Terms Used In Louisiana Revised Statutes > Title 33 > Chapter 29 > Part II - Orleans Parish

• ADAD equipment: means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed. See Louisiana Revised Statutes 45:810
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Board of commissioners: means a group of persons appointed under the provisions of law to exercise certain authorities over and have oversight and control of a levee district or levee and drainage district. See Louisiana Revised Statutes 38:281
• Board of trustees: means and includes the members of the board of trustees of the retirement system. See Louisiana Revised Statutes 11:951.1
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:844.12
• Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:844.1
• Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:810
• Community services: means any type of counseling and advice, emergency assistance, or medical care furnished to individuals or groups within the district. See Louisiana Revised Statutes 33:9081
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Crime prevention: means any activity which aids in the reduction of crime in the district. See Louisiana Revised Statutes 33:9081
• CWSRF: means the water pollution control revolving loan fund previously established by Act No. See Louisiana Revised Statutes 30:2301
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
• Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2301
• Department: means the Department of Justice. See Louisiana Revised Statutes 45:822
• Dependent: A person dependent for support upon another.
• Discharge: means the placing, releasing, spilling, percolating, draining, pumping, leaking, seeping, emitting, or other escaping of pollutants into the air, waters, subsurface water, or ground as the result of a prior act or omission; or the placing of pollutants into pits, drums, barrels, or similar containers under conditions and circumstances that leaking, seeping, draining, or escaping of the pollutants can be reasonably anticipated. See Louisiana Revised Statutes 30:2004
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispose: means the discharge, deposit, injection, dumping, or placing of any hazardous waste into or on any land or into water so that any of the hazardous waste so disposed becomes part of the surrounding or underlying land. See Louisiana Revised Statutes 30:2241
• Disposer: means any person who disposes or who receives for disposal the hazardous waste of a generator. See Louisiana Revised Statutes 30:2241
• Docket: A log containing brief entries of court proceedings.
• Doing business in this state: means conducting a telephonic solicitation either from a location within this state or from a location outside of this state to residential telephonic subscribers residing in this state. See Louisiana Revised Statutes 45:844.12
• Dry weight ton: means a ton of hazardous waste excluding the weight of the water and for underground injection shall include no more than one percent of the inorganic solids contained in the hazardous waste. See Louisiana Revised Statutes 30:2241
• Education: means any type of scholastic instruction or scholarship assistance to any individual who resides in the district that enables him to prepare himself for better opportunities. See Louisiana Revised Statutes 33:9081
• Eligible recipient: means a political subdivision, public trust, agency or commission of the state, or a private entity, to the extent permitted by the federal act or federal regulations. See Louisiana Revised Statutes 30:2301
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency: means an actual or imminent threat to public health or safety which may result in loss of life, injury, or property damage. See Louisiana Revised Statutes 45:841
• Emergency alert provider: means a third party which is designated by a parish office of homeland security and emergency preparedness to provide emergency alert services for that parish and which is certified as such by the Governor's Office of Homeland Security and Emergency Preparedness¹. See Louisiana Revised Statutes 45:841
• Emergency alert services: means the placement of telephone calls to notify the public of an emergency or to provide information relative to an emergency. See Louisiana Revised Statutes 45:841
• Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
• Facility: means a pollution source or any public or private property or facility where an activity is conducted which is required to be regulated under this Subtitle and which does or has the potential to do any of the following:

              (a) Emit air contaminants into the atmosphere. See Louisiana Revised Statutes 30:2004

• Federal act: means the Clean Water Act of 1972, as amended by the Water Quality Act of 1987, specifically Subchapter VI, Chapter 26 of Title 33 of the United States Code, and any amendments thereto relating to water pollution control revolving loan funds established by the respective states, including the CWSRF. See Louisiana Revised Statutes 30:2301
• Federal Do Not Call Law: shall mean the Telemarketing and Consumer Fraud and Abuse Prevention Act as set forth in Louisiana Revised Statutes 45:844.12
• Federal regulations: means Part 35, Title 40 of the Code of Federal Regulations (Louisiana Revised Statutes 30:2301
• Generator of hazardous waste: means any person whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation by the department. See Louisiana Revised Statutes 30:2241
• Hazardous waste: means any waste, or combination of wastes, which because of its quantity, concentration, physical, or chemical characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Louisiana Revised Statutes 30:2173
• Hazardous waste: means a substance identified and listed as a hazardous waste in the Louisiana Hazardous Waste Regulations of the Department of Environmental Quality in effect on the effective date of this Chapter; except that the term "hazardous waste" shall not include special waste as defined in this Chapter. See Louisiana Revised Statutes 30:2241
• Hazardous Waste Site Cleanup Fund: means the fund established by Act 194 of 1980 as provided for in Louisiana Revised Statutes 30:2223
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• Items: means any goods and services, and includes coupon books which are to be used with businesses other than the seller's business. See Louisiana Revised Statutes 45:822
• Job training: means any type of instruction to an individual who resides within the district that enables him to acquire vocational skills so that he can become employable or be able to seek a higher grade of employment. See Louisiana Revised Statutes 33:9081
• Levee and drainage district: means a political subdivision of this state organized for the purpose and charged with the duty of constructing and maintaining levees, drainage, and all other things incidental thereto within its territorial limits. See Louisiana Revised Statutes 38:281
• Levee district: means a political subdivision of this state organized for the purpose and charged with the duty of constructing and maintaining levees, and all other things incidental thereto within its territorial limits. See Louisiana Revised Statutes 38:281
• Lien: A claim against real or personal property in satisfaction of a debt.
• Medical board: means the board of physicians provided for in this Part. See Louisiana Revised Statutes 11:951.1
• Meeting: means a duly called meeting of the membership of a board when payment of per diem is authorized and such meeting is called for the express purpose of discussing activities or plans pertinent to the functions of the levee board itself. See Louisiana Revised Statutes 38:281
• National Do Not Call Registry: shall mean the list of consumers maintained by the Federal Trade Commission who have indicated that they do not wish to receive unsolicited or unwanted telephonic solicitations pursuant to the Federal Do Not Call Law. See Louisiana Revised Statutes 45:844.12
• Neighborhood assistance: means furnishing financial assistance, labor, material, or technical advice to aid in the physical improvement or rehabilitation of any part or all of the district. See Louisiana Revised Statutes 33:9081
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oath: A promise to tell the truth.
• Office: means the office or offices within the Department of Environmental Quality to which the secretary has assigned the duties, responsibilities, and authority provided for by this Chapter. See Louisiana Revised Statutes 30:2223
• Omnimedia: refers to all manners in which and all sources from which a pollutant escapes into the environment, and for the purposes of this Chapter shall encompass any emission, effluent, or discharge which escapes into the air, water, or land, whether permitted or not. See Louisiana Revised Statutes 30:2293
• Orleans Levee District: shall mean the levee district and political subdivision of the state which is referred to as the "Orleans Levee District" the "Board of Commissioners of the Orleans Levee District" or the "Orleans Levee Board". See Louisiana Revised Statutes 38:281
• Owner: means a person who owns or controls ten percent or more of the equity of, or otherwise has claim to ten percent or more of the net income of a telephonic seller. See Louisiana Revised Statutes 45:822
• Parish office of homeland security and emergency preparedness: means an agency of local government established pursuant to Louisiana Revised Statutes 45:841
• Participant: means any employee who is entitled to the beneficial provisions of this retirement system. See Louisiana Revised Statutes 11:951.1
• Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
• Person: includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity. See Louisiana Revised Statutes 45:822
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pollutant: means those elements or compounds defined or identified as hazardous, toxic, or noxious, or as hazardous, solid, or radioactive wastes under this Subtitle and regulations, or by the secretary, consistent with applicable laws and regulations. See Louisiana Revised Statutes 30:2004
• Pollution source: means the immediate site or location of a discharge or potential discharge, including such surrounding property necessary to secure or quarantine the area from access by the general public. See Louisiana Revised Statutes 30:2004
• Principal: means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. See Louisiana Revised Statutes 45:822
• prospective purchaser: means a person who is solicited to become or does become obligated to a telephonic seller. See Louisiana Revised Statutes 45:822
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recipient: means the person who has received assistance under this Title. See Louisiana Revised Statutes 46:1
• Residential telephonic subscriber: means any natural person who has subscribed to residential telephonic service from a telecommunications service provider or any other natural person living or residing with such person. See Louisiana Revised Statutes 45:844.12
• Retirement: means withdrawal from active service with a retirement allowance allowable under the provisions of this Part. See Louisiana Revised Statutes 11:951.1
• Retirement system: means the corporation known as the Orleans Parish School Employees' Retirement System established in Louisiana Revised Statutes 11:951.1
• Salesperson: means any individual employed, appointed, or authorized by a telephonic seller, whether referred to by the telephonic seller as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. See Louisiana Revised Statutes 45:822
• Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
• seller: means a person who, on his or her own behalf or through salespersons, causes a telephone solicitation or attempted telephone solicitation to occur in which either the telephonic seller or the purchaser, or both, are located in Louisiana and which meets the following criteria:

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

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

• Service of process: The service of writs or summonses to the appropriate party.
• Special waste: means and includes the following:

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

• supervised financial institution: means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer, provided that the institution is subject to supervision by an official or agency of this state or of the United States. See Louisiana Revised Statutes 45:822
• Tax: means the amount of tax due under this Chapter, and any amount of interest due under this Chapter, unless the intention to give it a more limited meaning is disclosed by the context. See Louisiana Revised Statutes 30:2241
• Taxpayer: means any person liable to pay any tax or file any return under this Chapter, regardless of whether such person has paid any tax or filed the required return. See Louisiana Revised Statutes 30:2241
• Telephone access line: means any seven-digit telephone number for each call to which a fee is charged. See Louisiana Revised Statutes 45:810
• Telephone company: means an entity which provides local telephone service to subscribers for a fee. See Louisiana Revised Statutes 45:841
• Telephone solicitation: means a call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes, or for the purpose of soliciting contributions for or on behalf of a charitable organization as defined in Louisiana Revised Statutes 45:844.1
• Telephone solicitor: means any natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephone solicitation, including but not limited to calls made by use of automated dialing or recorded message devices. See Louisiana Revised Statutes 45:844.1
• Telephonic solicitation: means any voice or data communication made by a telephonic solicitor to a residential telephonic subscriber for the purpose of encouraging a sale or rental of or investment in property, consumer goods, or services; or for the purpose of encouraging an extension of credit for property, consumer goods, or services; or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale or rental of or investment in property, consumer goods, or services or an extension of credit for such purposes; or for the solicitation of a contribution to a charitable organization, but does not include voice or data communications made for any of the following reasons:

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

• Telephonic solicitor: means any natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic solicitation, including but not limited to any communication made by use of automated dialing or recorded message devices. See Louisiana Revised Statutes 45:844.12
• Unlisted number: means an active telephone number which is not published in a telephone directory. See Louisiana Revised Statutes 45:841
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Waste: means all nonproduct outputs from all environmental media, even though they may be within permitted or licensed limits. See Louisiana Revised Statutes 30:2293
• Waste management: means any of the various methods or means of reducing waste which are applied after the waste is generated or is outside of the location where waste is generated. See Louisiana Revised Statutes 30:2293
• Waste reduction: means in-plant practices that reduce, avoid, or eliminate the generation of hazardous or solid waste so as to reduce the risks to human health and the environment. See Louisiana Revised Statutes 30:2293
• Waste site: means a landfill, pit, pond, lagoon, or other pollution source that contains hazardous wastes, including such surrounding property necessary to contain and impound the site and to secure or quarantine the area from access by the general public. See Louisiana Revised Statutes 30:2223
• wastes: means those elements or compounds defined or identified as hazardous wastes pursuant to the Louisiana Hazardous Waste Control Law, La. See Louisiana Revised Statutes 30:2223