shall have the power to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to refund bonds partly to refund outstanding bonds. Refunding bonds may be sold and the proceeds applied to the purchase, redemption, or payment of the bonds to be refunded, or exchanged for the bonds to be refunded.
(2) The corporation may undertake the financing of the cost of a project for an eligible small business from the proceeds of its bonds by one or more of the following methods:
(a) Entering into a lease for the facilities of the eligible small business being financed.
(b) Selling such facilities to the eligible small business under a sales contract.
(c) Entering into such other transaction or transactions as the corporation deems appropriate to accomplish the purposes of this Chapter and the security of the bonds.
(3) In addition to, and not as a limitation upon, the powers of the corporation to issue bonds as elsewhere conferred in this Chapter, the corporation shall also have the power to issue bonds, the proceeds of which, after payment of the costs of issuance thereof, will be used to carry out the purposes of this Section.
(4) The corporation may create an insurance or guaranty fund which may be used for any of the following:
(a) To insure the payment and repayment of all or any part of the principal of, redemptions or prepayment premiums or penalties on, and interest on its bonds.
(b) To insure the payment or repayment of all or any part of the principal of, redemption or prepayment premiums or penalties on, and interest on any instrument executed, obtained, or delivered in connection with the issuance and sale of its bonds.
(5)(a) The bonds shall be authorized by resolution of the corporation, shall bear such date or dates, and shall mature at such time or times as such resolution may provide, except that no bond shall mature more than thirty years from the date of issue.
(b) The bonds shall bear interest at such rate or rates, be in such denominations, be in such form, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, including redemption prior to maturity, as such resolution may provide.
(6) Such bonds may be sold by the corporation in such manner and from time to time at public or private sale, at such price or prices as may be determined by the corporation, and the corporation may pay all expenses and commissions that it may deem necessary or advantageous in connection with the issuance and sale thereof. Such bonds shall have all the qualities of negotiable instruments under the law merchant and the commercial laws of the state of Louisiana.
(7) All bonds authorized to be issued by the corporation shall be submitted to and approved by the State Bond Commission prior to the issuance and delivery of said bonds.
(8) The corporation shall have the power to contract with the holders of any of its bonds as to the custody, collection, securing, investment, and payment of any money of the corporation and of any money held in trust or otherwise for the payment of bonds and to carry out such contract. Money held in trust or otherwise for the payment of bonds or in any way to secure bonds and deposits of money of the corporation, and all banks and trust companies are authorized to give security for the deposits.
(9) In the event that any of the members or officers of the corporation shall cease to be members or officers of the corporation prior to the delivery of any bonds signed by them, their signatures or facsimiles thereof shall nevertheless be valid and sufficient for all purposes, the same as if such members or officers had remained in office until such delivery.
(10) Subsequent amendments to this Chapter shall not limit the rights vested in the corporation with respect to any agreements made with, or remedies available to, the holders of bonds issued under this Chapter prior to enactment of the amendments until the bonds, together with all interest thereon, and all costs and expenses in connection with any proceeding by or on behalf of the holders, are fully met and discharged.
(11) The corporation is hereby declared to be performing a public function and to be a public body corporate. Accordingly, the income, including any profit made on the sale thereof from all bonds issued by the company, shall at all times be exempt from all taxation by the state or any public subdivision thereof. If, after all indebtedness and other obligations of the company are discharged the corporation is dissolved, its remaining assets shall inure to the benefit of the state.
(12)(a) The bonds issued by and under the authority of this Chapter by the corporation are declared to be legal instruments in which all public officers or public bodies of the state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations, and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or may later be authorized to invest in bonds or in other obligations of the state, may invest funds, including capital, in their control or belonging to them.
(b) Such bonds are also hereby made securities which may be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is now or may be later authorized by law.
F. Repealed by Acts 2010, No. 1034, §3.
G. Notwithstanding any provision of law to the contrary, any person receiving any financial assistance or grant or participating in investment programs administered by Louisiana Economic Development through the corporation shall be a citizen of the United States.
Acts 1996, 1st Ex. Sess., No. 29, §3; Acts 1997, No. 225, §1; Acts 1997, No. 726, §1, eff. July 9, 1997; Acts 2001, No. 9, §9, eff. July 1, 2001; Acts 2003, No. 183, §8; Acts 2010, No. 1034, §3; Acts 2014, No. 811, §28, eff. June 23, 2014; Acts 2022, No. 476, §1, eff. June 15, 2022; Acts 2022, No. 477, §1, eff. June 15, 2022; Acts 2022, No. 508, §1, eff. June 15, 2022; Acts 2024, No. 590, §4, eff. June 11, 2024.
Repealed by Acts 1997, No. 726, §2, eff. July 9, 1997.
All programs of the corporation shall be subject to examination by the commissioner of financial institutions and audit by the legislative auditor, but the corporation shall not be deemed to be a banking organization nor be required to pay a fee for any such supervision or examination. The books and records of the corporation shall be audited annually by an independent certified public accountant firm.
Acts 1989, No. 33, §1; Acts 1992, No. 1136, §1, eff. Jan. 1, 1994.
Repealed by Acts 2025, No. 432, §3.
A. There is hereby established within the state treasury a fund to be known as the "Louisiana Economic Development Fund". All monies received by the corporation shall be deposited to the account of the Louisiana Economic Development Fund. Monies received by the corporation pursuant to R.S. 47:318(A) shall be used solely for Louisiana Economic Development - Debt Service and State Commitments.
B. All monies received or appropriated to such fund shall remain in the fund and shall not be returned to the state general fund at the end of any fiscal year.
C.(1) The monies in the Louisiana Economic Development Fund shall be invested by the treasurer in the same manner as monies in the state general fund.
(2) All interest earned on monies from the fund so invested by the state treasurer shall be deposited in the Louisiana Economic Development Fund.
Acts 1991, No. 34, §1, eff. July 1, 1991; Acts 2003, No. 1107, §1, eff. July 2, 2003; Acts 2012, No. 834, §13, eff. July 1, 2012; Acts 2018, No. 612, §17, eff. July 1, 2020; Acts 2019, No. 404, §§1, 12, eff. July 1, 2020.
A. There is hereby established in the state treasury, as a special fund, the Site Investment and Infrastructure Improvement Fund, hereafter referred to as the "fund".
B.(1) After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit into the fund any monies transferred or appropriated by the legislature. The treasurer shall also deposit into the fund any grants, donations, gifts, or other monies which may become available.
(2) Monies in the fund shall be invested in the same manner as monies in the state general fund. Interest earned on investment of monies in the fund shall be deposited into the state general fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
C.(1) Subject to appropriation by the legislature to Louisiana Economic Development, hereafter referred to in this Section as the "department", monies in the fund shall be used solely for economic development efforts, specifically for site investment and infrastructure improvements for economic development purposes.
(2) Monies in the fund shall be utilized in accordance with the department's strategic plan and program priorities. The department shall consider the following factors in the allocation of monies:
(a) Demonstrated market demand in priority sectors.
(b) Performance measures.
(c) Return on investment.
(d) Impact on distressed communities.
(e) Public benefit and economic impact.
(f) Site potential.
(g) Any other factors as established by rule.
(3) Notwithstanding any provision of law to the contrary, the department shall prioritize allocation of monies to purposes that meet any of the following criteria:
(a) Leverage public-private partnerships, private equity, or other resources.
(b) Address specific and critical needs for high-potential projects.
(c) Are a Louisiana Economic Development certified site.
(d) Any other factors as established by rule.
(4) In accordance with the Administrative Procedure Act, the secretary of Louisiana Economic Development is hereby authorized and directed to adopt and promulgate rules necessary for implementation and administration of the provisions of this Subsection. Notwithstanding any provisions of law to the contrary, such rules may be promulgated by emergency rule.
Acts 2025, No. 365, §4, eff. June 20, 2025.
The corporation, through the secretary, may charge application fees and other fees as necessary to cover costs associated with administering its programs in a manner consistent with the financial and economic benefits and risks of the programs to the state. Adoption of such charges shall be published in the Louisiana Register in conformance with the provisions of the Administrative Procedure Act.
Acts 1992, No. 1136, §1, eff. Jan. 1, 1994; Acts 1997, No. 827, §1; Acts 2015, No. 361, §3, eff. July 1, 2015.
The corporation shall be subject to the Public Records Law, except when proprietary information is involved, the Open Meetings Law, the Bond Validation Procedures Law, the Administrative Procedure Act, and the Code of Governmental Ethics.
Acts 1992, No. 1136, §1, eff. Jan. 1, 1994.
Repealed by Acts 2010, No. 1034, §3.
Funds made available to the corporation by the legislature shall be used solely for the programs and purposes otherwise provided for in this Chapter. The corporation shall keep books showing from whom any money is received and for what purpose, and to whom any money is paid and for what purpose. It shall keep in its file vouchers or receipts for all money paid out.
Acts 1992, No. 1136, §1, eff. Jan. 1, 1994.
A. No member of the corporation, employee thereof, or employee of Louisiana Economic Development who is provided as staff to the corporation shall either directly or indirectly be a party to or be in any manner interested in any contract or agreement with the corporation for any matter, cause, or thing whatsoever by reason whereof any liability or indebtedness shall in any way be created against such corporation. If any contract or agreement shall be made in violation of the provisions of this Section the same shall be null and void and no action shall be maintained thereon against the corporation.
B.(1) The prohibition described in Subsection A of this Section shall not apply to a member of the corporation or an employee thereof if the respective member recuses himself from voting on the otherwise prohibited contract or agreement.
(2) Any member of the corporation who recuses himself from voting pursuant to the provisions of this Subsection shall also be prohibited from participating in any discussion or debate with respect to the otherwise prohibited contract or agreement.
Acts 1992, No. 1136, §1, eff. Jan. 1, 1994; Acts 2018, No. 308, §1.
The effectuation of the authorized purposes of the corporation shall and will be in all respects for the benefit of the people of the state of Louisiana, for the alleviation of their economic and social distress, and for the improvement of their welfare; and since the corporation will, as a government instrumentality of the state, be performing essential governmental functions in effectuating such purposes, the funds, bonds or other evidences of indebtedness issued by the corporation, their transfer and the income therefrom, including any profits made on the sale thereof, shall at all times be free from taxation within the state of Louisiana.
Acts 1992, No. 1136, §1, eff. Jan. 1, 1994.
Whoever knowingly files a false statement concerning an application for any program administered by the corporation shall be guilty of the offense of filing false public records and shall be subject to the penalty provided for in R.S. 14:133.
Acts 1992, No. 1136, §1, eff. Jan. 1, 1994.
A. The Louisiana Small Business Incubator Program is hereby established in and shall be administered by the Louisiana Economic Development Corporation.
B. The program shall have the express purpose of providing financial resources for qualified local entities, both private nonprofit and public, to establish, operate, or expand a small business incubator.
Acts 1995, No. 180, §1; Acts 1995, No. 276, §1, eff. July 1, 1995.
As used in this Part, the following terms shall have the meanings specified in this Section:
(1) "Applicant" means a private nonprofit or public entity located in this state.
(2) "Corporation" means the Louisiana Economic Development Corporation.
(3) "Program" means the Louisiana Small Business Incubator Program.
(4) "Small business incubator" means a multi-tenanted facility which is characterized by shared business services, equipment, space, and access to on-premises business consultants for tenants and which is operated by a private nonprofit or public entity.
(5) "Tenant" means a sole proprietorship, partnership, corporation, or limited liability partnership or company which operates within a small business incubator.
Acts 1995, No. 180, §1; Acts 1995, No. 276, §1, eff. July 1, 1995.
Repealed by Acts 2001, No. 9, §10, eff. July 1, 2001; Acts 2001, No. 1185, §8, eff. July 1, 2001.
A.(1) The corporation is authorized and empowered to loan or to guarantee to any eligible applicant, as determined by rules and regulations of the corporation, a sum not to exceed one hundred thousand dollars for the purpose of establishing, maintaining, or expanding a small business incubator.
(2) Any loans or guarantees made under the program shall be secured by the applicant's granting the state of Louisiana a security interest in that portion of the fixed asset for which the loan is granted or guaranteed. Nothing in this Paragraph shall prohibit the security interest of the state from being primed by or subordinated to another security interest based on public or private capital invested in the real property of the applicant prior to the granting of the loan or guarantee.
(3) The interest charged on any direct loan made under the program shall not be less than the interest rate paid by the state for bonds issued by the corporation and shall not exceed that rate by more than two points.
B.(1) The corporation is authorized and empowered to grant to any eligible applicant, as determined by rules and regulations of the corporation, a sum not to exceed fifty percent of the eligible project cost, but in any case not to exceed one hundred thousand dollars, for the purpose of establishing, maintaining, or expanding a small business incubator.
(2) A grant under the program shall be available only to an applicant who is able to satisfactorily document to the corporation that he has funding available from other sources for the eligible project in an amount which matches, on a fifty-fifty basis, the amount of the grant for which he has applied.
Acts 1995, No. 180, §1; Acts 1995, No. 276, §1, eff. July 1, 1995.
Each applicant for funding shall, in addition to meeting eligibility requirements established by rule, provide the corporation with documentation of each of the following:
(1) Its ability to secure title to a facility or lease a facility with the intent to secure title and to transform the facility into a small business incubator at a specified cost.
(2) Its ability to provide access to business development services for tenants of the small business incubator, including but not limited to financial assistance, management and marketing services, and physical services.
(3) Its ability to manage and operate the small business incubator and to accept and terminate tenants in accordance with the guidelines established by the corporation.
(4) Its ability to project sustained use for the small business incubator.
Acts 1995, No. 180, §1; Acts 1995, No. 276, §1, eff. July 1, 1995.
A. The Monroe and Northeast Louisiana Technology and Business Incubation Center is hereby established and shall be administered by the Louisiana Economic Development Corporation.
B. The program shall have the express purpose of providing financial resources for qualified local entities, both private nonprofit and public, to establish, operate, or expand a small business incubator to be located in Northeast Louisiana and which will house qualified technology based start-up companies.
Acts 2003, No. 1170, §1.
As used in this Part, the following terms shall have the meanings specified in this Section:
(1) "Applicant" means a private nonprofit or public entity located in this state.
(2) "Corporation" means the Louisiana Economic Development Corporation.
(3) "Program" means the Monroe and Northeast Louisiana Technology and Business Incubation Center.
(4) "Small business incubator" means a multi-tenanted facility which is characterized by shared business services, equipment, space, and access to on-premises business consultants for tenants and which is operated by a private nonprofit or public entity.
(5) "Tenant" means a sole proprietorship, partnership, corporation, or limited liability partnership or company which operates within a small business incubator and is primarily a technology based start-up company as determined by the Louisiana Economic Development Corporation.
Acts 2003, No. 1170, §1.
A.(1) The corporation is authorized and empowered to loan or to guarantee to any eligible applicant, as determined by rules and regulations of the corporation, a sum not to exceed one hundred thousand dollars for the purpose of establishing, maintaining, or expanding a small business incubator located in northeast Louisiana.
(2) Any loans or guarantees made under the program shall be secured by the applicant's granting the state of Louisiana a security interest in that portion of the fixed asset for which the loan is granted or guaranteed. Nothing in this Paragraph shall prohibit the security interest of the state from being primed by or subordinated to another security interest based on public or private capital invested in the real property of the applicant prior to the granting of the loan or guarantee.
(3) The interest charged on any direct loan made under the program shall not be less than the interest rate paid by the state for bonds issued by the corporation and shall not exceed that rate by more than two points.
B.(1) The corporation is authorized and empowered to grant to any eligible applicant, as determined by rules and regulations of the corporation, a sum not to exceed fifty percent of the eligible project cost, but in any case not to exceed one hundred thousand dollars, for the purpose of establishing, maintaining, or expanding a small business incubator located in northeast Louisiana.
(2) A grant under the program shall be available only to an applicant who is able to satisfactorily document to the corporation that he has funding available from other sources for the eligible project in an amount which matches, on a fifty-fifty basis, the amount of the grant for which he has applied.
Acts 2003, No. 1170, §1.
Each applicant for funding shall, in addition to meeting eligibility requirements established by rule, provide the corporation with documentation of each of the following:
(1) Its ability to secure title to a facility or lease a facility, to be located in northeast Louisiana, with the intent to secure title and to transform the facility into a small business incubator at a specified cost.
(2) Its ability to provide access to business development services for tenants of the small business incubator, including but not limited to financial assistance, management and marketing services, and physical services.
(3) Its ability to manage and operate the small business incubator and to accept and terminate tenants in accordance with the guidelines established by the corporation.
(4) Its ability to project sustained use for the small business incubator.
Acts 2003, No. 1170, §1.
A. The tenants of a small business incubator created by this Part shall be limited to technology based start-up companies.
B. The corporation shall define by rule a qualified technology based start-up company and establish eligibility qualifications for inclusion in a small business incubator.
C. In addition to the rules established by the corporation, the applicant may also establish additional qualifications for inclusion in a small business incubator which are not inconsistent with this Part.
Acts 2003, No. 1170, §1.
This Part shall be known and may be cited as the "Workforce Development and Training Law".
Acts 1995, No. 483, §1.
As used in this Chapter, the following terms shall have the following definitions:
(1) Repealed by Acts 1997, No. 313, §2, June 17, 1997.
(2) "Corporation" means the Louisiana Economic Development Corporation.
(3) "Fund" means the Louisiana Economic Development Fund.
(4) "Labor demand occupation" means an occupation for which there is or is likely to be a greater demand than supply of adequately trained workers.
(5) "Program" means the Workforce Development and Training Program.
(6) Repealed by Acts 2001, No. 9, §10, eff. July 1, 2001.
Acts 1995, No. 483, §1; Acts 1997, No. 313, §2, eff. June 17, 1997; Acts 2001, No. 9, §§9 and 10, eff. July 1, 2001.
The Workforce Development and Training Program is hereby established in and administered by the Louisiana Economic Development Corporation. The purpose of the program is to develop and provide customized workforce training programs to existing and prospective Louisiana businesses.
Acts 1995, No. 483, §1; Acts 1997, No. 313, §1, eff. June 17, 1997; Acts 2001, No. 9, §9, eff. July 1, 2001.
Repealed by Acts 2001, No. 9, §10, eff. July 1, 2001.
A. The Workforce Development and Training Program shall develop and coordinate programs for customized workforce training.
B. Customized training may be provided to the present employees of a business which the corporation deems to be in need of training to prevent job loss caused by obsolete skills, technological change, or national or global competition. Customized training may also be provided to employees at a facility which is being newly developed or which is being relocated from another state into Louisiana.
Acts 1995, No. 483, §1; Acts 1997, No. 313, §1, eff. June 17, 1997; Acts 2001, No. 9, §9, eff. July 1, 2001.
An applicant shall be eligible for customized workforce training if it is one of the following:
(1) An individual employer that seeks the customized training services to create, upgrade, or retain jobs in a labor demand occupation.
(2) An individual employer that seeks customized training services to upgrade or retain jobs in an occupation which is not a labor demand occupation, if the corporation determines that the services are necessary to prevent the likely loss of jobs.
(3) An employer, labor organization, or community-based organization seeking the customized training services to provide training for a labor demand occupation in a particular industry.
(4) A consortium made up of one or more educational institutions and one or more eligible individual employers, labor, or community-based organizations that seek customized training services to provide training in labor demand occupations.
(5) An individual employer that seeks customized training for employees at a facility which is being newly developed or which is being relocated from another state into Louisiana.
Acts 1995, No. 483, §1; Acts 1997, No. 313, §1, eff. June 17, 1997; Acts 2001, No. 9, §9, eff. July 1, 2001.
A. To qualify for funding for customized training services, an application shall be made to the corporation and shall be accompanied by an application describing the need for the services as well as a detailed explanation of the proposal and projected benefits and any other information the corporation deems appropriate.
B. The corporation shall develop a formal workforce training award program that includes an application, review, evaluation, and award process and the corporation shall adopt rules and regulations promulgated in accordance with law.
C. Each application shall be reviewed by the corporation's board to determine if such applicant is qualified to receive funding and whether he shall receive such funding.
D. All approved applications shall be presented to the Joint Legislative Committee on the Budget, the House Committee on Commerce, and the Senate Committee on Commerce, Consumer Protection, and International Affairs in the corporation's quarterly report in accordance with the provisions of R.S. 51:2319.
Acts 1995, No. 483, §1; Acts 1997, No. 313, §1, eff. June 17, 1997; Acts 2001, No. 9, §9, eff. July 1, 2001; Acts 2003, No. 183, §8.
A. There is hereby created an Economic Development Award Program, hereinafter referred to as "EDAP", and placed within the Louisiana Economic Development Corporation. EDAP shall serve as a mechanism through which Louisiana Economic Development evaluates; financially assists; awards appropriations, grants, or loans; engages in joint ventures; or provides incentives or inducements to industrial and business development projects as provided in this Section, and in which a state appropriation is required or for which a state guarantee is contracted. EDAP shall be separate and distinguished from any tax exemption or incentive programs administered by the Board of Commerce and Industry, all of which shall remain unaffected by this Section.
B. The corporation shall develop a formal award program that includes an application, review, evaluation, and award process. The corporation shall develop rules and regulations in accordance with law which shall include but not be limited to the maximum amount of awards and local matching monies.
C. Any private, quasi public, or public entity, or political subdivision of the state seeking financial assistance from the state, through Louisiana Economic Development, in the form of an appropriation, loan, guarantee, state-backed financial inducement or incentive, or participation in a joint venture where state funds are appropriated, loaned, committed, or guaranteed, shall make application for such assistance to the corporation. The corporation shall evaluate each project according to established criteria. Any project funded by the sale of general obligation or revenue bonds and which is subject to the capital outlay review process shall be exempt from the requirements of this Section.
D.(1) Each application shall be reviewed by the corporation's board to determine if such applicant has met the established criteria to receive funding and whether he shall receive such funding.
(2) Repealed by Acts 2010, No. 1034, §3.
E. Repealed by Acts 2001, No. 9, §10, eff. July 1, 2001.
F. The legislature shall make an annual appropriation to EDAP for deposit in the Louisiana Economic Development Fund under the terms and conditions as provided for in R.S. 51:2315. Project awards shall be disbursed by the corporation's board.
G. The provisions of this Part shall not apply to programs, funds, or projects administered by any department other than Louisiana Economic Development. The provisions of this Part shall not apply to the federally funded Community Development Block Grant program administered by the division of administration.
Acts 1997, No. 726, §1, eff. July 9, 1997; Acts 2001, No. 9, §§9 and 10, eff. July 1, 2001; Acts 2003, No. 183, §8; Acts 2010, No. 1034, §3.
Repealed by Acts 2001, No. 9, §10, eff. July 1, 2001.
Repealed by Acts 1992, No. 1136, §2, eff. Jan. 1, 1994.
Repealed by Acts 1992, No. 1136, §2, eff. Jan. 1, 1994.
Repealed by Acts 1992, No. 1092, §2, and Acts 1992, No. 1136, §2, eff. Jan. 1, 1994.
Repealed by Acts 1989, No. 33, §2.
Repealed by Acts 1992, No. 797, §3, eff. July 1, 1992, and Acts 1992, No. 1136, §2, eff. Jan. 1, 1994.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 1992, No. 1092, §2, and Acts 1992, No. 1136, §2, eff. Jan. 1, 1994.
Repealed by Acts 1992, No. 1092, §2, and Acts 1992, No. 1136, §2, eff. Jan. 1, 1994.
Repealed by Acts 1992, No. 1092, §2, and Acts 1992, No. 1136, §2, eff. Jan. 1, 1994.
Repealed by Acts 1992, No. 1092, §2, and Acts 1992, No. 1136, §2, eff. Jan. 1. 1994.
A.(1) The Rapid Response Fund, hereinafter referred to as the "fund", is hereby created as a special fund within the state treasury.
(2) Beginning July 1, 2005, the state treasurer is directed to deposit into the fund at the beginning of each fiscal year ten million dollars. The legislature may appropriate additional monies to the fund notwithstanding the balance in the fund.
B.(1) All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. Monies in the fund shall be invested by the treasurer in the same manner as those in the state general fund, and any interest earned on the investment of monies in the fund shall be credited to the fund.
(2) Monies in the fund shall be available for appropriation to Louisiana Economic Development, hereinafter referred to as the "department". Such appropriations shall be used by the secretary of the department for immediate funding of all or a portion of economic development projects which may be necessary in order to successfully secure the creation or retention of jobs by a business entity under such circumstances as may be determined by the secretary and the governor.
(3) The secretary shall report to the Joint Legislative Committee on the Budget twice yearly, on the first day of October and the first day of April, with respect to all actual expenditures of monies appropriated from the fund. The reports shall be available electronically, and the secretary shall include in these reports any other information which the committee may require with respect to use of monies appropriated from the fund, including but not limited to the following information on each economic development project which receives funding:
(a) Performance targets.
(b) Outcomes.
(c) Numbers of jobs created and retained.
(d) Overall payroll generated.
(4) The department shall make available upon request the economic impact analysis on an economic development project which receives monies from the fund.
C. At the same time as the secretary submits to the official journal for the state a notice containing general information regarding active negotiations for an economic development project which is eligible for funding from the fund, which active negotiations the secretary desires to keep confidential as provided in R.S. 44:22, upon request by a member of the legislature in whose legislative district a project is located, the secretary may provide information regarding the project if the member submits his signature under oath that all information shall remain confidential and privileged.
Acts 2005, No. 398, §1, eff. July 1, 2005; Acts 2010, No. 368, §1; Acts 2010, No. 633, §3, eff. July 1, 2010; Acts 2015, No. 121, §5, eff. July 1, 2015.
A. All legal agreements for Rapid Response Fund projects shall include all of the following:
(1) A minimum number of direct, full-time created or retained jobs.
(2) A specified time frame by which these job targets are to be achieved.
(3) Minimum payroll requirements.
(4) The total capital investment to be made by the receiving entity, if applicable.
(5) A specified process by which all targets will be validated.
(6) Required recoupment procedures for nonperformance.
B. The provisions of this Section shall not apply to economic development projects in response to a disaster or emergency declared by the governor, or to project agreements with state, local, or federal governmental entities, including the military services.
Acts 2010, No. 383, §1, eff. Jan. 1, 2011.
A. The secretary of Louisiana Economic Development shall develop a uniform accountability report for economic development created by the Rapid Response Fund. The secretary shall also develop a formula for measuring the return on investment for each Rapid Response Fund project.
B. Louisiana Economic Development shall compile and make available a list of the cooperative endeavor agreements, the name of the entity receiving funds, and the amount of the incentive received for all Rapid Response Fund projects in both written and electronic form.
Acts 2010, No. 420, §1, eff. Jan. 1, 2011.
A.(1) There shall hereby be established within the state treasury a special fund, the Louisiana Economic Development Innovation Fund, hereinafter referred to as the "fund". After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, all monies received for the purpose of the fund shall be deposited into the fund.
(2) Monies in the fund shall be used solely for economic development initiatives as determined appropriate by the secretary, who shall develop guidelines for objectives and performance-based criteria for fund distribution.
(3) The source of monies in the fund shall be any monies transferred or appropriated by the legislature, grants, donations, or other monies which may become available.
B. The treasurer shall invest the monies in the fund in the same manner as funds are invested in the general fund. Interest earned from the investment of monies in the fund shall be credited back to the fund. All unexpended and unencumbered money remaining in the fund at the end of the fiscal year shall be retained within the fund.
Acts 2025, No. 432, §2.
A. The Louisiana Mega-Project Development Fund, hereinafter referred to as the "fund", is hereby created as a special fund within the state treasury.
B. The state treasurer is hereby authorized and directed to transfer one hundred fifty million dollars from the Louisiana Economic and Port Development Infrastructure Fund to the Louisiana Mega-Project Development Fund on June 29, 2007. The legislature may appropriate additional monies to the fund if it deems necessary to accomplish the purposes of the fund.
C. Monies in the fund shall be invested by the treasurer in the same manner as monies in the state general fund and any interest earned on the investment of monies in the fund shall be credited to the fund. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
D.(1) Monies in the fund shall be available for appropriation for general purposes and for use by Louisiana Economic Development, hereinafter referred to as the "department". Such appropriations shall be used by the secretary of the department for immediate funding of all or a portion of economic development mega-projects which may be necessary in order to successfully secure the creation or retention of jobs by a business entity or a qualified major event under such circumstances as established by this Part.
(2) The secretary shall report to the Joint Legislative Committee on the Budget twice yearly, on the first day of October and the first day of April, with respect to all actual expenditures of monies appropriated from the fund. The reports shall be available electronically, and the secretary shall include in these reports any other information which the committee may require with respect to use of monies appropriated from the fund, including but not limited to the following information on each economic development project which receives funding:
(a) Performance targets.
(b) Outcomes.
(c) Numbers of jobs created and retained.
(d) Overall payroll generated.
(3) The department shall make available upon request the economic impact analysis on an economic development project which receives monies from the fund.
E. Monies in the fund shall be expended only upon recommendation by the secretary and concurrence by the governor. Any such recommendation shall be implemented pursuant to a cooperative endeavor agreement executed in accordance with the provisions of R.S. 33:9029.2 and subject to approval by the Joint Legislative Committee on the Budget.
F.(1) For purposes of this Section, "mega-project" means:
(a) A project which will provide the following:
(i) Either five hundred new direct jobs to the state or a minimum initial investment of five hundred million dollars by the private sector or the United States Government through the creation of a new facility or the expansion of an existing facility.
(ii) A substantial return on the investment by the state as measured by projected tax revenues.
(b) A project for a military or federal installation which is important to the Louisiana economy and that may be subject to base realignment and closure, or for the purchase of land for a mega-project.
(c) A project resulting in re-creating or saving at least five hundred direct jobs in this state, through the transfer of ownership of a facility that has been closed or a facility that is at risk of closure due to conditions arising out of or relating to a proceeding under Title 11 of the United States Code.
(d) Repealed by Acts 2022, No. 751, §2, eff. June 27, 2022.
(2) Except for a mega-project as provided in Subparagraph (1)(b) of this Subsection, the investment by the state in any mega-project shall not exceed thirty percent of the total cost of the project as described by the cooperative endeavor agreement.
G. At the same time as the secretary submits to the official journal for the state a notice containing general information regarding active negotiations for an economic development mega-project which is eligible for funding from the fund, which active negotiations the secretary desires to keep confidential as provided in R.S. 44:22, upon request by a member of the legislature in whose legislative district a project is located, the secretary may provide information regarding the project if the member submits his signature under oath that all information shall remain confidential and privileged.
Acts 2007, No. 208, §3, eff. June 29, 2007; Acts 2008, No. 513, §15, eff. June 30, 2008; Acts 2009, No. 1, §1, eff. May 12, 2009; Acts 2010, No. 368, §1; Acts 2010, No. 633, §3, eff. July 1, 2010; Acts 2015, No. 12, §1, eff. July 1, 2015; Acts 2022, No. 751, §§1, 2, eff. June 27, 2022.
Repealed by Acts 2022, No. 751, §2, eff. June 27, 2022.
A. The secretary of Louisiana Economic Development shall develop a uniform accountability report for economic development created by the Louisiana Mega-Project Development Fund. The secretary shall also develop a formula for measuring the return on investment for each mega-project.
B. Louisiana Economic Development shall compile and make available a list of the cooperative endeavor agreements, the name of the entity receiving funds, and the amount of the incentive received for all Louisiana Mega-Project Development Fund projects in both written and electronic form.
Acts 2010, No. 420, §1, eff. Jan. 1, 2011.
A. In addition to the funding for an economic development mega-project provided for in R.S. 51:2365 or as a separate incentive, the secretary of Louisiana Economic Development with the concurrence of the governor may enter into a cooperative endeavor agreement to grant assistance to a mega- project as defined in R.S. 51:2365(F) the Louisiana Mega-Project Energy Assistance Rebate as provided for in this Section, subject to approval of the cooperative endeavor agreement by the Joint Legislative Committee on the Budget.
B. The assistance may be granted if the secretary determines that the consumption of energy will be a major cost component of the operation of a mega fund project and assistance in moderating the cost of such energy will be a major factor in inducing a mega fund project to locate, expand, or remain in the state. Also, the assistance may be granted only if the secretary of Louisiana Economic Development certifies to the governor and the Joint Legislative Committee on the Budget that the grant of the energy assistance rebate shall not harm any business located in the state which may be a competitor of the business to be undertaken by the mega fund project.
C. The Louisiana Mega-Project Energy Assistance Rebate to the mega-project shall be granted in the form of a rebate of Louisiana severance taxes that were paid to the state on any natural gas consumed or used directly in the operation of the mega-project facility or consumed indirectly in the manufacture or creation of energy sold to the mega-project facility for its operation, determined as follows:
(1) Prior to implementation of the energy assistance rebate, the Department of Revenue, at the request of the secretary of Louisiana Economic Development, shall consult with the operators of the mega-project facility and the following businesses:
(a) The suppliers of natural gas for operation of the mega-project facility.
(b) The utilities or other suppliers of energy which themselves use or consume natural gas for the production of energy which they are expected to sell to the mega-project facility for its operation. Utilities shall be entitled to use estimates for reporting purposes.
(c) Any business or series of businesses back to the ultimate severance tax payer, which are expected to sell natural gas to the businesses described in Subparagraphs (a) and (b) of this Paragraph.
(2)(a) Based upon such consultation, the Department of Revenue shall require periodic reports from any such supplier or utility provided for in Paragraph (1) of this Subsection which will enable the department to make the best estimate of the amount of natural gas which is consumed or used directly in the operation of the mega-project facility or consumed indirectly in the manufacture or creation of energy sold to the mega-project facility for its operation which bears a Louisiana severance tax and the amount of the severance tax paid to the state.
(b) If the department finds that a supplier or utility not involved in such consultation is in the chain of supply of natural gas to the mega-project facility or the utilities or other suppliers as provided in Paragraph (1) of this Subsection, that supplier or utility may also be required to file the reports provided for in this Paragraph.
(3) Based upon the reports, the secretary of Louisiana Economic Development may award the Louisiana Mega-Project Energy Assistance Rebate in an amount up to the Louisiana severance tax that has been paid to the state on natural gas for energy consumed or used in the mega-project facility operations as determined by the Department of Revenue at such times as provided for in the cooperative endeavor agreement.
(4) For purposes of establishing the amount of severance taxes which have been paid to the state relative to the granting of a rebate pursuant to this Section, the amount shall be determined by reducing the total amount of severance taxes estimated to have been paid by the amount of such tax which would have been allocated by the state to political subdivisions pursuant to Article VII, Section 4(D) and (E) of the Constitution of Louisiana.
D.(1) The secretary of Louisiana Economic Development shall promulgate such rules and regulations for the implementation of this Section in the manner provided for in the Administrative Procedure Act.
(2)(a) The Department of Revenue shall promulgate such rules and regulations for the implementation of the consultation and the reports required by the department in order to make the determination of the amount of rebate which may be granted, all in the manner provided for in the Administrative Procedure Act. Where specific identification of the amount of severance tax paid on natural gas consumed directly or indirectly in the operation of the mega-project is determined by the department not to be reasonably possible, the rules and regulations shall provide for the determination by estimate of the amount to be rebated.
(b) In addition, in preparing such report, the department shall have any authority provided to it for examination and investigation pursuant to Part II of Chapter 18 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, (R.S. 47:1541 et seq.).
(c) Failure to file the periodic reports by any supplier or utility required to do so by the department as provided for in Paragraph (C)(1) of this Section shall make the supplier or utility subject to the same penalty provided for failure to file the severance tax report provided for in R.S. 47:642(A).
NOTE: Subsection E as enacted by Acts 2015, No. 126, §2, eff. through June 30, 2018. See Acts 2016, 1st E.S., No. 28.
E. With respect to projects for which the secretary makes a determination on or after July 1, 2015, that the consumption of energy will be a major cost component of the operation of a mega-fund project, pursuant to this Section, the rebate granted to a mega-project shall not exceed eighty percent of Louisiana severance taxes that were paid to the state on any natural gas consumed or used directly in the operation of the mega-project facility or consumed indirectly in the manufacture or creation of energy sold to the mega-project facility for its operation, as determined in Paragraph (C)(1) of this Section.
F. No cooperative endeavor agreements shall be entered into pursuant to the provisions of this Section on or after July 1, 2017.
Acts 2010, No. 1006, §1, eff. July 1, 2010; Acts 2015, No. 126, §2, eff. July 1, 2015; Acts 2016, 1st Ex. Sess., No. 28, §2, eff. April 1, 2016; Acts 2017, No. 386, §2, eff. June 23, 2017.
There is hereby created a grant program to be known as the "Granting Unserved Municipalities Broadband Opportunities" program, hereinafter referred to as the "GUMBO" program.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2023, No. 383, §3A.
As used in this Subpart, the following terms have the following meanings:
(1) "Agriculture" means the commercial planting, growing, harvesting, production, storage, processing, marketing, distribution, or export of any agricultural product, including but not limited to farm products, livestock and livestock products, poultry and poultry products, milk and dairy products, fruit and other horticultural products, and seafood and aquacultural products.
(2) "Broadband service" means deployed internet access service with a minimum of one hundred megabits per second (Mbps) download and at least twenty megabits per second upload transmission speeds. The office shall have the authority to determine whether any particular technology can reliably meet or exceed any internet transmission speed threshold.
(3) "Cooperative" means a corporation organized under Part I of Chapter 2 of Title 12 of the Louisiana Revised Statutes of 1950 or a corporation who becomes subject to those provisions pursuant to R.S. 12:401 et seq.
(4) "Director" means the executive director of the office of broadband development and connectivity within the division of administration.
(5) "Economically distressed parish" means an unserved area that is in need of expansion of business and industry and the creation of jobs, giving consideration to unemployment, per capita income, and the number of residents receiving public assistance within that unserved area.
(6) "Eligible grant recipient" means a provider of broadband service, including a provider operated by a local government if the local government is compliant with the Local Government Fair Competition Act prior to July 1, 2021, with respect to providing such services, a cooperative, or any partnership thereof.
(7) "Eligible parishes" means any parish with unserved structures.
(8) "Eligible project" means a discrete and specific project located in an unserved area of an eligible parish seeking to provide broadband service to homes, households, businesses, educational facilities, healthcare facilities, and community anchor points not currently served. A project that is primarily engaged in middle-mile, backhaul, or similar work is not an eligible project. The inclusion of middle-mile, backhaul, or similar capacity is permissible in an eligible project, if the capacity does not otherwise exist and is necessary for the project's last-mile broadband connectivity to end users. If a contiguous project area crosses from one eligible parish into one or more eligible adjacent parishes, for the purposes of this Subpart, the project shall be deemed to be located in the parish where the greatest number of unserved households are proposed to be served.
(9) "Household" means any individual or group of individuals who are living together at the same address as one economic unit. A household may include related and unrelated persons. An "economic unit" consists of all adult individuals contributing to and sharing in the income and expenses of a household. An adult is any person eighteen years or older. If an adult has no or minimal income, and lives with someone who provides financial support to him, both people shall be considered part of the same household. Children under the age of eighteen living with their parents or guardians are considered to be part of the same household as their parents or guardians.
(10) "Infrastructure" means existing facilities, equipment, materials, and structures that an internet service provider has installed either for its core business or public enterprise purposes. Examples include but are not limited to copper wire, coaxial cable, optical cable, loose tube cable, communication huts, conduits, vaults, patch panels, mounting hardware, poles, generators, batteries and cabinets, network nodes, network routers, network switches, microwave relays, microwave receivers, site routers, outdoor cabinets, towers, easements, rights-of-way, and buildings or structures owned by the entity that are made available for location or collocation purposes.
(11) "Infrastructure costs" means costs directly related to the construction of broadband infrastructure for the extension of broadband service for an eligible project, including installation, acquiring or updating easements, backhaul infrastructure, and testing costs. The term does not include overhead or administrative costs.
(12) "Local government" means a parish, municipality, or school board, or any instrumentality thereof.
(13) "Office" means the office of broadband development and connectivity within the division of administration.
(14) "Prospective broadband recipient" means a household, home, business, educational facility, healthcare facility, community anchor point, agricultural operation, or agricultural processing facility that is currently unserved and is identified in an application submitted in accordance with this Subpart.
(15) "Shapefile" means a file format for storing, depicting, and analyzing geospatial data depicting broadband coverage, comprised of several component files, such as a Main file (.shp), an Index file, (.sbx) and a dBASE table (.dbf).
(16) "Unserved" means, notwithstanding any other provision of law, any federal funding awarded to or allocated by the state for broadband deployment shall not be used, directly or indirectly, to deploy broadband infrastructure to provide broadband internet service in any area of the state where broadband internet service of at least one hundred megabits per second download and twenty megabits per second upload is available from at least one internet service provider.
(17) "Unserved area" means a designated geographic area that is presently without access to broadband service, as defined in this Section, offered by a wireline or fixed wireless provider. Areas included in an application where a provider has been designated to receive funds through other state or federally funded programs designed specifically for broadband deployment shall be considered served if such funding is intended to result in the initiation of activity related to construction of broadband infrastructure in such area within twenty-four months of the expiration of the sixty-day period related to such application established pursuant to R.S. 51:2370.4(C).
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2022, No. 288, §2; Acts 2023, No. 383, §3A.
A. A provider that has been fully authorized to receive Universal Service, Connect America Phase II, Rural Digital Opportunity Fund, or other public funds to deploy broadband service using wireline technology may qualify the area for protection by submitting, within sixty days of the close of the application period, a listing of the census blocks, shapefile areas, individual addresses, or portions thereof, comprising the publicly funded project areas meeting this requirement to the office. Any location or area of the state, subject to a Rural Digital Opportunity Fund award, in which the provider receiving the award has proposed to provide broadband internet access service through a technology other than a wireline technology, may be eligible for the GUMBO grant program.
B.(1) A provider with firm plans to privately fund broadband deployment within twenty months may qualify the area for protection by submitting to the office, within thirty days of the close of the application period, a listing of the census blocks, shapefile areas, individual addresses, or portions thereof, comprising the privately funded project areas meeting this requirement. A provider seeking to qualify the area for protection pursuant to this Subsection shall also provide the office with evidence of plans to deploy within twenty months, which shall include detailed project plans, schedules, detailed budgets, or executive affidavits. Providers that block competitive bidding for GUMBO funding through credible evidence of intent to build shall be required to sign a commitment with penalties for failure to execute. The office may, at its discretion, grant an extension of the twenty-month period provided in this Paragraph.
(2) A provider seeking to privately fund broadband deployment in accordance with this Subsection shall construct and provide deployable broadband service within the twenty-month period to at least eighty percent of the designated locations; however, the office may, at its discretion, grant an extension to this twenty-month period.
(3)(a) The office shall require any provider seeking to privately fund broadband deployment in accordance with this Subsection to furnish a bond to guarantee the faithful performance of work.
(b) The performance bond required by this Paragraph shall be in an amount equal to the cost of construction and deployment.
(4) If a provider fails to perform as required by this Subsection and the performance bond is due, the provider shall be ineligible for any state-administered federal grant program designated for broadband development services.
C.(1) A local governing authority may submit in writing to the office an objection to any provider that seeks to bid to deploy broadband services in the local governing authority's area if the provider has received a letter grade rating of "D" or "F" from the Better Business Bureau.
(2) At the request of the local governing authority that submits an objection in accordance with this Subsection, a provider shall be ineligible to bid to deploy broadband services.
D. In future program years, the deadline for submitting the census blocks, shapefile areas, individual addresses, or portions thereof shall be established by the office but shall not be less than sixty days prior to the beginning date of the application period. This will enable the office to update maps and advise applicants as to the unserved areas of the state that are ineligible for consideration in that program year.
E. The office shall only utilize the data to update maps of census blocks, shapefile areas, individual addresses, or portions thereof and to reflect the census blocks, shapefile areas, individual addresses, or portions thereof as being served.
F. In no instance shall an applicant be required to provide any data beyond that which it is required to provide to the Federal Communications Commission pursuant to the Broadband Deployment Accuracy and Technological Availability Act pursuant to 47 U.S.C. 641 et seq.
G. Failure on the part of a provider to submit the listing of census blocks, shapefile areas, individual addresses, or portions thereof by the deadline shall result in those areas being ineligible for exclusion under the GUMBO program during the upcoming program year. A provider using wireline technology that has facilities in the area or that intends to deploy broadband service within twenty-four months, as a result of receiving public funds specifically for broadband deployment or upon providing the office with evidence of firm plans to privately fund deployment, shall be able to protest ineligibility.
H. The office shall use the provided census blocks, shapefile areas, individual addresses, or portions thereof only for mapping of unserved areas.
I. Upon expiration of the twenty-four month reservation period described in Subsection G of this Section, a provider that has received a reservation of census blocks, shapefile areas, individual addresses, or portions thereof shall submit written documentation by April thirtieth of the year following the program year that the initiation of activity related to broadband infrastructure will or has begun in the census blocks, shapefile areas, individual addresses, or portions thereof, that have been deemed ineligible by the office due to the existence of a federally funded project area.
J.(1) The office shall secure information from any entity, public or private, providing internet service to at least one location in this state to assist the office in compiling a statewide parish-by-parish broadband map identifying the locations and capability of broadband service in this state. At the request of the office, any such entity shall submit to the office, on or before fifteen days following the expiration of the date required for submission of broadband deployment information to the federal government, any such broadband deployment information. The information provided to the office shall contain the same information and be provided in the same format as the information that was submitted to the Federal Communications Commission, in a manner specified by the office. In no instance shall an entity be required to provide any data beyond that which it is required to provide to the Federal Communications Commission.
(2) Any entity, public or private, providing internet service to at least one location in this state, that does not comply with the requirements of this Section or that submits inaccurate information, may be ineligible to participate in, or receive any funding from, any state-administered grant program designated for broadband infrastructure deployment in this state in the calendar year of noncompliance and the following calendar year.
(3) Any location in this state purportedly served by any entity, public or private, providing internet service to at least one location in this state, that does not comply with the requirements of this Section may be considered to have internet access service of less than one hundred megabits per second for download and twenty megabits per second for upload.
(4) Any broadband availability data provided in accordance with this Section shall be used solely for the purpose of identifying served, underserved, and unserved areas to aid in the administration of the GUMBO program and for no additional purpose.
(5) Any entity submitting broadband data to the office as required by this Section may review the proposed draft of the state broadband map and submit any necessary corrective data to the office prior to the publication or utilization of the state broadband map for any state-administered grant program designated for broadband infrastructure deployment in this state.
(6) Any entity submitting broadband data to the office as required by this Section may challenge any area ultimately deemed eligible for any state-administered grant program designated for broadband infrastructure deployment in this state that overlaps with an entity's verified service territory.
K.(1) The office may contract with a private entity or third-party consultant to develop and maintain the state broadband map. Any contract entered into by the office and a private entity or third-party consultant for the purpose of developing and maintaining the state broadband map shall include a confidentiality agreement prohibiting the disclosure of any broadband data provided in accordance with this Section.
(2) Information compiled pursuant to the provisions of Subsection J of this Section shall be exempt from the Public Records Law and shall be considered confidential, proprietary, and a trade secret of the internet service provider providing the information. The office, including any private entity or third-party consultant retained or employed pursuant to this Section, shall keep strictly confidential and shall not disclose, or cause or permit to be disclosed, to any third person, private entity, or public body as defined in R.S. 44:1, any broadband availability data provided in accordance with Subsection J of this Section. The office, including any private entity or third-party consultant retained or employed pursuant to this Section, shall take all actions reasonably necessary to ensure that the broadband availability data remains strictly confidential and is not disclosed to or seen, used, or obtained by any third person, private entity, or public body as defined in R.S. 44:1.
(3) The requirements of this Section shall terminate under any one of the following conditions, whichever occurs first:
(a) A determination by the office that it is no longer necessary to compile a statewide parish-by-parish broadband map identifying the locations and capability of broadband service in this state.
(b) At midnight on December 31, 2026.
(4) The office may promulgate rules necessary to carry out the provisions of this Section in accordance with the Administrative Procedure Act.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2022, No. 288, §2; Acts 2023, No. 383, §3A.
A. Applications for grants shall be submitted at times designated by the director and may include, at a minimum, the following information:
(1) An attestation to the office that the proposed project area is eligible.
(2) The identity of the applicant and its qualifications and experience with deployment of broadband.
(3) The estimated total cost and duration of the project.
(4) The amount to be funded by the applicant.
(5) An illustration or description of the area to be served, identifying the number of residential and commercial locations that will have access to broadband as a result of the project, including any available addresses, or other identifying information satisfactory to the office, for the foregoing. In the event that the office is unable to identify the proposed project area with specificity, the office may require the applicant to submit additional information. If construction of the proposed project would result in the provision of broadband service to areas that are not eligible for funding, those ineligible areas should be identified in the application along with the eligible areas.
(6) An assessment of the current level of broadband access in the proposed deployment area.
(7) The proposed estimated construction timeline.
(8) A description of the broadband service to be provided, including the proposed upstream and downstream broadband speeds to be delivered and any applicable data caps.
(9) Any other information or supplementary documentation requested by the office.
(10) A plan to encourage users to connect that incorporates, at a minimum, multimedia advertising and marketing programs.
(11) For the proposed area to be served, the infrastructure cost per location for the project.
(12) Evidence of support for the project from citizens, local government, businesses, or institutions in the community.
(13) The proposed advertised speed to be marketed to end users, and the projected cost to the consumer to utilize the service at the projected speed.
(14) An explanation of the scalability of the broadband infrastructure to be deployed for higher broadband speeds in the future.
B. A provider submitting an application pursuant to this Section shall bear the burden of proof that the proposed area to be served can, to the best of his knowledge in fact, be served using the proposed technology and that the area is, as of the close of the application deadline, unserved.
C.(1) Applications shall be made publicly available, subject to the confidentiality protections provided in this Subpart, by posting on the website of the office or the website of the division of administration for a period of at least thirty days prior to award. Following the announcement of awards, any aggrieved party may submit a protest of any award in accordance with R.S. 51:2370.5, specific to whether a location or area is served or unserved by a broadband service, which shall be the sole reason allowable for the submission of a protest. Protests shall be submitted in writing, accompanied by all relevant supporting documentation, and shall be considered by the office in connection with the review of the award. Upon submission of evidence to the office that the proposed project area includes prospective broadband recipients that are served, the office may work with an applicant to amend an award to reduce the number of unserved prospective broadband recipients in the project area to reflect an accurate level of current broadband service. The office may revise application scores in accordance with amended applications. The office shall not grant funds to an applicant who submits an application that does not comply with program requirements. For awards with filed protests, the director shall issue a written decision to the protesting party within fifteen days after receipt of a protest. Following a protest that is granted for a portion of the award, the office shall release to an applicant the locations or areas declared ineligible. Any provider submitting a protest shall attest that the information in the protest is accurate and that the protest is submitted in good faith. The office may deny any protest or application that contains inaccurate information.
(2) Repealed by Acts 2022, No. 288, §3.
(3) The office shall treat any information submitted with a protest that is not publicly available as confidential and subject to the trade secrets protections of state law upon a challenging provider's request for confidential treatment.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2022, No. 288, §§2, 3; Acts 2023, No. 383, §3A.
A.(1) An aggrieved party may submit a protest of an award in accordance with this Section. The period for protesting an award shall be thirty days from the announcement of an award. Protests shall be submitted in writing, accompanied by all supporting documentation, and shall be considered by the office in connection with the review of the application and award. Any provider submitting a protest shall attest that the information in the protest is accurate and that the protest is submitted in good faith. The office may deny any protest or application that contains inaccurate information.
(2) The director or his designee shall have authority, prior to the commencement of an action in court concerning a protest arising under this Subpart, to settle and resolve the protest of an aggrieved party concerning a grant award. An aggrieved party may also submit a protest of eligibility of an application only if the aggrieved party has facilities in the area or intends to deploy broadband services within the next twenty-four months, as a result of receiving public funds specifically for broadband deployment or if the aggrieved party is seeking to privately fund broadband deployment in accordance with R.S. 51:2370.3. This authority shall be exercised in accordance with applicable regulations.
(3) If the basis of the protest of an award is that an application proposes to serve an area that is already served, the office may utilize speed tests that conform to the methodology employed in the Federal Communications Commission's "Measuring Broadband America" report to determine if the protested area or individual households or businesses currently have access to broadband service as defined in this Subpart. All decisions regarding the speed test to be utilized and the manner by which the speed tests are applied shall be made by the director or his designee.
B. If the protest is not resolved by mutual agreement, the director or his designee shall, within seven days, issue a decision in writing. The decision shall:
(1) State the reasons for the action taken.
(2) Inform the protestant of its right to administrative and judicial review as provided in this Subpart.
C. A copy of the decision required by Subsection B of this Section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.
D. A decision required by Subsection B of this Section shall be final and conclusive unless one of the following applies:
(1) The decision is fraudulent.
(2) The party adversely affected by the decision has timely appealed to the commissioner of administration in accordance with Subsection E of this Section.
E. The aggrieved party shall file an appeal with the commissioner of administration within ten days of receipt of a decision issued pursuant to Subsection B of this Section. The commissioner of administration shall have the authority to review and determine any appeal by an aggrieved party from a determination by the director or his designee.
F. On any appeal filed pursuant to Subsection E of this Section, the commissioner shall decide within fourteen days whether the decision concerning a grant application was in accordance with this state's constitution, statutes, and regulations, and the terms and conditions of the application. Any prior determinations by the director or his designee shall not be final or conclusive.
G. A copy of the decision issued pursuant to Subsection F of this Section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.
H. A decision issued pursuant to Subsection F of this Section shall be final and conclusive unless one of the following applies:
(1) The decision is fraudulent.
(2) The party adversely affected by the decision has appealed to the court as provided for in Subsection I of this Section.
I. The aggrieved party shall file an appeal in the Nineteenth Judicial District Court within seven days of receipt of a decision issued pursuant to Subsection F of this Section. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and any aggrieved party to determine whether an award of a grant is in accordance with this state's constitution, statutes, and regulations. Such actions shall extend to all kinds of actions, whether for monetary damages or for declaratory, injunctive, or other equitable relief.
J. Any party aggrieved by a final judgment or interlocutory order or ruling of the Nineteenth Judicial District Court may appeal or seek review thereof, as the case may be, to the Louisiana Court of Appeal, First Circuit or the Supreme Court of Louisiana, as otherwise permitted in civil cases by law and the constitution of this state. If a court has found in a final judgment that an applicant or protestor has incorrectly designated a location as served or unserved, the office may assess a civil penalty of up to one thousand dollars per incorrectly designated location identified in the GUMBO award process and disputed in litigation.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2022, No. 288, §2; Acts 2023, No. 383, §3A.
The office may consult with Louisiana Economic Development to determine if a broadband project proposed under this Subpart will benefit a potential economic development project relevant to the proposed area outlined in the broadband project.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2023, No. 383, §3A.
Applications shall be scored based upon a system that awards a single point for criteria considered to be the minimum level for the provision of broadband service with additional points awarded to criteria that exceed minimum levels. The office shall develop a scoring system in accordance with the following:
(1) The office shall give additional points based upon the experience, technical ability, and financial wherewithal of the applicant in successfully deploying and providing broadband service, as well as the proposed amount of matching funds committed by the applicant relative to the minimum required amount of twenty percent.
(2) The office shall give additional points to applicants that provide a letter of support from local government.
(3) The office shall give additional points to projects based upon the estimated number of unserved households within the eligible economically distressed parish, as determined by the most recent data published by the Federal Communications Commission or any other information available to the office.
(4) The office shall give additional points to projects that will provide broadband service based upon the percentage of the total unserved households within the eligible economically distressed parish that the project will serve. The number of unserved households shall be determined using the most recent data published by the Federal Communications Commission or any other information available to the office.
(5) The office shall give additional points to projects that will provide broadband service to unserved businesses located within the eligible economically distressed parish, as determined by the most recent data published by the Federal Communications Commission or any other information available to the office.
(6) The office shall give additional points based upon the applicant's ability to leverage its own or nearby or adjacent broadband service infrastructure in the proposed project area, and shall consider the ultimate price to the consumer in awarding points.
(7) The office shall give additional points to projects receiving funding or in-kind contributions from local government for eligible projects within the jurisdiction of the local government.
(8) The office shall give additional points to projects in which the eligible grant recipient is a small business entrepreneurship certified by the Hudson Initiative, R.S. 39:2001 et seq., or the Veteran Initiative, R.S. 39:2171 et seq., in accordance with rules promulgated by the office.
(9) The office shall give additional points to projects in which the eligible grant recipient commits to a good faith subcontracting plan to contract with or employ a small business entrepreneurship certified by the Hudson Initiative, R.S. 39:2001 et seq., or the Veteran Initiative, R.S. 39:2171 et seq., to substantially participate in the performance of the project, in accordance with rules promulgated by the office.
(10) The office shall not consider the format of mapping data provided by a broadband provider evaluating a grant proposal.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2023, No. 383, §3A.
A. Grant recipients are required to provide matching funds in accordance with rules promulgated by the office. A grant recipient shall contribute from its own funds a minimum of twenty percent of the total estimated cost of the project.
B.(1) A local government may contribute funding or in-kind contributions for use on an eligible project under the provisions of this Subpart. The contribution of funding by local government for an eligible project under the provisions of this Part shall not be considered a partnership for providing a covered service under the Local Government Fair Competition Act.
(2) A local government shall not make or grant any undue or unreasonable preference or advantage to itself or to any provider of broadband service.
(3) A local government shall apply without discrimination as to itself and to any provider the local government's ordinances, rules, and policies, including those relating to obligation to serve, access to public right of way, permitting, performance bonding, reporting, and quality of service.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2023, No. 383, §3A.
The office shall require that grant recipients offer the proposed advertised minimum download and minimum upload speeds of twenty-five Mbps download and three Mbps upload. Grant recipients that have offered broadband service to at least one thousand consumers for a period of at least five consecutive years shall offer broadband service at prices consistent with offers to consumers in other areas of the state. Any other broadband provider shall ensure that the broadband service is priced to consumers at no more than the cost rate identified in the project application, for the duration of the five-year service agreement. In calculating cost, the recipient may adjust annually, consistent with the annual percentage increase in the Consumer Price Index in the preceding year. At least annually, a grant recipient shall provide to the office evidence consistent with Federal Communications Commission attestation that the grant recipient is making available the proposed advertised speed, or a faster speed, as contained in the grant agreement. For the duration of the agreement, grant recipients shall disclose any changes to data caps. The office may require that grant recipients submit, no more than quarterly, a report for each funded project for the duration of the agreement.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2022, No. 288, §2; Acts 2023, No. 383, §3A.
A. A grant recipient shall forfeit the amount of the grant received if it fails to perform, in material respect, the obligations established in the agreement. Grant recipients that fail to provide the minimum advertised connection speed and cost at the advertised rate shall forfeit any matching funds, up to the entire amount received through the GUMBO program. The office shall use its discretion to determine the amount forfeited. A grant recipient that forfeits amounts disbursed under this Subpart is liable for up to the amount disbursed plus interest. The number of subscribers that subscribe to broadband services offered by the provider in the project area shall not be a measure of performance under the agreement for the purposes of this Subsection.
B. A grant recipient shall not be required to forfeit the amount of the grant received if it fails to perform due to a natural disaster, an act of God, force majeure, a catastrophe, pandemic, the failure to obtain access to private or public property or any government permits under reasonable terms, or such other occurrence over which the grant recipient has no control.
C. Except as provided for in Subsection B of this Section, if a grant recipient fails to perform and fails to return the full forfeited amount required pursuant to this Section, the ownership and use of the broadband infrastructure funded by the GUMBO program shall revert to the division of administration.
D. Notwithstanding the provisions of this Section to the contrary, if a grant recipient fails to complete a project in a material respect, the grant recipient, at the discretion of the office, may be required to reimburse the state the actual cost to finish the project. The actual cost to finish the project shall be determined by the office in consultation with the grant recipient. The office shall not require a grant recipient that it deems has made a good faith effort to complete a project to reimburse the state an amount greater than the remaining GUMBO cost per prospective broadband recipient as set forth in the grant recipient's application.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2022, No. 288, §2; Acts 2023, No. 383, §3A.
The division of administration shall be the designated agency for receipt and disbursement of state and federal funds intended for the state for broadband expansion or allocated by the state for broadband expansion and shall seek available federal grant funds for that purpose. All federal grant funds received for the purpose of broadband expansion shall be disbursed in accordance with this Subpart.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2023, No. 383, §3A.
A. Grant recipients shall submit to the office an annual report for each funded project for the duration of the agreement. The report shall include a summary of the items contained in the grant agreement and shall also include all of the following:
(1) The number of residential and commercial locations that have broadband access as a result of the project.
(2) The percentage of end users in the project area who have access to broadband service and the percentage of those with access who actually subscribe to the broadband service.
(3) The average monthly subscription rate for residential and commercial broadband service in the project area.
(4) Any right-of-way fees or permit fees paid to local government, state government, railroad, private entity or person during the fulfillment of the grant awarded pursuant to this Subpart.
(5) Any delays encountered when obtaining a right-of-way permission.
B. The office shall submit an annual report to the House Committee on Commerce, Senate Committee on Commerce, Consumer Protection, and International Affairs, and the Joint Legislative Committee on Technology and Cybersecurity on or before September thirtieth of each calendar year. The report shall contain all of the following:
(1) The number of grant projects applied for and the number of grant agreements entered into.
(2) A timeline for each grant agreement and the number of households, businesses, agriculture operations, and community anchor points expected to benefit from each agreement.
(3) The amount of matching funds required for each agreement and the total amount of investment.
(4) A summary of areas receiving grants that are now being provided broadband service and the advertised broadband speeds and corresponding costs for those areas.
(5) Any breaches of agreements, grant fund forfeitures, or subsequent reductions or refunds of matching funds.
(6) Any recommendations for the GUMBO program, including better sources and methods for improving outcomes and accountability.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2023, No. 383, §3A.
The office may use up to one percent of the appropriated funds to administer the GUMBO program. The office may use an additional one percent of the appropriated funds to hire third-party contractors as deemed necessary for the further administration of the GUMBO program. The additional one percent shall not be used as compensation for any new or existing positions within the office.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2022, No. 288, §2; Acts 2023, No. 383, §3A.
A. The office shall promulgate rules necessary to carry out the provisions of this Subpart in accordance with the provisions of the Administrative Procedure Act.
B. In administering the program, the office shall not include consideration of any new or additional regulatory obligations beyond those provided in this Subpart and any other applicable law.
C. Grants solicited and awarded pursuant to the GUMBO program shall not be subject to the provisions of the Louisiana Procurement Code, R.S. 39:1551 et seq. or the Public Bid Law, R.S. 38:2181 et seq. The office shall devise and implement alternate procurement methods to identify and award on the basis of best value, soliciting applications and scoring product features, cost, and technical factors in accordance with this Subpart.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2023, No. 383, §3A.
Initial funding of ten percent shall be distributed to a grantee once the grantee has demonstrated that ten percent of the project has been completed. Thereafter, payments shall be distributed as follows: thirty-five percent completion, sixty percent completion, eighty-five percent completion, and the final fifteen percent payment shall not be paid without an approved completion report. Invoice for final payment shall be submitted within ninety days of completion date. All invoices are subject to audit for three years from the completion date.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2023, No. 383, §3A.
Notwithstanding any provision of this Subpart to the contrary, all records related to the GUMBO program shall be public records as provided by the Public Records Law, except for a provider's trade secret and proprietary information, including coverage data, maps, and shapefiles.
Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2022, No. 288, §2; Acts 2023, No. 383, §3A.
A. Beginning August 1, 2024, any GUMBO 1.0 grantee shall report all instances of known damage to existing underground utilities that occur during the construction or installation of broadband infrastructure funded by GUMBO 1.0.
B. Reports shall be submitted to the office in a monthly report once construction has begun.
C. The report shall include all of the following:
(1) The date and location of the incident.
(2) A description of the damage caused.
(3) Steps taken to address the damage.
D. Failure to report such incidents may result in the suspension of GUMBO 1.0 funding.
Acts 2024, No. 632, §1.
Beginning August 1, 2024, broadband providers receiving funding through the GUMBO 1.0 program shall provide a thirty-day advanced written notice prior to the commencement of GUMBO 1.0 construction activities to the relevant parish or municipality. Nothing in this Section relieves the GUMBO 1.0 grantee of its obligations to comply with local regulations and ordinances.
Acts 2024, No. 632, §1.
A. The office may use any unobligated funds from GUMBO 1.0 as of June 3, 2024, for eligible nonbroadband infrastructure project uses defined in the United States Department of the Treasury document titled "Guidance for the Coronavirus Capital Project Fund for States, Territories and Freely Associated States".
B. The office may promulgate necessary rules and scoring criteria for the use of these funds.
Acts 2024, No. 437, §1.
A. There is hereby created a grant program to be known as the "Granting Unserved Municipalities Broadband Opportunities 2.0" program, hereinafter referred to in this Subpart as the "GUMBO 2.0" program. Funding and administration of this program shall be governed in accordance with the Infrastructure Investment and Jobs Act (IIJA), P.L. 117-58, and the Broadband Equity, Access, and Deployment (BEAD) Program Notice of Funding Opportunity (NOFO) issued by the National Telecommunications and Information Administration of United States Department of Commerce (NTIA), including any additional regulations promulgated by or guidance of the assistant secretary may provide.
B. This Subpart shall be known and may be cited as the "GUMBO 2.0 Program Law".
Acts 2023, No. 383, §1.
As used in this Subpart, the following terms have the following meanings:
(1) "Agriculture" means the commercial planting, growing, harvesting, production, storage, processing, marketing, distribution, or export of any agricultural product, including but not limited to farm products, livestock and livestock products, poultry and poultry products, milk and dairy products, fruit and other horticultural products, and seafood and aquacultural products.
(2) "Assistant secretary" means the assistant secretary of the United States Department of Commerce for Communications and Information.
(3) "Broadband data maps" means the maps created in accordance with the provisions of 47 U.S.C. 642.
(4) "Broadband service" means deployed mass-market retail internet access service with a minimum of one hundred megabits per second, or Mbps, download and at least twenty megabits per second upload transmission speeds. This definition has the meaning given by the Federal Communications Commission under rules and guidance that are in effect as of the date of enactment of the Infrastructure Investment and Jobs Act.
(5) "Broadband-serviceable location" means a business or residential location in the United States at which fixed broadband internet access service is, or can be, installed. See IIJA, P.L. 117-58, §60102(a)(2)(h), 135 Stat. 429, 1184 (2021). In the Third Broadband Data Collection Report and Order, the Commission adopted "as fundamental definition of a 'location' for purposes of the broadband-serviceable location fabric: a business or residential location in the United States at which fixed broadband Internet access service is, or can be, installed." See Establishing the Digital Opportunity Data Collection; Modernizing the FCC Form 477 Data Program, WC Docket Nos. 19§195, 11§10, Third Report and Order, 36 FCC Rcd 1126m 1175 para. 126 (2021).
(6) "Community anchor institution" means an entity such as a school, library, health clinic, health center, hospital or other medical provider, public safety entity, institution of higher education, public housing organization, or community support organization that facilitates greater use of broadband service by vulnerable populations, including but not limited to low-income individuals, unemployed individuals, children, the incarcerated, and aged individuals.
(7) "Cooperative" means a corporation organized pursuant to Part I of Chapter 4 of Title 12 of the Louisiana Revised Statutes of 1950 or a corporation that becomes subject to those provisions pursuant to R.S. 12:401 et seq.
(8) "Director" means the executive director of the office of broadband development and connectivity within the division of administration.
(9) "Eligible costs" means costs that are eligible for BEAD program funding as specified by the assistant secretary.
(10) "Eligible grant recipient" means a provider of broadband service, including a provider operated by a local government if the local government is compliant with the Local Government Fair Competition Act, R.S. 45:844.41 et seq., prior to July 1, 2021, with respect to providing such services, a cooperative, or any partnership thereof.
(11) "Eligible location" means an unserved location or underserved location.
(12) "Eligible parish" means any parish with unserved or underserved broadband-serviceable locations.
(13) "Enforceable commitment" means any location that is already subject to a legally enforceable federal, state, or local commitment to deploy broadband.
(14) "Extremely high-cost per location threshold" means a BEAD subsidy cost per location to be utilized during the grantee selection process described in Section IV.B.7 of the BEAD NOFO above which the office may decline to select an application if use of an alternative technology meeting the BEAD program's technical requirements would be less expensive.
(15) "Household" means any individual or group of individuals who are living together at the same address as one economic unit. A household may include related and unrelated persons. An "economic unit" consists of all adult individuals contributing to and sharing in the income and expenses of a household. An adult is any person eighteen years or older. If an adult has no or minimal income and lives with someone who provides financial support to him, both people shall be considered part of the same household. A child under the age of eighteen living with his parent or guardian is considered to be part of the same household as his parent or guardian.
(16) "Infrastructure" means existing facilities, equipment, materials, and structures that an internet service provider has installed either for its core business or public enterprise purposes. Examples include but are not limited to copper wire, coaxial cable, optical cable, loose tube cable, communication huts, conduits, vaults, patch panels, mounting hardware, poles, generators, batteries and cabinets, network nodes, network routers, network switches, microwave relays, microwave receivers, site routers, outdoor cabinets, towers, easements, rights-of-way, and buildings or structures owned by the entity that are made available for location or collocation purposes.
(17) "Local government" means a parish, municipality, or school board.
(18) "Office" means the office of broadband development and connectivity within the division of administration.
(19) "Project" means an undertaking by an eligible grant recipient to construct and deploy infrastructure for the provision of broadband service. A project may constitute a single unserved or underserved broadband-serviceable location or a grouping of broadband-serviceable locations in which not less than eighty percent of broadband-serviceable locations served by the project are unserved locations or underserved locations. If an overall project area crosses from one eligible parish into one or more eligible adjacent parishes, for the purposes of this Subpart, the project shall be determined to be located in the parish where the greatest number of unserved or underserved households are proposed to be served.
(20) "Reliable broadband service" means broadband service that the broadband data maps show are accessible to a location via any of the following:
(a) Fiber-optic technology.
(b) Cable modem or hybrid fiber-coaxial technology.
(c) Terrestrial fixed wireless technology utilizing entirely licensed spectrum or using a hybrid of licensed and unlicensed spectrum.
(21) "Shapefile" means a file format for storing, depicting, and analyzing geospatial data depicting broadband coverage, comprised of several component files.
(22) "Underserved location" means an underserved location as defined in the IIJA and the BEAD NOFO.
(23) "Unserved location" means an unserved location as defined in the IIJA and the BEAD NOFO.
Acts 2023, No. 383, §1.
The office may use up to one percent of the appropriated funds to administer the GUMBO 2.0 program. The office may use an additional one percent of the appropriated funds to hire third-party contractors as determined necessary for the further administration of the GUMBO 2.0 program. The additional one percent shall not be used as compensation for any new or existing positions within the office.
Acts 2023, No. 383, §1.
A. The office shall have the authority and responsibility to promulgate rules that are consistent with requirements promulgated by the assistant secretary pursuant to the IIJA, BEAD program guidelines, state law, and this Subpart.
B. Grants solicited and awarded pursuant to the GUMBO 2.0 program are not subject to the provisions of the Louisiana Procurement Code, R.S. 39:1551 et seq., or the Public Bid Law, R.S. 38:2181 et seq. The office shall devise and implement alternative procurement methods consistent with the requirements defined by the assistant secretary to award grants.
Acts 2023, No. 383, §1.
A. Notwithstanding any provision of this Subpart to the contrary, all records related to the GUMBO 2.0 program are public records as provided by the Public Records Law, R.S. 44:1 et seq., except for a broadband service provider's trade secret and proprietary information, including coverage data, maps, and shapefiles.
B. The office shall treat any information submitted with a broadband availability challenge or grant award protest that is not publicly available as confidential and subject to the trade secrets protections of state law upon a challenging broadband service provider's request for confidential treatment.
Acts 2023, No. 383, §1.
A. A grant recipient is required to provide matching funds in accordance with state law and rules promulgated by the office. A grant recipient shall contribute from its own funds a minimum of twenty-five percent of the total estimated cost of the project, to be validated by the office, unless granted a written waiver by the office.
B.(1) A local government may contribute funding or in-kind contributions for use on an eligible project in accordance with the provisions of this Subpart. The contribution of funding by local government for an eligible project in accordance with the provisions of this Subpart shall not be considered a partnership for providing a covered service in accordance with the Local Government Fair Competition Act, R.S. 45:844.41 et seq.
(2) A local government shall not make or grant any undue or unreasonable preference or advantage to itself or to any provider of broadband service.
(3) A local government shall apply without discrimination as to itself and to any broadband service provider the local government's ordinances, rules, and policies, including those relating to access to public right-of-way, permitting, and any bonding requirements.
Acts 2023, No. 383, §1.
A. The office shall have the authority and responsibility to promulgate rules that are consistent with requirements promulgated by or guidance of the assistant secretary pursuant to the IIJA, BEAD program guidelines, state law, and this Subpart. The office shall carry out the grant process including broadband availability challenges, grant applications, scoring, grant awards, and awards.
B.(1) The state shall use the NTIA BEAD Model Challenge process and shall complete the process before a future grant round is launched.
(2) The office shall permit challenges for planned, privately funded broadband projects where a broadband service provider provides convincing evidence that it is currently building out broadband to locations without government subsidy or is building out broadband offering performance beyond the program requirements.
(3) To minimize duplication of funding, the office may not treat as unserved or underserved any location that is already subject to an enforceable commitment as of the date that the challenge process commences.
(4) The NTIA shall be the final arbiter of availability challenges.
(5) The office shall keep challenge details confidential for evaluation to the extent required consistent with state law and federal requirements and pursuant to this Subpart.
C.(1) A grant round administered by the office shall be open for a period of at least thirty days but not longer than sixty days.
(2) The office shall identify eligible locations for grant funding based on the most recent broadband data map, updated according to the outcomes of the challenge process and as approved by the assistant secretary. Any broadband-serviceable locations within the applicant-defined project area that are not included on the version of the broadband data map used for identifying eligible locations prior to the opening of the grant round added to the broadband data map after the submission of an application but before the completion of the project shall also be served by the grant award winner subject to the requirements of Subsection F of this Section.
(3) The office shall release eligible locations at least thirty days prior to the start of a grant round.
(4) Application information used for scoring purposes shall be made publicly available, subject to the confidentiality protections provided in this Subpart, by posting on the website of the office or the website of the division of administration for a period of at least seven days prior to the grant award.
(5) A grant applicant may define proposed project areas in the application for grant funding, which shall include eligible locations identified by the office. However, the office shall award grants to eligible grant recipients according to the priorities established in federal law, including any additional regulations promulgated by or guidance of the assistant secretary, as provided for in R.S. 51:2370.21(A).
(6)(a) A local governing authority of an eligible parish may submit in writing to the office, up to seven days after the grant applications are made public, an objection to a grant application to deploy broadband services in the local governing authority's parish if the broadband service provider has received a letter grade rating of "D" or "F" from the Better Business Bureau.
(b) At the request of the local governing authority of an eligible parish that submits an objection in accordance with this Paragraph, a broadband service provider shall be ineligible to be awarded grant funds to deploy broadband services in that eligible parish.
(7)(a) If, after soliciting applications, the office has received no applications to serve one or more eligible locations, the office may engage with eligible grant recipients to serve eligible locations. The office may offer inducements as set forth in Section III.B of the BEAD NOFO or benefits during the grant selection process, such as points or credits. The office shall ensure that its approach is as transparent as possible.
(b) The outreach authorized by this Paragraph is permitted only after the office has solicited proposals and failed to obtain one or more applications to serve the location or locations at issue.
D. The office shall have the authority and responsibility to promulgate application minimum requirements, scoring rules, and grant awards that are consistent with requirements promulgated by the assistant secretary pursuant to the IIJA, including any additional requirements or guidance provided for after enactment of this Act, BEAD program guidelines, state law, and this Subpart.
E. For subsequently identified broadband-serviceable locations in a grantee's funded project area, the timeline and additional funding to deploy shall be determined in a supplemental grant agreement between the office and the grantee.
F.(1) Upon a grant award announcement, any eligible grant recipient or local governing body may protest a grant award during a fourteen-business-day protest period on a basis that would result in an award change, other than a served versus unserved basis, such as a scoring error. Any eligible grant recipient or local governing body submitting a protest shall attest that the information in the protest is accurate and that the protest is submitted in good faith. The office may deny any protest that contains inaccurate information.
(2) The director or his designee may, prior to the commencement of an action in court concerning a protest arising pursuant to this Subpart, settle and resolve the protest.
Acts 2023, No. 383, §1.
A. If the protest of a grant award is not resolved by mutual agreement, the director or his designee shall, within fourteen business days, issue a decision in writing. The decision shall do all of the following:
(1) State the reasons for the action taken.
(2) Inform all parties to the protest of their right to administrative and judicial review as provided in this Subpart.
B. A copy of the decision required by Subsection A of this Section shall be furnished immediately to all parties to the protest.
C. A decision required by Subsection A of this Section shall be final and conclusive unless one of the following applies:
(1) The decision is fraudulent.
(2) A party to the protest has timely appealed to the commissioner of administration in accordance with Subsection D of this Section.
D. If a party to the protest files an appeal with the commissioner of administration, it shall be filed within fourteen business days of receipt of a decision issued pursuant to Subsection A of this Section. The commissioner of administration may review and determine any appeal by a party to the protest from a determination by the director or his designee.
E. On any appeal filed pursuant to Subsection D of this Section, the commissioner of administration shall decide within fourteen business days whether the decision concerning a grant application was in accordance with this state's constitution, statutes, and regulations; the terms and conditions of the application; and any requirements of federal laws or regulations. Any prior determinations by the director or his designee shall not be final or conclusive.
F. A copy of the decision issued pursuant to Subsection E of this Section shall be mailed or otherwise furnished immediately to all parties to the protest.
G. A decision issued pursuant to Subsection E of this Section shall be final and conclusive unless one of the following applies:
(1) The decision is fraudulent.
(2) A party to the protest has appealed to the court as provided for in Subsection H of this Section.
H. A party to the protest may file an appeal in the Nineteenth Judicial District Court within seven business days of receipt of a decision issued pursuant to Subsection E of this Section. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and a party to the protest to determine whether an award of a grant is in accordance with this state's constitution, statutes, and regulations. These actions shall extend to all kinds of actions, whether for monetary damages or for declaratory, injunctive, or other equitable relief.
I. A party to the protest by a final judgment or interlocutory order or ruling of the Nineteenth Judicial District Court may appeal or seek review thereof, as the case may be, to the Louisiana Court of Appeal, First Circuit or the Supreme Court of Louisiana, as otherwise permitted in civil cases by law and the constitution of this state. If a court has found in a final judgment that an applicant or a party to the protest has incorrectly designated a location as served or unserved, the office may assess a civil penalty of up to one thousand dollars per incorrectly designated location identified in the GUMBO 2.0 award process and disputed in litigation.
Acts 2023, No. 383, §1.
The office will conduct an implementation meeting with a grant recipient within thirty days of execution of a grant agreement and will make reporting templates and instructions available at or shortly after the implementation meeting. The office shall require that a grant recipient offer the proposed advertised minimum download and minimum upload speeds of one hundred Mbps download and twenty Mbps upload. A grant recipient that has offered broadband service to at least one thousand consumers for a period of at least five consecutive years shall offer broadband service at prices consistent with offers to consumers in other areas of the state. Any other broadband service provider shall ensure that the broadband service is priced to consumers at no more than the cost rate identified in the project application for the duration of the five-year service agreement. In calculating cost, the grant recipient may adjust annually consistent with the annual percentage increase in the Consumer Price Index in the preceding year. At least annually, a grant recipient shall provide to the office evidence consistent with the Federal Communications Commission attestation that the grant recipient is making available the proposed advertised speed, or a faster speed, as contained in the grant agreement.
Acts 2023, No. 383, §1.
A. A grantee shall submit to the office an annual report for each funded project for the duration of a grant agreement. The report shall include a summary of the items contained in the grant agreement and shall also include all of the following:
(1) The number of residential and commercial locations that have broadband access as a result of the project.
(2) The percentage of end users in the project area who have access to broadband service and the percentage of end users with access who actually subscribe to the broadband service.
(3) The average number of subscriptions for residential and commercial broadband service in the project area.
(4) Any right-of-way fees, permit fees, or franchise fees paid to a local government, state government, railroad, private entity, or person during the fulfillment of the grant awarded pursuant to this Subpart.
(5) Any delays encountered when obtaining a right-of-way permission.
B. An entity receiving federal funds for broadband infrastructure development shall submit to the office a quarterly report for each funded project located in this state for the duration of the project. The report shall include, at a minimum, criteria including but not limited to miles constructed, broadband-serviceable locations with access to broadband service, and funds expended. If an entity does not submit quarterly reports for each funded project in this state for two consecutive quarters, the office may, at its discretion, consider locations within the awarded area unserved.
C. A grantee shall submit to the office a monthly report for each funded project for the duration of the grant agreement. The report shall include, at a minimum, criteria as defined in the grant agreement, including but not limited to miles constructed, broadband-serviceable locations with access to broadband service, and funds expended.
D. On or before September thirtieth of each calendar year, the office shall submit a report to the House Committee on Commerce, the Senate Committee on Commerce, Consumer Protection and International Affairs, and the Joint Legislative Committee on Technology and Cybersecurity. The report shall contain all of the following:
(1) The number of grant applications and the number of executed grant agreements.
(2) A timeline for each grant agreement and the number of households, businesses, agriculture operations, and community anchor institutions expected to benefit from each grant project.
(3) The amount of matching funds committed to each grant project and the total amount of project costs.
(4) A summary of locations by parish that will have, or currently have, access to broadband service through the GUMBO 2.0 program, including the average GUMBO 2.0 grant award per location and advertised broadband speeds and price of services.
(5) Number of unserved and underserved locations that will have, or currently have, access to broadband service through the GUMBO 2.0 program, and the number of unserved and underserved locations that have not yet received grant funding.
(6) Any breaches of grant agreements, grant fund forfeitures, or subsequent reductions or refunds of grant funds.
(7) Any recommendations for the GUMBO 2.0 program, including better sources and methods for improving outcomes and accountability.
Acts 2023, No. 383, §1.
The division of administration shall be the designated agency for receipt and disbursement of state and federal funds received to implement the BEAD program. All federal grant funds received for this purpose shall be disbursed in accordance with R.S. 51:2370.21(A).
Acts 2023, No. 383, §1.
A. GUMBO 2.0 awards shall be made on a fixed-amount subaward basis, consistent with NTIA's Tailoring the Application of the Uniform Guidance Policy Notice, and an initial ten percent disbursement shall be made available immediately upon entering into a subgrantee agreement.
B. Except as provided in Subsection C of this Section, the next ten percent of the subgrant award shall be provided based on provider certification and the office's verification that ten percent of the eligible locations have been reached. The remaining disbursements shall be given at the thresholds of completion of thirty-five percent, sixty percent, eighty-five percent, and one hundred percent. The final disbursement for one hundred percent completion shall be given only after verification of one hundred percent deployment to eligible locations, within the mandatory forty-eight-month maximum deadline, which may be extended up to a year by the office or another shorter timeline certified by the applicant. The office shall disburse funds only for completed deployments that comply with the terms included in the successful application and shall withhold funds for failure to do so.
C. Notwithstanding any other provision of law to the contrary, the office may disburse on any basis that may be necessary to effectuate option 2.4, Subgrantee Option for Alternative Initial LOC or Performance Bond Percentage made available in the BEAD Letter of Credit Waiver issued by NTIA on November 1, 2023, and the office may give full effect to that option as a means of enabling a subgrantee to satisfy the GUMBO 2.0 letter of credit requirement.
Acts 2023, No. 383, §1; Acts 2024, No. 632, §1.
A. A grant recipient forfeits the amount of a grant received if the grant recipient fails to perform, in material respect, the obligations established in law or in the grant agreement. A grant agreement shall last, at a minimum, for the duration of broadband project construction and, or longer, in accordance with the grant agreement, but not to exceed five years after construction completion. A grant recipient that fails to provide the minimum advertised connection speed and cost at the advertised rate shall forfeit any grant funds, up to the entire amount received through the GUMBO 2.0 program. The office shall use its discretion to determine the amount forfeited. A grant recipient that forfeits amounts disbursed in accordance with this Subpart is liable for up to the amount disbursed plus interest. The number of subscribers that subscribe to broadband services offered by the broadband service provider in the project area shall not be a measure of performance under the grant agreement for the purposes of this Subsection.
B. A grant recipient is not required to forfeit the amount of a grant received if the grant recipient fails to perform due to a natural disaster, an act of God, a force majeure, a catastrophe, a pandemic, the failure to obtain access to private or public property or any government permits under reasonable terms, or such other occurrence over which the grant recipient has no control.
C. Except as provided for in Subsection B of this Section, if a grant recipient fails to perform and fails to return the full forfeited amount required pursuant to this Section, the ownership and use of the broadband infrastructure funded by the GUMBO 2.0 program shall revert to the division of administration.
D. Notwithstanding the provisions of this Section to the contrary, if a grant recipient fails to complete a project in a material respect, the grant recipient, at the discretion of the office, may be required to reimburse the state the actual cost to finish the project. The actual cost to finish the project shall be determined by the office in consultation with the grant recipient. The office shall not require a grant recipient that it determines has made a good faith effort to complete a project to reimburse the state an amount greater than the remaining GUMBO 2.0 cost per broadband-serviceable location as set forth in the grant recipient's application.
E.(1) Any GUMBO 2.0 subgrantee also subject to deployment obligations elsewhere in this state, including from programs such as the Rural Digital Opportunity Fund, the Enhanced Alternative Connect America Model, the Rural Development Broadband ReConnect Program, or any other similar program included in the BEAD deduplication process, shall make an enforceable commitment as part of its GUMBO 2.0 subgrant agreement not to default or otherwise fail to fulfill any such deployment obligation in this state. The penalty for breach of this commitment shall be, as reimbursement for funding that could have been awarded but for other federal program funding, payment to the state in the amount equal to the total investment cost of all defaulted locations, as measured by the Eligible Entity tool provided to the state by NTIA.
(2)(a) For the purposes of Paragraph (1) of this Subsection, the office shall determine if a broadband provider has defaulted or otherwise failed to fulfill a deployment obligation.
(b) The office shall not approve any default that covers more than five percent of the unserved or underserved locations subject to the deployment obligation.
Acts 2023, No. 383, §1; Acts 2024, No. 632, §1.
A. Any GUMBO 2.0 grantee shall report all instances of known damage to existing underground utilities that occur during the construction or installation of broadband infrastructure funded by GUMBO 2.0.
B. Reports shall be submitted to the office in a monthly report once construction has begun.
C. The report shall include all of the following:
(1) The date and location of the incident.
(2) A description of the damage caused.
(3) Steps taken to address the damage.
D. Failure to report such incidents may result in the suspension of GUMBO 2.0 funding.
Acts 2024, No. 632, §1.
A. Broadband providers receiving funding through the GUMBO 2.0 program shall provide a thirty-day advanced written notice prior to the commencement of GUMBO 2.0 construction activities to the relevant parish or municipality. Nothing in this Section relieves the GUMBO 2.0 grantee of its obligations to comply with local regulations and ordinances.
B. The relevant local governmental subdivision may do either of the following:
(1) Require a one-time GUMBO 2.0 grant assessment for construction and installation of GUMBO 2.0 grant-funded broadband facilities and may charge a corresponding one-time GUMBO 2.0 grant assessment fee not to exceed one thousand dollars.
(2) Require a permit for construction and installation of GUMBO 2.0 grant-funded broadband facilities and may charge a corresponding one-time permit fee not to exceed one thousand dollars.
C. The office shall not award GUMBO 2.0 funding to an eligible applicant's project covering any areas in which the city or parish with authority over the public right of way imposes any form of franchise fee on broadband services or which violates Subsection B of this Section.
Acts 2024, No. 632, §1.
In the event that there are remaining GUMBO 2.0 funds after the obligation of infrastructure funds, the office shall run a grant program, nondeployment, that will allow eligible parties including but not limited to state agencies, nonprofits, for-profits, academic institutions, and planning commissions to utilize these funds to help address challenges in economic development, workforce development, health care, cybersecurity, agriculture, and other sectors and industries of importance to the state of Louisiana, as determined by approval of Volume 2 of Initial Proposal from the office and the Infrastructure Investment and Jobs Act, or IIJA, the Broadband Equity, Access, and Deployment, or BEAD, Program, and the Notice of Funding Opportunity, or NOFO, with an obligation deadline of these funds to be completed no later than December 12, 2024. This program will be designated as "Granting Unserved Municipalities Broadband Opportunities 3.0", and the office shall have the authority to create appropriate rules and scoring criteria.
Acts 2024, No. 632, §1.
The office shall have the authority to develop the rules, scoring criteria, and eligibility in the execution of the State's First Digital Opportunity Plan, pending approval from the National Telecommunications and Information Administration, a Sub-Agency of the United States Department of Commerce. Eligible parties shall include but not be limited to state agencies, nonprofits, for-profits, academic institutions, and planning commissions. This program will be designated as "Granting Unserved Municipalities Broadband Opportunities 4.0".
Acts 2024, No. 632, §1.
Repealed by Acts 1992, No. 1136, §2, eff. Jan. 1, 1994.
Repealed by Acts 1992, No. 1136, §2, eff. Jan. 1, 1994.
The effectuation of the authorized purposes of the corporation shall and will be in all respects for the benefit of the people of the state of Louisiana, for the alleviation of their economic and social distress, and for the improvement of their welfare; and since the corporation will, as a government instrumentality of the state, be performing essential governmental functions in effectuating such purposes, the funds, bonds or other evidences of indebtedness issued by the corporation, their transfer and the income therefrom, including any profits made on the sale thereof shall at all times be free from taxation within the state of Louisiana.
Acts 1988, No. 888, §1, eff. July 21, 1988.
The corporation shall maintain a loan loss reserve fund.
Acts 1992, No. 1092, §1.
A.(1) There is hereby created a body politic to be known as the Louisiana Small Business and Entrepreneurship Council, hereinafter referred to in this Chapter as the "council". The council is hereby constituted a public authority and the exercise by the council of the powers conferred by this Chapter shall be deemed to be performance of an essential public function. The board of directors of the council shall be composed of sixteen members. The board shall consist of the secretary of Louisiana Economic Development or a designee and fifteen members who are appointed by the governor, subject to Senate confirmation, none of whom shall be a public official except for the secretary of Louisiana Economic Development or a designee and the secretary of state or a designee.
(2) The Louisiana Small Business and Entrepreneurship Council will identify issues pertinent to the operations of small businesses and advise the department and the governor on issues affecting the competitiveness of small businesses in Louisiana. The council will advise the department on strategies to cultivate small business competitiveness and strengthen entrepreneurship throughout the state. The council in conjunction with the department will ensure coordination of small business support between federal, state, and local agencies so as to decrease duplicative regulations, rules, and requirements. The council will advise the department and the governor on policies and programs that make small businesses more competitive.
(3) The members of the board of directors shall consist of all of the following:
(a) The secretary of Louisiana Economic Development or a designee.
(b) The Louisiana secretary of state or a designee.
(c) One representative submitted by the Louisiana Alliance for Economic Inclusion or its successor organization.
(d) One representative submitted by the Louisiana Small Business Development Center.
(e) One representative submitted by the Louisiana Business Incubation Association.
(f) One representative submitted by the Louisiana Bankers Association.
(g) One member representing the Louisiana venture capital industry or the Louisiana angel investor community.
(h) One member who is appointed from a list of three private sector individuals submitted by the National Federation of Independent Business.
(i) One member who is appointed from a list of three private sector individuals submitted by the Louisiana Association of Business and Industry.
(j) One minority small business owner who is appointed by the governor from a list of three private sector individuals submitted by Louisiana-based organizations representing minority business interests.
(k) One female small business owner who is appointed by the governor from a list of three private sector individuals submitted by Louisiana-based organizations representing women's business interests.
(l) Five at-large members representing small business interests appointed by the governor.
B. The secretary of Louisiana Economic Development or a designee shall serve a term coterminous with his term in office. The remaining members shall serve four-year terms, except that of the initial appointments, three shall be for two-year terms, three shall be for three-year terms, and two shall be for four-year terms. Vacancies shall be filled in the manner of original appointment.
C. The domicile of the council is Baton Rouge, Louisiana.
D. The council is governed and its powers exercised by the members of the council. The secretary of Louisiana Economic Development shall serve as president of the council, and the secretary or his designee shall be a member of the board of directors.
E. A majority of the appointed members of the board, including the secretary, shall constitute a quorum.
F. Members of the board shall serve without compensation, but each member is entitled to reimbursement of actual and necessary expenses incurred in the performance of official duties in accordance with state travel regulations.
G. The board shall annually elect a chairman and such other officers as may be deemed necessary.
Acts 2018, No. 327, §1.
The duties and objectives of the members of the council shall include but are not limited to the following:
(1) Continual research and development of recommendations with regard to regulatory and licensing issues.
(2) Continual research and development of recommendations with regard to access to capital strategies which directly impact the rate of entrepreneurship and small business growth.
(3) Development of a report on the state of small business in Louisiana and a report on the department's small business programs, including but not limited to the following:
(a) The number of small businesses operating in Louisiana and a geographic breakdown of the number of small businesses by economic development region.
(b) Demographic information on small business ownership in Louisiana.
(c) A full accounting of the small business resources available in Louisiana in the categories of technical assistance, networking, access to capital, incentives, and state government procurement opportunities.
(d) A catalog of all services provided by the department and its small business services partners, and for each program the number of businesses served, relevant performance metrics, and recommendations for improvement, if any.
(e) The report shall be developed annually and shall be provided to the legislature at least sixty days prior to the start of the regular legislative session.
Acts 2018, No. 327, §1.
The provisions of this Chapter shall terminate on June 30, 2023, and thereafter shall be null, void, and without effect.
Acts 2018, No. 327, §1; Acts 2020, No. 21, §1, eff. June 4, 2020.
NOTE: This Section is updated through the 2020 First Extraordinary Session, but is subject to final technical revisions by the Louisiana State Law Institute.
Repealed by Acts 2009, No. 438, §11(B).
Repealed by Acts 2009, No. 438, §11(B).
Repealed by Acts 2009, No. 438, §11(B).
Repealed by Acts 2009, No. 438, §11(B).
Repealed by Acts 2009, No. 438, §11(B).
Repealed by Acts 2009, No. 438, §11(B).
Repealed by Acts 1992, No. 1136, §2, eff. Jan. 1, 1994.
Repealed by Acts 1992, No. 1136, §2, eff. Jan. 1, 1994.
This Chapter shall be known and may be cited as the "Louisiana Business and Industrial Development Company Act" or the "Louisiana BIDCO Act".
Acts 1991, No. 506, §1; Acts 1996, 1st Ex. Sess., No. 30, §3, eff. May 7, 1996; Acts 2004, No. 806, §1.
The purposes of this Chapter are to:
(1) Promote economic development by encouraging the formation of business and industrial development companies, a new type of private institution, to help grow the financial services industry in Louisiana, create high-paying job opportunities in this sector and meet the financing assistance and management assistance needs of business firms in this state and elsewhere.
(2) Provide for a system of licensing, regulation, and enforcement that will enable business and industrial development companies to satisfy eligibility requirements to participate, if they so choose, in the program of the Small Business Administration pursuant to Part 7(a) of the Small Business Act, Public Law 85-536, 15 U.S.C. 636(a), and other programs for which they may be eligible.
(3) Provide for a system of licensing, regulation, and enforcement designed to prevent fraud, conflict of interest, and mismanagement, and to promote competent management, accurate recordkeeping, and appropriate communication with shareholders or members, in order to provide the following:
(a) Comfort to prospective shareholders or members so as to facilitate equity investments in business and industrial development companies.
(b) Comfort to prospective debt sources so as to facilitate the borrowing of money by business and industrial development companies.
(4) Safeguard the general reputation of business and industrial development companies as a type of nondepository financial institution in order to increase the confidence of prospective equity investors in and prospective debt sources for those institutions.
Acts 1991, No. 506, §1; Acts 2004, No. 806, §1.
The following words and phrases as used in this Chapter shall have the following meanings unless a different meaning clearly appears from the context:
(1) "Affiliate", when used with respect to a specified person, means any person, other than a natural person, controlling, controlled by or under common control with, such specified person, directly or indirectly through one or more intermediaries.
(2) "BIDCO" means a business and industrial development company licensed under this Chapter.
(3) "Business firm" means a person who transacts business on a regular and continual basis, or a person that proposes to transact business on a regular and continual basis.
(4) "Cash equivalent" shall include cash, time certificates of deposit, or readily marketable securities issued by an agency of the United States government or the state of Louisiana or any of its political subdivisions.
(5) "Commissioner" means the commissioner of the Office of Financial Institutions within the office of the governor.
(6) "Control" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a licensee or a small concern whether through the ownership of voting securities, by contract, or otherwise. A person who, directly or indirectly, owns of record or beneficially holds with power to vote, or holds proxies with discretionary authority to vote, twenty percent or more of the then outstanding voting securities issued by an entity shall be rebuttably presumed to control that entity.
(7) "Controlling person" when used with respect to a specified person means a person who controls that specified person directly or indirectly through one or more intermediaries.
(8) "Corporate name" means the name of a corporation or limited liability company as set forth in the articles of incorporation of a corporation or the articles of organization of a limited liability company.
(9) "Financing assistance" means to lend money or otherwise extend credit to a person or to purchase securities issued by a person, either directly or indirectly through an underwriter.
(10) "Incorporating statute" means the Louisiana Business Corporation Law, R.S. 12:1 et seq., the Louisiana Limited Liability Company Law, R.S. 12:1301 et seq., or any other provision of law under which a licensee is incorporated or organized.
(11) "Insolvent" means a licensee that ceases to pay its debts in the ordinary course of business, that cannot pay its debts as they become due, or whose aggregate liabilities exceed its aggregate assets.
(12) "Interests of the licensee" includes the interests of shareholders or members of the licensee.
(13) "License" means a license issued under this Chapter authorizing a Louisiana corporation or a Louisiana limited liability company to transact business as a BIDCO.
(14) "Licensee" means a Louisiana corporation or Louisiana limited liability company which is licensed under this Chapter.
(15) "Louisiana corporation" means a corporation incorporated under the Louisiana Business Corporation Law, R.S. 12:1 et seq.
(16) "Louisiana limited liability company" means a limited liability company organized under the Louisiana Limited Liability Company Law, R.S. 12:1301 et seq.
(17) "Louisiana nonprofit corporation" means a corporation incorporated under the Nonprofit Corporation Law, R.S. 12:201 et seq.
(18) "Management assistance" means management or technical advice or services provided to a person.
(19) "Officer" means:
(a) If used with respect to a corporation, a person appointed or designated as an officer of that corporation by or pursuant to applicable law or the articles of incorporation, or bylaws of that corporation.
(b) If used with respect to a specified person other than a natural person or a corporation, a person who performs with respect to that specified person functions usually performed by an officer of a corporation with respect to that corporation, including but not limited to a manager or managing member of a limited liability company.
(20) "Order" means an approval, consent, authorization, cease and desist, exemption, denial, prohibition, or requirement applicable to a specific case issued by the commissioner under this Chapter. "Order" includes a condition of a license and an agreement made by a person with the commissioner under this Chapter.
(21) "Person" means a natural person or legal entity. If used with respect to acquiring control of or controlling a specified person, "person" includes a combination of two or more persons acting in concert.
(22) "Principal shareholder or member" means a person that owns, directly or indirectly, of record or beneficially, securities representing ten percent or more of the outstanding voting securities of a corporation or limited liability company.
(23) "Subject person" means a controlling person, subsidiary, or affiliate of a licensee; a director, manager, officer, or employee of a licensee or of a controlling person, subsidiary, or affiliate of a licensee, or any other person who participates in the conduct of the business of a licensee.
(24) "Subsidiary" means, if used with respect to a licensee, a company or business firm of which the licensee holds control.
(25) "This Chapter" includes an order issued or rule promulgated under this Chapter.
Acts 1991, No. 506, §1; Acts 2001, No. 8, §17, eff. July 1, 2001; Acts 2001, No. 9, §9, eff. July 1, 2001; Acts 2004, No. 806, §1.
A.(1) The commissioner shall administer this Chapter. The commissioner may issue orders and promulgate rules and regulations that, in the opinion of the commissioner, are necessary to execute, enforce, and effectuate the purposes of this Chapter. Any rules and regulations promulgated shall be promulgated in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
(2) Whenever the commissioner issues an order or license under this Chapter, the commissioner may impose conditions that are necessary, in the opinion of the commissioner, to carry out the provisions of this Chapter and its purposes.
(3) The commissioner may honor applications from interested persons for declaratory rulings regarding any provision of this Chapter.
(4) Every final order, decision, license, or other official act of the commissioner under this Chapter is subject to judicial review in accordance with law.
B. An application filed with the commissioner under this Chapter shall be in such form and contain such information as the commissioner may require by regulation.
C.(1) The commissioner may make public or private investigations within or outside this state that the commissioner considers necessary to determine whether to approve an application filed with the commissioner under this Chapter, to determine whether a person has violated or is about to violate this Chapter, to aid in the enforcement of this Chapter, or to aid in issuing an order or promulgating a rule under this Chapter.
(2) For purposes of an investigation, examination, or other proceeding under this Chapter, the commissioner may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of books, papers, correspondence, memoranda, agreements, or other documents or records which the commissioner considers relevant or material to the proceeding.
(3) If a person fails to comply with a subpoena issued by the commissioner or to testify with respect to a matter concerning which the person may lawfully be questioned, the district court for the parish of East Baton Rouge, on application of the commissioner, may issue an order requiring the attendance of the person and the giving of testimony or production of evidence.
D. Service of process authorized to be made by the commissioner in connection with a noncriminal proceeding under this Chapter may be made by registered or certified mail.
E.(1) A fee shall be paid to, and collected by, the commissioner, as follows:
(a) The fee for filing an application for a license is five thousand dollars.
(b) The fee for filing an application for approval to acquire control of a licensee is five thousand dollars.
(c) The fee for filing an application for approval for a licensee to merge with another corporation or limited liability company, an application for approval for a licensee to purchase all or substantially all of the business of another person, or an application for approval for a licensee to sell all or substantially all of its business or of the business of any of its officers to another licensee is five thousand dollars. If two or more applications relating to the same merger, purchase, or sale are filed, the fee for filing each application shall be the quotient determined by dividing five thousand dollars by the number of the applications.
(d) Whenever the commissioner examines a licensee or a subsidiary of a licensee, within ten days after receiving a statement from the commissioner, the licensee shall pay a fee established by the commissioner based on the number of examiner hours used for the examination, plus travel expenses. Examiner time shall be billed at a rate not less than fifty dollars per hour or five hundred dollars, whichever is greater.
(2) A fee for filing an application with the commissioner is nonrefundable and shall be paid at the time the application is filed with the commissioner.
F.(1) A licensee shall make and keep books, accounts, and other records in such a form and manner as the commissioner may require. These records shall be kept in Louisiana at such a place and shall be preserved for such a length of time as the commissioner may specify.
(2) The commissioner may require by order that a licensee write down any asset on its books and records to a valuation which represents its present value.
(3) Not more than one hundred twenty days after the close of each calendar year, or longer period if specified by the commissioner, a licensee shall file with the commissioner an audit report containing all of the following:
(a) Financial statement, including balance sheet, statement of income or loss, statement of changes in capital accounts, and statement of changes in financial position or, for a licensee that is a Louisiana nonprofit corporation, comparable financial statements for, or as of the end of, the calendar year, prepared with an audit by an independent certified public accountant in accordance with generally accepted accounting principles.
(b) Other reasonable information that the commissioner may require.
G.(1) If a person other than a licensee makes or keeps the books, accounts, or other records of that licensee, this Chapter applies to that person with respect to the performance of those services and with respect to those books, accounts, and other records to the same extent as if that person were the licensee.
(2) If a person other than an affiliate or subsidiary of a licensee makes or keeps any of the books, accounts, or other records of that affiliate or subsidiary, this Chapter applies to that person with respect to those books, accounts, and other records to the same extent as if that person were the affiliate or subsidiary.
(3) If the commissioner considers it expedient, the commissioner may require any particular licensee to obtain the approval of the commissioner before permitting another person to make or keep any of the books, accounts, or other records of the licensee.
(4) All of the books, accounts, or other records of the licensee shall be made available to the commissioner upon request and shall be maintained at the principal corporate offices of the licensee at all times.
(5) All of the records and reports provided to the office of financial institutions shall be kept strictly confidential within the office. All such records and reports shall not be subject to subpoena or other legal process, except as set forth in R.S. 9:3518.1. The provisions of R.S. 9:3518.1 shall also apply to any request by a third party for any record in the custody or control of the office of financial institutions relating to the supervision and regulation of any entity licensed by the office of financial institutions pursuant to this Chapter.
H. If the licensee elects to provide financing assistance outside of this state, then beginning October 1, 2004, and each quarter thereafter, the licensee shall report to the commissioner a listing of all financing assistance provided to business firms that the licensee made during the previous calendar quarter. Such report shall segregate all investments made outside of this state and include but not be limited to the following:
(1) The legal name and address of the company receiving the investment.
(2) A brief description of the nature of the business.
(3) The NAICS code for the investment.
(4) The date and amount of the investment.
(5) The percent guaranteed, the guaranteed amount, and from whom the guarantee was received.
(6) Whether the investment was a participation purchased or sold, and whom it was purchased from or sold to.
Acts 1991, No. 506, §1; Acts 1997, No. 366, §5; Acts 2004, No. 806, §1.
A. Advisory opinions and interpretations of the office shall not be considered rules requiring compliance with the rulemaking process under the Louisiana Administrative Procedure Act.
B. This Section shall only have prospective application.
Acts 1997, No. 58, §4.
Each licensee, each affiliate of a licensee, and each subsidiary of a licensee shall file with the commissioner such reports as and when the commissioner may reasonably require. A report under this Section shall be in such form and shall contain such information as the commissioner may reasonably require.
Acts 1991, No. 506, §1.
A. The commissioner shall provide to the House Commerce Committee and Senate Commerce, Consumer Protection, and International Affairs Committee upon their request information on the impact of this Chapter in promoting economic development in this state. At the minimum, the information shall include aggregate statistics on each of the following:
(1) The number and dollar amount of provisions of financing assistance made by licensees to business firms in Louisiana.
(2) The number and dollar amount of provisions of financing assistance made by licensees to business firms in Louisiana classified in broad categories of industry, such as divisions of the standard industrial classification manual.
(3) The number and dollar amount of provisions of financing assistance made by licensees to minority-owned business firms and to women-owned business firms in Louisiana.
(4) Estimates of the number of jobs created or retained in Louisiana.
(5) The total number of employees and total payroll for Louisiana employees of BIDCOs.
B.(1) The commissioner shall examine each licensee not less than once each calendar year.
(2) The commissioner may at any time examine a licensee or subsidiary of a licensee.
(3) A director, officer, manager, or employee of a licensee or of a subsidiary of a licensee being examined by the commissioner, or a person having custody of any of the books, accounts, or records of the licensee or of the subsidiary, shall exhibit to the commissioner, on request, any of the books, accounts, and other records of the licensee or of the subsidiary and shall otherwise facilitate the examination so far as it is in their power to do so.
Acts 1991, No. 506, §1; Acts 2003, No. 183, §8; Acts 2004, No. 806, §1.
A. A Louisiana corporation or Louisiana limited liability company may apply to the commissioner for licensure as a BIDCO. A person other than a Louisiana corporation or Louisiana limited liability company shall not apply for a license.
B.(1) After a review of information regarding the directors, officers, managers, and controlling persons of the applicant, a review of the applicant's business plan, including at least three years of detailed financial projections and other relevant information, and a review of additional information considered relevant by the commissioner, the commissioner may approve an application for a license if, and only if, the commissioner determines all of the following:
(a) The applicant has a net worth, or firm financing commitments from private sources which demonstrate that the applicant will have a net worth when the applicant begins transacting business as a BIDCO, in liquid form available to provide financing assistance, that is adequate for the applicant to transact business as a BIDCO as determined under Paragraph (2) of this Subsection.
(b) Each director, officer, manager, and controlling person of the applicant is of good character and sound financial standing, each director or manager of the applicant is competent to perform his or her functions with respect to the applicant, and the directors, managers, and officers of the applicant are collectively adequate to manage the business of the applicant as a BIDCO.
(c) It is reasonable to believe that the applicant, if licensed, will comply with the provisions of this Chapter.
(d) The applicant has reasonable promise of being a viable, ongoing BIDCO and of satisfying the basic objectives of its business plan.
(e) The applicant's headquarters are in Louisiana and the applicant agrees to maintain its headquarters in Louisiana and conduct substantially all of its accounting, payment, underwriting, and other back-office operations in one or more offices located in this state if the licensee intends to provide financing assistance outside of this state.
(2) In determining if the applicant has net worth or firm financing commitments adequate to transact business as a BIDCO, the commissioner shall consider the types and variety of financing assistance that the applicant plans to provide, the experience that the directors, officers, managers, and controlling persons of the applicant have in providing financing and managerial assistance to business firms, the financial projections and other relevant information from the applicant's business plan, and whether the applicant intends to operate as a profit or nonprofit corporation or a limited liability company. Except as otherwise provided in this Chapter, the commissioner shall require a minimum net worth of not less than one million dollars in cash or cash equivalents. The commissioner may allow less than one million dollars in minimum net worth, but in no case less than two hundred fifty thousand dollars, if in the context of the applicant's business plan, the initial capitalization amount is adequate for the applicant to transact business as a BIDCO because of special circumstances including but not limited to funded overhead, low overhead, or specialized opportunities.
(3) For the purposes of Paragraph (1) of this Subsection, the commissioner may disapprove an application upon the finding of any of the following:
(a) That a director, officer, manager, or controlling person of an applicant is not of good character if the director, officer, manager, or controlling person, or a director, manager, or officer of a controlling person, has been convicted of or has pleaded nolo contendere to a crime involving fraud or dishonesty.
(b) That it is not reasonable to believe that an applicant, if licensed, will comply with the provisions of this Chapter, if the applicant has been convicted of or has pleaded nolo contendere to a crime involving fraud or dishonesty.
(4) For purposes of Paragraph (1) of this Subsection, Paragraph (3) of this Subsection shall not be considered to be the only grounds upon which the commissioner may find that a director, manager, officer, or controlling person of an applicant is not of good character or that it is not reasonable to believe that an applicant, if licensed, will comply with the provisions of this Chapter.
C.(1) A person may apply to the commissioner for preliminary approval of an application for a license. Notwithstanding that commitments to invest in the equity of the applicant have not been obtained and that all directors, managers, and officers of the applicant have not been identified, the commissioner may grant preliminary approval. In issuing an order granting preliminary approval, the commissioner shall indicate that, for the commissioner to determine that the requirements of Subsection B of this Section are satisfied, final approval is conditioned on review by the commissioner of the completion of the roster of directors, managers, and officers and satisfaction of the minimum net worth requirements. If an application for preliminary approval has been granted, before granting final approval of the application for a license, the commissioner may request an updated balance sheet and such other information considered relevant by the commissioner.
(2) If a person files an application under this Subsection, the fee required by R.S. 51:2389(E)(1)(a) is payable at the time the application is filed with the commissioner.
D. If the commissioner denies an application under Subsections A through C of this Section, the commissioner shall provide the applicant with a written statement explaining the basis for the denial.
E. If an application for license is approved and all conditions precedent to the issuance of that license are fulfilled, the commissioner shall issue a license to the applicant. A licensee shall post the license in a conspicuous place in the licensee's principal office. A license is not transferable or assignable.
F.(1) Except as otherwise provided in Paragraph (2) of this Subsection, a person transacting business in this state, other than a licensee, shall not use a name or title which indicates that the person is a business and industrial development company including but not limited to use of the term "BIDCO", and shall not otherwise represent that the person is a business and industrial development company or a licensee.
(2) Before being issued a license under this Chapter, a Louisiana corporation or Louisiana limited liability company that proposes to apply for a license or that applies for a license may perform, under a name that indicates that the corporation or company is a business and industrial development company, the acts necessary to apply for and obtain a license and to otherwise prepare to commence transacting business as a licensee. Such a corporation or company shall not represent that it is a licensee until after the license has been obtained.
Acts 1991, No. 506, §1; Acts 2004, No. 806, §1.
A.(1) A Louisiana corporation or limited liability company that is licensed under another law of this state or under any law of the United States may apply for and be issued a license under this Chapter unless the transaction of business by the corporation or company as a licensee under another law of this state or a law of the United States violates this Chapter or is contrary to the purposes of this Chapter.
(2) A Louisiana corporation or Louisiana limited liability company that is licensed under this Chapter may apply for and be issued a license under another law of this state or of another state or a law of the United States unless the transaction of business by that corporation or company as a licensee under another law of this state or another state or a law of the United States would violate this Chapter or would be contrary to the purposes of this Chapter.
B.(1) Upon approval of a two-thirds vote of its board of directors, managers, or members and after complying with Paragraph (2) of this Subsection, a licensee may apply to the commissioner to have the commissioner accept the surrender of the licensee's license. If the commissioner determines that the requirements of this Section have been satisfied, the commissioner shall approve the application.
(2) Not less than sixty days before filing an application with the commissioner under Paragraph (1) of this Subsection, a licensee shall notify all of its shareholders or members and all of its creditors of its intention to file the application. Each creditor shall be notified of the right to comment to the commissioner. Each shareholder or member shall be notified of the right to file with the licensee an objection to the proposed surrender of the license within the sixty-day period and shall be advised that, if the shareholder files an objection, the shareholder or member should send a copy of the objection to the commissioner. If shareholders or members representing twenty percent of the outstanding voting securities of the licensee file an objection, the licensee shall not proceed with the application under Paragraph (1) of this Subsection unless the application is approved by a vote of shareholders or members representing two-thirds of the outstanding voting securities of the licensee.
Acts 1991, No. 506, §1; Acts 2004, No. 806, §1.
A. The corporate or limited liability company name of each licensee shall include the word "BIDCO". A licensee shall not transact business under a name other than its corporate name or limited liability company name.
B.(1) The board of directors of each licensee shall consist of not less than five directors. If the licensee is a limited liability company, it shall have at least five managers who are natural persons.
(2) The board of directors or managers of each licensee shall hold a meeting not less than once each month.
C. Within thirty days after the death, resignation, or removal of a director, manager, or officer, the election of a director, or the appointment of an officer, the licensee shall notify the commissioner in writing of the event and shall provide any additional information which the commissioner may require.
Acts 1991, No. 506, §1; Acts 2004, No. 806, §1.
A.(1) A licensee providing financing assistance outside of this state shall maintain its headquarters in this state. A licensee that provides financing assistance in this state only shall maintain not less than one office in this state.
(2) Each office of a licensee shall be located in a place which is reasonably accessible to the public.
(3) A licensee shall post in a conspicuous place at each of its offices a sign which bears the corporate or limited liability company name of the licensee.
(4) A licensee shall maintain at each of its offices personnel who are competent to conduct the business of such an office.
(5) Upon thirty days' prior written notice to the commissioner, a licensee may establish, relocate, or close an office.
(6) If the licensee elects to provide financing assistance outside of this state, then regardless of the states in which a licensee provides financing assistance, the licensee shall conduct substantially all of its accounting, payment, underwriting, and other back-office operations in one or more offices located in this state. With approval of the commissioner, the requirement of this Subsection shall not apply to licensees that have provided financing assistance outside this state prior to January 1, 2003.
(7) Unless approved by the commissioner, the total amount of financing assistance provided by a licensee outside of this state shall not exceed fifty percent of the total financing assistance provided by such licensee on a cumulative basis. The limitation of this Subsection shall not apply to a licensee that has complied with both of the following:
(a) Provided financing assistance in this state in excess of one hundred million dollars. A licensee may count financing assistance provided by a licensed affiliate or licensed affiliates in this state towards the satisfaction of the requirements of this Subparagraph.
(b) Held a license for at least ten years.
B.(1) The business of a licensee shall be the business of providing financing assistance and management assistance to business firms. A licensee shall not engage in a business other than the business of providing financing assistance and management assistance to business firms.
(2) In addition to the powers and privileges provided to a licensee by this Chapter, a licensee has all powers and privileges conferred by its incorporating statute which are not inconsistent with or limited by this Chapter. The powers of a licensee include but are not limited to all of the following:
(a) To borrow money and otherwise incur indebtedness for its purposes, including issuance of bonds, debentures, notes, or other evidence of indebtedness. A licensee's indebtedness may be secured or unsecured and may involve equity features including but not limited to provisions for conversion to stock and warrants to purchase stock.
(b) To make contracts.
(c) To incur and pay necessary and incidental operating expenses.
(d) To purchase, receive, hold, lease, or otherwise acquire, or to sell, convey, mortgage, lease, pledge, or otherwise dispose of, real or personal property, together with rights and privileges that are incidental and appurtenant to these transactions of real or personal property, if the real or personal property is for the licensee's use in operating its business or if the real or personal property is acquired by the licensee from time to time in satisfaction of debts or enforcement of obligations.
(e) To make donations for charitable, educational, research, or similar purposes.
(f) To implement a reasonable and prudent policy for conserving and investing its money before the money is used to provide financing assistance to business firms or to pay the expenses of the licensee.
C.(1) A licensee may determine the form and the terms and conditions for financing assistance provided by that licensee to a business firm including but not limited to forms such as loans for the purchase of debt instruments, straight equity investments such as purchase of common stock or preferred stock, debt with equity features such as warrants to purchase stock, convertible debentures, or receipt of a percent of net income or sales, royalty-based financing, guaranteeing of debt, or leasing of property. A licensee may purchase securities of a business firm either directly or indirectly through an underwriter. A licensee may participate in the program of the Small Business Administration pursuant to Part 7(a) of the Small Business Act of Public Law 85-536, 15 U.S.C. §636(a), or any other government program for which the licensee is eligible and which has as its function the provision or facilitation of financing assistance or management assistance to business firms. If a licensee participates in a program referred to in this Subsection, the licensee shall comply with the requirements of that program.
(2) Management assistance provided by a licensee to a business firm may encompass both management or technical advice and management or technical services.
(3) Financing assistance or management assistance provided by a licensee to a business firm shall be for the business purposes of that business firm.
(4) A licensee may exercise the incidental powers that are necessary or convenient to carry on the business of, or are reasonably related to the business of, providing financing assistance and management assistance to business firms.
D.(1) With the approval of the commissioner, a licensee may form, or acquire and hold control of, a corporation or other entity which is licensed as a small business investment company under the Small Business Investment Act of 1958, Public Law 85-699, 15 U.S.C. §689.
(2) With the approval of the commissioner, a licensee may form, or acquire and hold control of, a company or other entity which is a local development company in accordance with the Small Business Investment Act of 1958, whether or not such a development company is or may become certified by the Small Business Administration under Section 504 of the Small Business Act of 1958, 15 U.S.C. §697.
E.(1) A licensee shall transact its business in a safe and sound manner and shall maintain itself in a safe and sound condition.
(2) In determining whether a licensee is transacting business in a safe and sound manner or has committed an unsafe or unsound act, the commissioner shall not consider the risk of a provision of financing assistance to a business firm, unless the commissioner determines that the risk is so great compared with the realistically expected return as to demonstrate gross mismanagement.
(3) Paragraph (2) of this Subsection does not limit the authority of the commissioner to do any of the following:
(a) Determine that a licensee's financing assistance to a single business firm or a group of affiliated business firms is in violation of Paragraph (1) or constitutes an unsafe or unsound act, if the amount of that financing assistance is unduly large in relation to the total assets or the total shareholders' equity of the licensee.
(b) Require that a licensee maintain a reserve in the amount of anticipated losses.
(c) Require that a licensee have in effect a written financing assistance policy, approved by its board of directors, including credit evaluation and other matters. The commissioner shall not require that a licensee adopt a financing assistance policy that contains standards which prevent the licensee from exercising needed flexibility in evaluating and structuring financing assistance to business firms on a deal by deal basis.
F.(1) For purposes of this Section:
(a) "Associate" means that term as defined in R.S. 51:2397(A)(1)(b).
(b) "Relative" means parent, child, sibling, spouse, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law, sister-in-law, grandparent, grandchild, nephew, niece, uncle, or aunt.
(2) If a licensee provides financing assistance to a business firm or engages in another business transaction, and if that financing assistance or transaction involves a potential conflict of interest, the terms and conditions under which the licensee provides the financing assistance or engages in the transaction shall not be less favorable to the licensee than the terms and conditions that would be required by the licensee in the ordinary course of business if the transaction did not involve a potential conflict of interest. Each person who participates in the decision of the licensee relating to a transaction described in this Section and has knowledge of a potential conflict of interest involving that transaction shall take care that the potential conflict of interest is disclosed in the financing documents of the transaction or, for a business transaction not involving financing assistance, in another appropriate document.
(3) For the purpose of Paragraph (2) of this Subsection, transactions engaged in by a licensee which involve a potential conflict of interest include but are not limited to the following:
(a) Providing financing assistance to a principal shareholder or member of the licensee, to a person controlled by a principal shareholder or member of the licensee, or to a director, officer, manager, partner, relative, controlling person, or affiliate of a principal shareholder or member of the licensee.
(b) Providing financing assistance to a business firm to which a principal shareholder or member of the license is a director, officer, manager, partner, relative, controlling person, or affiliate of a principal shareholder or member of a licensee, or a person controlled by a principal shareholder or member of the licensee provides or plans to provide contemporaneous financing assistance.
(c) Providing financing assistance to a business firm which has or is expected to have a substantial business relationship with another business firm which has a director, officer, manager, or controlling person who is also a director, officer, manager, or controlling person of the licensee or who is the spouse of a director, officer, manager, or controlling person of the licensee.
(d) Providing financing assistance to a business firm if that business firm, or a director, officer, manager, or controlling person of that business firm, contemporaneously has lent or will lend money to an associate of the licensee.
(e) Providing financing assistance for the purchase of property of an associate or principal shareholder or member of the licensee.
(f) Selling or otherwise transferring any of its assets to an associate or principal shareholder or member of the licensee.
G. If the commissioner fails to issue an order approving or denying an application for a license under this Chapter, within forty-five days from receipt by the commissioner of an application which complies with R.S. 51:2389(B), the application shall be considered approved by the commissioner.
Acts 1991, No. 506, §1; Acts 2004, No. 806, §1; Acts 2014, No. 350, §1.
Any parish, municipality, school board, special district, or political subdivision may legally invest any monies or funds belonging to them or within their control in a BIDCO established pursuant to this Chapter. Nothing contained in this Section with regard to legal investments shall be construed as relieving any person or persons of any duty of exercising reasonable care in selecting securities.
Acts 2007, No. 159, §2.
A. If in the opinion of the commissioner, a person violates or there is reasonable cause to believe that a person is about to violate any provision of this Chapter, the commissioner may bring an action in the name of the people of this state in a district court in the parish of domicile of the violator to enjoin the violation or to enforce compliance with this Chapter. Upon a proper showing, a restraining order, preliminary or permanent injunction, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. The court shall not require the commissioner to post a bond in an action brought under the provisions of this Chapter.
B.(1) If the commissioner finds that a person has violated or that there is reasonable cause to believe that a person is about to violate any provision of this Chapter, the commissioner may order the person to cease and desist from the violation.
(2) Within thirty days after an order is issued under Paragraph (1), the person to whom the order is directed may file with the commissioner an application for a hearing on the order. If the commissioner fails to commence a hearing within fifteen business days after that application is filed or within a longer period to which the person consents, the order shall be considered rescinded. Upon the hearing, the commissioner shall affirm, modify, or rescind the order. The right of a person to whom an order is issued under Paragraph (1) to petition for judicial review of the order is not affected by the failure of the person to apply to the commissioner for a hearing on the order issued under this Paragraph.
C.(1) If, after notice and a hearing, the commissioner determines that a licensee or a subject person of a licensee has violated or is violating, or that there is reasonable cause to believe that a licensee or subject licensee has engaged or participated or is engaging or participating, or that there is a reasonable cause to believe that a licensee or subject person of a licensee is about to engage or participate, in an unsafe or unsound act with respect to the business of that licensee, the commissioner may order that licensee or subject person to cease and desist from the action or violation. The order may require the licensee or subject person to take affirmative action to correct any condition resulting from the action or violation.
(2) If the commissioner determines that any of the factors set forth in Paragraph (1) are true with respect to a licensee or subject person of a licensee and that the action or violation is likely to cause the insolvency of or substantial dissipation of the assets or earnings of the licensee is likely to seriously weaken the condition of the licensee, or is likely to otherwise seriously prejudice the interests of the licensee before the completion of the proceedings conducted under Paragraph (1), the commissioner may order the licensee or subject person to cease and desist from that action or violation. The order may require the licensee or subject person to take affirmative action to correct any condition resulting from the action or violation.
(3) Within thirty days after an order is issued under Paragraph (2), the licensee or subject person of a licensee to whom the order is directed may file with the commissioner an application for a hearing on the order. If the commissioner fails to commence a hearing within fifteen business days after the application is filed or within a longer period to which the licensee or subject person consents, the order shall be considered rescinded. Upon the hearing, the commissioner shall affirm, modify, or rescind the order. The right of a licensee or subject person to whom an order is issued under Paragraph (2) to petition for judicial review of the order is not affected by the failure of the licensee or subject person to apply to the commissioner for a hearing on the order issued under this Subsection.
D.(1) The commissioner may issue an order removing a subject person of a licensee from his or her office, if any, with the licensee and prohibiting the subject person from further participating in any manner in the conduct of the business of the licensee, if, after notice and a hearing, the commissioner determines all of the following are true:
(a) The subject person has violated a provision of this Chapter or another applicable law, the subject person has engaged or participated in an unsafe or unsound act with respect to the business of the licensee, or the subject person has engaged or participated in an act with respect to the business of the licensee, or the subject person has engaged or participated in an act which constitutes a breach of the subject person's fiduciary duty.
(b) The act, violation, or breach of fiduciary duty has caused or is likely to cause substantial financial loss or other damage to the licensee or has seriously prejudiced or is likely to seriously prejudice the interests of the licensee, or the subject person has received financial gain by reason of the act, violation, or breach of fiduciary duty.
(c) The act, violation, or breach of fiduciary duty either involves dishonesty on the part of the subject person or demonstrates the subject person's gross negligence with respect to the business of the licensee or a willful disregard for the safety and soundness of the licensee.
(2) The commissioner may issue an order removing the subject person from his or her office with the licensee, if any, and prohibiting the subject person from further participating in any manner in the conduct of the business of the licensee, except with the prior consent of the commissioner, if after notice and a hearing, the commissioner determines that, by engaging or participating in an act with respect to a financial or other business institution which resulted in substantial financial loss or other damage, the subject person of the licensee has demonstrated both of the following:
(a) Dishonesty or willful or continuing disregard of the safety and soundness of the financial or other business institutions.
(b) Unfitness to continue as a subject person of the licensee or to participate in conducting the business of the licensee.
(3) If the commissioner determines that the factors set forth in Paragraph (1) or (2) are true with respect to a subject person of a licensee, and that it is necessary for the protection of the interests of the licensee or for the protection of the public interest that the commissioner immediately suspend the subject person from his or her office, if any, with the licensee and prohibit the subject person from further participating in any manner in conducting the business of the licensee, the commissioner may issue an order suspending the subject person from his or her office, if any, with the licensee and prohibiting the subject person from further participating in any manner in conducting the business of the licensee, except with the consent of the commissioner.
(4) Within thirty days after an order is issued under Paragraph (3), the subject person of a licensee to whom the order is directed may file with the commissioner an application for a hearing on the order. If the commissioner fails to begin a hearing within fifteen business days after the application is filed or within a longer period to which the subject person consents, the order shall be considered rescinded. Upon the hearing, the commissioner shall affirm, modify, or rescind the order. The right of a subject person of a licensee to whom an order is issued under Paragraph (3) to petition for judicial review of an order shall not be affected by the failure of the subject person to apply to the commissioner for a hearing on the order issued under this Paragraph.
(5) A person to whom an order is issued under this Section may apply to the commissioner to modify or rescind the order. The commissioner shall not modify or rescind the order unless the commissioner determines that it is in the public interest to do so and that it is reasonable to believe that the person, if and when he or she becomes a subject person of a licensee, will comply with this Chapter.
(6) As used in this Subsection, "office", if used with respect to a licensee, means the position of director, officer, manager, or employee of the licensee or of a subsidiary of the licensee.
E.(1) If the commissioner determines that a subject person of a licensee has been indicted by a grand jury or has been bound over for trial by a court for a crime involving dishonesty or breach of trust, and that the fact that the person continues to be a subject person of the licensee may threaten the interests of the licensee or may threaten to impair public confidence in the licensee, the commissioner may issue an order suspending the subject person from his or her office, if any, with the licensee and prohibiting the subject person from further participating in any manner in the conduct of the business of the licensee, except with the consent of the commissioner.
(2) If the commissioner determines that a subject person or former subject person of a licensee to whom an order was issued under Paragraph (1), or another subject person of a licensee, has been convicted of a crime which is punishable by imprisonment for a term of not less than one year and which involves dishonesty or breach of trust, and that the fact that the person continues to be or will resume to be a subject person of the licensee may threaten the interests of the licensee or may threaten to impair public confidence in the licensee, the commissioner may issue an order suspending or removing the subject person or former subject person from his or her office, if any, with the licensee and prohibiting the subject person from further participating in any manner in the conduct of the business of the licensee, except with the prior consent of the commissioner.
(3) Within thirty days after an order is issued under Paragraph (1) or (2), the subject person of a licensee to whom the order is directed may file with the commissioner an application for a hearing on the order. If the commissioner fails to commence a hearing within fifteen business days after the application is filed or within a longer period to which the subject person consents, the order shall be considered rescinded. Upon the hearing, the commissioner shall affirm, modify, or rescind the order. The right of a subject person or former subject person of a licensee to whom an order is issued under Paragraph (1) or (2) to petition for judicial review of the order is not affected by the failure of the person to apply to the commissioner for a hearing on the order issued under this Paragraph.
(4) The fact that a subject person of a licensee charged with a crime involving dishonesty or breach of trust is not convicted of the crime shall not preclude the commissioner from issuing an order to the subject person under any other provision of this Chapter.
(5) A person to whom an order is issued under this Section may apply to the commissioner to modify or rescind the order. The commissioner shall not modify or rescind the order unless the commissioner determines that it is in the public interest to do so and that it is reasonable to believe that the person, if and when he or she becomes a subject person of a licensee, will comply with the provisions of this Chapter.
F.(1) If the commissioner considers it expedient, he may call a meeting of the board of directors or managers of a licensee by giving notice of the time, place, and purpose of the meeting not less than five days before the meeting to each director or manager either by personal service or by registered or certified mail sent to the director's or manager's last known address as shown in the records of the commissioner.
(2) If the commissioner considers it expedient, the commissioner may call a meeting of the shareholders or members of a licensee by giving notice of the time, place, and purpose of the meeting not less than five days before the meeting to each shareholder or member either by personal service or by registered or certified mail sent to the shareholder's or member's last known address as shown by the books of the licensee. The licensee shall pay the expenses of the notice and of a meeting called under this Paragraph.
G.(1) The commissioner may issue an order directing a licensee to refrain from providing any additional financing assistance to business firms if, in the opinion of the commissioner, the order is necessary to protect the interests of the licensee or the public interest, and if, after notice and a hearing, the commissioner determines that any of the following are true:
(a) The licensee or a controlling person, subsidiary, or affiliate of the licensee has violated any provision of this Chapter or another applicable law.
(b) The licensee is conducting its business in an unsafe and unsound manner.
(c) The licensee is in a condition that makes it unsafe or unsound for the licensee to transact business.
(d) The licensee has ceased to transact business as a business and industrial development company.
(e) The licensee is insolvent.
(f) The licensee has suspended payment of its obligations, has made an assignment for the benefit of its creditors, or has admitted in writing its inability to pay its debts as they become due.
(g) The licensee has applied for an adjudication of bankruptcy, reorganization, arrangement, or other relief under a bankruptcy, reorganization, insolvency, or moratorium law, or that a person has applied for such relief under such a law against a licensee and the licensee has by any affirmative act approved of or consented to the action or such relief has been granted.
(h) A fact or condition exists which would have been grounds for denying the application if the fact or condition had existed at the time the licensee applied for its license.
(2) If the commissioner determines that any of the factors set forth in Paragraph (1) are true with respect to a licensee and that it is necessary for the protection of the interest of the licensee or the public interest that the commissioner immediately issue an order directing the licensee to refrain from providing any additional financing assistance to business firms, the commissioner may issue such an order without a hearing. Within thirty days after an order is issued under this Subsection, the licensee to whom the order is directed may file with the commissioner a request for a hearing on the order. If the commissioner fails to commence a hearing within fifteen business days after the request is filed or within a longer period to which the licensee consents, that order shall be considered rescinded. Upon the hearing, the commissioner shall affirm, modify, or rescind the order.
(3) With the consent of the commissioner, a licensee which has been the subject of an order under Paragraph (1) or (2) may resume providing financing assistance to business firms under such conditions as the commissioner may prescribe.
(4) A person to whom an order is issued under Paragraph (1) or (2) may apply to the commissioner to modify or rescind the order. The commissioner shall not grant the application unless the commissioner determines that it is in the public interest to do so and that it is reasonable to believe that the person, if and when the order is modified or rescinded, will comply with this Chapter.
H.(1) If the commissioner finds that any of the factors set forth in Paragraph (G)(1) of this Section are true with respect to a licensee and that it is necessary for the protection of the interests of the licensee or for the protection of the public interest that the commissioner take immediate possession of the property and business of the licensee, the commissioner may appoint a conservator for the licensee. The commissioner may appoint as conservator one of the employees of the office of financial institutions or some other competent and disinterested person. The office of financial institutions shall be reimbursed out of the assets of the conservatorship for all sums expended in connection with the conservatorship as expenses. Upon the approval of the commissioner, the expenses of the conservatorship shall be paid out of the assets of the licensee. The expenses shall be a first charge upon the assets and shall be fully paid before any final distribution is made.
(2) Under the direction of the commissioner, the conservator shall take possession of the books, records, and assets of the licensee and shall take such action with respect to employees, agents, or representatives of the licensee or any other action as may be necessary to conserve the assets of the licensee or ensure payment of obligations of the licensee pending further disposition of its business as provided by law. At any appropriate time, the commissioner may terminate the conservatorship and permit the licensee to resume the transaction of its business subject to the terms, conditions, restrictions, and limitations the commissioner may prescribe.
(3) If in the opinion of the commissioner it is appropriate that the licensee be liquidated, the commissioner may apply to the district court for the parish in which the principal office of the licensee is located for the appointment of a receiver for the licensee, if the commissioner determines that any of the following are true:
(a) The licensee is insolvent.
(b) The licensee has suspended payment of its obligations, has made an assignment for the benefit of its creditors, or has admitted in writing its inability to pay its debts as they become due.
(c) The licensee has applied for an adjudication of bankruptcy, reorganization, arrangement, or other relief under a bankruptcy, reorganization, insolvency, or moratorium law.
(d) A person has applied for the relief described under Subparagraph (c) against any licensee and that licensee has by an affirmative act approved or consented to the action or the relief has been granted.
(e) The licensee is in a condition that makes it unsafe or unsound for the licensee to transact business.
(4) If a receiver is appointed under Paragraph (3), the receiver shall liquidate the property and business of the licensee in the manner provided for in R.S. 12:143 et seq.
I.(1) If, after notice and a hearing, the commissioner finds that a person has violated this Chapter, the commissioner may order that person to pay to the commissioner a civil penalty in the amount the commissioner specifies. However, the amount of the civil penalty shall not exceed one thousand dollars for each violation, or in the case of a continuing violation, one thousand dollars for each day for which the violation continues.
(2) This Section does not apply to any act committed or omitted in good faith in conformity with an order, rule, declaratory ruling, or written interpretative opinion of the commissioner, notwithstanding that the order, rule, declaratory ruling, or written interpretative opinion is later amended, rescinded, or repealed, or determined by judicial or other authority to be invalid for any reason.
(3) The provisions of Paragraph (1) are additional to, and not alternative to, other provisions of this Chapter which authorize the commissioner to issue orders or to take other action on account of a violation of this Chapter. A person who is convicted under R.S. 51:2397(J) on account of a violation of R.S. 51:2397 shall not be liable to pay a civil penalty under Paragraph (1) on account of that violation. A person who pays a civil penalty under Paragraph (1) on account of a violation of R.S. 51:2397 shall not be liable to prosecution under R.S. 51:2397(J) on account of that violation.
Acts 1991, No. 506, §1; Acts 2004, No. 806, §1.
A.(1) As used in this Chapter, unless the context otherwise requires:
(a) "Advisor" means a person who regularly provides legal, accounting, or management services or advice to a licensee.
(b) "Associate" means, if used with respect to a licensee:
(i) A controlling person, director, manager, officer, agent, or advisor of that licensee.
(ii) A director, officer, manager, or partner of a person referred to in Item (i) of this Subparagraph.
(iii) A person who controls, is controlled by, or is under common control with a person referred to in Item (i) of this Subparagraph, directly or indirectly through one or more intermediaries.
(iv) Any close relative of any person referred to in Item (i) of this Subparagraph.
(v) A person of which a person referred to in Items (i) to (iv) of this Subparagraph is a director, manager, or officer.
(vi) A person in which a person referred to in Items (i) to (iv) of this Subparagraph, or any combination of those persons acting in concert, owns or controls, directly or indirectly, at least twenty percent or greater equity interest.
(c) "Close relative" means parent, child, sibling, spouse, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law, sister-in-law, grandparent, grandchild, nephew, niece, uncle, or aunt.
(d) "Closing services" means services performed in connection with the providing of financing assistance. "Closing services" includes but is not limited to appraising property and preparing credit reports. "Closing services" does not include a service performed after the providing of financing assistance.
(e) "Short-term financing assistance" means financing assistance with a term of not more than five years.
(2) For the purposes of Subparagraph (1)(b) of this Subsection:
(a) A person who is in a relationship referred to in that Subparagraph within six months before or after a licensee provides financing assistance shall be considered to be in that relationship as of the date that licensee provides that financing assistance.
(b) If a licensee, in order to protect its interests, designates a person to serve as a director of, manager of, officer of, or in any capacity in the management of a business firm to which that licensee provides financing assistance, that person shall not, on that account, be considered to have a relationship with that business firm. This Subparagraph does not apply if the person has, directly or indirectly, any other financial interest in the business firm or if the person, at any time before the licensee provides the financing assistance, served as a director of, manager of, officer of, or in any other capacity in the management of the business firm for a period of thirty days or more.
B. A person shall not willfully make an untrue statement of a material fact in an application or report filed with the commissioner under this Chapter, or willfully omit to state in such an application or report a material fact required to be stated in the application or report.
C. A person having custody of any of the books, accounts, or other records of a licensee shall not willfully refuse to allow the commissioner, upon request, to inspect or make copies of any of those books, accounts, or other records.
D. A person shall not, with intent to deceive a director, manager, officer, employee, auditor, or attorney of a licensee, the commissioner, or a governmental agency make a false entry in the books, accounts, or other records of that licensee, omit to make an entry in those books, accounts, or other records which that person is required to make or alter, conceal, or destroy any of those books, accounts, or other records.
E. A licensee shall not provide, directly or indirectly, financing assistance to an associate of the licensee, except with respect to guarantees and other forms of credit support provided by the licensee in connection with securing funds to be used by the licensee in providing financing assistance to business firms.
F. A licensee shall not provide, directly or indirectly, financing assistance to discharge, or to free other money for use in discharging, in whole or in part, an obligation to an associate of that licensee. This Subsection does not apply to a transaction effected by an associate of a licensee in the normal course of that associate's business involving a line of credit or short-term financing assistance.
G.(1) A licensee shall not provide, directly or indirectly, financing assistance to a business firm to which an associate of that licensee provides financing assistance, either contemporaneously with, or within one year before or after, the providing of financing assistance by the licensee, if the terms on which the licensee provides financing assistance are less favorable to the licensee than the terms on which the associate provides financing assistance to the business firm. If the financing assistance provided by the associate of the licensee is of a different kind from the financing assistance provided by the licensee, the burden shall be on the licensee to prove that the terms on which the licensee provided financing assistance provided by the associate of the licensee is of a different kind from the financing assistance provided by the licensee, and the burden shall be on the licensee to prove that the terms on which the licensee provided financing assistance were at least as favorable to the licensee as the terms on which the associate provided financing assistance to the business firm.
(2) This Subsection does not apply to any of the following:
(a) If the associate is a controlling person of the licensee and is also the only shareholder or member of the licensee.
(b) If the associate is a subsidiary of the licensee.
(c) A transaction effected by an associate of a licensee in the normal course of that associate's business involving a line of credit or short-term financing assistance.
H. An associate of a licensee shall not receive, directly or indirectly, from a person to whom that licensee provides financing assistance, compensation in connection with the providing of that financing assistance or anything of value for procuring, influencing, or attempting to procure or influence the licensee's action with respect to the providing of the financing assistance. This Subsection does not apply to the receipt of fees by an associate of licensee for bona fide closing services performed by that associate if all of the following are true:
(a) The associate, with the consent and knowledge of the person to whom the financing assistance is provided, is designated by the licensee to perform the services.
(b) The services are appropriate and necessary in the circumstances.
(c) The fees for the services are approved as reasonable by the licensee.
(d) The fees for the services are collected by the licensee on behalf of the associate.
I.(1) By such orders or rules the commissioner considers necessary and appropriate, the commissioner may exempt from Subsections E through H of this Section, either unconditionally or upon specified terms and conditions and for specified periods, a person or transaction or class of persons or transactions, if the commissioner finds that the exemption is in the public interest and that the regulation of the person, transaction, or class is not necessary for the purposes of this Chapter.
(2) In exempting a person or transaction or class of persons or transactions, the commissioner shall give consideration, as considered appropriate by the commissioner, to conflict of interest provisions of federal law or regulations that may be applicable to that person or transaction governing participants in federal financing programs.
J.(1) A person who knowingly commits an act which act violates this Section shall be fined not more than ten thousand dollars or shall be imprisoned for not more than one year, or both.
(2) This Subsection does not apply to an act committed or omitted in good faith in conformity with an order, rule, declaratory ruling, or written interpretative opinion of the commissioner, notwithstanding that the order, rule, declaratory ruling, or written interpretative opinion is later amended, rescinded, or repealed, or determined by judicial or other authority to be invalid for any reason.
(3) Nothing in this Chapter limits the power of the state to punish a person for an act which constitutes a crime under any statute.
Acts 1991, No. 506, §1; Acts 2004, No. 806, §1.
A. This Chapter shall be liberally construed to accomplish its purposes.
B. A proceeding to promulgate rules or regulations regarding civil penalties under R.S. 51:2396(I) shall be subject to the Administrative Procedure Act.
C. Except as otherwise provided in this Subsection, the provisions of a licensee's incorporating statute apply to the licensee. If a provision of the licensee's incorporating statute conflicts with any provision of this Chapter, this Chapter controls.
Acts 1991, No. 506, §1.
A. It is the intent of the Legislature of Louisiana that the modernization benefits provided for in this Chapter should be used primarily as an inducement for businesses to remain in the state and not relocate outside the state and to modernize their existing operations in Louisiana.
B. Nothing herein shall be construed to constitute a guarantee or assumption by the state of any debt of any individual, company, corporation, or association or to authorize the credit of the state to be given, pledged, or loaned to any individual, company, corporation, or association.
C. No agency shall incur monetary or personnel costs paid with federal funds for compliance with the provisions of this Chapter when such use of the funds is prohibited by federal law.
Acts 2009, No. 447, §1.
The following words or terms as used in this Chapter shall have the following meaning, unless a different meaning appears from the context:
(1) "Department" means Louisiana Economic Development.
(2)(a) "Employer" means a legal person who is engaged in a lawful enterprise not excluded by this Chapter that executes a contract with the department pursuant to the provisions of this Chapter and meets the following elements or elements substantially equivalent thereto:
(b) To qualify for a contract pursuant to this Chapter, employers must be a manufacturer, as defined by North American Industry Classification System (NAICS) codes 113310, 211, 213111, 541360, 311-339, 511-512, and 54171, as the employer's primary function.
(c) The following employers or persons engaged in the following professions or service industries shall not be eligible for any credit under this Chapter:
(i) Retail employers as identified by the North American Industry Classification System code sections 44 and 45.
(ii) Business associations and professional organizations as defined in North American Industry Classification System (NAICS) code 8139.
(iii) State and local government enterprises.
(iv) Real estate agents, operators, and lessors.
(v) Automotive rental and leasing.
(vi) Local solid waste disposal, local sewage systems, and local water systems businesses.
(vii) Nonprofit organizations.
(viii) Employers engaged in the gaming industry as identified by the North American Industrial Classification System code sections 713210 and 721120.
(ix) Attorneys.
(d) The department may promulgate rules annually listing other employers, professions, or service industries which are eligible and not eligible for any credit pursuant to this Chapter, and such rules shall not take effect unless presented to the Louisiana Economic Development Council and approved by both the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs in a public meeting held for such purpose.
(3) "Modernization" means capitalized investment by an employer in technology, machinery, building and/or equipment that meets one of the following provisions:
(a) An increase in the increase of maximum capacity or efficiency of the facility of greater than ten percent. The modernization must result in the facility adopting "best practices" technology for its industry and the company shall establish that without the investment that the facility would be a high risk for closure in the foreseeable future. Modernization does not include the replacing of existing technology with the same or similar technology.
(b) An approved investment from a company with multi-state operations with an established competitive capital project program.
(4) "Project" includes the design, development, installation and construction of a technology, machinery, building and equipment that results in a modernization of an employer's product line, unit, or entire operations that requires at least five million dollars of investment.
(5) "Qualified expenditures" means amounts classified as capital expenditures for federal income tax purposes plus exclusions from capitalization provided for in Internal Revenue Code Section 263(a)(1)(A) through (L), minus the capitalized cost of land, capitalized leases of land, capitalized interest, and the capitalized cost for the purchase of an existing building. When an employer purchases an existing building and capital expenditures are used to rehabilitate the building, only the costs of the rehabilitation shall be considered qualified expenditures. Additionally, an employer shall be allowed to increase his qualified expenditures to the extent an employer's capitalized basis is properly reduced by claiming a federal credit.
Acts 2009, No. 447, §1.
A.(1) Except as provided in Subsection B of this Section, an employer may earn and apply for and, if qualified, be granted a refundable credit on any income tax liability owed to the state by the employer seeking to claim the credit, in the amount approved by the secretary of the department for the amount of qualified expenditures incurred by the employer for a modernization. Except as otherwise provided in this Paragraph, the refundable credit shall be allowed against the income tax for the taxable period in which the credit is earned.
(2)(a) For credits approved prior to July 1, 2015, the following shall apply:
(i) The credits approved by the department shall be granted at the rate of five percent of the amount of qualified expenditures incurred by the employer for modernization with the credit divided in equal portions for five years, subject to the limitations provided for in other Paragraphs of this Subsection.
(ii) The total amount of modernization tax credits granted by Louisiana Economic Development in any calendar year shall not exceed ten million dollars irrespective of the year in which claimed. The department shall by rule establish the method of allocating available tax credits to applicants, including but not limited to a first come, first served system, reservation of tax credits for a specified time period, or other method which the department, in its discretion, may find beneficial to the program. In the event that the total amount of credits granted in any calendar year is less than seven million two hundred thousand dollars, any residual amount of unused credits shall carry forward for use in subsequent years and may be granted in addition to the seven million two hundred thousand dollar limit for each year.
(b) For credits approved on and after July 1, 2015, and before July 1, 2017, the following shall apply:
(i) The credits approved by the department shall be granted at the rate of three and six-tenths of one percent of the amount of qualified expenditures incurred by the employer for modernization with the credit divided in equal portions for five years, subject to the limitations provided for in other Paragraphs of this Subsection.
(ii) The total amount of modernization tax credits granted by Louisiana Economic Development in any calendar year shall not exceed seven million two hundred thousand dollars irrespective of the year in which claimed. The department shall by rule establish the method of allocating available tax credits to applicants, including but not limited to a first come, first served system, reservation of tax credits for a specified time period, or other method which the department, in its discretion, may find beneficial to the program. In the event that the total amount of credits granted in any calendar year is less than seven million two hundred thousand dollars, any residual amount of unused credits shall carry forward for use in subsequent years and may be granted in addition to the seven million two hundred thousand dollar limit for each year.
(c) For credits approved on and after July 1, 2017, the following shall apply:
(i) The credits approved by the department shall be granted at the rate of four percent of the amount of qualified expenditures incurred by the employer for modernization with the credit divided in equal portions for five years, subject to the limitations provided for in other Paragraphs of this Subsection.
(ii) The total amount of modernization tax credits granted by Louisiana Economic Development in any calendar year shall not exceed seven million two hundred thousand dollars irrespective of the year in which claimed. The department shall by rule establish the method of allocating available tax credits to applicants, including but not limited to a first-come, first-served system, reservation of tax credits for a specified time period, or other method which the department, in its discretion, may find beneficial to the program. In the event that the total amount of credits granted in any calendar year is less than seven million two hundred thousand dollars, any residual amount of unused credits shall carry forward for use in subsequent years and may be granted in addition to the seven million two hundred thousand dollar limit for each year.
(d) An employer earns the modernization tax credits in the year in which the project is placed in service, but the employer may not claim modernization tax credits until the department signs a project completion form. No project placed in service before July 1, 2011 shall be eligible for the tax credit authorized pursuant to the provisions of this Section.
(e) After approving modernization tax credits for an employer, the department shall issue a tax credit certificate, a copy of which is to be attached to the tax return of the employer. The tax credit certificate shall contain the employer's name, address, tax identification number, the amount of credit, and other information required by the Department of Revenue. The tax credit certificate, unless rescinded by the department, shall be accepted by the Department of Revenue as proof of the credit.
(f) Louisiana Economic Development shall maintain a list of the tax credit certificates issued.
(3)(a) All entities taxed as corporations for Louisiana income tax purposes shall claim any credit allowed under this Section on their corporation income tax return.
(b) Individuals shall claim any credit allowed under this Section on their individual income tax return.
(c) Estates or trusts shall claim any credit allowed under this Section on their fiduciary income tax returns.
(d) Entities not taxed as corporations shall claim any credit allowed under this Section on the returns of the partners or members as follows:
(i) Corporate partners or members shall claim their share of the credit on their corporation income tax returns.
(ii) Individual partners or members shall claim their share of the credit on their individual income tax returns.
(iii) Partners or members that are estates or trusts shall claim their share of the credit on their fiduciary income tax returns.
B. A retention and modernization tax credit shall expire and have no value or effect on tax liability beginning with the eleventh tax year after the tax year in which it was originally granted.
C. No credits shall be granted pursuant to the provisions of this Section for applications received after June 30, 2025.
Acts 2009, No. 447, §1; Acts 2015, No. 125, §3, eff. July 1, 2015, §6, eff. July 1, 2018; Acts 2016, 1st Ex. Sess., No. 29, §2, eff. April 1, 2016; Acts 2017, No. 400, §§1, 3, and 4, eff. June 26, 2017; Acts 2024, 3rd Ex. Sess., No. 5, §2, eff. Jan. 1, 2025; Acts 2024, 3rd Ex. Sess., No. 6, §2, eff. Jan. 1, 2026; Acts 2024, 3rd Ex. Sess., No. 11, §2, eff. Dec. 4, 2024.
NOTE: See Acts 2016, 1st Ex. Sess., No. 29, §2, regarding effectiveness.
A. The department, after consultation with the secretary of Louisiana Works and the secretary of the Department of Revenue, may issue modernization tax credits provided the employer meets the requirements established by Subsection B of this Section. Nothing in this Chapter shall establish a right of the employer to receive retention and modernization tax credits unless approved by the department.
B. The employer shall establish one of the following:
(1) An increase in the increase of maximum capacity or efficiency of the facility of greater than ten percent.
(2) An approved investment from a company with multi-state operations with an established competitive capital project program.
C.(1) No contract shall be executed pursuant to this Chapter with an employer who has defaulted on or otherwise not repaid any loan or other obligation involving public funds nor with any employer who has ever declared bankruptcy under which an obligation of the employer to pay or repay public funds or monies was discharged as part of such bankruptcy.
(2) No contract shall be executed under this Chapter with an employer who is in default on any filing or payment with or to the state or any of its agencies or political subdivisions and in which an assessment or judgment that is final and non-appealable has been rendered, and remains outstanding, in favor of the state, or any of its agencies, or political subdivisions.
Acts 2009, No. 447, §1.
Louisiana Economic Development, Louisiana Works and the Department of Revenue shall each promulgate such rules, in accordance with the Administrative Procedure Act, as may be necessary to implement the provisions of this Chapter.
Acts 2009, No. 447, §1.
A. Any person making an application, claim for a tax credit, or any report, return, statement, or other instrument or providing any other information pursuant to the provisions of this Chapter who willfully makes a false or fraudulent application, claim, report, return, statement, invoice, or other instrument or who willfully provides any false or fraudulent information, any person who willfully aids or abets another in making such false or fraudulent application, claim, report, return, statement, invoice, or other instrument, or any person who willfully aids or abets another in providing any false or fraudulent information, shall be guilty, upon conviction, of a felony and shall be punished by the imposition of a fine of not less than one thousand dollars and not more than fifty thousand dollars, or imprisoned for not less than two years and not more than five years, or both.
B. Any person convicted of a violation of this Section shall be liable for the repayment of all credits which were granted to the employer. Interest shall be due on such credits at the rate of fifteen percent per annum.
Acts 2009, No. 447, §1.
A. There is hereby created in the state treasury, as a special fund, the "Small Business Innovation Retention Fund", hereinafter referred to as the "fund".
B. The monies in the fund shall be used to provide financial assistance to certain Louisiana businesses that have received certain Small Business Innovation Research, hereinafter referred to as "SBIR", or Small Business Technology Transfer, hereinafter referred to as "STTR", federal grants.
C. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, all monies received for the purpose of the fund shall be deposited into the fund.
D. Monies in the fund shall be invested in the same manner as monies in the general fund. Interest earned on investment of monies in the fund shall be credited to the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
E. Subject to appropriation and the provisions of this Section, monies in the fund shall be used by Louisiana Economic Development, hereinafter referred to in this Section as the "department", for awarding grants to selected applicants. The department shall establish criteria for grant eligibility, provide for an application process, and select eligible Louisiana business applicants to receive monies from the fund.
F. Up to one million one hundred five thousand dollars shall be annually disbursed from the fund as follows:
(1) Up to five hundred thousand dollars shall be allocated for Phase I SBIR or STTR federal grant recipients. Each selected applicant shall receive an amount equal to twenty-five percent of the Phase I SBIR or STTR federal grant the applicant has received, not to exceed fifty thousand dollars per applicant.
(2) Up to five hundred thousand dollars shall be allocated for Phase II SBIR or STTR federal recipients. Each selected applicant shall receive an amount equal to twenty percent of the Phase II SBIR or STTR federal grant the applicant has received, not to exceed one hundred thousand dollars per applicant.
(3) Up to one hundred five thousand dollars per year shall be allocated for the department for as long as the department administers grants from the fund.
(4) Each grant awarded pursuant to this Section shall be divided into two equal amounts and shall be disbursed to the selected applicant over a period of two consecutive years.
Acts 2022, No. 476, §1, eff. June 15, 2022.
A. There is hereby created in the state treasury, as a special fund, the "Small Business Innovation Recruitment Fund", hereinafter referred to as the "fund".
B.(1) The monies in the fund shall be used as an economic development incentive to recruit out-of-state small businesses that have received Phase II Small Business Innovation Research, hereinafter referred to as "SBIR", or Phase II Small Business Technology Transfer, hereinafter referred to as "STTR", federal grants to move to Louisiana.
(2) In order for a business to be considered a "small business" for purposes of this Section, the business shall qualify as small according to the United States Small Business Administration's industry size standards.
C. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, all monies received for the purpose of the fund shall be deposited into the fund.
D. Monies in the fund shall be invested in the same manner as monies in the general fund. Interest earned on investment of monies in the fund shall be credited to the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
E. Subject to appropriation and the provisions of this Section, monies in the fund shall be used by Louisiana Economic Development, hereinafter referred to in this Section as the "department", for awarding grants to selected applicants. The department shall establish criteria for grant eligibility, provide for an application process, and select eligible business applicants to receive monies from the fund, based upon nominations of eligible small businesses recommended by the Regional Economic Alliance of Louisiana, which represents sixty-four parishes of the state.
F.(1) Up to five hundred thousand dollars shall be annually disbursed from the fund to eligible applicants in the form of grants. Any grant received pursuant to this Section shall not exceed one hundred thousand dollars per applicant. The grant awards provided pursuant to this Section shall be divided into three equal amounts and disbursed to the selected applicants over a period of three consecutive years.
(2) In Fiscal Year 2025-2026, in addition to any monies disbursed from the fund pursuant to Paragraph (1) of this Subsection, an amount of up to one hundred five thousand dollars of fund monies shall be allocated to the department for administrative costs.
G. An applicant that meets all of the following criteria shall be eligible for a grant provided for in this Section:
(1) The applicant shall have received Phase II SBIR or STTR grant funding within the two years immediately preceding submission of the application.
(2) The applicant shall have generated sales and revenue and shall provide documentation proving such.
(3) The applicant shall have produced commercial products or conducted commercial services and shall provide documentation proving such.
H. Within six months of approval by the department, an applicant selected to receive grant monies shall provide documentation that the applicant business has relocated to Louisiana. If the selected applicant fails to relocate or provide documentation of such, the grant shall be forfeited, and the money shall be disbursed to another applicant.
Acts 2022, No. 477, §1, eff. June 15, 2022.
A. There is hereby created in the state treasury, as a special fund, the "Small Business Innovation Fund", hereinafter referred to as the "fund".
B. The monies in the fund shall be used to provide financial assistance to certain Louisiana businesses applying for Small Business Innovation Research, hereinafter referred to as "SBIR", or Small Business Technology Transfer, hereinafter referred to as "STTR", federal research grants.
C. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, all monies received for the purpose of the fund shall be deposited into the fund.
D. Monies in the fund shall be invested in the same manner as monies in the general fund. Interest earned on investment of monies in the fund shall be credited to the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
E. Subject to appropriation and the provisions of this Section, monies in the fund shall be used by Louisiana Economic Development for awarding grants to selected applicants. The Louisiana Economic Development Corporation, hereinafter referred to as "corporation", shall administer awards to selected applicants in the form of grants. The corporation shall establish criteria for grant eligibility, provide for an application process, and select eligible Louisiana business applicants to receive monies from the fund.
F. Up to one hundred fifty thousand dollars shall be annually disbursed from the fund as follows:
(1) Up to sixty thousand dollars shall be disbursed to selected applicants in the form of grants for the purpose of assisting in the completion of Phase I SBIR or STTR federal grant applications. Any grant received pursuant to this Paragraph shall not exceed five thousand dollars per applicant.
(2) Up to sixty thousand dollars shall be disbursed to selected applicants in the form of grants for the purpose of assisting in the completion of Phase II SBIR or STTR federal grant applications. Any grant received pursuant to this Paragraph shall not exceed ten thousand dollars per applicant.
(3) Up to thirty thousand dollars shall be appropriated to the corporation for the purpose of funding technical assistance, outreach programs, and program-related promotions.
Acts 2022, No. 508, §1, eff. June 15, 2022; Acts 2024, No. 590, §4, eff. June 11, 2024.
Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
The purpose of this Chapter is to regulate the use of aftermarket crash parts by requiring disclosure when any use is proposed of an aftermarket, nonoriginal equipment manufacturer's crash part, and by requiring that the manufacturers of such aftermarket crash parts be identified.
Acts 1990, No. 765, §1, eff. Jan. 1, 1991.
A. "Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.
B. "Installer" means an individual who actually does the work of replacing or repairing parts of a motor vehicle.
C. "Insurer" means an insurance company and any person authorized to represent the insurer with respect to a claim.
D. "Nonoriginal equipment manufacturer (non-OEM) aftermarket crash part" means aftermarket crash parts not made for or by the manufacturer of the motor vehicle.
E. "Repair facility" means any motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.
Acts 1990, No. 765, §1, eff. Jan. 1, 1991.
Any aftermarket crash part supplied by a nonoriginal equipment manufacturer for use in this state after the effective date of this Chapter shall have affixed thereto or inscribed thereon the logo or name of its manufacturer. Such manufacturer's logo or name shall be visible after installation whenever practicable.
Acts 1990, No. 765, §1, eff. Jan. 1, 1991.
A. No insurer shall specify the use of non-OEM aftermarket crash parts in the repair of an insured's motor vehicle, nor shall a repair facility or installer use non-OEM aftermarket parts to repair a vehicle, unless the insured is so advised in writing.
B. In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:
(1) The written estimate shall clearly identify each such part.
(2) A disclosure document containing the following information in ten point type or larger type shall appear on or be attached to the insured's copy of the estimate: "This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle."
Acts 1990, No. 765, §1, eff. Jan. 1, 1991.
Any violation of the provisions of this Chapter shall be enforced through the unfair trade practices provisions of the Insurance Code and shall be enforced by the penalties provided for in said provisions.
Acts 1990, No. 765, §1, eff. Jan. 1, 1991.
This Chapter shall be known and may be cited as the "Louisiana Quality Jobs Program Act".
Acts 1995, No. 1238, §1, eff. July 1, 1995.
A. It is the intent of the Louisiana Legislature that the quality jobs benefits provided for in this Chapter in contracts for which an application is filed with the department after May 1, 2002, should be used primarily as an inducement for businesses to locate or expand existing operations in Louisiana in accordance with Louisiana Economic Development's focus on Louisiana's traditional and seed clusters: Advanced Materials; Agriculture, Forest and Food Technology; Durable Goods (Marine, Automotive, Aviation); Entertainment; Information Technology; Biotechnology, Biomedical, and Medical Industries serving rural hospitals; Logistics and Transportation; Oil and Gas and Energy; Headquarters; and Petrochemical and Environmental Technology. A business operation should be considered for quality jobs benefits only if the business meets the provisions of R.S. 51:2453(2). It is the further intent of the Louisiana Legislature that the following should apply to quality jobs benefits provided both before and after that date:
(1) The state of Louisiana provide appropriate incentives to support employers who will make significant contributions to the development of the economy of the state of Louisiana.
(2) The amount of such incentives provided or made available to employers shall be directly related to the new direct jobs created as a result of the employer locating or expanding existing operations in the state of Louisiana.
(3) Louisiana Economic Development, the Louisiana Department of Revenue, and Louisiana Works shall implement the provisions of this Chapter and exercise all powers as authorized in this Chapter. The exercise of powers conferred by this Chapter shall be deemed and held to be the performance of essential public purposes.
B. Nothing herein shall be construed to constitute a guarantee or assumption by the state of Louisiana of any debt of any individual, company, corporation, or association or to authorize the credit of the state of Louisiana to be given, pledged, or loaned to any individual, company, corporation, or association.
C. No agency shall incur monetary or personnel costs paid with federal funds for compliance with the provisions of this Chapter when such use of the funds is prohibited by federal law.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2000, No. 46, §2, eff. June 28, 2000; Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2003, No. 47, §1, eff. May 22, 2003; Acts 2005, No. 326, §1; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2009, No. 438, §11(A); Acts 2017, No. 386, §3, eff. June 23, 2017.
The following words or terms as used in this Chapter shall have the following meaning, unless a different meaning appears from the context:
(1) "Benefit rate" means the following percentages:
(a) For new direct jobs created that pay at least eighteen dollars per hour, the benefit rate shall be four percent.
(b) For new direct jobs created that pay at least twenty-one dollars and sixty-six cents per hour, the benefit rate shall be six percent.
(2) "Employer" shall mean a legal person who executes a contract with the department pursuant to the provisions of this Chapter and who offers, or will offer within ninety days of the effective date of qualifying for the incentive rebates pursuant to the provisions of this Chapter, a basic health benefits plan to the individuals whom it employs in new direct jobs in this state which shall be determined by the Louisiana Economic Development to be in compliance with federally mandated healthcare requirements or, if no federally mandated healthcare requirements exist, shall be determined to have a value of at least one dollar and twenty-five cents per hour.
(a) The "basic health benefits plan" or the "health insurance coverage" required to be offered or provided by this Paragraph shall also include coverage for basic hospital care, and coverage for physician care, as well as coverage for healthcare, and shall be the same coverage as is provided to employees employed in a bona fide executive, administrative, or professional capacity by the employer who are exempt from the minimum wage and maximum hour requirements of the federal Fair Labor Standards Act, 29 U.S.C. 201 et seq.
(b) To qualify for a contract pursuant to this Chapter, employers must meet one of the following provisions:
(i) The employer is one of the following industries: biotechnology; biomedical and medical industries serving rural hospitals; micromanufacturing; software, Internet, and telecommunications technologies; clean energy technology; food technologies; and advanced materials.
(ii) The employer is a manufacturer, as defined by North American Industry Classification System (NAICS) codes 113310, 211, 213111, 541360, 311-339, 511-512, and 54171, as the employer's primary function.
(iii) The employer is an oil and gas field services business as defined in North American Industry Classification System (NAICS) code 213112 which has Louisiana as the national or regional headquarters of a multi-state business whose service territory includes at least Louisiana and the Gulf of Mexico.
(iv) The employer has, or will have within one year, sales of at least fifty percent of its total sales to out-of-state customers or buyers, to in-state customers or buyers if the products or service is resold by the purchaser to an out-of-state customer or buyer for ultimate use, or to the federal government. An independent Louisiana-certified public accountant shall annually verify that the contract site meets the out-of-state sales requirement.
(v) The employer is located in a parish which is within the lowest twenty-five percent of parishes based on per capita income. An employer that qualifies for a contract under this Item at the time of the initial quality jobs contract executed pursuant to this Chapter shall remain qualified for a contract through and during the renewal period regardless of any change in the per capita income of the parish.
(vi) The employer is the corporate headquarters of a multi-state business.
(vii) The employer is a business that spends fifty percent or more of its time performing services for its out-of-state parent company. These services include but are not limited to legal, marketing, finance, information technology, order management, distribution center operation, or overall operations support.
(viii) The employer is in the business of maintenance, repair, and overhaul operations for commercial transport aircraft.
(ix) The employer is a COVID-19-impacted retail business that has no more than fifty employees nationwide including affiliates on the date of the filing of the advance notification and which is assigned a North American Industry Classification Code of 44, 45, 721, or 722 and the COVID-19-impacted retail business files or enters into an advance notification on or after July 1, 2020, and on or before December 31, 2021. However, no COVID-19-impacted retail business employer assigned a North American Industry Classification Code of 44, 45, 721, or 722 shall be eligible to earn benefits pursuant to the provisions of this Chapter after June 30, 2023. For purposes of this Section, "COVID-19-impacted retail business" means a for-profit corporation, a limited liability company, a partnership, or a sole proprietorship that had a physical and active operation in Louisiana on March 13, 2020, and ceased operations due to either one of the governor's public health emergency proclamations or a mayor's proclamation or executive order related to the public health emergency, or a decrease in customer activity or the inability to retain sufficient staff due to the COVID-19 public health emergency.
(c) The following employers or persons engaged in the following professions or service industries shall not be eligible for any rebate under this Chapter:
(i)(aa) Retail employers as identified by the North American Industry Classification System code sections 44 and 45.
(bb) Notwithstanding the provisions of Subitem (aa) of this Item, COVID-19-impacted retail employers identified by the North American Industry Classification Code of 44 and 45 that have no more than fifty employees nationwide including affiliates on the date of the filing of the advance notification shall be eligible to participate in this rebate program if such employers file or enter into an advance notification on or after July 1, 2020, and on or before December 31, 2021. However, no COVID-19-impacted retail business employer assigned a North American Industry Classification Code of 44 and 45 shall be eligible to earn benefits pursuant to the provisions of this Chapter after June 30, 2023.
(ii) Business associations and professional organizations as defined in North American Industry Classification System (NAICS) code 8139.
(iii) State and local government enterprises.
(iv) Real estate agents, operators, and lessors.
(v) Automotive rental and leasing.
(vi) Local solid waste disposal, local sewage systems, and local water systems businesses.
(vii) Nonprofit organizations, unless Louisiana Economic Development determines that the new direct jobs created by the organization would have a significant impact on Louisiana.
(viii) Employers engaged in the gaming industry as identified by the North American Industrial Classification System code sections 713210 and 721120.
(ix) Professional Services firms assigned a North American Industry Classification System (NAICS) code beginning with 54 unless the business can demonstrate that more than fifty percent of its services are provided to out-of-state customers or for the corporate headquarters of a multi-state business or if the employer can demonstrate that the company has or will have within one year sales of at least fifty percent of its total sales to out-of-state customers or buyers, to in-state customers or buyers if the products or service is resold by the purchaser to an out-of-state customer or buyer for ultimate use, or to the federal government.
(x) Construction companies, unless the company is the corporate headquarters of a multi-state business or can demonstrate that the company has, or will have within one year, sales of at least fifty percent of its total sales to either out-of-state customers or the federal government.
(xi) All businesses assigned a North American Industry Classification System (NAICS) code beginning with 5613.
(xii) Medical professionals assigned a North American Industry Classification System (NAICS) code beginning with 62, except for those medical professionals engaged in one of the following:
(aa) Biomedical or biotechnology industries.
(bb) Servicing rural hospitals.
(cc) Providing services, or will be providing services within one year, to a patient base that the medical professionals are able to demonstrate is made up of at least fifty percent of out-of-state patients.
(d) Louisiana Economic Development may promulgate rules annually listing other employers, professions, or service industries which are eligible and are not eligible for any rebate pursuant to this Chapter and such rules shall not take effect unless presented to and approved by both the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs in a public meeting held for such purpose.
(3) "Gross payroll" means wages for the new direct jobs as defined herein upon which the particular benefit rate is calculated.
(4) "New direct job" means employment in this state of an employee working at least the average hours per week provided for in R.S. 51:2455(E)(2), who earns at least the benefit rate as defined in this Section and, who was not previously on an employer's payroll in Louisiana, nor previously on the payroll of such employer's parent entity, subsidiary, or affiliate in Louisiana, or previously on the payroll of any business whose physical plant and employees are substantially the same as those of the employer in Louisiana. Such job shall be with an employer that has qualified to receive a rebate pursuant to the provisions of this Chapter, which job did not exist in this state prior to the effective date that the application was filed by the employer with Louisiana Economic Development pursuant to the provisions of R.S. 51:2455 and which job is filled by an individual domiciled in the state of Louisiana. "New direct job" shall not mean any job that is a result of job shifts due to the gain or loss of an in-state contract to supply goods and services. "New direct job" shall not mean any employees who were retained following the acquisition of all or part of an in-state business by an employer.
(5) "Wages" means all remuneration for services from whatever source, including commissions and bonuses and the cash value of all remuneration in any medium other than cash, and dismissal payments which the employer is required by law or contract to make. Gratuities customarily received by an individual in the course of his work from persons other than his employer shall be treated as wages received from his employer. The reasonable cash value of remuneration in any medium other than cash and the reasonable amount of gratuities shall be estimated and determined in accordance with the Internal Revenue Code and its rules and regulations. The term "wages" shall not include the following:
(a) The amount of any payment with respect to services performed after January 1, 1951, to or on behalf of an individual in its employ under a plan or system established by an employer which makes provision for individuals in its employ generally, or for a class or classes of such individuals, including any amount paid by an employer for insurance or annuities, or into a fund to provide for any such payment, on account of:
(i) Retirement.
(ii) Sickness or accident disability.
(iii) Medical and hospitalization expenses in connection with sickness or accident disability.
(iv) Death, provided the individual in its employ:
(aa) Has not the option to receive, instead of provision for such death benefit, any part of such payment or, if such death benefit is insured, any part of the premium or contributions to premiums paid by his employer.
(bb) Has not the right, under the provisions of the plan or system or policy of insurance providing for such death benefit, to assign such benefit or to receive cash consideration in lieu of such benefit either upon his withdrawal from the plan or system providing for such benefit or upon the termination of such plan or system or policy of insurance or of his services with such employer.
(v) A bona fide thrift or savings fund, providing:
(aa) Such payment is conditioned upon a payment of a substantial sum by such individuals in its employ.
(bb) Such sum paid by the employer cannot under the provisions of such plan be withdrawn by an individual more frequently than once in any twelve-month period, except upon an individual's separation from that employment.
(b) Any payment made to, or on behalf of, an employee or his beneficiary under a cafeteria plan of the type described in 26 U.S.C. 125 and referred to in 26 U.S.C. 3306(b)(5)(G).
(c) Any payment made, or benefit furnished, to or for the benefit of an employee if at the time of such payment or such financing it is reasonable to believe that the employee will be able to exclude such payment or benefit from income under an educational assistance program as described in 26 U.S.C. 127 or a dependent care assistance program as described in 26 U.S.C. 129 and as referred to in 26 U.S.C. 3306(b)(13).
(d) The payment by an employer, without deduction from the remuneration of the individual in its employ, of the tax imposed upon such individual in its employ under Section 3101 of the federal Internal Revenue Code with respect to domestic services in a private home of the employer or for agricultural labor performed after December 31, 1980.
(e) Dismissal payments which the employer is not required by law or contract to make.
(f) The value of any meals and lodging furnished by or on behalf of an employer to an individual in his employ, provided the meals and lodging are furnished on the business premises of the employer for the convenience of the employer.
(6) "Healthcare benefits" means the amount of any payment to or on behalf of an individual in its employ under a plan or system established by an employer which makes provision for individuals in its employ generally, or for a class or classes of such individuals, including any amount paid by an employer for insurance or annuities, or into a fund to provide for any such payment for a basic health benefits plan or the health insurance coverage, or the value of the health benefits plan or health insurance coverage offered by the employer to an individual it employs.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2002, 1st Ex. Sess., No. 110, §1, eff. July 1, 2002; Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2003, No. 47, §1, eff. May 22, 2003; Acts 2003, No. 847, §1, eff. July 1, 2003; Acts 2003, No. 1240, §1, eff. July 1, 2003; Acts 2004, No. 899, §1; Acts 2005, No. 326, §1; Acts 2007, No. 387, §1, eff. July 10, 2007; Acts 2009, No. 438, §11(A); Acts 2011, No. 353, §1, eff. June 29, 2011; Acts 2017, No. 386, §3, eff. June 23, 2017; Acts 2018, No. 624, §1; Acts 2020 1st Ex. Sess., No. 29, §1, eff. July 1, 2020.
NOTE: This Section is updated through the 2020 First Extraordinary Session, but is subject to final technical revisions by the Louisiana State Law Institute.
A. The state Board of Commerce and Industry, or its successor, after consultation with the secretaries of Louisiana Works and the Department of Revenue, with the approval of the governor, may enter into a contract with an employer complying with the provisions of this Chapter for a period of up to five years. A contract with an employer shall be limited to a single physical location, and the benefits the employer shall receive shall be based solely upon the operations at that location. An employer may have more than one contract covering multiple locations; however, eligibility of each location shall be determined separately, with the exception that, in determining new direct jobs, the department shall certify that the employer has a net overall increase in employment statewide for each new direct job.
B. A contract may be renewed under any of the following circumstances:
(1) A five-year renewal may be authorized if:
(a) The applicant has complied with all the terms of the contract and has not performed any act, nor failed to perform any act, which would have made the applicant liable for suspension, and has complied with the provisions of this Chapter; and
(b) The statutory minimum hourly wage for the new direct jobs subject to each benefit rate required when the contract was entered into has increased by an amount which is no less than the greater of either of the following:
(i) The percentage increase in the Consumer Price Index published by the United States Department of Labor for the five years of the initial term of the contract, compounded.
(ii) Two percent for the five years of the initial term of the contract, compounded.
(2) If the applicant is a franchise of the National Basketball Association and is a party to an unexpired contract, the existing contract may be renewed or extended for a term commensurate with the term of not more than ten years.
(a) The incentive offered in a contract which is renewed or extended pursuant to the provisions of this Paragraph shall be limited to the payroll-based rebate which is provided in R.S. 51:2455 and, notwithstanding any other provision of this Chapter to the contrary, including R.S. 51:2456(B), no other incentive payment of any type shall be available under such contract.
(b) For any contract renewed or extended pursuant to the provisions of this Paragraph, the secretary of Louisiana Economic Development shall report to the Joint Legislative Committee on the Budget regarding the actual number of jobs for which the franchise received payment under the contract. The report shall be made within six months of the end date of a contract executed pursuant to the provisions of this Paragraph, and no such contract shall be renewed without the report having been provided to the committee. The report shall contain a comparison of the number of new direct jobs reported at the beginning of the contract with the number of new direct jobs reported six months prior to the end date of the contract.
C.(1) No contract shall be executed under this Chapter with an employer who has defaulted on or otherwise not repaid any loan or other obligation involving public funds nor with any employer who has ever declared bankruptcy under which an obligation of the employer to pay or repay public fund or monies was discharged as part of such bankruptcy.
(2) No contract shall be executed under this Chapter with any employer who is in default on any filing or payment with or to the state or any of its agencies or political subdivisions and in which an assessment or judgement that is final and nonappealable has been rendered, and remains outstanding, in favor of the state, or any of its agencies, or political subdivisions.
(3) Violation of the provisions of this Subsection shall void the contract and any rebates paid to the employer prior to the date of discovery of such violation shall be added to the income tax liability of the employer for the taxable year in which the discovery occurred, with interest from the date of violation, and the employer shall receive no further rebates pursuant to this Chapter.
(4) Every contract executed pursuant to this Chapter shall include a requirement that if the employer receives a rebate under this Chapter and an assessment or judgment that is final and nonappealable has been rendered against the employer in favor of the state or any of its agencies or political subdivisions, then the contract shall be suspended pending satisfaction of the assessment or judgment and no rebate shall accrue to the employer under the contract during the period of suspension.
D. Every contract executed pursuant to this Chapter shall include the following requirements:
(1) If the employer receives a rebate under this Chapter and it is subsequently determined that the employer did not qualify for such rebate, the future rebates issued to the employer shall be reduced by the amount of such rebate monies previously received by the employer.
(2) If there are no future rebates from which to deduct the amount owed back to the state, the tax liability of the employer for the taxable period in which the determination was made shall be increased by the amount of such rebate monies previously received by the employer.
(3) The secretary of the Department of Revenue may recover any rebates previously granted to an employer but which rebates are disallowed as authorized by R.S. 47:1561.2. The contract shall provide that the employer shall waive prescription for the purposes of recovering any disallowed rebates.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 2000, No. 46, §2, eff. June 28, 2000; Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2004, No. 699, §§4, 5; Acts 2004, No. 899, §§1, 2; Acts 2007, No. 387, §1, eff. July 10, 2007; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2012, No. 219, §1, eff. May 22, 2012.
NOTE: Subsection A as amended by Acts 2015, No. 126, §2, eff. through June 30, 2018. See Acts 2016, 1st E.S., No. 28.
A.(1) An employer who has entered into a contract may receive a rebate for the taxable periods specified in the contract entered into pursuant to the provisions of this Chapter in an amount which shall be equal to the benefit rate as defined in R.S. 51:2453(1), multiplied by the gross payroll, as defined in R.S. 51:2453(3), of new direct jobs as defined in R.S. 51:2453(4), for the taxable period as verified by Louisiana Economic Development through the use of information provided to it by Louisiana Works. In no instance shall a rebate be determined by multiplying the value of the health care benefits by the benefit rate.
(2) For projects for which an advance notification was filed on or after July 1, 2015, pursuant to this Section, no rebate shall exceed the amount of the benefit rate as defined in R.S. 51:2453(1), multiplied by eighty percent of the gross payroll, as defined in R.S. 51:2453(3), of new direct jobs as defined in R.S. 51:2453(4), for the taxable period as verified by Louisiana Economic Development through the use of information provided to it by Louisiana Works. In no instance shall a rebate be determined by multiplying the value of the health care benefits by the benefit rate.
NOTE: Subsection A as amended by Acts 2015, No. 126, §3, eff. through June 30, 2018. See Acts 2016, 1st E.S., No. 28.
A. An employer who has entered into a contract may receive a rebate for the taxable periods specified in the contract entered into pursuant to the provisions of this Chapter in an amount which shall be equal to the benefit rate as defined in R.S. 51:2453(1), multiplied by the gross payroll, as defined in R.S. 51:2453(3), of new direct jobs as defined in R.S. 51:2453(4), for the taxable period as verified by Louisiana Economic Development through the use of information provided to it by Louisiana Works. In no instance shall a rebate be determined by multiplying the value of the health care benefits by the benefit rate.
B. Notwithstanding anything to the contrary in either Chapter 1 or Chapter 5 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the following rules shall apply with respect to the application of the rebate allowed in Subsection A of this Section:
(1) The incentive rebate allowed a corporation classified under Subchapter S of the Internal Revenue Code of 1954 (26 U.S.C. 1361 et seq.) as an S corporation shall be paid to the S corporation entity and not the individual shareholders of the corporation.
(2) The incentive rebate allowed a partnership, limited liability partnership, or limited liability company shall be paid to such entity and shall not be paid to the individual partners or members of such entity.
C. Notwithstanding any other provision of law to the contrary in Title 47 of the Louisiana Revised Statutes of 1950, as amended, the secretary of the Department of Revenue shall make the rebate authorized in this Section from the current collections of the taxes imposed by Chapter 1 or Chapter 5 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950. The right to such rebate shall not be subject to the requirements of R.S. 47:1621(B).
D.(1) In order to receive a contract for the rebate pursuant to the provisions of this Chapter, an employer shall apply to Louisiana Economic Development. The application shall be on a form prescribed by the department and shall contain such information as may be required by the department to determine if the applicant is qualified.
(2) The application shall contain a sworn statement by a duly authorized officer of the employer listing the names of persons or other entities who have received or who will receive any payment or other consideration from the employer for the purpose of representing the employer in applying for or receiving the benefits provided for in this Chapter.
(3) Applications shall be filed no later than twenty-four months after the filing of the advance notification, except as follows:
(a) For advance notifications filed on or after January 1, 2014, and before January 31, 2014, applications may be filed at any time prior to January 31, 2016.
(b) For advance notifications filed on or after June 1, 2015, and before July 1, 2015, applications may be filed at any time before January 1, 2018.
(c) Upon request, the business shall receive a thirty-day extension of time in which to file its application, provided that the request for extension is received by Louisiana Economic Development no later than the filing deadline.
E. In order to qualify to receive such rebate, the employer applying shall be required to:
(1) Have an annual gross payroll for a minimum of fifteen new direct jobs which equals or exceeds six hundred seventy-five thousand dollars for the employer's fiscal year for which the employer is applying for his third annual rebate. Employers with no more than fifty employees shall have an annual gross payroll for a minimum of five new direct jobs which equals or exceeds two hundred twenty-five thousand dollars for the employer's fiscal year for which the employer is applying for his third annual rebate.
(2) Have a number of full-time employees working an average of thirty or more hours per week in new direct jobs equal to or in excess of seventy percent of the total number of new direct jobs in order to qualify.
F. The department shall determine if the applicant is qualified to receive rebates authorized in this Chapter.
G. Upon approval of such an application, Louisiana Economic Development shall notify the Department of Revenue and shall provide it with a copy of the application. The Department of Revenue may require the qualified employer to submit such additional information as may be necessary to administer the provisions of this Chapter. The approved employer shall file applications for rebates with Louisiana Economic Development to show its continued eligibility for the rebates, as provided in R.S. 51:2457. The employer may be audited by Louisiana Economic Development to verify such eligibility. The approved contract between the employer and Louisiana Economic Development shall authorize the continued rebate as long as the employer retains its eligibility as defined in and established pursuant to this Section and R.S. 51:2453 and 2457 and within the limitations contained in this Chapter, as it existed at the time of such approval.
H. An employer's benefit rate shall be determined annually using employer information from the employer's fiscal year for which the rebate is claimed.
I. Due to the impacts of COVID-19 and hurricanes Laura and Delta, Louisiana Economic Development shall provide an option to employers with an active agreement to extend the third annual rebate filing period required in Subsection E of this Section for an additional twelve months. This option shall be available only to employers that have an executed quality jobs incentive rebate contract with a due date impacted by COVID-19 Emergency Proclamations, Hurricane Laura, or Hurricane Delta and that notify the department of their preference in writing prior to the original certification due date, but not later than December 31, 2021. Notification to the department shall be in a manner consistent with the provisions of their existing contract.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2000, No. 46, §2, eff. June 28, 2000; Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2007, No. 387, §1, eff. July 10, 2007; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2011, No. 353, §1, eff. June 29, 2011; Acts 2015, No. 126, §2, eff. July 1, 2015; §3, eff. July 1, 2018; Acts 2016, 1st Ex. Sess., No. 28, §2, eff. April 1, 2016; Acts 2017, No. 386, §3, eff. June 23, 2017; Acts 2018, 2nd Ex. Sess., No. 11, §1, eff. June 12, 2018; Acts 2020 1st Ex.Sess., No. 23, §1, eff. July 1, 2020; Acts 2020, 2nd Ex. Sess., No. 41, §1, eff. Oct. 28, 2020.
NOTE: See Acts 2018 2nd Ex. Sess., No. 11, §§2 and 4.
A. The rebates authorized in this Chapter shall be paid annually after the employer has filed its application for annual rebate at the end of the employer's fiscal year with Louisiana Economic Development and the department has determined from the information submitted along with such application as provided for in R.S. 51:2457 that the employer is eligible for such rebate for such year.
B.(1) In addition to the rebates provided in this Chapter, an employer who has executed a contract under the provisions of this Chapter and who meets the requirements of R.S. 51:2455(E) shall be entitled to either:
(a)(i) The rebate of sales and use taxes imposed by the state, and imposed by any political subdivision as provided for in Item (B)(1)(a)(ii) of this Section, on purchases of materials used in the construction of a building, or any addition or improvement thereon, for housing any legitimate business enterprise and machinery and equipment used in that enterprise.
(ii) When an advance notification to file an application for benefits under this Chapter is received by the department, the department shall notify the appropriate local governing body, including the office of the sheriff in the case of a law enforcement district, of receipt of the advance notification. An endorsement resolution or letter of approval shall be submitted by the appropriate local governing body within ninety days of receipt of notification from the department that an advance notification to file an application for benefits under this Chapter has been received. If a local governing body fails to submit an endorsement resolution, written reasons for denial, or a written request for delay of consideration of the application within the time allowed, the board may unilaterally approve or deny the request for the rebate of the sales and use taxes imposed by the state only. In the event that all local sales and use taxes are dedicated and are unavailable to be rebated, no endorsement resolution shall be required of a local governing authority before the board considers its application for benefits under this Chapter.
(iii) All requests for a rebate of local sales and use taxes shall be accompanied by the endorsement resolution or letter of approval from the appropriate local governing body in whose jurisdiction the establishment is to be located.
(b)(i) A project facility expense rebate equal to one and one-half percent of the amount of qualified capital expenditures for the facility or facilities designated in the contract.
(ii) For purposes of this Subsection, the term "qualified capital expenditures" shall mean the amounts classified as capital expenditures for federal income tax purposes that are related to the project, plus exclusions from capitalization provided for in Internal Revenue Code Section 263 (a)(1)(A) through (L), minus the capitalized cost of land, capitalized leases of land, capitalized interest, capitalized costs of manufacturing machinery and equipment, to the extent the capitalized costs of manufacturing machinery and equipment are excluded from sales and use tax pursuant to R.S. 47:301(3), and the capitalized cost for the purchase of an existing building. If a business purchases an existing building and capital expenditures are used to rehabilitate the building, only the cost of the rehabilitation shall be considered qualified capital expenditures.
(iii) A qualified business shall be allowed to increase its qualified capital expenditures to the extent the qualified business' capitalized basis is properly reduced by claiming a federal credit.
Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2007, No. 400, §1, eff. July 10, 2007; Acts 2016, No. 663, §1, eff. July 1, 2016.
A. Payroll rebate.
(1) After the end of the fiscal year of an employer for which an employer has qualified to receive a payroll rebate, the employer shall file an application for the annual rebate as required in R.S. 51:2456 with Louisiana Economic Development.
(2) The application shall contain a sworn statement by a duly authorized officer of the employer concerning with respect to the employer's fiscal year:
(a) That the employer remained a qualified employer under the provisions of R.S. 51:2453(2)(b) and (c), and shall state the nature of the employer's qualification.
(b) The total number of and the gross payroll of:
(i) New direct jobs created which were paid a total of at least eighteen dollars per hour.
(ii) New direct jobs created which were paid a total of at least twenty-one dollars and sixty-six cents per hour.
(c) The number of full-time employees working an average of thirty or more hours per week in new direct jobs.
(d) That the employer had or maintained a net overall increase in employment statewide for each new direct job and the number of such net overall increase, in the case where an employer has contracts covering multiple locations.
(e) That employees holding the new direct jobs:
(i) Were paid wages in cash, which met the other requirements of R.S. 51:2453(5).
(ii) Were domiciled in the state of Louisiana, if required.
(iii) Were not previously on the employer's payroll.
(iv) Were not previously on the payroll of the employer's parent entity, subsidiary, or affiliate, or previously on the payroll of the business whose physical plant and employees were substantially the same as those of the employer.
(v) Did not exist as of the date that the employer filed the application for a contract with Louisiana Economic Development pursuant to R.S. 51:2455.
(vi) Were not jobs created as a result of job shifts due to the gain or loss of an in-state contract to supply goods and services.
(vii) Were not jobs retained following the acquisition of all or part of an in-state business by the employer.
(f) That the employer has offered the basic health benefits plan or the health insurance coverage as defined in R.S. 51:2453(2)(a) to the individuals it employs in new direct jobs including coverage for basic hospital care and for physician care, as well as offered the health insurance coverage as follows:
(i) That the employer has offered a basic health benefits plan that is in compliance with federally mandated healthcare requirements or, if no federally mandated healthcare requirements exist, is determined to have a value of not less than one dollar and twenty-five cents per hour for full-time employees.
(ii) That the employer has offered health insurance coverage for the dependents of full-time employees.
(g) That the employer:
(i) Did not default on or otherwise not repay any loan or other obligation involving public funds.
(ii) Has not declared bankruptcy under which an obligation of the employer to pay or repay public funds or monies was discharged as part of such bankruptcy.
(iii) Is not in default on any filing or payment with or to the state or any of its agencies or political subdivisions in which such assessment or judgment is final and nonappealable and remains outstanding.
(h) That the employer meets the requirements of R.S. 51:2453(2)(b) and is not excluded by R.S. 51:2453(2)(c).
(3) The department may request such additional information from the employer as may be necessary to determine whether the application is correct and whether the employer is eligible for the annual rebate for that year, or may request that the employer revise its application.
(4) Upon approval of the application for the annual rebate, the application shall be forwarded to the Department of Revenue for payment. The Department of Revenue shall make payment of the rebate after offset, if applicable, under R.S. 47:1622. The rebate shall be considered a refundable overpayment for the purpose of such offset.
(5) If the actual verified gross payroll for the employer's fiscal year for which the employer is applying for his third annual rebate does not show a minimum of fifteen new direct jobs and is not of an amount which equals or exceeds a total of six hundred seventy-five thousand dollars of new direct jobs payroll, or, where applicable according to R.S. 51:2455(E)(1), does not show a minimum of five new direct jobs and is not of an amount which equals or exceeds two hundred twenty-five thousand dollars of new direct jobs payroll, the tax liability for the tax period in which the failure to show such minimum occurs shall be increased by the amount of rebates previously allowed. If at any other time during the ten-year period when the employer applies for a rebate at the end of the employer's fiscal year, the actual verified gross payroll for such fiscal year does not show the minimum required new direct jobs or the minimum required new direct jobs payroll in accordance with R.S. 51:2455(E)(1) the rebates shall be suspended and shall not be resumed until such time as the minimum required new direct jobs and the minimum required new direct jobs payroll in accordance with R.S. 51:2455(E)(1) are verified. No rebate shall accrue or be paid to the employer during a period of suspension.
(6) An employer that has qualified pursuant to R.S. 51:2455 is eligible to receive rebates under this Chapter only in accordance with the provisions under which it initially applied and was approved. If an employer that is receiving rebates expands, it may apply for additional rebates based on the gross payroll anticipated from the expansion only, pursuant to R.S. 51:2455.
B. Issuance of state sales and use tax rebate.
(1) Qualifying purchases of material used in the construction, addition, or improvement of a building made on or after the effective date of the contract shall be eligible for the rebate and shall be included in the application for payment of the rebate of sales and use taxes.
(2) Application for the final payment of the rebate of state sales and use taxes granted pursuant to this Section shall be filed no later than six months after Louisiana Economic Development signs a project completion report and it is received by the Department of Revenue, the political subdivision, and the business, or no later than thirty days after the end of the calendar year in the case of customer-owned tooling used in a compression-molding process. The project completion report shall not be signed until the project is complete and the contract has been approved by the board and the governor.
(3) Requests for rebates of state sales and use taxes pursuant to this Section shall be processed by the Department of Revenue as follows:
(a) A properly completed rebate request shall be submitted to the Department of Revenue on forms provided by the Department of Revenue. A properly completed rebate request shall mean a rebate request that is signed and includes the general information required on the face of the request, a copy of the executed incentive contract, a copy of each invoice over fifteen thousand dollars, and all required schedules. The request shall be submitted electronically unless the secretary of the Department of Revenue authorizes submission of the request in an alternate form.
(b) Within sixty days of receipt of a properly completed rebate request, the Department of Revenue shall rebate eighty percent of the total amount claimed for rebate in the rebate request. Within six months of the date of filing the rebate request, the Department of Revenue shall audit the rebate request. During the six-month period, the Department of Revenue shall disallow items determined to be ineligible for rebate. Within ten business days following the expiration of the six-month period, the Department of Revenue shall rebate the remaining twenty percent of the amount claimed on the rebate request less any amounts properly disallowed during the six-month audit period. The Department of Revenue shall make the rebates from the current collections of the taxes collected pursuant to Chapter 2, Chapter 2-A, or Chapter 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, as amended. Any sales and use tax rebate issued pursuant to this Section shall be subject to subsequent audit by the Department of Revenue, and any rebate amount determined to be in excess of the amount that should have been allowed shall be subject to collection by the Department of Revenue.
(c) Failure of the Department of Revenue to timely pay rebates as provided in this Paragraph shall entitle the taxpayer to interest, which shall begin to accrue six months after the completed rebate request is received at the rate established pursuant to the provisions of R.S. 13:4202. Payments of interest authorized according to the provisions of this Section shall be made from the current collections of taxes collected pursuant to Chapter 2, Chapter 2-A, or Chapter 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, as amended.
C. Issuance of project facility expense rebate.
(1) Application for the payment of the project facility expense rebate granted pursuant to this Section shall be filed no later than six months after Louisiana Economic Development signs a project completion report and it is received by the Department of Revenue, the political subdivision, and the business. The project completion report shall not be signed until the project is complete and the contract has been approved by the board and the governor.
(2) Requests for the project facility expense rebate pursuant to this Section shall be processed by the Department of Revenue as follows:
(a) A properly completed project facility expense rebate request shall be submitted to the Department of Revenue on forms provided by the Department of Revenue. A properly completed project facility expense rebate request shall mean a rebate request that is signed and includes the general information required on the face of the request, a copy of the executed incentive contract, and a copy of all required schedules. The request shall be submitted electronically unless the secretary of the Department of Revenue authorizes submission of the request in an alternate form.
(b) The Department of Revenue shall make the rebate payment from the current collections of the taxes collected pursuant to Chapter 2, Chapter 2-A, or Chapter 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, as amended.
D. Extensions of application filing deadlines.
For purposes of filing the application provided for in Subsections B and C of this Section, upon request, the business filing the application shall be granted a thirty-day extension of time in which to file its application, provided the request for extension is received by the Department of Revenue prior to the expiration of the filing period. In addition to the thirty-day extension, the Department of Revenue is authorized to grant the business an additional extension of time, not to exceed sixty days, in which to file its application, provided that the business provides reasonable cause for the granting of the additional extension.
E. Issuance Local Sales and Use Tax Rebate.
(1) Within ninety days from the date that a properly completed rebate request submitted by a taxpayer is received by the appropriate local taxing authority, the taxing authority shall review the rebate request and issue a rebate to the taxpayer for allowed items and shall notify the taxpayer of any disallowed items. For purposes of this Subsection, a properly completed rebate request shall mean a rebate request that is signed and includes the general information required on the face of the request, a copy of each invoice, and all required schedules.
(2) A taxpayer requesting reconsideration of any disallowed item shall do so within sixty days from receipt of the notification of the disallowed items by resubmitting a properly completed rebate request for the disallowed items to the taxing authority for reconsideration. The time periods for reconsideration of disallowed items in a rebate request shall be the same as the time periods for consideration of the initial rebate request.
(3) Rebate requests may be submitted electronically with the approval of the local taxing authority.
(4) Failure by a local taxing authority to timely process and pay a local sales and use tax rebate in accordance with the provisions of this Subsection shall entitle the taxpayer to interest on the amount of the allowed items contained in the properly completed rebate request. Interest shall begin to accrue on the date the properly completed rebate request or reconsideration of disallowed items in a properly completed rebate request is received by the taxing authority at the rate established pursuant to the provisions of R.S. 13:4202.
(5) Sales and use taxes imposed by a political subdivision that are dedicated to the repayment of bonded indebtedness or dedicated to schools shall not be eligible for rebate. All other state and local sales and use taxes shall be eligible for rebate.
(6) No governing authority of a political subdivision or sheriff's office shall charge any fee or require any employment practice that conflicts with state or federal law as a precondition to authorizing tax benefits under this Chapter. The governing authority of each political subdivision or sheriff's office shall, after all requirements of this Chapter have been met, promptly rebate any sales and use taxes to the entity entitled to such rebate.
F. Violation of terms of the contract.
If a collecting agency receives notice that the rebate, or any part thereof, has ceased by reason of a violation of the terms of the contract under which the rebate was granted, then the amount of the rebate for the year in which the violation occurred and for each year thereafter in which the violation is not remedied shall be considered a tax due as of December thirty-first of the year in which the violation occurred, and for each year thereafter in which a rebate is received and the violation is not remedied, and it shall be collected by the collecting agencies in the same manner and subject to the same provisions for the collection of other tax debts.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2007, No. 387, §1, eff. July 10, 2007; Acts 2011, No. 353, §1, eff. June 29, 2011; Acts 2016, No. 663, §1, eff. July 1, 2016; Acts 2017, No. 386, §3, eff. June 23, 2017; Acts 2018, 2nd Ex. Sess., No. 11, §1, eff. June 12, 2018.
NOTE: See Acts 2011, No. 353, §2, relative to applicability.
NOTE: See Acts 2018 2nd E.S., No. 11, §§2 and 4.
Notwithstanding any other provision of law and except as provided in R.S. 51:2456(B), a qualified employer who receives a rebate pursuant to the provisions of this Chapter shall not be eligible to receive the other credits or exemptions provided for in the following provisions of law in connection with the activity for which the rebate was received:
(1) R.S. 47:34 (tax credit for generation of new jobs in Louisiana).
(2) Repealed by Acts 2009, No. 469, §2, eff. July 9, 2009.
(3) R.S. 47:4301 through 4306 (contracts for tax exemption for manufacturing establishments by Board of Commerce and Industry).
(4) R.S. 47:6004 (employer credit for employment of previously unemployed person).
(5) R.S. 47:6009 (Louisiana basic skills training tax credit -- income tax credit).
(6) R.S. 47:6010 (employer income tax credit for employee alcohol and substance abuse treatment programs).
(7) R.S. 51:1787 (incentives tax exemption from sales and use tax materials to be used in the construction of a building and for machinery and income tax credit for each employee in enterprise zone).
(8) R.S. 47:287.748 (re-entrant jobs credit for formerly incarcerated employees -- corporate income tax).
(9) R.S. 47:287.749 (corporate income tax credit for new jobs).
(10) R.S. 47:287.753 (neighborhood assistance income tax credit).
(11) An employer shall not receive any other nondiscretionary statutory incentive administered by Louisiana Economic Development for any payroll expenditures for which the employer has received a credit pursuant to this Section.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2009, No. 469, §2, eff. July 9, 2009; Acts 2017, No. 386, §3, eff. June 23, 2017.
Louisiana Economic Development, the Department of Revenue, and Louisiana Works shall each promulgate such rules as may be necessary to implement the provisions of this Chapter. However, prior to such rules taking effect all rules shall be approved by the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2008, No. 743, §7, eff. July 1, 2008.
A. Any person making an application, claim for a rebate, or any report, return, statement, or other instrument or providing any other information pursuant to the provisions of this Chapter who willfully makes a false or fraudulent application, claim, report, return, statement, invoice, or other instrument or who willfully provides any false or fraudulent information, any person who willfully aids or abets another in making such false or fraudulent application, claim, report, return, statement, invoice, or other instrument, or any person who willfully aids or abets another in providing any false or fraudulent information, shall be guilty, upon conviction, of a felony and shall be punished by the imposition of a fine of not less than one thousand dollars and not more than fifty thousand dollars, or imprisoned for not less than two years and not more than five years, or both.
B. Any person convicted of a violation of this Section shall be liable for the repayment of all rebates which were granted to the employer. Interest shall be due on such rebates at the rate of fifteen percent per annum.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002.
No new advance notifications under this Chapter shall be accepted by Louisiana Economic Development after June 30, 2025. However, an employer that was approved by the department to receive incentives under the program on or before June 30, 2025, shall continue to receive incentives pursuant to the terms of its agreement with the state of Louisiana as long as the employer retains its eligibility.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §32, eff. May 7, 1996; Acts 1997, No. 596, §1; Acts 1998, No. 36, §1, eff. June 29, 1998; Acts 2000, No. 46, §2, eff. June 28, 2000; Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2004, No. 13, §1387; Acts 2007, No. 387, §1, eff. July 10, 2007; Acts 2007, No. 400, §1, eff. July 10, 2007; Acts 2010, No. 1034, §2; Acts 2011, No. 410, §1; Acts 2016, No. 663, §1, eff. July 1, 2016; Acts 2017, No. 386, §2, eff. June 23, 2017; Acts 2022, No. 254, §1, eff. June 3, 2022; Acts 2024, 3rd Ex. Sess., No. 5, §2, eff. Jan. 1, 2025; Acts 2024, 3rd Ex. Sess., No. 11, §3, eff. Dec. 4, 2024.
A. The provisions of this Chapter, as amended by Act No. 387 of the 2007 Regular Session, shall apply to every contract executed on or after June 30, 2007, except as provided for in Subsection B of this Section.
B. The provisions of this Chapter and rules adopted, as they existed prior to the enactment of amendments contained in Act No. 387 of the 2007 Regular Session may apply to contracts or advance notification that were executed or filed prior to June 30, 2008, however the employer has the option of amending its existing contract or at the time of the execution of the original contract or renewal of such contract adopting the terms of the Chapter as amended.
Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2007, No. 387, §1, eff. July 10, 2007.
This Chapter shall be known and may be cited as the "Louisiana Equal Housing Opportunity Act".
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1997, No. 1141, §1, eff. July 1, 1999.
A. The legislature finds and declares that persons in this state who seek a place to live should be able to find such housing whenever it is available. Further, in many localities there may be housing shortages. All persons should therefore be able to compete for available housing on an open, fair, and equitable basis, regardless of race, color, religion, sex, disability, familial status, national origin, military status, or natural, protective, or cultural hairstyle.
B. It is therefore declared to be the policy of Louisiana that there is a legitimate governmental interest in protecting the welfare of the people of Louisiana by enacting equal housing opportunity legislation to discourage discriminatory housing practices.
C. It is the policy of the state of Louisiana to provide, within state and federal constitutional limitations, for fair and equal housing opportunity throughout the state.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1997, No. 1141, §1, eff. July 1, 1999; Acts 2014, No. 811, §28, eff. June 23, 2014; Acts 2022, No. 529, §3; Acts 2025, No. 100, §4.
As used in this Chapter:
(1) "Aggrieved person" includes any person who:
(a) Claims to have been injured by a discriminatory housing practice; or
(b) Believes that he will be injured by a discriminatory housing practice that is about to occur.
(2) "Complainant" means that person who files a complaint pursuant to R.S. 51:2611.
(3) "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the attorney general or his designee.
(4) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.
(5)(a) "Disability" means, with respect to a person:
(i) A physical or mental impairment which substantially limits one or more of such person's major life activities.
(ii) A record of having such an impairment; or
(iii) Being regarded as having such an impairment,
(b) Such term does not include current, illegal use of, or addiction to a controlled substance as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802.
(6) "Discriminatory housing practice" means an act that is unlawful pursuant to R.S. 51:2606 through 2609.
(7) "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon at any such building, structure, or portion thereof.
(8)(a) "Familial status" means one or more individuals, who have not attained the age of eighteen years, being domiciled with:
(i) A parent or another person having legal custody of such individual or individuals; or
(ii) The designee of such parent or other person having such custody, with the written permission of such parent or other person.
(b) The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years.
(9) "Family" includes a single individual.
(10) "Military status" means status as:
(a) A member of the uniformed forces, as defined in 10 U.S.C. 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. 10101.
(b) A dependent as defined in 50 U.S.C. 3911(4) except that the support provided by the service member to the individual shall have been provided one hundred eighty days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this Section instead of one hundred eighty days immediately preceding an application for relief under 50 U.S.C. Chapter 50.
(11) "Natural, protective, or cultural hairstyle" shall include but is not limited to afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance.
(12) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.
(13) "Respondent" means the person or other entity accused in a complaint of a discriminatory housing practice, or, any other person or entity identified in the course of an investigation and notified that they are a respondent who shall be joined in the complaint.
(14) "To rent" includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises owned by the occupant.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1992, No. 569, §1; Acts 2014, No. 811, §28, eff. July 23, 2014; Acts 2022, No. 529, §3; Acts 2025, No. 100, §4.
A. Subject to the provisions of Subsection B of this Section and R.S. 51:2605, the prohibitions against discrimination in the sale or rental of housing set forth in R.S. 51:2606 shall apply to:
(1) Dwellings owned or operated by the federal government, this state, or by any political subdivision of this state.
(2) Dwellings financed in whole or in part with the aid of loans, advances, grants, or contributions made by:
(a) This state or any political subdivision of this state.
(b) The federal government under agreements entered into after November 20, 1962, unless payment due thereon has been made in full prior to April 11, 1968.
(3) Dwellings provided in whole or in part by loans insured, guaranteed, or otherwise secured by the credit of the federal government under agreements entered into after November 20, 1962, unless payment thereon has been made in full prior to April 11, 1968; provided that nothing contained in Paragraphs (2) and (3) of this Subsection shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgages held by an institution insured by the Federal Deposit Insurance Corporation.
(4) Dwellings provided by the development or the redevelopment of real property purchased, rented, or otherwise obtained from a state or local public agency receiving federal financial assistance for slum clearance or urban renewal with respect to such real property under loan or grant contracts entered into after November 20, 1962.
(5) All other dwellings except as exempted by Subsection B of this Section.
B. Nothing in R.S. 51:2606, except Paragraph A(3) thereof, shall apply to any of the following dwellings:
(1) Any single-family house sold or rented by an owner, provided that such private individual owner does not own more than three such single-family houses at any one time; provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this Paragraph shall apply only with respect to one such sale within any twenty-four month period; provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time; provided further that the sale or rental of any such single-family house shall be excepted from the application of this provision only if such house is sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker or salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, salesperson, or person and without the publication, posting, or mailing of any advertisement or written notice in violation of R.S. 51:2606(A)(3), but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as is necessary to perfect or transfer the title.
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters at his residence.
C. For the purposes of Subsection B of this Section, a person shall be deemed to be in the business of selling or renting dwellings if any of the following situations exist:
(1) He has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein.
(2) He has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein.
(3) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992.
A. Nothing in this Chapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin.
B. Nothing in this Chapter shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
C. Nothing in this Chapter limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision in this Chapter regarding familial status apply with respect to dwellings provided under any state or federal program specifically designed and operated to assist elderly persons, as defined in the state or federal program, or to housing for older persons. As used in this Subsection, "housing for older persons" means housing communities consisting of dwellings either:
(1)(a) Intended for, and at least eighty percent occupied by, at least one person who is fifty-five years of age or older per unit and providing significant facilities and services specifically designed to meet the physical or social needs of such persons; and
(b) The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years or older; or
(2) Intended for and occupied solely by persons sixty-two years of age or older.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1992, No. 569, §1.
A. As made applicable by R.S. 51:2604, and except as exempted by R.S. 51:2604(B) and 2605, it is unlawful:
(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, national origin, military status, or natural, protective, or cultural hairstyle.
(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, national origin, military status, or natural, protective, or cultural hairstyle.
(3) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, national origin, military status, or natural, protective, or cultural hairstyle, or an intention to make any such preference, limitation, or discrimination.
(4) To represent to any person because of race, color, religion, sex, disability, familial status, national origin, military status, or natural, protective, or cultural hairstyle that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status, national origin, military status, or natural, protective, or cultural hairstyle.
(6)(a) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:
(i) That buyer or renter;
(ii) A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(iii) Any person associated with that buyer or renter.
(b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of:
(i) That person;
(ii) A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(iii) Any person associated with that person.
(c) For purposes of this Paragraph, discrimination includes:
(i) A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;
(ii) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
(iii) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:
(aa) The public use and common use portions of such dwellings are readily accessible to and usable by persons with disabilities.
(bb) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by persons who use wheelchairs.
(cc) All premises within such dwellings contain the following features of adaptive design:
(I) An accessible route into and through the dwelling;
(II) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(III) Reinforcements in bathroom walls to allow later installation of grab bars; and
(IV) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
(d) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for persons with disabilities (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of R.S. 51:2606(A)(6)(c)(iii)(cc).
(e) For purposes of Paragraph (6), the term "covered multifamily dwellings" means buildings consisting of four or more units if such buildings have one or more elevators, and ground floor units in other buildings consisting of four or more units.
B. Nothing in this Section shall be construed to invalidate or limit any law of this state or a political subdivision of this state that requires dwellings to be designed and constructed in a manner that affords persons with disabilities greater access than is required by this Section.
C. Nothing in this Section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1992, No. 569, §1; Acts 2014, No. 811, §28, eff. June 23, 2014; Acts 2022, No. 529, §3; Acts 2025, No. 100, §4.
A. It is unlawful for any person or other entity whose business includes engaging in residential real estate related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, disability, familial status, national origin, military status, or natural, protective, or cultural hairstyle.
B. As used in this Section, the term "residential real estate related transaction" means any of the following:
(1) The making or purchasing of loans or providing other financial assistance:
(a) For purchasing, constructing, improving, repairing, or maintaining a dwelling.
(b) Secured by residential real estate.
(2) The selling, brokering, or appraising of residential real property.
C. Nothing in this Chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, disability, military status, or familial status.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 2014, No. 811, §28, eff. June 23, 2014; Acts 2022, No. 529, §3; Acts 2025, No. 100, §4.
It is unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, disability, familial status, national origin, military status, or natural, protective, or cultural hairstyle.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 2014, No. 811, §28, eff. June 23, 2014; Acts 2022, No. 529, §3; Acts 2025, No. 100, §4.
It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this Chapter.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992.
A. The authority and responsibility for administering this Chapter are with the Louisiana Department of Justice, office of the attorney general.
B.(1) The attorney general may delegate to the employees of his office, or, with the approval of the governor, to employees of the office of the governor or to boards or agencies under the authority of the governor, the functions, duties, and powers with respect to mediating, investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this Chapter. In developing mediation procedures to resolve complaints filed pursuant to this Chapter, the attorney general may request the assistance of members of the real estate and housing industry and other interested persons.
(2) For purposes of mediation, under this Chapter, the attorney general shall appoint a panel, consisting of three members who are government employees, who shall serve at his pleasure. The members of the panel shall be employees of the attorney general's office.
C. All state, parish, and local departments and agencies shall administer their programs and activities relating to housing and urban development in a manner to further the purposes of this Chapter and shall cooperate with the attorney general to further these purposes.
D. The attorney general may:
(1) Make studies with respect to the nature and extent of discriminatory housing practices in representative communities, urban, suburban, and rural, throughout the state.
(2) Publish and disseminate reports, recommendations, and information derived from such studies.
(3) Cooperate with and render technical assistance to federal, state, local, and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices.
(4) Cooperate with and enter into agreements with the United States Department of Housing and Urban Development and other United States agencies and enter into intergovernmental agreements with state and local agencies interested in practices governed by this Chapter, accept monies from these agencies and carry out and perform the covenants and conditions of any written agreement with such agencies not inconsistent with or beyond the provisions of this Chapter.
(5) Administer the programs and activities relating to housing in a manner affirmatively to further the policies of this Chapter.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1992, No. 569, §1.
A. An aggrieved person claiming to have been injured by a discriminatory housing practice, or who believes that he will be injured by a discriminatory housing practice that is about to occur, may file a complaint with the attorney general. The civil rights section may also file a complaint on behalf of any person. On receipt of the complaint, the attorney general shall:
(1) Give the aggrieved person notice that the complaint has been filed and advise the aggrieved person of the time limits and choice of forums under this Chapter.
(2) Not later than ten days after the filing of the complaint, serve the respondent a notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this Chapter, together with a copy of the original complaint.
B. A complaint pursuant to Subsection A of this Section shall be filed not later than one year after the alleged discriminatory housing practice occurs. A complaint shall be in writing and shall state the facts on which the allegations of a discriminatory housing practice are based. The complaint shall contain any other information and be in the form that the attorney general requires. The complaint may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him not later than the tenth day after receipt of the notice and copy pursuant to Paragraph A(2) and, with the consent of the attorney general, which shall be granted if it would be reasonable and fair to do so, may amend his answer at any time. The attorney general may require both complaints and answers to be verified.
C.(1) Within ten days after the receipt of the respondent's answer or, if no answer is filed within the time prescribed in Subsection B, within five days after the expiration of such time, the attorney general, or a certified agency, if the complaint has been referred pursuant to this Subsection, must refer the complaint to a mediation panel under this Subsection. If the parties agree to a settlement through mediation, and the mediated settlement is in writing and signed by both parties, the attorney general shall dismiss the complaint, if the attorney general approves the agreement and finds it to be in the public interest.
(2) If the complaint has not been resolved through mediation within thirty days after referral to the mediation panel, it must be returned to the attorney general or certified agency for investigation, which shall commence immediately. If the complaint is returned to the attorney general, he shall investigate the complaint and may proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and mediation. If the attorney general determines after investigation that there is not reasonable cause to believe that the complaint is true, he shall enter an order dismissing the complaint and shall notify the complainant and the respondent of his action. If the attorney general determines after investigation that there is reasonable cause to believe that the complaint is true, he shall enter an order containing his findings of fact and shall endeavor to eliminate the alleged unlawful housing practice by informal methods of conference, conciliation, and persuasion.
(3) Nothing said or done in the course of these informal endeavors may be made public, provided that if a civil action resulting from a complaint is commenced in any federal or state court, evidence collected by or submitted to the attorney general during investigation of the complaint and the source of the evidence are discoverable by the parties to the civil action in accordance with applicable rules of evidence, procedure, and discovery.
D.(1) If a complaint alleges a discriminatory housing practice within the jurisdiction of a local public agency which has been certified by the attorney general under this Subsection, and the local public agency has entered into an intergovernmental agreement pursuant to R.S. 51:2610(D)(4), the attorney general may refer the complaint to that certified agency before taking any action with respect to the complaint. The attorney general shall take no further action with respect to the complaint unless the certified agency has not acted in a timely fashion after the date the complaint was received or unless the attorney general determines that the certified agency no longer qualifies for certification under this Subsection under the circumstance of a particular case, or the rights of the parties or interest of justice requires this action.
(2) In order to determine that the substantive rights protected by the agency, the procedures followed by the agency, the remedies available to the agency, and the availability of judicial review of the agency's action are substantially equivalent to those established by this Chapter and qualify the agency for this certification, the attorney general shall take into account the current practices and past performance, if any, of the agency.
E. All conciliation agreements shall provide that the complainant waives, releases, and covenants not to sue the respondent or claim against the respondent in any forum with respect to the matters which were alleged as complaints filed with the attorney general, subject to performance by the respondent of the promises and representations contained in the conciliation agreement. All conciliation agreements shall be in writing and agreed to by the complainant, the respondent, and the attorney general or his designee.
F. The attorney general shall complete the investigation of an alleged discriminatory housing practice within one hundred days after the filing of the complaint or, when the attorney general takes further action pursuant to Subsection D, within one hundred days after the commencement of such further action, unless it is impracticable to do so.
G. If the attorney general is unable to complete the investigation within the time period set forth in Subsection F, the attorney general shall notify the parties in writing of the reasons for not doing so.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1992, No. 569, §1.
A. In conducting an investigation, the section or its duly authorized employees shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation. The section may issue interrogatories to a respondent to the same extent and subject to the same limitations as would apply if the interrogatories were issued or served in aid of a civil action in the state district courts for the district in which the investigation is taking place.
B. The section, on its own initiative, or on application of any party to the proceeding, may issue subpoenas compelling the attendance and testimony of witnesses or requiring the production of documents for examination or copying. Within five days after the service of a subpoena on any person, the person may petition the section to revoke, limit, or modify the subpoena. The section shall revoke, limit, or modify the subpoena if in its opinion the evidence required does not relate to unlawful practices covered by this Chapter, is not relevant to the complaint which is the subject matter of the investigation, does not describe with sufficient particularity the evidence that is subpoenaed, is unduly burdensome or oppressive, or for other good reason. Any member of the section or any agent designated by the section may administer oaths or affirmations, examine witnesses, and receive the evidence.
C. Witnesses summoned by subpoena of the section shall be entitled to the same witness and mileage fees as are witnesses in proceedings in state district courts. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by that party.
D. In case of contumacy or refusal to obey a subpoena, the section or other person at whose request it was issued may petition for its enforcement in the state district court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business.
E. Any person appearing before the section may be represented by counsel.
F. The district court, on application by the section or by the person subpoenaed, has jurisdiction to issue an order revoking, limiting, or modifying the subpoena or conditioning issuance of the subpoena on payment of costs or expenses incurred to comply with the subpoena, if in the court's opinion the evidence required does not relate to unlawful practices covered by this Chapter, is not relevant to the complaint which is the subject matter of the investigation, does not describe with sufficient particularity the evidence that is subpoenaed, is unduly burdensome or oppressive, or for other good reason.
G. Complaints, orders, and other process and papers of the section or the agent of the section may be served either personally or by certified mail or by commercial courier as defined in R.S. 13:3204(D), when the person to be served is located outside of this state. The verified return by the individual serving the complaints, orders, process, or papers, setting forth the manner of the service, is proof of service. The return post office receipt, if certified and mailed as provided in this Subsection, is proof of service.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1992, No. 569, §1; Acts 1999, No. 395, §6.
A. If no complaint has been filed with the attorney general pursuant to R.S. 51:2611, an aggrieved person may commence a civil action for enforcement of the rights granted pursuant to this Chapter in an appropriate state court of general jurisdiction within two years after the alleged discriminatory housing practice occurred.
B. An action to obtain relief arising from a breach of conciliation agreement entered into pursuant to this Chapter may be commenced in an appropriate state court of general jurisdiction within one year after the alleged breach.
C. If a complaint filed with the attorney general pursuant to R.S. 51:2611 is dismissed by the attorney general, or if within the time period set forth in R.S. 51:2611(F) the attorney general has not:
(1) Filed a civil action under R.S. 51:2614,
(2) Entered into a conciliation agreement with the complainant and respondent,
the attorney general shall notify the complainant or the party on whose behalf the complaint was filed. In no event, including the failure of the attorney general to issue the notification required herein, shall any action be brought pursuant to this Chapter more than two years after the alleged discriminatory housing practice occurred. On timely application, the court, in its discretion, may permit the attorney general to intervene in civil actions in which this state is not a defendant on certification that the case is of general public importance. On request, the court, in its discretion, may stay further proceedings for not more than sixty days pending the further efforts of the parties or the attorney general to obtain voluntary compliance.
D. Upon application by the plaintiff and in such circumstances as the court may deem just, a district court in which a civil action under this Section has been brought may appoint an attorney for the plaintiff and may authorize the commencement of a civil action upon proper showing without the payment of fees, costs, or security, to the extent not inconsistent with the law or procedures of this state.
E. The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order and may award to a prevailing plaintiff actual damages and punitive damages, together with court costs and reasonable attorney fees.
F. Any sale, encumbrance, or rental consummated prior to the issuance of any court order issued pursuant to the authority provided in this Chapter and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this Chapter shall not be affected.
G. Nothing in this Chapter shall impair any right to sue or cause of action arising under 42 United States Code, Sections 3610, 3612, and 3613, except, if applicable, on agreement between the parties.
H. If a party elects to proceed on a claim in a federal court, he shall be precluded from filing the same claim in an appropriate court of this state.
I. The court may grant as relief, as it deems appropriate, court costs and reasonable attorney fees to a prevailing defendant, consistent with federal civil rights statutes.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1992, No. 569, §1; Acts 1999, No. 687, §1.
A. If, after investigation of a complaint filed pursuant to R.S. 51:2611, the attorney general finds reasonable cause to believe that any person or group of persons is engaged in resistance to the full enjoyment of any of the rights granted pursuant to this Chapter or that any person or group of persons has been denied any of the rights granted pursuant to this Chapter, and the complainant, the respondent, and the attorney general have not entered into a conciliation agreement, he shall bring a civil action in any appropriate state district court requesting relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the resistance or denial of rights.
B. In any civil action pursuant to Subsection A of this Section, the court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order and may award actual damages and punitive damages to any person found to have been denied any of the rights granted pursuant to this Chapter.
C. If the attorney general concludes at any time following the filing of a complaint that a discriminatory housing practice has occurred or is about to occur, he shall promptly commence and maintain a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1992, No. 569, §1.
Repealed by Acts 2024, No. 312, §2, eff. July 1, 2024.
Repealed by Acts 1999, No. 767, §3.
Repealed by Acts 1999, No. 767, §3.
Repealed by Acts 1999, No. 767, §3.
Repealed by Acts 1999, No. 767, §3.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
Repealed by Acts 1997, No. 1116, §2.
This Chapter shall be known as the "New Assistive Devices Warranty Act".
Acts 1993, No. 907, §1, eff. June 23, 1993.
For purposes of this Chapter, the following terms shall have the following definitions:
(1) "Assistive device" means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state which is used for a major life activity which includes but is not limited to:
(a) Manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual.
(b) Hearing aids, telephone communication devices for the deaf (TDD), assistive listening devices, and other aids that enhance an individual's ability to hear.
(c) Voice synthesized computer modules, optical scanners, talking software, braille printers, and other devices that enhance a sight impaired individual's ability to communicate.
(d) Any other assistive device that enables a person with a disability to communicate, see, hear, or maneuver, but does not include batteries or nonfunctional accessories.
(2) "Assistive device dealer" means a person who is in the business of selling assistive devices.
(3) "Assistive device lessor" means a person who leases assistive devices to consumers, or who holds the lessor's rights, under a written lease. Any assistive device lessor who is also an assistive device dealer shall fulfill all obligations owed to the consumer under this Chapter as both an assistive device dealer and lessor.
(4) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an alternative assistive device.
(5) "Consumer/agency" means any of the following:
(a) The purchaser of an assistive device, including government entities purchasing the device for the benefit of an individual and the individual for whose benefit the device is purchased, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale.
(b) A person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive device.
(c) A person who may enforce the warranty.
(d) A person who leases an assistive device from an assistive device lessor under a written lease.
(e) Any person, with authority, acting on behalf of the consumer/agency.
(6) "Demonstrator" means an assistive device used primarily for the purpose of demonstration to the public.
(7) "Early termination cost" means any expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to the manufacturer. Early termination cost includes a penalty for prepayment under a finance arrangement.
(8) "Early termination savings" means any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer which shall include an interest charge that the assistive device lessor would have paid to finance the assistive device or, if the assistive device lessor does not finance the assistive device, the difference between the total period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.
(9) "Manufacturer" means a person or entity who manufactures or assembles assistive devices and agents of that person or entity, including an importer, distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive device. "Manufacturer" does not include an assistive device dealer or assistive device lessor unless the assistive device dealer or the lessor has manufactured, customized, or assembled the assistive device.
(10) "Nonconformity" means any specific condition or generic defect or malfunction, or any defect or condition of any part, whether it be component or integrated, which substantially impairs the use, value, or safety of an assistive device, but does not include a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by the consumer.
(11) "Reasonable attempt to repair" means that within the term of an express warranty applicable to an assistive device or within one year after first delivery of the assistive device to a consumer, whichever is later, the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers shall have accepted return of an assistive device for repair at least two times, whether the repairs are for the same or different warranty nonconformities; or an assistive device shall have been out of service for an aggregate of at least thirty cumulative days because of warranty nonconformities.
Acts 1993, No. 907, §1, eff. June 23, 1993; Acts 1999, No. 1048, §1, eff. July 9, 1999.
A. A manufacturer who sells an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The express warranty shall be in effect for no less than one year from the date the assistive device is first delivered to the consumer. If a manufacturer fails to furnish an express warranty as required by this Section, the assistive device shall be covered by an express warranty as if the manufacturer had furnished an express warranty to the consumer as required by this Section.
B. If an assistive device covered by an applicable express warranty exhibits a nonconformity, the consumer/agency shall do both of the following:
(1) Report the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized device dealers.
(2) Make the assistive device available for repair within an applicable express warranty period.
C. Once a nonconformity is reported and the assistive device is made available for repair, the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers shall make an attempt to repair the nonconformity.
Acts 1993, No. 907, §1, eff. June 23, 1993; Acts 1999, No. 1048, §1, eff. July 9, 1999.
A. If the manufacturer, dealer, or lessor either refuses to accept a device which a consumer makes available for repairs or makes a reasonable attempt to repair, but the nonconformity is not actually repaired, the manufacturer shall be required to provide a refund or replacement of the device, whichever is requested by the consumer/agency, as follows:
(1) If the consumer/agency requests a refund for a device which was purchased, the manufacturer shall refund to the consumer and to any holder of a perfected security interest in the consumer's assistive device, as their interest may appear, the full purchase price plus any finance charge or sales tax paid by the consumer at the point of sale and any collateral costs incurred by the consumer, less a reasonable allowance for use. When the manufacturer provides the refund, the consumer/agency shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer.
(2) If the consumer/agency requests a refund for a device which was leased, the manufacturer shall refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use. The manufacturer shall have a cause of action against the dealer or lessor for reimbursement of any amount that it pays to a consumer which exceeds the net price received by the manufacturer for the assistive device. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.
(3) If the consumer elects to receive a comparable new assistive device, the manufacturer shall provide the consumer/agency with the comparable new assistive device no later than thirty days after the consumer or lessor offers to transfer possession of the assistive device having the nonconformity to the manufacturer. Once the manufacturer provides the new assistive device, the consumer/agency or lessor shall return the nonconforming assistive device to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer.
B. Under the provisions of this Section, the current value of the written lease equals the total amount for which the consumer is obligated under the remainder of the lease, after its early termination, plus the assistive device dealer's early termination costs and the value of the assistive device at the lease expiration date, if it is set forth in the lease, less the assistive device lessor's early termination savings.
C. Under the provisions of this Section, a reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a formulated fraction. The numerator of this fraction shall be the number of days that the consumer used the assistive device before first properly reporting the nonconformity to the manufacturer, assistive device lessor, or assistive dealer. The denominator of this fraction shall be one thousand eight hundred twenty-five.
D. No person may enforce the lease against the consumer after the consumer receives a refund.
Acts 1993, No. 907, §1, eff. June 23, 1993; Acts 1999, No. 1048, §1, eff. July 9, 1999.
No assistive device returned by a consumer or assistive device lessor in this state or any other state may be sold or leased again in this state unless full disclosure of the reason for return is made to any prospective buyer or lessee.
Acts 1993, No. 907, §1, eff. June 23, 1993.
A. When the consumer tenders or exchanges a nonconforming assistive device that is covered by an express warranty to the dealer from whom it was purchased for the repair of any nonconformity to which the warranty is applicable and at least one of the following conditions exists, the manufacturer shall provide rental assistive device reimbursement of up to twenty dollars per day, to be paid directly to the consumer for the duration of the repair period. The applicable conditions are as follows:
(1) The repair period exceeds ten working days, including the day on which the device is tendered to the manufacturer or a dealer designated by the manufacturer for repairs and no comparable replacement device is provided. If the dealer does not tender the device to the manufacturer in a timely enough manner for the manufacturer to make the repairs within ten days, then the manufacturer shall have a cause of action against the dealer for reimbursement of any penalties that it must pay.
(2) The nonconformity is the same for which the assistive device has been tendered to the dealer for repair on at least two previous occasions.
B. The provisions of this Section regarding a manufacturer's duty shall apply for the period of the manufacturer's express warranty.
Acts 1993, No. 907, §1, eff. June 23, 1993; Acts 1999, No. 1048, §1, eff. July 9, 1999.
A. This Chapter shall not limit rights or remedies available to a consumer under any other law.
B. Any waiver of rights by a consumer under the provisions of this Chapter shall be void.
C. In addition to pursuing any other remedy, a consumer may bring an action to recover any damages caused by a violation of this Chapter within one year of the violation. The court shall award a consumer who prevails in such an action, no more than twice the amount of any pecuniary loss, together with costs, disbursements, and reasonable attorney fees, and any equitable relief that the court determines is appropriate.
Acts 1993, No. 907, §1, eff. June 23, 1993; Acts 1999, No. 1048, §1, eff. July 9, 1999.
A. For the purposes of this Section, the following terms have the following meanings, unless context clearly indicates otherwise:
(1) "Basic health benefits plan" means individual coverage for basic hospital care, physician care, and health care, effective no later than the first day of the month ninety days after hiring, that provides the same coverage as that provided to executive, administrative, and professional employees who are exempt from the minimum wage and maximum hour requirements of the federal Fair Labor Standards Act, 29 U.S.C. 201 et seq., and which LED determines to be in compliance with federally mandated healthcare requirements, or if no federally mandated healthcare requirements exist, shall be determined by rule. For the purposes of this Paragraph, the term "value" means the cost to the company or the cost of equivalent coverage.
(2) "Company" means an entity authorized to do business in Louisiana pursuant to state law.
(3) "Distressed area" means an area that is economically distressed or underdeveloped as determined by rule and approved by the secretary.
(4) "Expenditure verification report" means a report of expenses prepared by an independent certified public accountant, paid for by the company, in accordance with R.S. 36:104.1.
(5) "Jobs" means positions of employment that meet all of the following criteria:
(a) Did not exist in the state for that employer prior to the effective date of the incentive contract entered into pursuant to the provisions of this Chapter.
(b) Are full-time, at-will employees and does not include seasonal or temporary positions.
(c) Are directly employed by the company or a named subsidiary in the contract.
(d) Are filled onsite or remotely by Louisiana employees of the company or a named subsidiary in the contract.
(e) Include a basic health benefits plan.
(f) Are approved by the secretary.
(6) "LED" means Louisiana Economic Development.
(7) "Louisiana employee" means a person who qualifies as a resident individual pursuant to R.S. 47:31.
(8) "Parish average wage" means the average wage in a parish as determined annually by the United States Department of Labor, Bureau of Labor Statistics, or its successor agency.
(9) "Project site" means a site in Louisiana identified for a project on the program application.
(10) "Qualifying company" means a company that is certified by LED as meeting the eligibility requirements of this Section and that has executed a contract with LED providing the terms and conditions for its participation in the program provided for in this Section.
(11) "Regional average wage" means the average wage within the geographic boundaries of the regional economic development organization in which the project is located, as calculated by LED and posted on its website.
(12) "Secretary" means the secretary of Louisiana Economic Development.
(13) "Wages" means compensation of an employee based on time worked or output of production but does not include benefits or overtime compensation.
B. There is hereby established within LED the High Impact Jobs Program, hereafter referred to in this Section as the "program", to encourage companies to create jobs that pay above the parish average wage and offer a basic health benefits plan. LED shall offer the following types of incentives pursuant to the program:
(1) A reimbursable grant of a percentage of annualized wages paid for qualifying jobs, not to exceed two hundred thousand dollars per year, per job, based upon the parish average wage paid where the project site is located at the time the incentive contract is executed, subject to the following conditions:
(a) Eight percent for a project located in a distressed area with wages equal to or greater than one hundred ten percent but less than one hundred twenty-five percent of the lesser of the parish average wage or the regional average wage.
(b) Eighteen percent for a project located in a parish with wages equal to or greater than one hundred twenty-five percent but less than one hundred fifty percent of the parish average wage.
(c) Twenty-two percent for a project located in a parish with wages equal to or greater than one hundred fifty percent of the parish average wage.
(2) A reimbursable grant to retain highly skilled workers with advanced degrees, as approved by the secretary in accordance with program rules.
C.(1) A company may be eligible for participation in the program if it meets either of the following minimum criteria and is approved by the secretary:
(a)(i) If the proposed project is located in a distressed area and the company will pay wages on new jobs created equal to or greater than one hundred ten percent of the lesser of the parish average wage or the regional average wage.
(ii) If the proposed project is located outside of a distressed area and the company will pay wages on new jobs created equal to or greater than one hundred twenty-five percent of the parish average wage.
(b) Retains highly skilled workers with advanced degrees.
(2)(a) Companies primarily engaged in the following sectors are ineligible for participation in the program:
(i) Gaming.
(ii) Retail sales.
(iii) Professional sports teams.
(iv) State and political subdivision enterprises.
(v) Automotive rental and leasing.
(vi) Local solid waste disposal.
(vii) Local sewage systems.
(viii) Local water systems.
(b) LED may promulgate rules listing other professions or industries which are eligible or ineligible for program participation.
D.(1) LED shall establish an application process for the program and establish an application fee for the program in accordance with R.S. 36:104.
(2) Upon receipt of a company's application and the fee imposed pursuant to Paragraph (1) of this Subsection, LED staff shall review the application and any other information the secretary deems appropriate for a determination of the project's eligibility.
(3) If LED staff determine that an applicant is eligible, funding is available, and that a grant would be in the best interest of the state, the secretary may execute a contract with an applicant that contains the terms and conditions of the applicant's participation in the program. The initial term of the contract shall be for three years; however, the contract may be renewed for a single two-year period if the grant recipient has complied with the provisions of this Section and all the terms of the contract and has not performed or failed to perform any act which would have made the applicant default on any of the terms of the contract.
(4)(a) A qualifying company may make a request for reimbursement by submitting to LED an expenditure verification report detailing qualifying expenditures. The qualifying company may submit the request for reimbursement either annually or at the end of the initial and renewed contract periods, as applicable.
(b) LED staff shall review the expenditure verification report and issue reimbursement payments for qualifying expenses.
(5) If an application is denied or if a reimbursement request is denied in whole or in part, LED shall issue a written basis for denial.
E. A qualifying company shall not receive any other incentive administered by LED for any expenditure or job for which it has received a grant pursuant to the provisions of this Section nor can the company be receiving a benefit from the Louisiana Quality Jobs Program, established pursuant to R.S. 51:2451 et seq.
F. The secretary may promulgate rules in accordance with the Administrative Procedure Act to carry out the provisions of this Section. Notwithstanding any provision of the Administrative Procedure Act to the contrary, rules promulgated pursuant to the provisions of this Section are subject to the approval of the Joint Legislative Committee on the Budget.
G. No incentive shall be awarded pursuant to the provisions of this Section for applications received on or after July 1, 2035.
H.(1) There is hereby established in the state treasury as a special fund the High Impact Job Fund, hereafter referred to in this Section as the "fund". Any money transferred, donated, or appropriated to the fund by the legislature shall be deposited into the fund after compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund.
(2) All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of monies in the fund shall be credited to the fund.
(3) Monies in the fund shall be appropriated to LED for awarding incentives pursuant to the provisions of this Section.
Acts 2025, No. 372, §1, eff. July 1, 2025.
This Chapter shall be known and may be cited as the "Louisiana Consumer Fuel Choice Act".
Acts 2022, No. 546, §1, eff. June 17, 2022.
For the purposes of this Chapter, "energy type" includes aviation fuel, biofuel, compressed natural gas, diesel, electricity to be utilized for the charging of electric vehicles, gasoline, gas distillates, hydrogen, liquified petroleum gas, and renewable diesel.
Acts 2022, No. 546, §1, eff. June 17, 2022.
A. No local governing authority shall adopt an ordinance, rule, or law that limits consumer access to an energy type or that results in the prohibition of a wholesaler, retailer, energy producer, or the related infrastructure necessary to provide consumer access to a specific energy type within the jurisdiction of the local governing authority.
B. Nothing in this Chapter shall be construed to restrict, impair, or diminish the regulatory authority of the Louisiana Energy and Power Authority, a municipally owned electric system, the Louisiana Public Service Commission in accordance with Article IV, Section 21 of the Constitution of Louisiana, or any governing authority of a political subdivision that regulates a public utility in accordance with Article IV, Section 21 of the Constitution of Louisiana.
Acts 2022, No. 546, §1, eff. June 17, 2022.
This Chapter shall be known and may be cited as the "Transparency in Ownership of Critical Infrastructure Law".
Acts 2022, No. 766, §1, eff. June 18, 2022.
As used in this Chapter, the following terms have the meanings ascribed unless the context clearly indicates otherwise:
(1) "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit.
(2) "Critical infrastructure" means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.
(3) "Cybersecurity" means the measures taken to protect a computer, computer network, computer system, or other technology infrastructure against unauthorized use or access.
(4) "Designated country" means a country designated by the governor as a threat to critical infrastructure pursuant to R.S. 51:3054.
(5) "Governmental entity" means a state agency or political subdivision of this state.
Acts 2022, No. 766, §1, eff. June 18, 2022.
A. A governmental entity shall not enter into a contract or other agreement relating to critical infrastructure in this state with a company if, under the contract or other agreement, the company would be granted direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the governmental entity for product warranty and support purposes under any of the following circumstances:
(1) The governmental entity knows that the company is owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country.
(2) The governmental entity knows that the company or other entity, including a governmental entity, is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country.
(3) The governmental entity knows that the company or other entity is headquartered in China, Iran, North Korea, Russia, or a designated country.
B. The provisions of Subsection A of this Section shall apply regardless of whether the company's or its parent company's securities are publicly traded or the company or its parent company is listed on a public stock exchange as a Chinese, Iranian, North Korean, or Russian company or a company of a designated country.
Acts 2022, No. 766, §1, eff. June 18, 2022.
A. The governor, after consultation with the director of the Governor's Office of Homeland Security and Emergency Preparedness, may designate a country as a threat to critical infrastructure for purposes of this Chapter.
B. The governor shall consult the Senate and House select committees on homeland security to assess a threat to critical infrastructure for purposes of making a designation under this Section.
Acts 2022, No. 766, §1, eff. June 18, 2022.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2008, No. 815, §5.
The legislature hereby finds and declares that:
(1) Net energy metering encourages the use of renewable energy resources and renewable energy technologies. Increasing the consumption of renewable energy resources promotes the wise use of Louisiana's natural energy resources to meet a growing energy demand, increases Louisiana's use of indigenous energy fuels and fosters investment in emerging renewable technologies to stimulate economic development and job creation in the state.
(2) Louisiana should actively encourage the manufacture of new technologies through promotion of emerging energy technologies. Net energy metering could help to further attract energy technology manufacturers, providing a foothold for these technologies in the Louisiana economy, and easier customer access to these technologies.
(3) Energy produced from forest products' manufacturing bioenergy feedstocks shall be considered renewable and carbon neutral. When paired with carbon capture technologies, known as bioenergy with carbon capture and storage, it may be considered carbon negative.
(4) Energy produced from agricultural harvesting, including bagasse produced from sugarcane processing, shall be considered renewable and carbon neutral. When paired with carbon capture technologies, known as bioenergy with carbon capture and storage, it may be considered carbon negative.
Acts 2003, No. 653, §1, eff. Oct. 1, 2003; Acts 2022, No. 275, §1.
As used in this Chapter, the following words have the following meanings:
(1) "Bioenergy with carbon capture and storage" means the process of capturing and permanently storing carbon dioxide from biomass energy generation.
(2) "Biomass" means forest products' manufacturing bioenergy feedstocks, which may include but not be limited to the following:
(a) Forest products' manufacturing residuals, including but not limited to spent pulping liquors, pulping byproducts, woody manufacturing residuals, paper recycling residuals, wastewater and process water treatment plant residuals, and anaerobic digester biogas.
(b) Harvest residues, including trees or portions of harvested trees that are too small or of too poor quality to be utilized for wood products or paper products.
(c) Downed wood from extreme weather events and natural disasters, nonhazardous landscape or right-of-way trimmings and municipal trimmings, and plant material removed for purposes of invasive or noxious plant species control; biowaste, including landfill gas.
(d) Forest biomass derived from residues created as a byproduct of timber harvesting, including but not limited to low-value wood, treetops, and tree limbs.
(e) Forest management activities conducted for stand improvement or to increase yield, ecological restoration, or to maintain or enhance forest health including but not limited to hazardous fuels reduction.
(f) Biomass materials recognized by the United States Environmental Protection Agency as fuels under 40 CFR 241.4.
(g) Other used wood products, such as crates or pallets.
(3) "Commission" means the Louisiana Public Service Commission or other appropriate governing body for an electric utility.
(4) "Electric utility" means a public or investor-owned utility, an electric cooperative, municipal utility, or any private power supplier or marketer that is engaged in the business of supplying electric energy to the ultimate consumer.
(5) "Net energy metering" means measuring the difference between electricity supplied by an electric utility and the electricity generated by a net energy metering customer and sold back to the electric utility over the applicable billing period.
(6) "Net energy metering customer" means an owner of a net energy metering facility.
(7) "Net energy metering facility" means a facility for the production of electrical energy that:
(a) Uses solar, wind, hydroelectric, geothermal, or biomass resources to generate electricity including but not limited to fuel cells and micro turbines that generate electricity if the fuel source is entirely derived from renewable resources.
(b) Has a generating capacity of not more than twenty-five kilowatts for residential use or three hundred kilowatts for commercial or agricultural use.
(c) Is located in Louisiana.
(d) Can operate with an electric utility's existing transmission and distribution facilities.
(e) Is intended primarily to offset part or all of the net energy metering customer requirements for electricity.
(8) "Sugarcane bagasse biomass" or "bagasse biomass" means the solid, heterogeneous, fibrous agricultural waste that remains after extracting the liquid from sugarcane stalks, which may include but is not limited to the following:
(a) Biomass derived from factory bagasse which is obtained from the industrial extraction process and contains only trace amounts of the sugarcane liquid.
(b) Biomass derived from pressed cane stalks or farm bagasse which is obtained from on-farm or small factory extraction and contains higher amounts of sugarcane liquid.
(c) Dewatered pulp derived from bagasse and recognized by the United States Environmental Protection Agency as fuels under 40 CFR 241.4.
Acts 2003, No. 653, §1, eff. Oct. 1, 2003; Acts 2008, No. 543, §1, eff. June 30, 2008; Acts 2022, No. 275, §1.
A. An electric utility that offers residential or commercial electrical service, or both, shall allow net energy metering facilities to be interconnected using a meter capable of registering the flow of electricity in two directions.
B. The commission, after notice and opportunity for public comment:
(1) Shall establish appropriate rates, terms, and conditions for net energy metering contracts.
(2) Shall authorize an electric utility to assess a net energy metering customer a greater fee or charge, of any type, if the electric utility's direct costs of interconnection and administration of net energy metering outweigh the distribution system, environmental, and public policy benefits of allocating the cost among the electric utility's entire customer base. The net metering customer shall reimburse the utility for any costs in excess of those to serve a traditional customer.
C. Nothing in this Chapter shall derogate from the commission's constitutional authority to regulate, as applicable, all common carriers and public utilities, particularly the authority to implement rules, regulations, and tariffs to ensure that neither an electric utility nor its ratepayers shall be adversely affected, or to subsidize activities authorized under this Chapter.
Acts 2003, No. 653, §1, eff. Oct. 1, 2003; Acts 2008, No. 543, §1, eff. June 30, 2008.
This Chapter may be cited as the "Database Security Breach Notification Law".
Acts 2005, No. 499, §1, eff. Jan. 1, 2006.
The legislature hereby finds and declares that:
(1) The privacy and financial security of individuals are increasingly at risk due to the ever more widespread collection of personal information.
(2) Credit card transactions, magazine subscriptions, telephone numbers, real estate records, automobile registrations, consumer surveys, warranty registrations, credit reports, and Internet web sites are all sources of personal information and form the source material of identity theft.
(3) The crime of identity theft is on the rise in the United States. Criminals who steal personal information use the information to open credit card accounts, write bad checks, buy automobiles, and commit other financial crimes using the identity of another person.
(4) Identity theft is costly to the marketplace and to consumers.
(5) Victims of identity theft must act quickly to minimize the damage; therefore, expeditious notification of possible misuse of a person's personal information is imperative.
Acts 2005, No. 499, §1, eff. Jan. 1, 2006.
As used in this Chapter, the following terms shall have the following meanings:
(1) "Agency" means the state, a political subdivision of the state, and any officer, agency, board, commission, department or similar body of the state or any political subdivision of the state.
(2) "Breach of the security of the system" means the compromise of the security, confidentiality, or integrity of computerized data that results in, or there is a reasonable likelihood to result in, the unauthorized acquisition of and access to personal information maintained by an agency or person. Good faith acquisition of personal information by an employee or agent of an agency or person for the purposes of the agency or person is not a breach of the security of the system, provided that the personal information is not used for, or is subject to, unauthorized disclosure.
(3) "Person" means any individual, corporation, partnership, sole proprietorship, joint stock company, joint venture, or any other legal entity.
(4)(a) "Personal information" means the first name or first initial and last name of an individual resident of this state in combination with any one or more of the following data elements, when the name or the data element is not encrypted or redacted:
(i) Social security number.
(ii) Driver's license number or state identification card number.
(iii) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account.
(iv) Passport number.
(v) Biometric data. "Biometric data" means data generated by automatic measurements of an individual's biological characteristics, such as fingerprints, voice print, eye retina or iris, or other unique biological characteristic that is used by the owner or licensee to uniquely authenticate an individual's identity when the individual accesses a system or account.
(b) "Personal information" shall not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
Acts 2005, No. 499, §1, eff. Jan. 1, 2006; Acts 2018, No. 382, §1.
A. Any person that conducts business in the state or that owns or licenses computerized data that includes personal information, or any agency that owns or licenses computerized data that includes personal information, shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure.
B. Any person that conducts business in the state or that owns or licenses computerized data that includes personal information, or any agency that owns or licenses computerized data that includes personal information shall take all reasonable steps to destroy or arrange for the destruction of the records within its custody or control containing personal information that is no longer to be retained by the person or business by shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any means.
C. Any person that owns or licenses computerized data that includes personal information, or any agency that owns or licenses computerized data that includes personal information, shall, following discovery of a breach in the security of the system containing such data, notify any resident of the state whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person.
D. Any agency or person that maintains computerized data that includes personal information that the agency or person does not own shall notify the owner or licensee of the information if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person through a breach of security of the system containing such data, following discovery by the agency or person of a breach of security of the system.
E. The notification required pursuant to Subsections C and D of this Section shall be made in the most expedient time possible and without unreasonable delay but not later than sixty days from the discovery of the breach, consistent with the legitimate needs of law enforcement, as provided in Subsection F of this Section, or any measures necessary to determine the scope of the breach, prevent further disclosures, and restore the reasonable integrity of the data system. When notification required pursuant to Subsections C and D of this Section is delayed pursuant to Subsection F of this Section or due to a determination by the person or agency that measures are necessary to determine the scope of the breach, prevent further disclosures, and restore the reasonable integrity of the data system, the person or agency shall provide the attorney general the reasons for the delay in writing within the sixty day notification period provided in this Subsection. Upon receipt of the written reasons, the attorney general shall allow a reasonable extension of time to provide the notification required in Subsections C and D of this Section.
F. If a law enforcement agency determines that the notification required under this Section would impede a criminal investigation, such notification may be delayed until such law enforcement agency determines that the notification will no longer compromise such investigation.
G. Notification may be provided by one of the following methods:
(1) Written notification.
(2) Electronic notification, if the notification provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. 7001.
(3) Substitute notification, if an agency or person demonstrates that the cost of providing notification would exceed one hundred thousand dollars, or that the affected class of persons to be notified exceeds one hundred thousand, or the agency or person does not have sufficient contact information. Substitute notification shall consist of all of the following:
(a) E-mail notification when the agency or person has an e-mail address for the subject persons.
(b) Conspicuous posting of the notification on the Internet site of the agency or person, if an Internet site is maintained.
(c) Notification to major statewide media.
H. Notwithstanding Subsection G of this Section, an agency or person that maintains a notification procedure as part of its information security policy for the treatment of personal information which is otherwise consistent with the timing requirements of this Section shall be considered to be in compliance with the notification requirements of this Section if the agency or person notifies subject persons in accordance with the policy and procedure in the event of a breach of security of the system.
I. Notification as provided in this Section shall not be required if after a reasonable investigation, the person or business determines that there is no reasonable likelihood of harm to the residents of this state. The person or business shall retain a copy of the written determination and supporting documentation for five years from the date of discovery of the breach of the security system. If requested in writing, the person or business shall send a copy of the written determination and supporting documentation to the attorney general no later than thirty days from the date of receipt of the request. The provisions of R.S. 51:1404(A)(1)(c) shall apply to a written determination and supporting documentation sent to the attorney general pursuant to this Subsection.
J. A violation of a provision of this Chapter shall constitute an unfair act or practice pursuant to R.S. 51:1405(A).
Acts 2005, No. 499, §1, eff. Jan. 1, 2006; Acts 2018, No. 382, §1.
A civil action may be instituted to recover actual damages resulting from the failure to disclose in a timely manner to a person that there has been a breach of the security system resulting in the disclosure of a person's personal information.
Acts 2005, No. 499, §1, eff. Jan. 1, 2006.
A financial institution that is subject to and in compliance with the Federal Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice, issued on March 7, 2005, by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the office of the comptroller of the currency and the office of thrift supervision, and any revisions, additions, or substitutions relating to said interagency guidance, shall be deemed to be in compliance with this Chapter.
Acts 2005, No. 499, §1, eff. Jan. 1, 2006.
The provisions of this Chapter shall not take effect until rules are promulgated by the attorney general's office.
Acts 2005, No. 499, §1, eff. Jan. 1, 2006.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
For purposes of this Chapter, the following terms and phrases shall have the following meaning:
(1) "Commissioner" means the commissioner of the Office of Financial Institutions.
(2) "Financial institution" means any state or federally chartered bank, savings bank, savings and loan association, or trust company, which is operating in Louisiana with an existing branch, branches or main office.
(3) "Local government" means a municipality or parish governing authority.
Acts 2007, No. 255, §1.
The commissioner shall administer and monitor a banking development district program under the provisions of this Chapter to encourage the establishment of branches of a financial institution in geographic areas where there is a demonstrated need for banking services.
Acts 2007, No. 255, §1.
A. The commissioner, in consultation with Louisiana Economic Development, shall adopt rules and regulations regarding the criteria for the designation of banking development districts under this Chapter. The rules and regulations shall require the commissioner to consider:
(1) The location, number, and proximity of sites where banking services are available in the proposed district.
(2) A report prepared by the secretary of Louisiana Economic Development which shall determine whether or not the proposed banking development district meets the following criteria:
(a) Consumer needs for banking services in the proposed district.
(b) The economic viability and local credit needs of the community in the proposed district.
(c) The existing commercial development in the proposed district.
(d) The impact additional banking services would have on potential economic development in the proposed district.
B. The commissioner shall promulgate such rules and regulations no later than January 1, 2008.
Acts 2007, No. 255, §1.
A. A local government, in conjunction with a financial institution, may submit an application, on a form prescribed by the commissioner, to the commissioner for the designation of a banking development district within a specified geographic area.
B. A financial institution may apply to open a branch in the banking development district at the time the local government submits an application for the designation of such a district.
Acts 2007, No. 255, §1.
A. No later than the ninety-first day after the date that an application for the designation of a banking development district is submitted, the commissioner shall make a determination regarding whether to approve the application.
B. If the commissioner approves the application, the commissioner shall notify:
(1) The local government requesting the district.
(2) Any financial institution which will be located in the district.
(3) The secretary of Louisiana Economic Development.
(4) The treasurer of the state of Louisiana.
Acts 2007, No. 255, §1.
A. The governing body of a local government in which a banking development district has been designated under R.S. 51:3105 may, by resolution, designate a financial institution located in the district as a banking district depository for purposes of R.S. 39:1220 regardless of whether the financial institution is designated as a state depository. All existing financial institutions operating in an area that becomes designated as a banking development district shall be eligible to be designated as a banking district depository for the purposes of this Chapter.
B. A resolution adopted under Subsection A must specify the maximum amount that may be kept on deposit with the banking district depository.
Acts 2007, No. 255, §1.
A. A local government may deposit public funds with a financial institution designated as a banking district depository.
B. Subject to an agreement between the governing body and the banking district depository, public funds deposited in the banking district depository may earn a fixed interest rate that is at or below the financial institution's posted two year certificate of deposit rate. The terms of the agreement must be specified in the resolution adopted under R.S. 51:3106.
Acts 2007, No. 255, §1.
A. The treasurer may deposit public funds with a financial institution designated as a banking district depository.
B. Subject to an agreement between the treasurer and the banking district depository, public funds deposited in the banking district depository may earn a fixed interest rate that is at or below the financial institution's posted two year certificate of deposit rate.
Acts 2007, No. 255, §1.
The governing body of a local government may enter into a tax abatement agreement with a financial institution with respect to the property on which the branch is located in a banking development district.
Acts 2007, No. 255, §1.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2024, 3rd Ex. Sess., No. 5, §3, eff. Jan. 1, 2025.
Repealed by Acts 2025, No. 432, §3.
As used in this Chapter, the following terms shall have the meanings ascribed to them below:
(1) "Board" means the Louisiana Board of International Commerce.
(2) "Department" means Louisiana Economic Development.
(3) "Initiative" means the Louisiana International Commerce Initiative.
(4) "Inland ports" means those ports, commonly known as shallow draft ports, engaged in waterborne commerce whose cargoes depend upon import or export through international ports for connection to world markets.
(5) "International commerce" means a two–tiered, integrated economic sector concentrating upon the state's unique position in world commerce. "Tier one" shall be defined as business activity in the areas of waterborne or airborne commerce, manufacturing related to imported and exported products and services, other international activities, and corporate business activity resulting from the state's engagement in international commerce. "Tier two" shall be defined as inland transportation connectors, including water, highway, and rail, air transportation, airborne passenger travel, assembly and distribution, free trade zones, and other support business activities including but not limited to finance, insurance, suppliers of materials, legal, brokerage, freight forwarding, and other such services.
(6) "International ports" means those ports, commonly known as deep draft ports, whose main function is waterborne commerce, both import and export, directly linked to world commerce. These ports include, but are not limited to, the following:
(a) Port of Greater Baton Rouge.
(b) Lake Charles Harbor and Terminal District, Port of Lake Charles.
(c) Port of New Orleans.
(d) Plaquemines Port, Harbor and Terminal District.
(e) St. Bernard Port, Harbor and Terminal District.
(f) Port of South Louisiana.
(7) - (9) Repealed by Acts 2025, No. 432, §3.
(10) "Secretary" means the secretary of Louisiana Economic Development.
Acts 2012, No. 687, §2, eff. June 7, 2012; Acts 2025, No. 432, §3.
Repealed by Acts 2025, No. 432, §3.
A. The secretary shall administer and enforce the provisions of this Chapter relating to duties and activities of the office, the board, and advisory subcommittees of the board.
B. The secretary may execute partnerships, joint ventures, memoranda of understanding, cooperative endeavors, or other similar relationships with local, state, or federal public entities, foreign governments, nongovernmental organizations, or private entities and business interests to implement the master plan. Such state public entities shall include but are not limited to the following: the Department of Transportation and Development, the Department of Agriculture and Forestry, and the Department of Culture, Recreation and Tourism.
C. The executive director of the office of international commerce shall report directly to the secretary.
D. The secretary and the executive director shall represent the board in all matters.
E. The secretary and the executive director shall represent the policy and viewpoints of the office at foreign, state, regional, and local levels.
Acts 2012, No. 687, §2, eff. June 7, 2012.
A. The Louisiana Board of International Commerce is hereby created as an advisory board to Louisiana Economic Development. The board shall be domiciled in East Baton Rouge Parish.
B. The board shall exercise, subject to the provisions of this Chapter, the following duties:
(1) Conduct meetings, studies, and investigations as the secretary may direct and shall report its findings and recommendations to the secretary. The recommendations may be incorporated into the department's master strategic plan, which shall position Louisiana as a leader in international commerce and trade and shall include a comprehensive strategy addressing all matters of international commerce and trade for the state of Louisiana.
(2) Develop and execute a strategy to coordinate planning, marketing, and resources between all private or nongovernmental organizations, private business interests, international ports, the department, and other departments of federal and state government.
(3) Monitor implementation of a state strategy to attract foreign direct investment and to attract international business to this state.
Acts 2012, No. 687, §2, eff. June 7, 2012; Acts 2025, No. 432, §2.
A. The board shall consist of the following members:
(1) The secretary of the department or his designee.
(2) The commissioner of the Department of Agriculture and Forestry or his designee.
(3) Eight members appointed by the governor, one from within the geographic boundaries of each of the state's eight regional economic development organizations.
(4) Eight members appointed by the governor, of which one member shall represent international business, one member shall represent manufacturing business relating to international commerce, two members shall represent the state's ports, two members shall represent the state's airports, and two members shall represent the state's utility providers.
(5) The commissioner of the office of multimodal commerce in the Department of Transportation and Development or his designee.
B. The initial appointed members of the board shall be appointed no later than October 1, 2012.
C. Initial appointments to the board shall be for terms as follows:
(1) Four members representing regional economic development organizations in Louisiana, one member representing international business, one member representing manufacturing business relating to international commerce, two members representing international ports, and one member representing the state's airports shall be appointed for two years.
(2) Four members representing regional economic development organizations in Louisiana, one member representing international business, one member representing manufacturing business relating to international commerce, and three members representing international ports shall be appointed for one year.
(3) After the initial appointment provided for in Paragraphs (1) and (2) of this Subsection, all members shall serve for a five-year term. Each member shall serve until a successor is appointed.
D. Vacancies shall be filled in the same manner as the original appointments for the unexpired portion of the term.
E. A majority of the members of the board shall constitute a quorum for the transaction of business. The vote of a majority of the members of the board present and voting, a quorum being present, shall be required for any official action of the board.
F. The board shall hold its first meeting at its domicile no later than December 1, 2012, and shall meet quarterly thereafter, on a date and at a time and place as the board may designate. The board may meet at such other times as deemed necessary by the chairman or by the majority of its members.
G. At the initial meeting of the board, the board shall elect from its membership a chairman and such other officers as it deems necessary to carry out the duties and functions of the board. All officers shall be members of the board. Such officers shall constitute an executive committee, which shall conduct certain business activities as authorized by the board during such times as the board is not in session.
H. Board members shall not receive any salary for their duties as members. The members may receive a mileage allowance for traveling to and from meetings and for other travel authorized by the board at a rate not to exceed the mileage rate for state employees.
Acts 2012, No. 687, §2, eff. June 7, 2012; Acts 2015, No. 31, §3, eff. Jan. 12, 2016; Acts 2025, No. 432, §2.
Repealed by Acts 2025, No. 432, §3.
A. Notwithstanding any provision of law to the contrary, nothing in this Chapter shall be construed to affect the Port Construction and Development Priority Program, R.S. 34:3451 et seq.
B. Notwithstanding any provision of law to the contrary, nothing in this Chapter shall be construed to affect the Airport Construction and Development Priority Program, R.S. 2:801 et seq.
Acts 2012, No. 687, §2, eff. June 7, 2012.
A. The purposes of this Part are the following:
(1) To create a registration and assurance mechanism for home service contract providers in this state.
(2) To encourage innovation in the marketing and development of more economical and effective means of providing services under home service contracts while placing the risk of innovation on the providers rather than on consumers.
(3) To permit and encourage fair and effective competition among different systems of providing and paying for these services.
B. The following shall be exempt from this Chapter:
(1) Warranties as defined in this Chapter.
(2) Maintenance-only agreements as defined in this Chapter.
(3) Service contracts sold or offered for sale to persons other than consumers.
(4) Contracts sold or offered for sale on a single new item of property at the time of the sale of the property, or within one year of the date of the sale, which guarantee the performance of the service, repair, replacement, or maintenance of the property or guarantee to indemnify for the service, repair, replacement, or maintenance of a single item of residential property.
Acts 2015, No. 161, §1, eff. Jan. 11, 2016.
As used in this Chapter, unless the context otherwise requires, the following words and phrases shall be defined as follows:
(1) "Administrator" means the person who is responsible for the administration of the home service contract or the home service contract plan or who is responsible for any submission required by this Chapter.
(2) "Consumer" means a natural person who buys, other than for purposes of resale, any corporeal movable property that is distributed in commerce and that is normally used for personal, family, or household purposes and not for business or research purposes.
(3) "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. A home service contract may provide for the service, repair, replacement, or maintenance of property for damage resulting from power surges or interruption and accidental damage from handling and may provide for leak or repair coverage to house roofing systems. A home service contract is not insurance in this state or otherwise regulated under any provision of the Louisiana Insurance Code.
(4) "Maintenance-only agreement" means a contract of limited duration that provides only for scheduled maintenance and does not include repair or replacement.
(5) "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.
(6) "Provider" means a person who is contractually obligated to provide the services or indemnification under a home service contract.
(7) "Provider fee" means the consideration paid for a home service contract.
(8) "Service contract holder" or "contract holder" means a person who is the purchaser or holder of a home service contract.
(9) "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.
Acts 2015, No. 161, §1, eff. Jan. 11, 2016.
A. Home service contracts shall not be issued, sold, or offered for sale in this state unless the provider has done each of the following:
(1) Registered with the secretary of state and remains in good standing.
(2) Provided a receipt for, or other written evidence of, the purchase of the home service contract to the contract holder.
(3) Provided a copy of the home service contract to the service contract holder within a reasonable period of time from the date of purchase.
(4)-(5) Repealed by Acts 2016, No. 327, §1.
B. Each provider of a home service contract sold in this state shall file an application for an initial registration with the secretary of state consisting of his name, address, and contact person, designating a person in this state for service of process, and providing a listing of all officers, all directors, and all owners of ten percent or more of the business. Additionally, the provider shall file a copy of its basic organizational documents, including articles of incorporation, articles of organization, articles of association, or a partnership agreement.
C. A registration shall be effective for two years unless the registration is denied or revoked. Ninety days prior to the expiration of a registration, a provider shall submit a renewal application on a form prescribed by the secretary of state.
D. Each registrant shall notify the secretary of state of any material change in the registration information within sixty days of the effective date of such change. The notice shall be accompanied by supporting documentation.
E. In order to assure the faithful performance of a provider's obligations to its contract holders and to insure its outstanding obligations, each provider shall obtain and file with the secretary of state a surety bond issued by a company licensed to do business in Louisiana in the amount of fifty thousand dollars. The term of the surety bond shall coincide with the years the registration is effective as provided in Subsection C of this Section.
F. Except for the registration requirements of this Section, providers, administrators, and persons marketing, selling, or offering to sell home service contracts are exempt from any licensing requirements of this state and shall not be subject to other registration information or security requirements.
G. The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of home service contracts by providers and related service contract sellers, administrators, and other persons is not insurance and shall be exempt from all provisions of the Louisiana Insurance Code.
Acts 2015, No. 161, §§1, 3(A), eff. Jan. 11, 2015; Acts 2015, No. 161, §§1, 3(B), eff. Jan. 15, 2016; Acts 2016, No. 243, §1, eff. May 26, 2016; Acts 2016, No. 327, §1; Acts 2018, No. 560, §5, eff. May 28, 2018; Acts 2020, No. 51, §1, eff. June 5, 2020; Acts 2022, No. 193, §5.
A. Each home service contract marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state shall be written, printed, or typed in clear, understandable language that is easy to read and shall disclose the requirements set forth in this Section, as applicable.
B. Every home service contract shall contain all the following information:
(1) The name and address of the provider and shall identify any administrator if different from the provider.
(2) The name of the service contract seller and name of the service contract holder to the extent that the name of the service contract holder has been furnished to the service contract provider. The identities of parties are not required to be preprinted on the service contract and may be added to the service contract at the time of sale.
(3) The total purchase price and the terms under which the service contract is sold. The purchase price is not required to be preprinted on the service contract and may be negotiated at the time of sale with the service contract holder.
(4) The existence of any deductible amount, if applicable.
(5) The goods and services to be provided and any limitations, exceptions, or exclusions.
(6) Any restrictions governing the transferability of the service contract, if applicable.
(7) The terms, restrictions, or conditions governing cancellation of the service contract prior to the termination or expiration date of the service contract by either the provider or the service contract holder. The provider of the service contract shall mail a written notice to the contract holder at the last known address of the service contract holder contained in the records of the provider at least fifteen days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider, or a substantial breach of duties by the service contract holder relating to the covered product or its use. The notice shall state the effective date of the cancellation and the reason for the cancellation.
(8) The obligations and duties of the service contract holder, including but not limited to the duty to protect against any further damage and any requirement to follow an owner's manual.
(9) Whether or not the service contract provides for or excludes consequential damages or preexisting conditions, if applicable. Service contracts may, but are not required to, cover damage resulting from rust, corrosion, or damage caused by a noncovered part or system.
(10) If prior approval of repair work is required, the procedure for obtaining prior approval and for making a claim, including a toll-free telephone number for claim service and a procedure for obtaining emergency repairs performed outside of normal business hours.
Acts 2015, No. 161, §§1, 3(A), eff. Jan. 11, 2016.
A home service contract shall require every provider to permit the service contract holder to return the home service contract within twenty days of the date the home service contract was mailed to the service contract holder or within ten days of delivery if the home service contract is delivered to the service contract holder at the time of sale or within a longer time period permitted under the home service contract. Upon return of the home service contract to the provider within the applicable time period, if no claim has been made under the home service contract prior to its return to the provider, the home service contract is void and the provider shall refund to the service contract holder, or credit the account of the service contract holder, with the full purchase price of the home service contract. The right to void the home service contract provided is not transferable and shall apply only to the original service contract holder and only if no claim has been made prior to its return to the provider. A ten percent penalty per month shall be added to a refund that is not paid or credited within forty-five days after return of the home service contract to the provider.
Acts 2015, No. 161, §§1, 3(A), eff. Jan. 11, 2016.
A. A provider shall not use in its name the words "insurance", "casualty", "surety", "mutual", or any other words descriptive of the insurance, casualty, or surety business or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name of any other provider. The word "guaranty" or similar word may be used by a provider. A provider shall include in its home service contracts a statement in substantially the following form: "This agreement is not an insurance contract."
B. A provider or its representative shall not in its home service contracts or literature make, permit, or cause to be made any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted.
Acts 2015, No. 161, §§1, 3(A), eff. Jan. 11, 2016.
A. Any company selling kits for DNA testing for any purpose shall provide the user of such kit with notice in a concise and easy-to-read manner informing the user of all of the following to the extent they apply to the DNA testing kit being provided by the company:
(1) Whether the user's DNA may be used for scientific research or analysis unrelated to the service that was purchased, and whether express consent is required for such research or analysis.
(2) Information on the nature of the scientific research and analysis unrelated to the service that was purchased that may be conducted with the user's DNA.
(3) Whether the user has the option to withhold consent to the use of his DNA for scientific research or analysis unrelated to the service that was purchased.
(4)(a) Whether the user's DNA may be shared with a third party for a purpose unrelated to the service that was purchased.
(b) Whether the user's DNA may be sold to a third party for any purpose.
(5) Whether the user has the ability to have his DNA destroyed by the company upon his request.
(6) A statement as to whether the user relinquishes ownership of his DNA by submitting his DNA for testing.
B. The company shall provide to the user the notices required in Subsection A of this Section through either of the following methods:
(1) A website or mobile application, if the user is required to access the website or mobile application in order to obtain the DNA testing service that was purchased.
(2) Through a written notice included in the box in which the testing kit is provided.
C. The provisions of this Section shall not apply to a company that utilizes the DNA only for the testing service purchased, and does not provide the DNA or the test results to a third person for another use or purpose.
Acts 2018, No. 571, §1.
Any violation of this Chapter shall be treated as a deceptive and unfair trade practice and shall subject the violator to any and all penalties provided in the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq.
Acts 2018, No. 571, §1.
A. The purposes of this Chapter are the following:
(1) To create a registration and assurance mechanism for motor vehicle service contract providers in this state.
(2) To encourage innovation in the marketing and development of more economical and effective means of providing services under motor vehicle service contracts while placing the risk of innovation on the providers rather than on consumers.
(3) To permit and encourage fair and effective competition among different systems of providing and paying for these services.
B. The following shall be exempt from this Chapter:
(1) Warranties as defined in this Chapter.
(2) Maintenance-only agreements as defined in this Chapter.
(3) Service contracts sold or offered for sale to persons other than consumers.
(4) Service contracts sold or offered for sale on a single item of property sold at the time of sale of the property or within a year of the date of sale.
(5) A vehicle mechanical breakdown insurance policy or vehicle component coverage contract offered by a vehicle mechanical breakdown insurer in compliance with the applicable provisions of Title 22 of the Louisiana Revised Statutes of 1950.
(6) Tire and wheel coverage sold by a retailer as a part of a service package in concert with the sale of one or more tires or one or more wheels in compliance with the applicable provisions of Title 22 of the Louisiana Revised Statutes of 1950.
C. The types of agreements referred to in Paragraphs (B)(1) through (4) of this Section are not insurance in this state and shall be exempt from any provision of the Louisiana Insurance Code.
Acts 2018, No. 592, §2, eff. Feb. 1, 2019.
As used in this Chapter, unless the context otherwise requires, the following words and phrases shall be defined as follows:
(1) "Administrator" means the person who is responsible for the administration of the motor vehicle service contract or the motor vehicle service contract plan or who is responsible for any submission required by this Chapter.
(2) "Consumer" means a natural person who buys, other than for purposes of resale, any corporeal movable property, including a motor vehicle, that is distributed in commerce and that is normally used for personal, family, or household purposes and not for business or research purposes.
(3) "Maintenance-only agreement" means a contract of limited duration that provides only for scheduled maintenance.
(4) "Motor vehicle manufacturer" means a person who is any of the following:
(a) A manufacturer or producer of motor vehicles who sells motor vehicles under the manufacturer's or producer's own name or label.
(b) The wholly owned subsidiary of a person who manufactures or produces motor vehicles.
(c) A corporation which owns one hundred percent of a person who manufactures or produces motor vehicles.
(d) Not a manufacturer or producer of motor vehicles, but sells motor vehicles under the trade name or label of another person who manufactures or produces motor vehicles.
(e) A manufacturer or producer of motor vehicles who sells the motor vehicles under the trade name or label of another person who manufactures or produces motor vehicles.
(f) Not a manufacturer or producer of motor vehicles but who, pursuant to a written contract, licenses the use of its trade name or label to another person who manufactures or produces motor vehicles that sells motor vehicles under the licensor's trade name or label.
(5)(a) "Motor vehicle service contract" means a contract or agreement for a separately stated consideration for any duration to perform the service, repair, replacement, or maintenance of property or indemnification for service, repair, replacement, or maintenance, for the operational or structural failure of any motor vehicle due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment or indemnity under limited circumstances, including but not limited to towing, rental, and emergency road service and road hazard protection.
(b) "Motor vehicle service contract" also includes a contract or agreement for a separately stated consideration for any duration to perform any one or more of the following:
(i) The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards including but not limited to potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps.
(ii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting.
(iii) The repair of chips or cracks in or the replacement of motor vehicle windshields as a result of damage caused by road hazards.
(iv) The replacement of a motor vehicle key or key-fob in the event that the key or key-fob becomes inoperable or is lost or stolen.
(c) A motor vehicle service contract is not insurance in this state or otherwise regulated under any provision of the Louisiana Insurance Code.
(6) "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.
(7) "Provider" means a person who is contractually obligated to provide the services or indemnification under a motor vehicle service contract.
(8) "Provider fee" means the consideration paid for a motor vehicle service contract.
(9) "Reimbursement insurance policy" means a policy of insurance issued to a provider to do either of the following:
(a) Provide reimbursement to the provider pursuant to the terms of the insured motor vehicle service contracts issued or sold by the provider.
(b) In the event of the provider's nonperformance, pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured motor vehicle service contracts issued or sold by the provider.
(10)(a) "Road hazard" means a hazard that is encountered while driving a motor vehicle including but not limited to potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps.
(b) "Road hazard" shall not include any damage caused by collision with another vehicle, vandalism, or other causes usually covered under the comprehensive or collision coverages provided by an automobile physical damage policy.
(11) "Service contract holder" or "contract holder" means a person who is the purchaser or holder of a motor vehicle service contract.
(12) "Solvent" means having a current financial statement in which assets exceed liabilities as calculated in accordance with generally accepted accounting principles.
(13) "Warranty" means a warranty made solely by the motor vehicle manufacturer, importer, or seller of a vehicle that is not negotiated or separated from the sale of the vehicle and is incidental to the sale of the vehicle, that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the vehicle, or repetition of services.
Acts 2018, No. 592, §2, eff. Feb. 1, 2019.
A. Motor vehicle service contracts shall not be issued, sold, or offered for sale in this state unless the provider has done each of the following:
(1) Registered with the secretary of state and remains in good standing.
(2) Provided a receipt for, or other written evidence of, the purchase of the motor vehicle service contract to the contract holder.
(3) Provided a copy of the motor vehicle service contract to the service contract holder within a reasonable period of time from the date of purchase.
B. Each provider of a motor vehicle service contract sold in this state shall file an application for an initial registration with the secretary of state consisting of the provider's name, address, and contact person, designating a person in this state for service of process, and providing a listing of all officers, all directors, and all owners of ten percent or more of the business. Additionally, the provider shall file a copy of its basic organizational documents, including articles of incorporation, articles of organization, articles of association, or a partnership agreement.
C. A registration shall be effective for two years unless the registration is denied or revoked. Ninety days prior to the expiration of a registration, a provider shall submit a renewal application on a form prescribed by the secretary of state.
D. Each registrant shall notify the secretary of state of any material change in the registration information within sixty days of the effective date of such change. The notice shall be accompanied by supporting documentation.
E. In order to assure the faithful performance of a provider's obligations to its contract holders and to insure its outstanding obligations, each provider shall comply with the following:
(1) Each motor vehicle service contract shall be insured under a reimbursement insurance policy issued by an insurer licensed, registered, or otherwise authorized to transact the business of insurance in this state, and which complies with the provisions of Subsection F of this Section.
(2) A provider that issues motor vehicle service contracts shall obtain and file with the secretary of state a copy of the reimbursement insurance policy issued to the provider.
(3) The issuer of the reimbursement insurance policy required by this Subsection shall do either of the following:
(a) Maintain surplus as to policyholders and paid-in capital of at least fifteen million dollars.
(b) Maintain surplus as to policyholders and paid-in capital of less than fifteen million dollars but at least equal to ten million dollars and maintain a ratio of net written premiums, wherever written, to surplus as to policyholders and paid-in capital of not greater than three to one.
F. An insurer issuing a reimbursement insurance policy to a provider for any motor vehicle service contract issued, offered for sale, or sold in this state shall comply with all of the following:
(1) Be deemed to have received the premium for the insurance upon the payment of the provider fee by a consumer for a service contract issued by an insured provider.
(2) Provide reimbursement to, or payment on behalf of, the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's nonperformance, provide or pay for, on behalf of the provider, all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider.
(3) Accept a claim arising under the contract directly from a contract holder, if the provider does not comply with any contractual obligation pursuant to the contract within sixty days of presentation of a valid claim by the contract holder.
(4)(a) Terminate or not renew the policy covering service contracts issued in this state only after a notice of termination or nonrenewal is presented to the secretary of state and commissioner of insurance, at least ten days prior to the termination or nonrenewal of the policy.
(b) The termination or nonrenewal shall not reduce the insurer's responsibility for any insured contract issued or sold prior to the date of termination or nonrenewal.
G. Except for the registration requirements of this Section, providers, administrators, and persons marketing, selling, or offering to sell motor vehicle service contracts are exempt from any licensing requirements of this state and shall not be subject to other registration information or security requirements.
H. The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of motor vehicle service contracts by providers and related service contract sellers, administrators, and other persons is not insurance and shall be exempt from all provisions of the Louisiana Insurance Code.
I. Motor vehicle manufacturers are exempt from the registration and financial responsibility requirements of this Section.
J. Nothing in this Section shall be construed to limit the right of the insurer to seek indemnification or subrogation against the provider if the insurer provides or pays, or is obligated to provide or pay, for any covered contractual obligation incurred by the provider.
Acts 2018, No. 592, §2, eff. Feb. 1, 2019; Acts 2020, No. 51, §1, eff. June 5, 2020; Acts 2024, No. 176, §1.
A. Each motor vehicle service contract marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state shall be written, printed, or typed in clear, understandable language that is easy to read and shall disclose the requirements set forth in this Section, as applicable.
B. Every motor vehicle service contract shall contain all of the following information:
(1) The name and address of the provider and shall identify any administrator if different from the provider.
(2)(a) Motor vehicle service contracts insured under a reimbursement insurance policy shall contain a statement in substantially the following form: "Obligations of the provider under this service contract are insured under a service contract reimbursement insurance policy." The motor vehicle service contract shall also state the name and address of the insurer.
(b) This Paragraph shall not apply to a motor vehicle manufacturer's service contracts on the motor vehicle manufacturer's products.
(3) The name of the motor vehicle service contract seller and name of the service contract holder to the extent that the name of the service contract holder has been furnished to the service contract provider. The identities of parties are not required to be preprinted on the service contract and may be added to the service contract at the time of sale.
(4) The total purchase price and the terms under which the service contract is sold. The purchase price is not required to be preprinted on the service contract and may be negotiated at the time of sale with the service contract holder.
(5) The existence of any deductible amount, if applicable.
(6) The goods and services to be provided and any limitations, exceptions, or exclusions.
(7) Any restrictions governing the transferability of the service contract, if applicable.
(8) The terms, restrictions, or conditions governing cancellation of the service contract prior to the termination or expiration date of the service contract by either the provider or the service contract holder. The provider of the service contract shall mail a written notice to the contract holder at the last known address of the service contract holder contained in the records of the provider at least fifteen days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider, or a substantial breach of duties by the service contract holder relating to the covered product or its use. The notice shall state the effective date of the cancellation and the reason for the cancellation.
(9) The obligations and duties of the service contract holder, including but not limited to the duty to protect against any further damage and any requirement to follow an owner's manual.
(10) A statement as to whether or not the service contract provides for or excludes consequential damages or preexisting conditions, if applicable. Service contracts may, but are not required to, cover damage resulting from rust, corrosion, or damage caused by a noncovered part or system.
(11) If prior approval of repair work is required, the procedure for obtaining prior approval and for making a claim, including a toll-free telephone number for claim service and a procedure for obtaining emergency repairs performed outside of normal business hours.
(12) A statement that contains all of the following provisions:
(a) The motor vehicle service contract is not insurance.
(b) The motor vehicle service contract is not regulated by the Department of Insurance.
(c) Any concerns or complaints regarding the motor vehicle service contract may be directed to the attorney general.
Acts 2018, No. 592, §2, eff. Feb. 1, 2019.
A motor vehicle service contract shall require every provider to permit the service contract holder to return the motor vehicle service contract within twenty days of the date the motor vehicle service contract was mailed to the service contract holder or within ten days of delivery if the motor vehicle service contract is delivered to the service contract holder at the time of sale or within a longer time period permitted under the motor vehicle service contract. Upon return of the motor vehicle service contract to the provider within the applicable time period, if no claim has been made under the motor vehicle service contract prior to its return to the provider, the motor vehicle service contract is void and the provider shall refund to the service contract holder, or credit the account of the service contract holder, with the full purchase price of the motor vehicle service contract. The right to void the motor vehicle service contract provided is not transferable and shall apply only to the original service contract holder and only if no claim has been made prior to its return to the provider. A ten percent penalty per month shall be added to a refund that is not paid or credited within forty-five days after return of the motor vehicle service contract to the provider.
Acts 2018, No. 592, §2, eff. Feb. 1, 2019.
A. A provider shall not use in its name the words "insurance", "casualty", "surety", "mutual", or any other words descriptive of the insurance, casualty, or surety business or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name of any other provider. The word "guaranty" or similar word may be used by a provider. A provider shall include in its motor vehicle service contracts a statement in substantially the following form: "This agreement is not an insurance contract".
B. A provider or its representative shall not in its motor vehicle service contracts or literature make, permit, or cause to be made any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted.
Acts 2018, No. 592, §2, eff. Feb. 1, 2019.
As used in this Chapter, the following words have the meaning ascribed to them in this Section unless the context clearly indicates otherwise:
(1) "Agreement" means a written contractual agreement between the merchant and the third-party delivery service.
(2) "Consumer" means a person, business, or other entity who places an order for merchant products through the third-party delivery platform.
(3) "Likeness" means the logo, motto, or any identifiable symbols attributed and easily identified as belonging to a specific merchant.
(4) "Merchant" means a restaurant or other retail entity.
(5) "Third-party delivery platform" means the online communication platform of the third-party delivery service on which a consumer can view and search the menus of merchants and place an order for merchant products through internet-enabled technology and digital media, including websites and consumer applications accessible through smart phones and other mobile devices.
(6) "Third-party delivery service" means a company, organization, or other entity, other than a merchant, that is licensed to do business in this state and provides limited delivery services to a consumer.
Acts 2020, No. 192, §1.
NOTE: This Section is updated through the 2020 First Extraordinary Session, but is subject to final technical revisions by the Louisiana State Law Institute.
A. In the absence of an agreement, a third-party delivery service shall not advertise, promote, or otherwise convey any relationship with a merchant or use the name, likeness, trademark, or intellectual property belonging to a merchant on the third-party delivery platform.
B. An agreement executed in accordance with this Chapter shall not include a provision, clause, or covenant that requires a merchant to indemnify a third-party delivery service, any independent contractor acting on behalf of the third-party delivery service, or any registered agent of the third-party delivery service, for any damages or harm that may occur after the merchant product leaves the place of business of the merchant.
C. A merchant whose name, likeness, trademark, or intellectual property is used by a third-party delivery service in violation of this Chapter shall have the right to bring an action in a court of competent jurisdiction.
D. Upon a finding by a court of competent jurisdiction that a third-party delivery service used the name, likeness, trademark, or intellectual property of a merchant in violation of this Chapter, the court may impose a civil penalty in an amount not to exceed five thousand dollars or the amount of the merchant's actual damages, whichever is greater. The court may, in its discretion, award attorney fees to the prevailing party.
Acts 2020, No. 192, §1.
NOTE: This Section is updated through the 2020 First Extraordinary Session, but is subject to final technical revisions by the Louisiana State Law Institute.
A. This Chapter may be cited as the "Louisiana Human Genomic Security Act of 2025".
B.(1) The purpose of this Chapter is to ensure that blacklisted adversary military companies do not gain access to American human genetic information.
(2) It is declared the policy of this state to oppose the collection and analysis of human genetic information for use by the military and surveillance state of the People's Republic of China and other foreign adversaries. It is furthermore declared the policy of this state to support sanctions imposed by the United States Department of Commerce and the United States Department of Defense upon companies engaged in the collection and analysis of human genetic information for use by the military and surveillance state of the People's Republic of China and other foreign adversaries.
Acts 2025, No. 244, §2.
As used in this Chapter, the following definitions apply:
(1) "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, or parent company of those entities or business associations that exists to make a profit; or a nonprofit organization.
(2) "Domicile" means any of the following:
(a) The country where a company is registered and headquartered.
(b) The country where a company's affairs are primarily completed.
(c) The country where a majority ownership of the company is held.
(3) "Foreign adversary" means any of the following nations:
(a) The People's Republic of China including the Hong Kong Special Administrative Region.
(b) Republic of Cuba.
(c) Islamic Republic of Iran.
(d) Democratic People's Republic of Korea.
(e) Russian Federation.
(4) "Foreign adversary company" means any company, other than a United States person or United States subsidiary as defined in 15 CFR 772.1, that is any of the following:
(a) Domiciled, incorporated, issued, or listed in a foreign adversary country.
(b) Headquartered in a foreign adversary country.
(c) Has its principal place of business in a foreign adversary country.
(d) Controlled by the government of the People's Republic of China, the Chinese Communist Party, the Chinese military, or any instrumentality thereof, including the State-owned Assets Supervision and Administration Commission of the State Council or the National Social Security Fund.
(e) Is majority-owned by an entity controlled by the government of the People's Republic of China, the Chinese Communist Party, the Chinese military, or any instrumentality thereof, including the State-owned Assets Supervision and Administration Commission of the State Council or the National Social Security Fund.
(f) Itself receives or is the subsidiary of a parent company which receives more than fifty percent of its total annual revenue from a foreign adversary country.
(5) "Human genetic sequencer" means a device or platform used to conduct human genetic sequencing, resequencing, isolation, or other genetic research.
(6) "Human genetic sequencing" means any method to determine the identity and order of nucleotide bases in the human genome.
(7) "Human genome" means the complete set of deoxyribonucleic acid instructions found within a human cell encompassing all the genetic information needed for an individual to develop and function.
(8) "Human genomic research facility" means a facility that conducts research on, with, or relating to genetic sequencing or the human genome.
(9) "Medical facility" means either of the following:
(a) A facility for the delivery of healthcare services that receives state monies including interagency pass-through appropriations from the federal government.
(b) A facility licensed or certified by this state to provide healthcare services.
(10) "Operational and research software" means a computer program used for the operation, control, analysis, or other necessary functions of human genetic sequencing or human genetic sequencers.
Acts 2025, No. 244, §2.
A medical facility or research facility in this state shall not put into service within this state any new or additional human genetic sequencers or operational and research software used for human genetic analysis produced by any of the following:
(1) The government of a foreign adversary.
(2) A state-owned company of a foreign adversary.
(3) A foreign adversary company.
Acts 2025, No. 244, §2, eff. June 11, 2025.
A. A medical facility, human genomic research facility, or company shall restrict the storage of human genetic sequencing data to geographic locations outside of a foreign adversary country. Remote access to data storage, other than open data, from a foreign adversary country is prohibited.
B. A medical facility, human genomic research facility, or company storing human genetic sequencing data, including through contracts with third-party data storage companies, shall ensure the security of human genetic sequencing data by using reasonable encryption methods, restrictions on access, and other cybersecurity best practices.
Acts 2025, No. 244, §2.
A.(1) A medical facility or human genomic research facility that violates the provisions of this Chapter shall be fined ten thousand dollars per violation. A violation means each unique instance of an individual's genome having undergone genetic sequencing or analysis using a prohibited human genetic sequencer or a prohibited operational or research software.
(2) A medical facility, human genomic research facility, or company that knowingly violates the provisions of this Chapter by storing human genetic sequencing data in a foreign adversary country shall be fined ten thousand dollars per violation.
B. The attorney general has the sole authority to investigate allegations of violations of this Chapter and to enforce violations of R.S. 51:3183 and 3184.
Acts 2025, No. 244, §2.
This Chapter shall be known and may be cited as "The Veterans First Business Initiative".
Acts 2019, No. 160, §1.
A. The Legislature of Louisiana hereby finds and declares all of the following:
(1) It is necessary and appropriate to honor the sacrifice that Louisiana veterans have made on our behalf.
(2) A program recognizing and promoting veteran-owned businesses will help to instill a sense of patriotism in the community and throughout the state and will aid the men and women who were wounded, incapacitated, or otherwise placed their lives on hold to fight for freedom.
(3) After serving in the armed forces, veterans often return with dreams of starting a business to continue to serve the community, reassimilate, and earn an income in civilian life.
(4) The legislature appreciates and recognizes veterans' sacrifices and intends to encourage and promote veteran-owned businesses as a vital part of the economy of the state.
B. The Legislature of Louisiana hereby creates The Veterans First Business Initiative which shall be administered by Louisiana Economic Development.
C. It is the intent of the Legislature of Louisiana:
(1) That The Veterans First Business Initiative shall highlight and promote veteran-owned businesses to the public making them easily identifiable and accessible to enable citizens to support veterans.
(2) That a cooperation among Louisiana Economic Development, the Louisiana Department of Veterans Affairs, local chambers of commerce, regional economic development organizations, and local economic development organizations throughout the state is harmoniously developed in order to promote veteran-owned businesses.
(3) That The Veterans First Business Initiative shall reach out to veterans who own businesses to encourage and assist the veteran to apply for the program and to facilitate interactions between veteran-owned businesses and veterans seeking employment.
Acts 2019, No. 160, §1.
For the purposes of this Chapter, terms and phrases shall have the meanings ascribed as follows:
(1) "Department" means Louisiana Economic Development.
(2) "Veteran" is an individual who meets either of the following qualifications:
(a) A person who served in the active military and was discharged or released under conditions other than dishonorable.
(b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.
(3) "Veteran-owned business" means a business of which at least fifty-one percent is owned by a veteran or by a Gold Star surviving spouse of a member of the armed forces as defined by the United States Department of Defense, and as may be further provided for in rules promulgated under this Chapter.
Acts 2019, No. 160, §1.
A.(1) The department shall develop an application process including an application form prescribed by the department, for the submission and processing of applications for certification of a business as a veteran-owned business.
(2) As part of its procedure for certification, the department may require applicants to provide information in addition to that requested on the application forms.
(3) No business may be decertified as a result of any changes of application form.
B. Upon receipt of an application, the department shall, in consultation with the Louisiana Department of Veterans Affairs, confirm that the applicant is a veteran and that the business is a veteran-owned business as defined in R.S. 51:3203.
C. The department shall notify the applicant of its decision to grant or deny certification promptly after the decision has been made. If the department denies the application, the decision shall set forth the basis for denial and provide the applicant the opportunity to appeal the decision.
Acts 2019, No. 160, §1.
The department shall create an insignia for use by certified veteran-owned businesses to indicate to the public that the business is part of The Veterans First Business Initiative. After certification, a veteran-owned business shall have the right and privilege of displaying the insignia on its storefront and on any promotional or marketing materials. The display of the insignia serves to distinguish the business as being veteran-owned.
Acts 2019, No. 160, §1.
The department shall create and maintain a database of certified veteran-owned businesses. The department shall make the database available for public access on its official webpage.
Acts 2019, No. 160, §1.
The department shall work in cooperation with the Louisiana Department of Veterans Affairs for outreach to regional economic development organizations, local economic development organizations, and chambers of commerce throughout the state. The cooperation shall serve to encourage business owners who are veterans to seek certification as part of The Veterans First Business Initiative and to promote veteran-owned businesses that have been certified pursuant to the provisions of this Chapter.
Acts 2019, No. 160, §1.
The department shall promulgate, in accordance with the Administrative Procedure Act, any such rules and regulations as are necessary to implement the provisions of the Chapter.
Acts 2019, No. 160, §1.
As used in this Chapter, the following terms have the meanings ascribed to them in this Section unless the context clearly indicates otherwise:
(1) "Consumer" means any individual who uses, purchases, or leases goods or services.
(2) "Digitized identification card" means a data file available on any mobile device which has connectivity to the internet through a state-approved application that allows the mobile device to download the data file from the Department of Public Safety and Corrections or an authorized representative of the Department of Public Safety and Corrections that contains all of the data elements visible on the face and back of a license or identification card and displays the current status of the license or identification card. For purposes of this Chapter, "current status" includes valid, expired, cancelled, suspended, disqualified, active, inactive, member, nonmember, eligible, or ineligible.
(3) "Person" means any individual, firm, partnership, corporation, association, union, public or private education institution, or other organization, including but not limited to a bar or restaurant that is engaged in trade or commerce within the geographic boundaries of this state.
(4) "Trade" or "commerce" means the advertising, offering for sale, sale, or distribution of any services, including educational services, and any property, corporeal or incorporeal, immovable or movable, and any other article, commodity, or thing of value wherever situated, and includes any trade or commerce directly or indirectly affecting the people of this state.
Acts 2020, 2nd Ex. Sess., No. 21, §1, eff. Dec. 22, 2020.
A. When a person requests a consumer to produce valid identification for the purpose of furnishing proof of the consumer's identification or age, the person shall accept a state-issued digitized identification card as a valid form of identification.
B. A digital copy, photograph, or image of a digitized identification card which is not downloaded through a state-approved application on a mobile device shall not be considered a valid digitized identification card as provided for by this Chapter.
C. The display of a digitized identification card does not serve as consent or authorization for a person to search, view, or access any other data or application on the consumer's mobile device. When a consumer presents his mobile device to a person for the purpose of displaying a digitized identification card, the person shall promptly return the mobile device to the consumer once the person has had an opportunity to verify the identity or age of the consumer and the current status of the license or identification card.
D.(1) Under no circumstances shall this state, or any of its agencies, be held liable in any manner legally or otherwise as a result of the use or misuse of a digitized identification card.
(2) Under no circumstances shall a private business, legal entity, or person be held liable in any manner legally or otherwise as a result of the use or misuse of a digitized identification card.
Acts 2020, 2nd Ex. Sess., No. 21, §1, eff. Dec. 22, 2020.
The Louisiana Gaming Control Board, the Louisiana State Racing Commission, and the office of alcohol and tobacco control have authority to take actions, not inconsistent with law, as deemed necessary to ensure a respective licensee's compliance with the provisions of this Chapter.
Acts 2020, 2nd Ex. Sess., No. 21, §1, eff. Dec. 22, 2020.
A. The provisions of this Chapter do not apply to a location of business in the state of Louisiana where a physical copy of an individual's current driver's license, valid passport, or visa issued by the federal government or another country or nation, or other card of identity is held in compliance with state or federal law.
B. Notwithstanding any other provision of law to the contrary, the provisions of this Chapter do not apply to the following:
(1) A federally insured depository institution that is organized under the laws of this state, another state, or the United States. However, a federally insured depository institution may, at its option, accept a digitized identification card as a valid form of identification.
(2) An entity licensed pursuant to the provisions of Title 27 of the Louisiana Revised Statutes of 1950, including but not limited to a casino, official gaming establishment, or other establishment providing gaming operations. However, such licensee may, at its option, accept a digitized identification card as a valid form of identification.
(3) An entity licensed pursuant to the provisions of Chapter 4 of Title 4 of the Louisiana Revised Statutes of 1950. However, such licensee may, at its option, accept a digitized identification card as a valid form of identification.
(4) A person validating identification for notarial acts involving immovable property, authentic acts, testaments or codicils thereto, trust instruments or acknowledgments thereof, donations inter vivos, matrimonial agreements or acknowledgments thereof, and acts modifying, waiving, or extinguishing an obligation of final spousal support or acknowledgments thereof. However, a notary public may, at its option, accept a digitized identification card as a valid form of identification.
(5) A person or entity licensed pursuant to the provisions of Subpart R of Part I of Chapter 2 of Title 22 of the Louisiana Revised Statutes of 1950. However, such licensee may, at its option, accept a digitized identification card as a valid form of identification.
(6) A used motor vehicle dealer licensed pursuant to the provisions of Chapter 4-C of Title 32 of the Louisiana Revised Statutes of 1950 or a dealer licensed pursuant to the provisions of Chapter 6 of Title 32 of the Louisiana Revised Statutes of 1950. However, the licensed used motor vehicle dealer or licensed dealer may, at its option, accept a digitized identification card as a valid form of identification.
Acts 2020, 2nd Ex. Sess., No. 21, §1, eff. Dec. 22, 2020.
The importation of any product into this state produced in or originating from the Russian Federation is prohibited. This prohibition includes imports of oil and gas, iron and steel, precious metals, and agricultural products.
Acts 2022, No. 236, §1, eff. May 31, 2022.
The provisions of this Chapter shall terminate and have no effect upon the expiration, removal, or lifting of all sanctions imposed by the United States Department of Treasury in accordance with 31 CFR Part 587.
Acts 2022, No. 236, §1, eff. May 31, 2022.
This Chapter shall be known and may be cited as the "Louisiana True Origin of Digital Goods Act".
Acts 2022, No. 267, §1.
As used in this Chapter:
(1) "Commercial recording or audiovisual work" means a recording or audiovisual work whose owner, assignee, authorized agent, or licensee has disseminated or intends to disseminate for sale, rental, performance, or exhibition to the public, including under license, but does not include an excerpt consisting of less than substantially all of a recording or audiovisual work. A recording or audiovisual work may be commercial regardless of whether a person who electronically disseminates it seeks commercial advantage or private financial gain from the dissemination.
(2) "Electronic dissemination" means initiating a transmission of, making available, or otherwise offering a commercial recording or audiovisual work for distribution, display, or performance through the internet or other digital network, regardless of whether another person has previously electronically disseminated the same commercial recording or audiovisual work.
(3) "Website" means a set of related webpages served from a single web domain. The term does not include a home page or channel page for the user account of a person who is not the owner or operator of the website upon which such user home page or channel page appears.
Acts 2022, No. 267, §1.
A. A person who owns or operates a website or online service dealing in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual works, directly or indirectly, and who electronically disseminates such works to consumers in this state shall clearly and conspicuously disclose his name, physical address, telephone number, and electronic mail address on his website or online service in a location readily accessible to a consumer using or visiting the website or online service.
B. For the purposes of this Section, any of the following locations are considered readily accessible:
(1) A landing or home webpage or screen.
(2) An "about" or "about us" webpage or screen.
(3) A "contact" or "contact us" webpage or screen.
(4) An information webpage or screen.
(5) Any place on the website or online service commonly used to display information identifying the owner or operator of the website or online service to consumers.
Acts 2022, No. 267, §1.
A. An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by the website or online service in violation of this Chapter may bring a proceeding against a person who violates or threatens to violate the provisions of this Chapter to obtain the following:
(1) A declaratory judgment that an act or practice violates this Chapter.
(2) Permanent or temporary injunctive relief.
B. Before filing an action under this Section, the aggrieved party shall make reasonable efforts to provide notice to the person alleged to be in violation of the provisions of this Chapter, and the notice shall be in writing and shall state the following:
(1) The person may be in violation of the provisions of this Chapter.
(2) A failure to cure the violation within fourteen days may result in an action being filed against the person pursuant to this Chapter.
C. After the fourteenth day of properly providing notice in accordance with Subsection B of this Section, if the person continues to violate the provisions of this Chapter, the aggrieved party may bring an action pursuant to this Section in a court of competent jurisdiction.
D. On motion of the party initiating the cause of action, the court may make appropriate orders to compel compliance with this Chapter.
Acts 2022, No. 267, §1.
This Chapter is supplemental to those provisions of state and federal criminal and civil law which impose prohibitions or provide penalties, sanctions, or remedies against the same conduct prohibited by this Chapter. This Chapter shall not bar any cause of action or preclude the imposition of sanctions or penalties that would otherwise be available under state or federal law.
Acts 2022, No. 267, §1.
The provisions of this Chapter shall not impose financial liability on providers of an interactive computer service, communications service, commercial mobile service, or information service, including an internet access service provider, an advertising network or exchange, a domain name registration provider, or a hosting service provider, to the extent that the providers provide the transmission, storage, or caching of electronic communications or messages of others or provide another related telecommunications service, a commercial mobile radio service, or an information service for use by another person that violates this Chapter.
Acts 2022, No. 267, §1.
A violation of this Chapter shall be a deceptive and unfair trade practice and shall subject the violator to any of the actions, including public and private actions, remedies, and penalties provided in the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq.
Acts 2022, No. 267, §1.
A. As used in this Section, the following words and phrases shall have the following meanings:
(1) "Performing group" means a vocal or instrumental group of one or more members that intends to advertise or perform under the name of a recording group or a name so similar to the name used by a recording group as to cause confusion among members of the public.
(2) "Recording group" means a vocal or instrumental group of one or more members, with at least one of the members having previously released a commercial sound recording under the group's name and the legal rights to the recording have not been abandoned.
(3) "Sound recording" means a work that results from the fixation of a series of musical, spoken, or other sounds, regardless of the nature of the material object, such as phonograph, disc, tape, wire, digital storage, or other medium, in which the sounds are embodied.
B. No person shall knowingly advertise or conduct a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between the performing group and a recording group.
C. The provisions of this Section shall not apply if any of the following occurs:
(1) The performing group is the authorized registrant and owner of a federal service mark or trademark for the recording group that is registered in the United States, or is a licensee of or otherwise authorized to use the service mark or trademark by such registrant and owner.
(2) At least one member of the performing group was a member of the recording group and that member has a legal right to use or operate under the name of the recording group without having abandoned the name or affiliation with the recording group.
(3) The live musical performance or production is identified in all advertising and promotion as a salute or tribute, and the name of the performing group is not so similar to the name used by the recording group as to cause confusion among members of the public.
(4) The performance or production is expressly authorized by the recording group.
D.(1) The attorney general or a district attorney of this state may bring an action on behalf of the state, for a permanent or temporary injunction, against a person advertising or conducting, or a person who intends to advertise or conduct, a live musical performance or production in violation of Subsection B of this Section.
(2) In connection with the permanent injunction issued pursuant to this Subsection, the court shall order a person who violates the provisions of this Section to restore actual damages and property that may have been acquired as a result of a violation of this Section.
E.(1) A person who violates Subsection B of this Section shall be liable to the state for a civil penalty of not less than five thousand dollars and not more than fifteen thousand dollars for each violation. Each performance or production in violation of Subsection B of this Section shall constitute a separate violation.
(2) The civil penalties provided in this Section are in addition to any injunctive relief or any other remedy that may be available.
F. Any party, assignee, authorized agent, or licensee who is injured as a result of a person's violation of the provisions of Subsection B of this Section of that party may bring a civil action for damages, reasonable attorney fees, and court costs. Each performance or production in violation of Subsection B of this Section shall constitute a separate violation.
G. This Section shall not apply to a legislatively created tourist commission, convention facility, or destination marketing organization.
Acts 2022, No. 311, §1.
A. For the purposes of this Section, the following terms apply:
(1) "Advertisement" means any communication through a media entity for mass distribution of information.
(2) "Media entity" means a radio broadcast station, television broadcast station, cable television company, newspaper company, periodical company, billboard company, advertisement agency, media platform, or bona fide news or public interest website operator.
B. An advertisement shall not be deceptive or misleading and shall not do any of the following:
(1)(a) Be presented as a medical alert, health alert, drug alert, public service announcement, or a substantially similar phrase that suggests to a reasonable viewer that the advertisement is offering professional, medical, or government agency advice about any medication or medical device.
(b) The provisions of this Paragraph shall not apply to an advertisement that offers professional, medical, or government agency advice about any medication or medical device if the person responsible for the advertisement is authorized by law to offer the advice in an advertisement.
(2) Display the logo of a federal or state government agency in a manner that suggests to a reasonable viewer that the advertisement is presented by a federal or state government agency or by an entity approved by or affiliated with a federal or state government agency.
(3) Use the term "recall" when referring to a product that has not been recalled in accordance with an applicable state or federal regulation.
C.(1) An advertisement that references a prescription drug or medical device approved by the United States Food and Drug Administration shall state both of the following:
(a) The identity of the sponsor of the advertisement.
(b) That the drug or medical device is approved by the United States Food and Drug Administration, unless the drug or medical device has been recalled in accordance with an applicable state or federal regulation.
(2) An advertisement referencing a prescription drug approved by the United States Food and Drug Administration shall include the following statement or a substantially similar statement: "Consult your physician before making decisions regarding prescribed medication or medical treatment."
D. The statements required to appear in an advertisement pursuant to this Section shall be made in written and verbal formats, except as follows:
(1) If the statements appear in an advertisement that is in print format only, including but not limited to a newspaper or other periodical advertisement, the statements shall be in writing.
(2) If the statements appear in an advertisement that is in audible format only, including but not limited to a radio advertisement, the statements shall be made verbally.
E.(1)(a) A written statement to appear in an advertisement pursuant to this Section shall be presented clearly, conspicuously, and for a sufficient length of time for a reasonable viewer to see and read the statement.
(b) A court may determine that a written statement in an advertisement is in compliance with the provisions of this Section if the statement is printed in the same size and style of font and for the same duration as other printed information in the advertisement.
(2)(a) A verbal statement required to appear in an advertisement pursuant to this Section shall be audible, intelligible, and presented with equal prominence as the other parts of the advertisement.
(b) A court may determine that a verbal statement in an advertisement is in compliance with the provisions of this Section if the statement is made at approximately the same volume and uses approximately the same number of words per minute as the voice-over of longest duration in the advertisement other than the information required by this Section.
F. A violation of this Section shall be a deceptive and unfair trade practice and shall subject the violator to all penalties provided for in the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq.
G.(1) The provisions of this Section shall not apply to any media entity responsible for the production or publication of any advertisement found to be in violation of this Section.
(2) The carriage, distribution, transmission, or display of any advertisement by a media entity shall not be considered a violation of this Section.
H. The provisions of this Chapter shall not apply to any member of a profession if the regulation of that profession has been granted to a governmental entity pursuant to Article V, Section 5 of the Constitution of Louisiana.
Acts 2022, No. 700, §1.
As used in this Chapter, the following words and phrases shall have the following meanings:
(1) "Consumer product" means any tangible personal property that is distributed in commerce and used for personal, family, or household purposes, including any property intended to be attached to or installed in any real property without regard to whether it is attached or installed.
(2) "High-volume third-party seller" means a participant on an online marketplace's platform who is a third-party seller and who has entered into two hundred or more discrete sales or transactions of new or unused consumer products in any twelve-month period during the previous twenty-four months, which result in an aggregate total of five thousand dollars or more in total gross revenue. For purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues, an online marketplace shall be required only to count sales or transactions made through the online marketplace and for which payment was processed by the online marketplace, either directly or through its payment processor.
(3) "Online marketplace" means any person or entity that operates a consumer-directed electronically based or accessed platform that meets all of the following criteria:
(a) Has features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state.
(b) Is used by one or more third-party sellers for such purposes.
(c) Has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.
(4) "Seller" means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace platform.
(5) "Third-party seller" means any seller, independent of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in this state through an online marketplace. Third-party seller shall not include either of the following:
(a) A seller who operates the online marketplace's platform.
(b) A business entity that has made available to the general public the entity's name, business address, and working contact information; an ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products; and provided to the online marketplace identifying information which has been verified in accordance with this Chapter.
(6) "Verify" means to confirm information provided to an online marketplace pursuant to this Chapter, which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller's behalf, not misappropriated, and not falsified.
Acts 2022, No. 316, §1, eff. Jan. 1, 2023.
A.(1) An online marketplace shall require that any high-volume third-party seller on the online marketplace's platform provide the online marketplace with all of the following information not later than ten days after qualifying as a high-volume third-party seller on the platform:
(a) The bank account number of the high-volume third-party seller or, if the high-volume third-party seller does not have a bank account, the name of the payee for payments issued by the online marketplace to the high-volume third-party seller. The high-volume third-party seller shall provide the bank account or payee information directly to the online marketplace or to a third party contracted by the online marketplace to maintain such information, provided that the online marketplace is able to obtain the information on demand from the other third party.
(b) The high-volume third-party seller's contact information, including but not limited to the following information:
(i) If the high-volume third-party seller is an individual, the individual's name.
(ii) If the high-volume third-party seller is not an individual, either a copy of a valid government-issued identification for an individual acting on behalf of a high-volume third-party seller or a copy of a valid government-issued record or tax document that includes the business name and physical address of the high-volume third-party seller.
(c) A business tax identification number of the high-volume third-party seller or, if the high-volume third-party seller does not have a business tax identification number, a taxpayer identification number.
(d) A current working phone number and electronic mail address for the high-volume third-party seller.
(2)(a) Periodically, but not less than annually, an online marketplace shall notify each high-volume third-party seller on the online marketplace's platform of the requirement to update information collected pursuant to this Section.
(b) An online marketplace shall require any high-volume third-party seller to electronically certify whether the high-volume third-party seller has submitted updated information not later than ten days after receiving an annual notice.
(c) If the high-volume third-party seller does not provide the information or certification required by this Subsection, the online marketplace shall, after providing the high-volume third-party seller with written or electronic notice and an opportunity to provide the information or certification within ten days after issuance of the notice, suspend the sales activity of the high-volume third-party seller until the certification is completed by the high-volume third-party seller.
B.(1) Except as provided in Paragraph (2) of this Subsection, an online marketplace shall verify the information and any changes to the information collected pursuant to this Section within ten days after collecting the data.
(2) If a high-volume third-party seller provides a copy of a valid government-issued tax document, any information contained in the document shall be presumed to be verified as of the date of issuance of the document.
Acts 2022, No. 316, §1, eff. Jan. 1, 2023.
A. Any data that is collected to comply with any requirement of this Chapter may not be used for any other purpose except as required by law.
B. An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the data collected to comply with the requirements of this Chapter from unauthorized use, disclosure, access, destruction, or modification.
Acts 2022, No. 316, §1, eff. Jan. 1, 2023.
A. An online marketplace shall require any high-volume third-party seller that has an aggregate total of twenty thousand dollars or more in annual gross revenues on the online marketplace to provide the contact information of the high-volume third-party seller, including but not limited to the following identifiable information:
(1) The full name of the high-volume third-party seller, which may include the high-volume third-party seller's name or company name, or the name by which the high-volume third-party seller or company operates on the online marketplace.
(2) The physical address of the high-volume third-party seller.
(3) Contact information for the high-volume third-party seller to allow for the direct, unhindered communication with the high-volume third-party seller by users of the online marketplace, including but not limited to any of the following:
(a) A current working phone number.
(b) A current working electronic mail address.
(c) Other means of direct electronic messaging, provided to the high-volume third-party seller by the online marketplace, provided this requirement shall not prevent an online marketplace from monitoring communications between high-volume third-party sellers and users of the online marketplace for fraud, abuse, or spam.
B. An online marketplace shall disclose the information required by Subsection A of this Section to consumers in a conspicuous manner in an order confirmation message or other document or communication made to the consumer after a purchase is finalized and in the consumer's account transaction history.
C. If the high-volume third-party seller uses a different seller to supply the consumer product to the consumer, upon purchase and upon the request of an authenticated purchaser, the seller who supplies the consumer product to the purchaser shall disclose the information required by Subsection A of this Section to the purchaser.
D.(1) Upon the request of a high-volume third-party seller, an online marketplace may provide a partial disclosure of the information required by Subsection A of this Section as follows:
(a) If the high-volume third-party seller demonstrates to the online marketplace that the seller does not have a business address and has only a residential street address, or has a combined business and residential address, the online marketplace may disclose only the country and, if applicable, the state where the high-volume third-party seller resides. The online marketplace may inform consumers that there is no business address available for the high-volume third-party seller and that consumer inquiries may be submitted to the high-volume third-party seller's phone, electronic mail address, or other electronic messaging provided to the seller by the online marketplace.
(b) If a high-volume third-party seller certifies to the online marketplace that the high-volume third-party seller is a business that has a physical address for product returns, the online marketplace may disclose the high-volume third-party seller's physical address for product returns.
(c) If a high-volume third-party seller certifies to the online marketplace that the high-volume third-party seller does not have a phone number other than a personal phone number, the online marketplace shall inform consumers that there is no phone number available for the seller and that consumer inquiries should be submitted to the seller's electronic mail address or other means of electronic messaging provided to the seller by the online marketplace.
(2) If an online marketplace becomes aware that a high-volume third-party seller has made a false representation to the online marketplace in order to justify partial disclosure of information required pursuant to this Section or that a high-volume third-party seller who has requested and has received a provision for a partial disclosure has not provided responsive answers within a reasonable time to consumer inquiries submitted to the high-volume third-party seller's contact information, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to respond not later than ten days after the issuance of such notice, suspend any future sales of the seller unless the seller consents to the disclosure of the identity information required pursuant to this Chapter.
E. An online marketplace shall disclose to consumers in a clear and conspicuous manner on the product listing of any high-volume third-party seller a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace.
Acts 2022, No. 316, §1, eff. Jan. 1, 2023.
Any violation of this Chapter shall be a deceptive and unfair trade practice and shall subject the online marketplace to any and all actions and penalties provided for in the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq., excluding private rights of action as provided in R.S. 51:1409 and 1409.1.
Acts 2022, No. 316, §1, eff. Jan. 1, 2023.
No political subdivision may establish, mandate, or otherwise require an online marketplace to collect or verify information from a high-volume third-party seller or disclose information to a consumer on a one-time or ongoing basis.
Acts 2022, No. 316, §1, eff. Jan. 1, 2023.
For the purposes of this Chapter, the following terms and phrases shall have the meanings ascribed as follows:
(1) "Housing provider" means a property owner, lessor, property manager, or property management company that offers residential property for lease or rent.
(2) "Individual meter" means a residential unit with a meter affixed to it that is used to monitor the consumption of water, gas, or electricity.
(3) "Original bill" means the utility bill provided to the housing provider by a utility for a specific unit or residential unit.
(4) "Tenant" means a lessee of residential property or a person whose name appears on a lease indicating that the person is an occupant of the residential property.
(5) "Third-party billing" means a form of billing where an intermediary handles the invoicing and payment between a housing provider and a tenant.
(6) "Unit" or "residential unit" means a living space or combination of rooms designed to provide independent year-round living facilities for one family or household, with provisions for sleeping, eating, and sanitation.
(7) "Utility" or "utilities" means a provider of water, gas, or electric service that is regulated by the Louisiana Public Service Commission or a local governmental subdivision or owned or operated by a local governmental subdivision.
Acts 2024, No. 577, §1.
This Chapter applies to any housing provider that utilizes third-party billing to manage utility billing for a residential unit with an individual meter and is offered for lease or rent.
Acts 2024, No. 577, §1.
A. A tenant may request a housing provider to supply him with a copy of the original bill for any utility supplied to the unit in which the tenant resides.
B. The request authorized in Subsection A of this Section shall be in writing and specify the following:
(1) Each utility for which the tenant is requesting a copy of the original bill.
(2) The range of dates for which the tenant is requesting a copy of an original bill or bills. Dates requested shall be no earlier than the last day of the billing cycle immediately preceding the date that the request is transmitted to the housing provider.
(3) Whether the tenant is requesting to be provided with a copy of all future original bills for the utility specified in the request.
C. A housing provider shall supply the tenant with copies of the original bill for the previous billing cycle or cycles requested in compliance with this Section within thirty days of receipt of a request that complies with this Section.
D. A housing provider shall supply the tenant with a copy of the original bill for future billing cycles requested in compliance with this Section within thirty days of receipt of the original bill.
E. Failure of a housing provider to comply with this Section shall not relieve a tenant from the responsibility to remit full payment to a third-party billing service.
F. The request authorized by this Section and the response required by this Section may be by electronic means if the electronic means meets the requirements of the Louisiana Uniform Electronic Transactions Act, R.S. 9:2601 et seq.
Acts 2024, No. 577, §1.
A. A housing provider that violates the provisions of this Chapter shall be fined not more than five hundred dollars per violation.
B. A tenant may bring a civil action against a housing provider in violation of the provisions of this Chapter to enjoin further violation and recover penalties pursuant to Subsection A of this Section.
C. The attorney general may bring an action against a housing provider in violation of the provisions of this Chapter to seek injunctive relief and to impose penalties pursuant to Subsection A of this Section.
Acts 2024, No. 577, §1.
This Chapter shall be known and may be cited as the "Energy Utility Reporting Transparency Act".
Act 2025, No. 311, §1, eff. June 24, 2025.
For the purposes of this Chapter, the following definitions apply:
(1) "Annual consumption report" means a detailed report of the aggregate energy usage for all the meters associated with a property during the previous calendar year, including but not limited to total usage, peak usage periods, and cost.
(2) "Commission" means the Public Service Commission.
(3) "Energy utility" means any public utility providing electricity or natural gas services within the state.
Act 2025, No. 311, §1, eff. June 24, 2025.
A. The commission shall annually publish a list that includes both of the following:
(1) Energy utilities that offer property owners with multiple meters the option to request an annual consumption report.
(2) Energy utilities that do not offer the option listed in Paragraph (1) of this Subsection.
B. The commission shall do all of the following with the list required by Subsection A of this Section:
(1) Publish on the commission's website.
(2) Distribute to relevant state and local government offices, including but not limited to:
(a) Louisiana Economic Development.
(b) Parishes.
(c) Cities.
C. The commission shall publish the list required by Subsection A of this Section by March first of each year, covering the previous calendar year.
Act 2025, No. 311, §1, eff. June 24, 2025.
An energy utility shall report to the commission annually, by January fifteenth, whether it does or does not offer property owners with multiple meters the option to request an annual consumption report.
Act 2025, No. 311, §1, eff. June 24, 2025.
A. The commission shall promulgate any rules and regulations necessary for the collection and publication of the information outlined in this Chapter.
B. This Chapter does not require an energy utility to provide an annual consumption report, but an energy utility shall disclose to the commission whether it does or does not provide this service.
Acts 2025, No. 311, §1, eff. June 24, 2025.
This Chapter shall be known and may be cited as the "Second Amendment Financial Privacy Act".
Acts 2024, No. 585, §1.
As used in this Chapter, the following words and phrases have the following meanings:
(1) "Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.
(2) "Assign" or "assignment" refers to a covered entity's policy, process, or practice that labels, links, or otherwise associates a merchant category code with a merchant or a payment card transaction in a manner that allows the covered entity or any other entity facilitating or processing the payment card transaction to identify whether a merchant is a firearm retailer or whether a transaction involves the sale of firearms or ammunition.
(3) "Covered entity" means an entity, or agent of an entity, that establishes a relationship with a retailer for the purpose of processing credit, debit, or prepaid transactions.
(4) "Firearm" has the same meaning as in R.S. 40:1781 and includes a firearm component or accessory.
(5) "Firearm retailer" means any person or entity that is physically located in this state and is engaged in the lawful selling or trading of firearms, antique firearms, or ammunition to be used in firearms or antique firearms.
(6) "Government entity" means the state, a political subdivision of the state, or any court, agency, or instrumentality of the foregoing.
(7) "Merchant category code" means the code, approved by the international organization for standardization or an equivalent successor organization specifically for firearm retailers, that is assigned to a retailer based on the types of goods and services offered to a retailer's customers.
(8) "Payment card" means credit card, charge card, debit card, or any other card that is issued to a customer and allows the customer to purchase goods or services from a merchant.
(9) "Payment card network" means an entity, or agent of an entity, that provides the proprietary services, infrastructure, and software to conduct debit card or credit card transaction authorizations, clearances, and settlements and that an entity uses to accept as a form of payment a brand of debit card, credit card, or other device that may be used to carry out debit or credit transactions.
(10) "Payment card transaction" means any transaction in which a payment card is accepted as payment.
Acts 2024, No. 585, §1.
A. Except for those records kept during the regular course of a criminal investigation and prosecution, or as otherwise required by law, no government entity or official and no agent or employee of a governmental entity shall knowingly keep or cause to be kept any list, record, or registry of privately owned firearms or the owners of those firearms.
B. A payment card network shall not require or incentivize the use of a merchant category code in a manner that distinguishes a firearm retailer from other retailers.
C. A covered entity shall not assign a firearm retailer a merchant category code that distinguishes the firearm retailer from other retailers.
Acts 2024, No. 585, §1.
A. The attorney general shall investigate reasonable allegations that a person or entity, including a government entity, has violated the provisions of this Chapter and, upon finding violation, provide written notice to the person or entity believed to have committed the violation. The person or entity shall cease the violation within thirty business days after receiving written notice from the attorney general pursuant to this Section.
B.(1) If a person or entity does not cease the violation within thirty business days after receiving written notice from the attorney general in accordance with this Section, the attorney general shall file an action against that person or entity to seek an injunction.
(2) If the court finds that the person or entity violated the provisions of this Chapter and has not ceased the activity constituting the violation, the court shall enjoin the person or entity from continuing such activity and shall award attorney fees and costs.
(3) If a person or entity purposely fails to comply with an injunction issued pursuant to Paragraph (2) of this Subsection after thirty business days of being served with the injunction, the attorney general, upon petition to the court, shall seek to impose on that person or entity a civil fine in an amount not to exceed one thousand dollars per violation. In assessing such a civil fine, the court shall consider factors resulting from the violation, including the financial resources of the violator and the harm or risk of harm to the rights under the Second Amendment to the United States Constitution and Article I, Section 11 of the Constitution of Louisiana.
(4) Any order assessing a civil fine pursuant to Paragraph (3) of this Subsection shall be stayed pending appeal of the order.
C. The attorney general has exclusive authority to enforce the provisions of this Chapter. The remedies set forth in this Section are the exclusive remedies for any violation of this Chapter.
D. It shall be a defense to a proceeding initiated pursuant to this Section that a merchant category code was required to be permitted or assigned by law.
Acts 2024, No. 585, §1.
A. For the purposes of this Section, the following terms have the following meanings:
(1) "Food service establishment" means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public.
(2) "Third-party restaurant reservation platform" means any website, mobile application, or other internet service that meets both of the following:
(a) Offers or arranges for reserving on-premises service for a customer at a food service establishment.
(b) Is owned and operated by a person other than the person who owns the food service establishment.
B. A third-party restaurant reservation platform shall not list, advertise, promote, or sell reservations for a food service establishment through the website, mobile application, or other internet service of such third-party restaurant reservation platform if the platform has no contractual relationship or agreement with the food service establishment, or its contractual designee, to offer or arrange for reservations for on-premises service at such food service establishment.
C.(1) The attorney general may impose a civil penalty on a third-party restaurant reservation platform in an amount not to exceed one thousand dollars for each violation of this Section. Violations of this Section accrue on a daily basis for each day and for each food service establishment in which there has been a violation of this Section.
(2) All monies received from the payment of a civil penalty imposed and collected pursuant to the provisions of this Subsection shall be used by the attorney general to promote consumer protection and education.
(3) The attorney general may seek restitution to a person who paid for a reservation from a third-party restaurant reservation platform that does not have a contractual relationship or agreement with the food service establishment. The restitution shall not exceed the amount actually paid by the person to the third-party restaurant reservation platform.
Acts 2025, No. 135, §1.
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