§ 3:121 Declaration of policy
§ 3:122 Terms defined
§ 3:123 Who may organize
§ 3:124 Purposes
§ 3:125 Powers
§ 3:126 Members
§ 3:127 Articles of association
§ 3:128 Amendments to articles of incorporation
§ 3:129 By-laws
§ 3:130 General and special meetings; how called
§ 3:131 Directors; election
§ 3:132 Election of officers
§ 3:133 Stock; membership certificates; when issued; voting; liability; limitations on transfer and ownership
§ 3:134 Removal of officer or director
§ 3:135 Referendum
§ 3:136 Marketing contract
§ 3:137 Remedies for breach of contract
§ 3:138 Purchasing business of other associations, persons, firms or corporations; payment; stock issued
§ 3:139 Conflicting laws not to apply
§ 3:140 Limitation of use of term “co-operative”
§ 3:141 Interest in other corporations or associations
§ 3:142 Contracts and agreements with other associations
§ 3:143 Associations heretofore organized may adopt these provisions
§ 3:144 How associations organized in another state may carry on business in this state
§ 3:145 Breach of marketing contract of co-operative associations; spreading false reports about the finances or management thereof
§ 3:146 Associations not in restraint of trade
§ 3:147 Annual license fees
§ 3:149 Application of general corporation laws

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Terms Used In Louisiana Revised Statutes > Title 3 > Chapter 2 > Part II - Co-Operative Marketing Associations

  • Activity: means a distinct subset of functions or services within a program. See Louisiana Revised Statutes 39:2
  • Advanced life support: means an advanced level of pre-hospital, interhospital, and emergency service care which includes basic life support functions, cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive ventilation devices, trauma care, and other techniques and procedures authorized in writing by the secretary pursuant to department regulations. See Louisiana Revised Statutes 40:1075.3
  • aerosol: shall mean a material which is dispensed from its container as a mist, spray, or foam by a propellant under pressure. See Louisiana Revised Statutes 40:1057.1
  • Agency: means any state office, department, board, commission, institution, division, officer or other person, or functional group, heretofore existing or hereafter created, that is authorized to exercise, or that does exercise, any functions of the government of the state in the executive branch, but not any governing body or officer of any local government or subdivision of the state, or any parochial officer who exercises functions coterminous with the municipality in which he performs those functions. See Louisiana Revised Statutes 39:2
  • Agricultural products: include horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and other farm products;

    (2)  "Member" includes actual members of associations without capital stock and holders of common stock in associations organized with capital stock;

    (3)  "Association" means any association organized under this Part; and,

    (4)  "Person" includes individuals, firms, partnerships, corporations, and associations. See Louisiana Revised Statutes 3:122

  • Appropriation: means an authorization by the legislature to a budget unit for a program to expend from public funds a sum of money, for purposes designated, under the procedure prescribed in this Chapter. See Louisiana Revised Statutes 39:2
  • Association: means any association organized under this Part; and,

    (4)  "Person" includes individuals, firms, partnerships, corporations, and associations. See Louisiana Revised Statutes 3:122

  • Autologous donations: means the donation or collection of blood, blood products, or tissue from a patient strictly intended for that patient's own future use. See Louisiana Revised Statutes 40:1113.1
  • Basic life support: means a basic level of pre-hospital care which includes patient stabilization, airway clearance, cardiopulmonary resuscitation, hemorrhage control, initial wound care and fracture stabilization, and other techniques and procedures authorized by the secretary. See Louisiana Revised Statutes 40:1075.3
  • Board: shall mean the Louisiana Cancer and Lung Trust Fund Board. See Louisiana Revised Statutes 40:1105.1
  • Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 40:1103.2
  • Budget office: means the section of the division of administration which monitors budgeting functions. See Louisiana Revised Statutes 39:2
  • Budget unit: means any spending agency of the state which is declared to be a budget unit by the division of administration and which is identified for accounting purposes by a five-digit number code. See Louisiana Revised Statutes 39:2
  • commerce: means any and all commerce within the state of Louisiana and subject to the jurisdiction thereof, and includes the operation of any business or service establishment. See Louisiana Revised Statutes 40:1057.1
  • Commission: means the Louisiana Cybersecurity Commission. See Louisiana Revised Statutes 39:15.12
  • Consensus estimating conference: means the Economic Estimating Conference, the Demographic Estimating Conference, the Education Estimating Conference, the Criminal Justice Estimating Conference, the Health and Social Services Estimating Conference, and the Transportation Estimating Conference. See Louisiana Revised Statutes 39:2
  • Coordinator: means the person coordinating the EMSC program. See Louisiana Revised Statutes 40:1075.3
  • Current tax collections: means the current collections of the taxes imposed by Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 39:2
  • Decedent: A deceased person.
  • Deficit: means the excess for any fiscal year of actual expenditures paid by warrant or transfer over the actual monies received and any monies or balances carried forward for any fund at the close of the fiscal year as such are reported by the office of statewide reporting within the division of administration. See Louisiana Revised Statutes 39:2
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1109.1
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1103.2
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1101.2
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1075.3
  • department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1057.1
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1073.1
  • Down syndrome: means a chromosomal condition caused by the presence of an extra whole or partial copy of chromosome 21. See Louisiana Revised Statutes 40:1109.1
  • Early intervention services: means services that are designed to meet the developmental needs of an infant or toddler with a disability, in any one or more of the following areas:

                (a) Physical development. See Louisiana Revised Statutes 40:1073.1

  • Early intervention services provider: includes but is not limited to the following:

                (a) Special educators. See Louisiana Revised Statutes 40:1073.1

  • Efficiency: means cost-effectiveness or productivity relative to achievement of an objective. See Louisiana Revised Statutes 39:2
  • Emergency medical services personnel: means persons trained and certified or licensed to provide emergency medical care, whether on a paid or volunteer basis, as part of a basic life support or advanced life support pre-hospital emergency care service or in an emergency department or pediatric critical care or specialty unit in a licensed hospital. See Louisiana Revised Statutes 40:1075.3
  • EMSC program: means the Emergency Medical Services for Children Program. See Louisiana Revised Statutes 40:1075.3
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Evidence-based program: means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population. See Louisiana Revised Statutes 39:2
  • Executive budget: means the document submitted to the legislature at each regular session, pursuant to the provisions of this Chapter and Louisiana Revised Statutes 39:2
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Existing operating budget: means the initial operating budget as adjusted for actions taken by the Joint Legislative Committee on the Budget, the Interim Emergency Board, the legislature, or the governor in accordance with the provisions of this Chapter or any other provision of law. See Louisiana Revised Statutes 39:2
  • Expenses: means amounts represented by cash paid out or by obligations to pay cash or partly by each for maintaining and operating government services. See Louisiana Revised Statutes 39:2
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Functions: means duties, jurisdiction, powers, rights, and obligations, conferred or imposed upon, or vested in, any agency by law, or exercised, performed, or discharged by any agency without contravention of any provision of law. See Louisiana Revised Statutes 39:2
  • Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts recording cash or other resources together with all related liabilities, obligations, reserves, and equities which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with regulations, restrictions, and limitations. See Louisiana Revised Statutes 39:2
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Goal: means a general purpose toward which the efforts of an agency are directed. See Louisiana Revised Statutes 39:2
  • Health care provider: shall mean every licensed health care facility and licensed health care provider, as defined in Louisiana Revised Statutes 40:1105.1
  • Health care provider: means a person, partnership, corporation, facility, or institution licensed by the state or federal government to provide health care or professional services as a physician, osteopath, hospital, blood bank or tissue bank and/or an officer, employee, or agent thereof acting in the course and scope of his employment. See Louisiana Revised Statutes 40:1113.1
  • Healthcare facility: means a facility, including but not limited to a hospital, or an office where a healthcare provider furnishes care to patients for health needs or medical conditions. See Louisiana Revised Statutes 40:1109.1
  • Healthcare provider: includes a genetic counselor. See Louisiana Revised Statutes 40:1109.1
  • HIV test: means a laboratory test approved by the Louisiana Department of Health to detect antibodies to the human immunodeficiency virus. See Louisiana Revised Statutes 40:1113.1
  • Hospital: means a facility that is duly licensed as a hospital in accordance with the provisions of the Hospital Licensing Law, Louisiana Revised Statutes 40:1109.1
  • Initial operating budget: means the amount of the appropriation on July first of a particular fiscal year for that fiscal year. See Louisiana Revised Statutes 39:2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Input: means any resource used to implement a policy, program, or specific service. See Louisiana Revised Statutes 39:2
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • label: means a display of written, printed or graphic matter upon the immediate container of any aerosol product and a requirement made by or under authority of this Act that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears (a) on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper and (b) on all accompanying literature where there are directions for use, written or otherwise. See Louisiana Revised Statutes 40:1057.1
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Member: includes actual members of associations without capital stock and holders of common stock in associations organized with capital stock;

    (3)  "Association" means any association organized under this Part; and,

    (4)  "Person" includes individuals, firms, partnerships, corporations, and associations. See Louisiana Revised Statutes 3:122

  • Money available for appropriation: means the amount of money to be received for a fiscal year by the state general fund and dedicated funds, exclusive of federal funds and those amounts appropriated or allocated by the Constitution of Louisiana. See Louisiana Revised Statutes 39:2
  • Nondiscretionary adjusted standstill budget: shall mean and shall contain the following:

                (a) The budget unit's current-year existing operating budget as of December first. See Louisiana Revised Statutes 39:2

  • Objective: is a specific and measurable target for achievement which describes the exact results sought, which is expressed in an outcome-oriented statement that may reflect effectiveness, efficiency, or quality of work, and which may be either numeric or non-numeric. See Louisiana Revised Statutes 39:2
  • Office: shall mean the office of the president. See Louisiana Revised Statutes 40:1105.1
  • Official forecast: means the most recently adopted estimate of money available for appropriation by the Revenue Estimating Conference as provided in Louisiana Revised Statutes 39:2
  • Outcome: means evidence or demonstration of the actual impact or public benefit of a program. See Louisiana Revised Statutes 39:2
  • Output: means the quantity of actual service or product delivered by an agency or program. See Louisiana Revised Statutes 39:2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participating hospital: shall mean every hospital operating as such in the state of Louisiana. See Louisiana Revised Statutes 40:1105.1
  • Pathology laboratory: shall mean every pathology laboratory located or doing business in the state of Louisiana. See Louisiana Revised Statutes 40:1105.1
  • Patient: means a natural person who receives health care from a health care provider. See Louisiana Revised Statutes 40:1113.1
  • Pediatric: means children and youth eligible and certified for Medicaid coverage, Louisiana Children's Health Insurance Program coverage, or coverage under a Louisiana Medicaid waiver program or Louisiana Medicaid managed care program. See Louisiana Revised Statutes 40:1077.1
  • Performance indicator: means a statement identifying an activity, input, output, outcome, achievement, ratio, efficiency, or quality to be measured relative to a particular goal or objective in order to assess an agency's performance. See Louisiana Revised Statutes 39:2
  • person: includes an individual, partnership, corporation, or association, or the legal representative or agent of any of these. See Louisiana Revised Statutes 40:1057.1
  • Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
  • Personal property: All property that is not real property.
  • Place of business: means a permanent location or a portion of a permanent location from which business, in a regulated profession or occupation, is transacted. See Louisiana Revised Statutes 3:1
  • positive reaction: means a positive HIV test with a positive confirmatory test, including, but not limited to the western blot. See Louisiana Revised Statutes 40:1113.1
  • Pre-hospital care: means the provision of emergency medical care or transportation by trained and certified or licensed emergency medical services personnel at the scene of an emergency and while transporting sick or injured persons to a medical care facility or provider. See Louisiana Revised Statutes 40:1075.3
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • President: shall mean the president of the Louisiana State University System or his designee. See Louisiana Revised Statutes 40:1105.1
  • Program: means a grouping of activities directed toward the accomplishment of a clearly defined objective or set of objectives. See Louisiana Revised Statutes 39:2
  • Promising practices: means a practice that presents, based upon preliminary information, potential for becoming a research-based or evidence-based program or practice. See Louisiana Revised Statutes 39:2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quality: means degree or grade of excellence. See Louisiana Revised Statutes 39:2
  • Quorum: The number of legislators that must be present to do business.
  • Radiation center: shall mean every freestanding radiation diagnostic and treatment facility in the state of Louisiana. See Louisiana Revised Statutes 40:1105.1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • secretary: means the head of the Louisiana Department of Health, or his legally authorized representative or agent. See Louisiana Revised Statutes 40:1057.1
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 40:1075.3
  • State planning and budgeting system: refers to the processes and functions prescribed in Subtitle I of this Title. See Louisiana Revised Statutes 39:2
  • Strategic planning: is a process of agency self-assessment and objective setting which considers an organization's purpose, capacities and environment, and results in a strategic plan which determines a path for development of the organization's resources in order to achieve meaningful results. See Louisiana Revised Statutes 39:2
  • Subpoena: A command to a witness to appear and give testimony.
  • Supporting document: means the document prepared by the budget office and composed of supporting information, data, and documentation used to develop the executive budget. See Louisiana Revised Statutes 39:2
  • Supporting objective: means an objective that is designated as such by the commissioner of administration and is included in the executive budget supporting document and not included in the executive budget. See Louisiana Revised Statutes 39:2
  • Supporting performance indicator: means a performance indicator which is designated as such by the commissioner of administration and is included in the executive budget supporting document and not included in the executive budget. See Louisiana Revised Statutes 39:2
  • Surplus: means the excess for any fiscal year of the actual monies received and any monies or balances carried forward over the actual expenditures paid by warrant or transfer for any fund at the close of the fiscal year as such are reported by the office of statewide reporting within the division of administration. See Louisiana Revised Statutes 39:2
  • Testator: A male person who leaves a will at death.
  • Unique provider of health services for catastrophically ill children: means an institution designated by the National Cancer Institute as a Comprehensive Cancer Center focused solely on pediatrics and that is a children's hospital dedicated to caring for children with catastrophic illness and conducting basic and advanced research into catastrophic childhood diseases such as cancers, acquired and inherited immunodeficiencies, and genetic disorders. See Louisiana Revised Statutes 40:1077.1
  • Venue: The geographical location in which a case is tried.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.