Terms Used In Louisiana Revised Statutes > Title 38 > Chapter 13 - Water Conservation

• 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. See Louisiana Revised Statutes 51:470.2

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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. See Louisiana Revised Statutes 51:2370.2
• 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. See Louisiana Revised Statutes 51:2370.22
• Annual basin plan: means the list of projects or stages of projects to be undertaken in any single fiscal year. See Louisiana Revised Statutes 49:214.8.2
• Annual plan: means the state integrated coastal protection plan submitted annually to the legislature as provided in this Part including amendments to the plan, as determined by the board. See Louisiana Revised Statutes 49:214.2
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Arrest: Taking physical custody of a person by lawful authority.
• Assistant secretary: means the assistant secretary of the United States Department of Commerce for Communications and Information. See Louisiana Revised Statutes 51:2370.22
• Atchafalaya Basin: means the area located within the guide levees of the Atchafalaya Basin and those areas directly adjacent to the levees bounded on the north by U. See Louisiana Revised Statutes 49:214.8.2
• Authority: means the Coastal Protection and Restoration Authority. See Louisiana Revised Statutes 49:214.2
• Authority: means the Coastal Protection and Restoration Authority. See Louisiana Revised Statutes 49:214.8.2
• Authorized representative: means an assignee, licensee, executor, heir, legatee, or other representative of an individual. See Louisiana Revised Statutes 51:470.2
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Basin master plan: means the plan developed by the state in accordance with the federal Atchafalaya Basin Floodway System, Louisiana Project, pursuant to federal law, including the Supplemental Appropriations Act of 1985, Public Law 99-88, and the Water Resources Development Act of 1986, Public Law 99-662, the Energy and Water Development Appropriations Act of 1991, Public Law 101-514, the Energy and Water Development Appropriations Act of 1997, Public Law 104-206, the Water Resources Development Act of 2000, Public Law 106-541, and the Water Resources Development Act of 2007, Public Law 110-114. See Louisiana Revised Statutes 49:214.8.2
• Board: means the board of commissioners of the Bayou Lafourche Fresh Water District. See Louisiana Revised Statutes 38:3086.21
• Board: means the Coastal Protection and Restoration Authority Board. See Louisiana Revised Statutes 49:214.2
• Board: means the Coastal Protection and Restoration Authority Board. See Louisiana Revised Statutes 49:214.8.2
• Board: means the board of commissioners of the Acadiana Regional Juvenile Justice District. See Louisiana Revised Statutes 15:1109
• Broadband data maps: means the maps created in accordance with the provisions of Louisiana Revised Statutes 51:2370.22
• 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. See Louisiana Revised Statutes 51:2370.2
• 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. See Louisiana Revised Statutes 51:2370.22
• 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 Louisiana Revised Statutes 51:2370.22
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Coastal area: means the Louisiana Coastal Zone and contiguous areas subject to storm or tidal surge and the area comprising the Louisiana Coastal Ecosystem as defined in Section 7001 of P. See Louisiana Revised Statutes 49:214.2
• 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. See Louisiana Revised Statutes 51:470.2

• Commission: means the Acadiana Regional Juvenile Justice District Commission. See Louisiana Revised Statutes 15:1109
• Compensation: means the payment of money, a thing of value, or any financial benefit. See Louisiana Revised Statutes 51:361
• comprehensive master coastal protection plan: means the long-term comprehensive integrated coastal protection plan combining coastal restoration, coastal zone management, storm damage reduction, hurricane protection, flood control, and the protection, conservation, restoration, and enhancement of coastal wetlands, marshes, cheniers, ridges, coastal forests, and barrier shorelines or reefs, including amendments, as determined by the board to the plan. See Louisiana Revised Statutes 49:214.2
• Conservation and restoration: means the conservation, protection, enhancement, and restoration of coastal resources including but not limited to coastal wetlands, marshes, cheniers, ridges, coastal forests, and barrier islands, shorelines, coastal passes, or reefs through the construction and management of coastal resources enhancement projects, including privately funded marsh management projects or plans, and those activities requiring a coastal use permit which significantly affect such projects or which significantly diminish the benefits of such projects or plans insofar as they are intended to conserve or enhance coastal resources consistent with the legislative intent as expressed in Louisiana Revised Statutes 49:214.2
• Consideration: means the payment of cash or purchase of goods, services, or intangible property. See Louisiana Revised Statutes 51:361
• 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 Louisiana Revised Statutes 51:2370.2
• 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 Louisiana Revised Statutes 51:2370.22
• Corporation: means the Louisiana Economic Development Corporation as established in Part II of this Chapter. See Louisiana Revised Statutes 51:2303
• 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. See Louisiana Revised Statutes 51:421

• 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. See Louisiana Revised Statutes 51:421

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• 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. See Louisiana Revised Statutes 51:470.2
• 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. See Louisiana Revised Statutes 51:462
• Director: means the executive director of the Coastal Protection and Restoration Authority. See Louisiana Revised Statutes 49:214.8.2
• Director: means the executive director of the office of broadband development and connectivity within the division of administration. See Louisiana Revised Statutes 51:2370.2
• Director: means the executive director of the office of broadband development and connectivity within the division of administration. See Louisiana Revised Statutes 51:2370.22
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District: means the Bayou Lafourche Fresh Water District. See Louisiana Revised Statutes 38:3086.21
• District: means the Acadiana Regional Juvenile Justice District. See Louisiana Revised Statutes 15:1109
• Donor: The person who makes a gift.
• economic unit: consists of all adult individuals contributing to and sharing in the income and expenses of a household. See Louisiana Revised Statutes 51:2370.2
• economic unit: consists of all adult individuals contributing to and sharing in the income and expenses of a household. See Louisiana Revised Statutes 51:2370.22
• 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. See Louisiana Revised Statutes 51:2370.2
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Eligible costs: means costs that are eligible for BEAD program funding as specified by the assistant secretary. See Louisiana Revised Statutes 51:2370.22
• 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. See Louisiana Revised Statutes 51:2370.2
• 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, Louisiana Revised Statutes 51:2370.22
• Eligible parish: means any parish with unserved or underserved broadband-serviceable locations. See Louisiana Revised Statutes 51:2370.22
• 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. See Louisiana Revised Statutes 51:2370.2
• Enforceable commitment: means any location that is already subject to a legally enforceable federal, state, or local commitment to deploy broadband. See Louisiana Revised Statutes 51:2370.22
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Executive assistant: means the special assistant to the governor for coordination of coastal activities as delineated in Louisiana Revised Statutes 49:214.2
• Executive director: means the person appointed to serve as the head of the Coastal Protection and Restoration Authority. See Louisiana Revised Statutes 49:214.2
• Executor: A male person named in a will to carry out the decedent
• 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. See Louisiana Revised Statutes 51:470.2
• Facility: means any juvenile detention facility, shelter care facility, or any other similar juvenile justice facility. See Louisiana Revised Statutes 15:1109
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fund: means the Louisiana Economic Development Fund. See Louisiana Revised Statutes 51:2332
• Fund: means the Coastal Protection and Restoration Fund. See Louisiana Revised Statutes 49:214.2
• Governing authority: means the governing authority of a parish. See Louisiana Revised Statutes 15:1109
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Household: means any individual or group of individuals who are living together at the same address as one economic unit. See Louisiana Revised Statutes 51:2370.2
• Household: means any individual or group of individuals who are living together at the same address as one economic unit. See Louisiana Revised Statutes 51:2370.22
• Hurricane protection: means systems to provide protection against tidal and storm surges. See Louisiana Revised Statutes 49:214.2
• Identity: means an individual's name, voice, signature, photograph, image, likeness, or digital replica. See Louisiana Revised Statutes 51:470.2
• 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. See Louisiana Revised Statutes 51:470.2
• 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. See Louisiana Revised Statutes 51:470.2
• Infrastructure: means facilities or systems in the coastal area that are negatively impacted by coastal land loss or rising seas, and that serve a critical public purpose and are consistent with the priorities stated in the master plan and the eligible uses of the Gulf of Mexico Energy Security Act of 2006. See Louisiana Revised Statutes 49:214.2
• Infrastructure: means existing facilities, equipment, materials, and structures that an internet service provider has installed either for its core business or public enterprise purposes. See Louisiana Revised Statutes 51:2370.2
• Infrastructure: means existing facilities, equipment, materials, and structures that an internet service provider has installed either for its core business or public enterprise purposes. See Louisiana Revised Statutes 51:2370.22
• Instrument: means any instrument, whether or not negotiable, which evidences the indebtedness of one or more persons. See Louisiana Revised Statutes 9:5321
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Integrated coastal protection: means plans, projects, policies, and programs intended to provide hurricane protection or coastal conservation or restoration, and shall include but not be limited to coastal restoration; coastal protection; infrastructure; storm damage reduction; flood control; water resources development; erosion control measures; marsh management; diversions; saltwater intrusion prevention; wetlands and central wetlands conservation, enhancement, and restoration; barrier island and shoreline stabilization and preservation; coastal passes stabilization and restoration; mitigation; storm surge reduction; or beneficial use projects. See Louisiana Revised Statutes 49:214.2
• 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. See Louisiana Revised Statutes 51:470.2
• 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}
• Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks. See Louisiana Revised Statutes 51:470.2
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Lease-purchase contract: means the financing and acquisition of property by a person pursuant to an arrangement under which such person acquires title to property, constructs a facility on the property, and enters into a lease-purchase contract with the commission providing for the leasing of the property, including a facility on the property, to the commission and the acquisition of title to the property by the commission at the end of the lease period. See Louisiana Revised Statutes 15:1109
• Legacy: A gift of property made by will.
• Legatee: A beneficiary of a decedent
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means a parish, municipality, or school board, or any instrumentality thereof. See Louisiana Revised Statutes 51:2370.2
• Local government: means a parish, municipality, or school board. See Louisiana Revised Statutes 51:2370.22
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• Mold: means a matrix or form in which a substance or material is shaped. See Louisiana Revised Statutes 51:462
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Office: means the office of broadband development and connectivity within the division of administration. See Louisiana Revised Statutes 51:2370.2
• Office: means the office of broadband development and connectivity within the division of administration. See Louisiana Revised Statutes 51:2370.22
• Participant: means a person who contributes money into a pyramid promotional scheme. See Louisiana Revised Statutes 51:361
• Participating parish: means any parish which has entered into a participation agreement with the commission by which certain space is subleased to house juveniles from the participating parish. See Louisiana Revised Statutes 15:1109
• 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. See Louisiana Revised Statutes 51:470.2
• Person: means an individual, a corporation, a partnership, or any association, or unincorporated organization. See Louisiana Revised Statutes 51:361
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plug: means a device or model used to make a mold for the purpose of duplication. See Louisiana Revised Statutes 51:462
• 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. See Louisiana Revised Statutes 51:470.2
• Program: means the Workforce Development and Training Program. See Louisiana Revised Statutes 51:2332
• Program: means a management strategy with procedures, projects, schedules, operations, and related activities to achieve a stated goal or objective. See Louisiana Revised Statutes 49:214.2
• Program: means the Atchafalaya Basin Program. See Louisiana Revised Statutes 49:214.8.2
• Project: means a physical structure or structures designed and constructed according to the annual plan. See Louisiana Revised Statutes 49:214.2
• Project: means an undertaking by an eligible grant recipient to construct and deploy infrastructure for the provision of broadband service. See Louisiana Revised Statutes 51:2370.22
• Promote: means to contrive, direct, establish, or operate a pyramid promotional scheme. See Louisiana Revised Statutes 51:361
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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. See Louisiana Revised Statutes 51:2370.2
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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. See Louisiana Revised Statutes 51:361
• 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. See Louisiana Revised Statutes 51:361
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• 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. See Louisiana Revised Statutes 51:421
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• 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. See Louisiana Revised Statutes 51:421
• Rural Property: means a tract of land which is at least forty acres in area and from which at least seventy-five percent of the income derived is from agricultural or livestock purposes or mineral income and which is not located within the territorial limits of any incorporated municipality. See Louisiana Revised Statutes 9:5321
• Service of process: The service of writs or summonses to the appropriate party.
• 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 (. See Louisiana Revised Statutes 51:2370.2
• Sponsoring authority: means the governing authority of any municipal, parish, or other political subdivision submitting an application for funding of a project in the program. See Louisiana Revised Statutes 49:214.2
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Underserved location: means an underserved location as defined in the IIJA and the BEAD NOFO. See Louisiana Revised Statutes 51:2370.22
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• 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. See Louisiana Revised Statutes 51:2370.2
• 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. See Louisiana Revised Statutes 51:2370.2
• Unserved location: means an unserved location as defined in the IIJA and the BEAD NOFO. See Louisiana Revised Statutes 51:2370.22
• Watercraft: means anything used or designated for navigation on water. See Louisiana Revised Statutes 38:3086.21
• Waterway: means Bayou Lafourche or any navigable bayou or river, or portion thereof, located within the geographical boundaries of the district. See Louisiana Revised Statutes 38:3086.21
• Wetlands: means an open water area or an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, but specifically excluding fastlands and lands more than five feet above mean sea level which occur within the designated coastal area of the state. See Louisiana Revised Statutes 49:214.2
• 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. See Louisiana Revised Statutes 51:421