Louisiana Revised Statutes > Title 6 > Chapter 3 > Subchapter B – Mergers, Consolidations, Liquidations, and Conversions
Terms Used In Louisiana Revised Statutes > Title 6 > Chapter 3 > Subchapter B - Mergers, Consolidations, Liquidations, and Conversions
- Acceptable collateral: means any of the following:
(a) As to securities lending transactions, and for the purpose of calculating counterparty exposure amount, cash, cash equivalents, letters of credit, direct obligations of, or securities that are fully guaranteed as to principal and interest by, the government of the United States or any agency of the United States, or by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, or any state or territory of the United States or the District of Columbia and as to lending foreign securities, sovereign debt rated one by the SVO. See Louisiana Revised Statutes 22:601.1
- Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the annuity savings fund, together with regular interest thereon. See Louisiana Revised Statutes 11:1002
- Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the annuity savings fund together with regular interest thereon as provided in Part VII of this Chapter. See Louisiana Revised Statutes 11:1581
- Accumulated contributions: means the sum of all amounts deducted from a member's compensation and credited to his individual account in the annuity savings fund. See Louisiana Revised Statutes 11:1732
- Accumulated employee contributions: means the sum of all amounts deducted from a member's salary and paid to the fund. See Louisiana Revised Statutes 11:1503
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Actuarial equivalent: means a benefit of equivalent value to the accumulated contributions, annuity, or benefits, as the case may be, computed upon the basis of such interest and mortality assumptions as are adopted in accordance with the provisions of Louisiana Revised Statutes 11:1002
- Actuarial equivalent: shall mean a benefit of equal value when computed upon the basis of such mortality tables as shall be adopted by the board of trustees, and regular interest. See Louisiana Revised Statutes 11:1581
- Actuarial equivalent: shall mean a benefit of equal value when computed upon the basis of such mortality and interest tables as shall be adopted by the board of trustees. See Louisiana Revised Statutes 11:1732
- Adjusted gross income: means gross income, minus:
(a) Amounts for preexisting child support or spousal support obligations owed under an order of support to another who is not a party to the proceedings and
(b) At the court's discretion, amounts paid on behalf of a party's minor child who is not the subject of the action of the court. See Louisiana Revised Statutes 9:315
- Adjusted risk-based capital report: means a risk-based capital report which has been adjusted by the commissioner in accordance with Louisiana Revised Statutes 22:631
- Adjusted service date: means the service date adjusted by the amount of any creditable service other than membership service, or for any periods of interrupted service, and from which all creditable service shall be calculated. See Louisiana Revised Statutes 11:1732
- Admitted assets: means assets permitted to be reported as admitted assets on the statutory financial statement of the insurer most recently required to be filed with the commissioner, but excluding assets of separate accounts, the investments of which are not subject to the provisions of this Subpart. See Louisiana Revised Statutes 22:601.1
- Adulterated meat: means any animal carcass, part thereof, meat or meat product, or any human or animal food additive or supplement containing or derived from animal protein, that bears or contains any bacteria, disease, microorganism, virus, or other pest that could cause serious illness or death in humans or animals or could cause animals to become economically unproductive. See Louisiana Revised Statutes 3:2130
- 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.
- advisory evacuation: means an evacuation that may be ordered when a disaster or emergency has been declared and evacuation is recommended due to the potential for rapidly changing conditions to develop into a serious threat and all persons in designated evacuation areas are recommended to consider relocating to safer locations for their own safety. See Louisiana Revised Statutes 29:723
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affiliate: means a person that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, another person. See Louisiana Revised Statutes 29:782
- Affiliate: means , as to any person, another person that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the person. See Louisiana Revised Statutes 22:601.1
- Affiliate: means a person that directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified. See Louisiana Revised Statutes 22:691.2
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency: means any governing body employing persons in the public school system. See Louisiana Revised Statutes 11:1002
- Agency: means any state office, department, board, commission, institution, division, officer or other person, or functional group, heretofore existing or hereafter created, that is authorized to exercise, or that does exercise, any functions of the government of the state in the executive branch, but not any governing body or officer of any local government or subdivision of the state, or any parochial officer who exercises functions coterminous with the municipality in which he performs those functions. See Louisiana Revised Statutes 39:2
- Agency: as used in this Chapter shall have the same meaning ascribed to it as provided in Louisiana Revised Statutes 39:1556
- Agreement: means the document of participation between a participating employer and the board, that sets forth the requirements and procedures for covering the employees of such participating employer under this system. See Louisiana Revised Statutes 11:1732
- Agreement date: means the date as of which the provisions of this Chapter first become applicable to an employer. See Louisiana Revised Statutes 11:1732
- Allegation: something that someone says happened.
- Amortization: Paying off a loan by regular installments.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Annuity: shall mean payments for life derived from the "accumulated contributions" of a member. See Louisiana Revised Statutes 11:1581
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Antique vehicle: shall mean a vehicle twenty-five years old or older. See Louisiana Revised Statutes 32:702
- Apiary: means the assembly of one or more colonies of bees at a single location. See Louisiana Revised Statutes 3:2302
- Applicant: means a person or place of business that makes a formal application for a license, permit, certification, registration, or certificate issued pursuant to this Title. See Louisiana Revised Statutes 3:1
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Articles: means the original articles of incorporation and all amendments thereto including those contained in merger agreements or, if restated, the latest restatement thereof except in those instances in which the context refers expressly to the original articles of incorporation only. See Louisiana Revised Statutes 6:201
- Assembled: means the process of putting together all component parts of an item of equipment by the manufacturer where the assembly plant is located within the territorial borders of the state of Louisiana. See Louisiana Revised Statutes 39:1556
- Asset-backed security: means a security or other instrument, excluding a mutual fund and mortgage-backed securities, evidencing an interest in, or the right to receive payments from, or payable from distributions on, an asset, a pool of assets or specifically divisible cash flows which are legally transferred to a trust or another special purpose bankruptcy-remote business entity, on both of the following conditions:
(a) The trust or other business entity is established solely for the purpose of acquiring specific types of assets or rights to cash flows, issuing securities and other instruments representing an interest in or right to receive cash flows from those assets or rights, and engaging in activities required to service the assets or rights and any credit enhancement or support features held by the trust or other business entity. See Louisiana Revised Statutes 22:601.1
- Assets: means all of a state bank's property and rights of every kind. See Louisiana Revised Statutes 6:201
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Authorized agent: means the employee authorized by a participating employer to act as the coordinator between the board and the participating employer. See Louisiana Revised Statutes 11:1732
- Authorized officer: means any officer of a federally insured financial institution operating in Louisiana who is designated to witness the endorsement of a seller, on behalf of a federally insured financial institution, for the purpose of executing the transfer of a titled motor vehicle or titled vehicle in accordance with the requirements of this Chapter. See Louisiana Revised Statutes 32:702
- Authorized-control level risk-based capital: means the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:631
- Auto hulk: means any material which is or may have been a motor vehicle, with or without all component parts, which is not self-propelled nor capable of carrying persons or property upon a public highway and which material is in such condition that its highest or primary value is its sale or transfer as parts or scrap metal. See Louisiana Revised Statutes 32:702
- Auto title company: means any person, firm, association, or corporation which is engaged primarily in the transfer and recordation of sales, leases, or mortgages of vehicles including but not limited to mobile homes, trailers, and motor vehicles. See Louisiana Revised Statutes 32:702
- average final compensation: shall mean the average monthly compensation earned by an employee during any period of sixty successive months of service as an employee during which the earned compensation was the highest. See Louisiana Revised Statutes 11:1581
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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.
- Beekeeper: means a person who owns one or more colonies of bees. See Louisiana Revised Statutes 3:2302
- Beekeeping equipment: means anything that is used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards, and extractors. See Louisiana Revised Statutes 3:2302
- Beneficiary: means any person in receipt of a pension, an annuity, a retirement allowance or other benefit provided by this Chapter. See Louisiana Revised Statutes 11:1002
- Beneficiary: shall mean any person designated to receive a pension, an annuity, a retirement allowance or other benefit as provided by this Chapter. See Louisiana Revised Statutes 11:1581
- Beneficiary: means the person designated in writing by a member to receive any benefits to which he may be entitled under this Chapter. See Louisiana Revised Statutes 11:1732
- Bioterrorism: means the intentional use of any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, to cause death, disease, or other biological malfunction in a human, an animal, a plant, or other living organism in order to influence the conduct of government or to intimidate or coerce a civilian population. See Louisiana Revised Statutes 29:762
- Board: means the Louisiana Public Defender Oversight Board. See Louisiana Revised Statutes 15:185.2
- Board: means the board of trustees of the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
- Board of Trustees: means the board provided to administer the retirement system. See Louisiana Revised Statutes 11:1002
- Board of Trustees: shall mean the Board provided for in Louisiana Revised Statutes 11:1581
- board of trustees: means the board of trustees of this system. See Louisiana Revised Statutes 11:1732
- bonds: includes the following:
(a) United States Treasury securities. See Louisiana Revised Statutes 22:601.1
- bonds: means any bonds, notes, warrants, certificates of indebtedness, certificates of participation or other written contracts, agreements, or instruments evidencing the obligation of a governmental entity to repay borrowed money, regardless of the designation thereof. See Louisiana Revised Statutes 39:503
- Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
- bureau: means the Louisiana Bureau of Criminal Identification and Information. See Louisiana Revised Statutes 15:576
- Business: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted. See Louisiana Revised Statutes 39:1556
- Business entity: includes a sole proprietorship, corporation, limited liability company, association, partnership, joint stock company, joint venture, mutual fund, trust, joint tenancy, or other similar form of business organization, whether organized for-profit or not-for-profit. See Louisiana Revised Statutes 22:601.1
- Cancellation: means that a driver's license is annulled because of some error or defect or because the licensee is no longer entitled to such license, but the cancellation of a license is without prejudice and application for a new license may be made at any time after such cancellation. See Louisiana Revised Statutes 32:401
- Cap: means an agreement obligating the seller to make payments to the buyer, with each payment based on the amount by which a reference price or level or the performance or value of one or more underlying interests exceeds a predetermined number, sometimes called the strike rate or strike price. See Louisiana Revised Statutes 22:601.1
- Capital: means the sum of capital stock, surplus, and undivided profits or, as to mutual state banks, as defined by Louisiana Revised Statutes 6:201
- Capital and surplus: means the sum of the capital and surplus of the insurer required to be shown on the statutory financial statement of the insurer most recently required to be filed with the commissioner. See Louisiana Revised Statutes 22:601.1
- Cash equivalents: means short-term, highly rated, and highly liquid investments or securities readily convertible to known amounts of cash without penalty and so near maturity that they present insignificant risk of change in value. See Louisiana Revised Statutes 22:601.1
- Cattle: means all bovine animals, regardless of age, including calves. See Louisiana Revised Statutes 3:2053
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Central purchasing agency: means the office of state procurement. See Louisiana Revised Statutes 39:1556
- Certificate of destruction: means a type of certificate of title issued by the office of motor vehicles for a "water-damaged vehicle" other than an antique vehicle or a vehicle in excess of twenty thousand pounds gross vehicle weight rating (GVWR), whose power train, computer, or electrical system has been damaged by flooding as the result of a gubernatorially declared disaster or emergency and that is a "total loss" as defined in this Section. See Louisiana Revised Statutes 32:702
- Change order: means a written order signed by the procurement officer, directing the contractor to make changes which the contract authorizes the procurement officer to order without the consent of the contractor. See Louisiana Revised Statutes 39:1556
- chief indigent defender: means an attorney employed by or under contract with the office to supervise service providers and enforce standards and guidelines within a judicial district or multiple judicial districts. See Louisiana Revised Statutes 15:143
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Chief procurement officer: means the person holding the position created in Louisiana Revised Statutes 39:1556
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- 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.
- Collecting person: means :
(a) Any person who makes payment to a producer for cattle purchased in Louisiana. See Louisiana Revised Statutes 3:2053
- Comb package: means a package of bees shipped or moved on a comb containing honey and/or brood, with or without a queen. See Louisiana Revised Statutes 3:2302
- Combined adjusted gross income: means the combined adjusted gross income of both parties. See Louisiana Revised Statutes 9:315
- Commerce: means transportation for the purpose of compensation, remuneration, employment, trade, or payment of any thing of value. See Louisiana Revised Statutes 32:401
- Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle meets one of the following requirements:
(a) Has a gross combination weight rating of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds. See Louisiana Revised Statutes 32:401
- Commissioner: shall mean the director of public safety as provided for in Louisiana Revised Statutes 32:702
- Commissioner: means the Louisiana commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:921
- Commissioner: means the commissioner of agriculture of the state of Louisiana. See Louisiana Revised Statutes 3:2302
- Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:631
- Commissioner: means the commissioner of insurance, the commissioner's deputies, or the Department of Insurance, as appropriate. See Louisiana Revised Statutes 22:691.2
- Company-action level risk-based capital: means two hundred percent of a company's authorized control level risk-based capital. See Louisiana Revised Statutes 22:611
- Competitive negotiation: means to negotiate for a contract through a request for proposals process or any other similar competitive selection process. See Louisiana Revised Statutes 39:1556
- Competitive sealed bidding: means the receipt of bids protected from inspection prior to bid opening. See Louisiana Revised Statutes 39:1556
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- consulting service: includes the procurement of supplies and services by a contractor without the necessity of complying with provisions of the Louisiana Procurement Code when such supplies and services are either for insurance procured directly by a licensed insurance producer pursuant to Louisiana Revised Statutes 39:1556
- Contagious disease: means an infectious disease that can be transmitted from person to person. See Louisiana Revised Statutes 29:762
- Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: means all types of state agreements, regardless of what they may be called, including orders and documents purporting to represent grants, which are for the purchase or disposal of supplies, services, major repairs, or any other item. See Louisiana Revised Statutes 39:1556
- Contract modification: means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. See Louisiana Revised Statutes 39:1556
- Contractor: means any person having a contract with a governmental body. See Louisiana Revised Statutes 39:1556
- conviction: includes the entry of a plea of guilty or nolo contendere to an offense; the forfeiture of bail of any person charged with an offense; and the adjudication of a person as a delinquent for the commission of an offense pursuant to juvenile proceedings. See Louisiana Revised Statutes 32:401
- Cooperative purchasing: means procurement conducted by or on behalf of more than one public procurement unit or by a public procurement unit with an external procurement activity or by a private procurement unit. See Louisiana Revised Statutes 39:1556
- Corrective order: means an order issued by the department specifying corrective actions which are required. See Louisiana Revised Statutes 22:611
- Corrective order: means an order issued by the commissioner specifying corrective actions which the commissioner has determined are required. See Louisiana Revised Statutes 22:631
- Costs: includes any expense or expenditure directly or indirectly related to the sale of a good or provision of a service or the operation of the person's business. See Louisiana Revised Statutes 29:723
- Costs of issuance: means all items of expense related to the authorization, sale and issuance of bonds, including but not limited to printing costs, costs of preparation and reproduction of documents, filing and recording fees, fees and charges of any fiduciary, legal fees and charges of any counsels necessary in connection with the issuance of bonds, costs of preparation, printing, and distribution of official statements or other disclosure documents, fees and disbursements of consultants and professionals in connection with the issuance of bonds, costs of credit ratings, fees and charges for preparation, execution, transportation, and safekeeping of bonds, costs and expenses of refunding, underwriters discount or placement fees, costs of any credit enhancement, costs of any financial products agreement, and any other cost, charge, or fee in connection with the issuance of bonds. See Louisiana Revised Statutes 39:503
- Council: means the Louisiana Beef Industry Council established under this Part to administer and govern the program. See Louisiana Revised Statutes 3:2053
- Counterparty exposure amount: means :
(a) The net amount of credit risk attributable to a derivative instrument executed with a business entity other than through a qualified exchange, qualified foreign exchange, or cleared through a qualified clearinghouse, also referred to as an "over-the-counter derivative instrument". See Louisiana Revised Statutes 22:601.1
- Court: means the Nineteenth Judicial District located in Baton Rouge and, in the event of an appeal from such a court, the First Circuit Court of Appeal located in Baton Rouge. See Louisiana Revised Statutes 39:1556
- Covered: means that an insurer owns or can immediately acquire, through the exercise of options, warrants, or conversion rights already owned, the underlying interest in order to fulfill or secure its obligations under a call option, cap, or floor it has written, or has set aside under a custodial or escrow agreement cash or cash equivalents with a market value equal to the amount required to fulfill its obligations under a put option it has written, in an income generation transaction. See Louisiana Revised Statutes 22:601.1
- Covered produce farm: means any farm engaged in the growing, harvesting, packing, or holding of produce for human consumption which is subject to the requirements of the FDA Food Safety Modernization Act, but shall not include farms that have twenty-five thousand dollars or less of gross income from sales of produce in a year. See Louisiana Revised Statutes 3:921
- Credit enhancement: means any letter of credit, insurance policy, surety bond, standby bond purchase agreement, reserve fund surety bond, or similar facility as used for the purpose of enhancing the security or credit quality of bonds. See Louisiana Revised Statutes 39:503
- Creditable service: means "prior service" plus "in service" plus "membership service" for which credit is allowable as provided in Part III of this Chapter. See Louisiana Revised Statutes 11:1002
- Creditable service: shall mean service for which credit is allowable as provided in La. See Louisiana Revised Statutes 11:1581
- Creditable service: means all periods of time for which credit is allowed towards any benefits of this Chapter. See Louisiana Revised Statutes 11:1732
- criminal justice agency: means any government agency or subunit thereof, or private agency which, through statutory authorization or a legal formal agreement with a governmental unit or agency has the power of investigation, arrest, detention, prosecution, adjudication, treatment, supervision, rehabilitation, or release of persons suspected, charged, or convicted of a crime; or which collects, stores, processes, transmits, or disseminates criminal history record or crime information. See Louisiana Revised Statutes 15:576
- criminal justice information system: means all agencies, procedures, mechanisms, media, and forms as well as the information itself which are or become involved in the origination, collection, transmittal, storage, retrieval, and dissemination of information related to offenses or offenders in Louisiana. See Louisiana Revised Statutes 15:576
- criminal justice system: means that body of agencies at the federal, state, or local level, which may legally arrest, detain, prosecute, adjudicate, treat, supervise, rehabilitate or release, or collect, store, process, transmit, or disseminate criminal history record or crime information. See Louisiana Revised Statutes 15:576
- critical workforce: means public safety officials, disaster response personnel, and other such employees of federal, state, and local governmental agencies, or contractors of such agencies and specific private sector employees, possessing important skills and training in emergency mitigation, preparedness, response, and recovery as designated by the parish homeland security and emergency preparedness agency or in the absence of such designation by the parish homeland security and emergency preparedness agency, such designation by the Governor's Office of Homeland Security and Emergency Preparedness. See Louisiana Revised Statutes 29:723
- Cross examine: Questioning of a witness by the attorney for the other side.
- Data: means recorded information, regardless of form or characteristic. See Louisiana Revised Statutes 39:1556
- Dealer: shall mean any person engaged in the business of buying, selling or exchanging motor vehicles which are subject to license under Chapter 4 of the Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 32:702
- Debarment: means the disqualification of a person to receive invitations for bids or requests for proposals, or the award of any contract by any governmental body, for a specified period of time commensurate with the seriousness of the offense or the failure or the inadequacy of performance. See Louisiana Revised Statutes 39:1556
- Decedent: A deceased person.
- Declared emergency: means an event or condition that constitutes an emergency as defined in Louisiana Revised Statutes 29:782
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defense attorney: Represent defendants in criminal matters.
- Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
- Department: means the Department of Public Safety and Corrections. See Louisiana Revised Statutes 32:401
- Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:921
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Derivative instrument: means an agreement, option, instrument, or a series or combination thereof:
(i) To make or take delivery of, or assume or relinquish, a specified amount of one or more underlying interests, or to make a cash settlement in lieu thereof. See Louisiana Revised Statutes 22:601.1
- Derivative transaction: means a transaction involving the use of one or more derivative instruments. See Louisiana Revised Statutes 22:601.1
- Designated beneficiary: means the person most recently designated in writing by a member to receive any benefits to which he may be entitled. See Louisiana Revised Statutes 11:1503
- Designated emergency area: means the specific area, which shall be limited to the actual affected local area or parish or parishes or such areas as designated in an executive order or proclamation of the governor or parish president. See Louisiana Revised Statutes 29:723
- Designee: means a duly authorized representative of a person holding a superior position. See Louisiana Revised Statutes 39:1556
- Devise: To gift property by will.
- directly: when used in connection with an obligation, means that the designated obligor is primarily liable on the instrument representing the obligation. See Louisiana Revised Statutes 22:601.1
- Disability: means a condition which in the determination of the board renders an employee permanently and totally disabled, by bodily injury or disease, leaving him incapable of any employment, provided that such condition is not, directly or indirectly, the result of military service, engaging in a felonious criminal enterprise, habitual drunkenness or use of narcotics, intentionally self-inflicted injury, or declared war or enemy action. See Louisiana Revised Statutes 11:1732
- Disaster: means the result of a natural or man-made event which causes loss of life, injury, and property damage, including but not limited to natural disasters such as hurricane, tornado, storm, flood, high winds, and other weather related events, forest and marsh fires, and man-made disasters, including but not limited to nuclear power plant incidents, hazardous materials incidents, oil spills, explosion, civil disturbances, public calamity, acts of terrorism, hostile military action, and other events related thereto. See Louisiana Revised Statutes 29:723
- Disaster preparedness or relief organization: means an entity that provides emergency preparedness services or disaster relief services that include health services provided by volunteer health practitioners, and that meets either of the following:
(a) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or by the Governor's Office of Homeland Security and Emergency Preparedness or the Louisiana Department of Health. See Louisiana Revised Statutes 29:782
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Diseased livestock: means any livestock that is infected with or carries any bacteria, disease, microorganism, virus, or other pest that could cause serious illness or death in humans or animals or could cause animals to become economically unproductive. See Louisiana Revised Statutes 3:2130
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Distributee: shall mean a member of this system who receives a distribution of funds from this system. See Louisiana Revised Statutes 11:1732
- District indigent defender fund: means the judicial district indigent defender fund as provided for in Louisiana Revised Statutes 15:143
- District office: means the office of a district public defender as provided for in Louisiana Revised Statutes 15:143
- Docket: A log containing brief entries of court proceedings.
- Dollar roll transaction: means two simultaneous transactions with different settlement dates no more than ninety-six days apart, so that in the transaction with the earlier settlement date, an insurer sells to a business entity, and in the other transaction the insurer is obligated to purchase from the same business entity, substantially similar securities of any of the following types:
(a) Asset-backed securities issued, assumed, or guaranteed by the Government National Mortgage Association, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or their respective successors. See Louisiana Revised Statutes 22:601.1
- Donor: The person who makes a gift.
- Earnable compensation: shall mean the full rate of compensation that would be payable to the member (employee) if he worked the full working time, including the expense allowance paid to the district attorney by the state of Louisiana. See Louisiana Revised Statutes 11:1581
- Earnings: means the full amount of compensation earned by a member for service rendered as an employee, excluding bonuses or fees in excess of regular salary or retainer, overtime pay, or payments relative to termination of employment including but not limited to accrued sick or annual leave and severance pay. See Louisiana Revised Statutes 11:1732
- Efficiency: means cost-effectiveness or productivity relative to achievement of an objective. See Louisiana Revised Statutes 39:2
- Electronic: means electrical, digital, magnetic, optical, electromagnet, or any other similar technology. See Louisiana Revised Statutes 39:1556
- 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 retirement plan: shall mean any of the following which accepts a distributee's eligible rollover distribution:
(i) An individual retirement account described in Section 408(a) of the United States Internal Revenue Code. See Louisiana Revised Statutes 11:1732
- Eligible rollover distribution: shall mean any distribution made on or after December 1, 1994, of all or any portion of the balance to the credit of the distributee. See Louisiana Revised Statutes 11:1732
- 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 :
(a) The actual or threatened condition which has been or may be created by a disaster; or
(b)(i) Any natural or man-made event which results in an interruption in the delivery of utility services to any consumer of such services and which affects the safety, health, or welfare of a Louisiana resident; or
(ii) Any instance in which a utility's property is damaged and such damage creates a dangerous condition to the public. See Louisiana Revised Statutes 29:723
- Emergency declaration: means a declaration of emergency issued by the governor under the authority of Louisiana Revised Statutes 29:782
- Emergency Management Assistance Compact: means the interstate compact approved by the United States Congress by Public Law No. See Louisiana Revised Statutes 29:782
- Emergency preparedness: means the mitigation of, preparation for, response to, and the recovery from emergencies or disasters. See Louisiana Revised Statutes 29:723
- Employee: means any person legally occupying a position as a school bus driver who actually renders a service by driving a school bus during the full time of his employment, a school janitor, a school custodian, a school maintenance employee, school bus aide, monitor or attendant, or other regular school employee who actually works on a school bus helping with the transportation of school children, and who is a legal employee of a parish or city school board of the state of Louisiana, and shall include the employees of this system. See Louisiana Revised Statutes 11:1002
- Employee: means any regular employee of a clerk, minute clerk, and employees of the Louisiana Clerks of Court Association, the Louisiana Clerks' of Court Retirement and Relief Fund, and the Louisiana Clerks of Court Insurance Fund, who works more than an average of twenty hours per week. See Louisiana Revised Statutes 11:1503
- Employee: shall mean any district attorney of the state of Louisiana, or any assistant district attorney in any parish of the state of Louisiana. See Louisiana Revised Statutes 11:1581
- Employee: means a person including an elected official, actively employed by a participating employer on a permanent, regularly scheduled basis of at least an average of thirty-five hours per week. See Louisiana Revised Statutes 11:1732
- Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any nonsalaried individual performing personal services for any governmental body. See Louisiana Revised Statutes 39:1556
- Employer: means the state of Louisiana or any parish or city school board from which any employee receives his compensation. See Louisiana Revised Statutes 11:1002
- Employer: shall mean any parish in the state of Louisiana; the state of Louisiana, or the police jury or any other governing body of a parish or political corporation or subdivision of the state of Louisiana which employs and pays persons as district attorneys or assistant district attorneys. See Louisiana Revised Statutes 11:1581
- Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
- Enterprise risk: means any activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including but not limited to anything that would cause the insurer's risk-based capital to fall into company action level as set forth in Louisiana Revised Statutes 22:691.2
- 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.
- Entity: means a person other than an individual. See Louisiana Revised Statutes 29:782
- 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
- Equivalent securities: means :
(a) In a securities lending transaction, securities that are identical to the loaned securities in all features including the amount of the loaned securities, except as to the certificate number if held in physical form, but if any different security shall be exchanged for a loaned security by recapitalization, merger, consolidation, or other corporate action, the different security shall be considered to be the loaned security. See Louisiana Revised Statutes 22:601.1
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Established catalog price: means the price included in a catalog, price list, schedule, or other form that:
(a) Is regularly maintained by a manufacturer or contractor. See Louisiana Revised Statutes 39:1556
- Evacuation: means an operation whereby all or part of a particular population is temporarily relocated, whether individually or in an organized manner, from an area in which a disaster or emergency has been declared and is considered dangerous for health or safety of the public. See Louisiana Revised Statutes 29:723
- Ex officio: Literally, by virtue of one's office.
- Excess benefit participant: shall mean any member whose retirement benefit as determined on the basis of all qualified plans without regard to the limitations of Louisiana Revised Statutes 11:1576
- Exchange-traded fund: means funds registered as open-end investment companies or unit investment trusts under 15 U. See Louisiana Revised Statutes 22:601.1
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Executor: A male person named in a will to carry out the decedent
- 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
- External procurement activity: means any buying organization not located in this state which, if located in this state, would qualify as a public procurement unit. See Louisiana Revised Statutes 39:1556
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- FBI rap back system: means a service maintained by the Federal Bureau of Investigation to provide authorized noncriminal and criminal justice agencies ongoing status notifications of any criminal history subsequently reported to the FBI in its criminal history system after the initial criminal or civil transaction. See Louisiana Revised Statutes 15:576
- Federal reserve: means the Board of Governors of the Federal Reserve System, as provided in Louisiana Revised Statutes 22:691.2
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means any person, firm, partnership, association, or state bank, including a usufructuary, who or which occupies a position of peculiar confidence toward any person, firm, association, partnership, trust, or estate. See Louisiana Revised Statutes 6:201
- Final compensation: means the average monthly earnings during the highest sixty consecutive months or joined months if service was interrupted. See Louisiana Revised Statutes 11:1732
- Financial products agreement: means an interest rate swap, cap, collar, floor, other hedging agreement, arrangement, or security, however denominated, entered into by a governmental entity not for investment purposes but with respect to a series of bonds for the purpose of reducing or otherwise managing the risk of interest rate changes, or effectively converting a governmental entity's interest rate exposure, in whole or in part, from a fixed rate exposure to a variable rate exposure, or from a variable rate exposure to a fixed rate exposure. See Louisiana Revised Statutes 39:503
- First responders: means the first arriving organized responders with the capability and mission to contain, mitigate, and resolve the emergency at hand, including but not limited to state agency essential workers. See Louisiana Revised Statutes 29:723
- Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
- Floor: means an agreement obligating the seller to make payments to the buyer in which each payment is based on the amount by which a predetermined number, sometimes called the floor rate or price, exceeds a reference price, level, performance, or value of one or more underlying interests. See Louisiana Revised Statutes 22:601.1
- Forced evacuation: means an evacuation that may be ordered as a last resort when a disaster or emergency has been declared and danger of loss of life is imminent, and conditions exist that critically imperil or endanger the lives of those in a defined area. See Louisiana Revised Statutes 29:723
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Foreign currency: means a currency other than that of a domestic jurisdiction. See Louisiana Revised Statutes 22:601.1
- Foreign jurisdiction: means a jurisdiction other than a domestic jurisdiction. See Louisiana Revised Statutes 22:601.1
- foreign representative: shall mean a person in a foreign country whose education and experience qualify such person to represent the state in such foreign country. See Louisiana Revised Statutes 39:1556
- 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
- Fraud: Intentional deception resulting in injury to another.
- Fund: means the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
- 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
- Future: means an agreement, traded on a qualified exchange or qualified foreign exchange, to make or take delivery of, or effect a cash settlement based on the actual or expected price, level, performance, or value of, one or more underlying interests. See Louisiana Revised Statutes 22:601.1
- Goal: means a general purpose toward which the efforts of an agency are directed. See Louisiana Revised Statutes 39:2
- Governing authority: means the elected or appointed body that exercises the legislative functions of a parish, municipality, school board, school district, or other political subdivision, including:
(a) A sheriff in the case of a law enforcement district. See Louisiana Revised Statutes 39:503
- Government sponsored enterprise: means any of the following:
(a) Governmental agency. See Louisiana Revised Statutes 22:601.1
- Governmental body: means any department, office, division, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch of state government. See Louisiana Revised Statutes 39:1556
- Governmental entity: means any governmental unit which is not included in the definition of "governmental body" in this Section. See Louisiana Revised Statutes 39:1556
- Governmental entity: means any parish, municipality, school board, school district, or other political subdivision of the state, other than the city of New Orleans and its agencies, boards, authorities, and commissions, and other than the Sewerage and Water Board of New Orleans. See Louisiana Revised Statutes 39:503
- Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
- Grant: means the furnishing by the state of assistance, whether financial or otherwise, to any person to support a program authorized by law. See Louisiana Revised Statutes 39:1556
- Grantor: The person who establishes a trust and places property into it.
- Gross income: means :
(a) The income from any source, including but not limited to salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, recurring monetary gifts, annuities, capital gains, social security benefits, workers' compensation benefits, basic and variable allowances for housing and subsistence from military pay and benefits, unemployment insurance benefits, disaster unemployment assistance received from the United States Department of Labor, disability insurance benefits, and spousal support received from a preexisting spousal support obligation;
(b) Expense reimbursement or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business, if the reimbursements or payments are significant and reduce the parent's personal living expenses. See Louisiana Revised Statutes 9:315
- Group capital calculation instructions: means the group capital calculation instructions as adopted by the NAIC and as amended by the NAIC in accordance with the procedures adopted by the NAIC. See Louisiana Revised Statutes 22:691.2
- Group-wide supervisor: means the regulatory official authorized to engage in conducting and coordinating group-wide supervision activities who is determined or acknowledged by the commissioner pursuant to Louisiana Revised Statutes 22:691.2
- Guaranteed or insured: when used in connection with an obligation acquired pursuant to this Subpart, means that the guarantor or insurer has agreed to one of the following:
(a) Perform or insure the obligation of the obligor or purchase the obligation. See Louisiana Revised Statutes 22:601.1
- 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.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Health care provider: means a clinic, person, corporation, facility, or institution which provides health care or professional services by a physician, dentist, registered or licensed practical nurse, pharmacist, optometrist, podiatrist, chiropractor, physical therapist, psychologist, or psychiatrist, and any officer, employee, or agent thereof acting in the course and scope of his service or employment. See Louisiana Revised Statutes 29:762
- Health facility: means an entity licensed under the laws of this or another state to provide health services. See Louisiana Revised Statutes 29:782
- Health organization: means a health maintenance organization licensed under Subpart I of Part I of this Chapter, a limited health service organization which bears risk, dental or vision plan which bears risk, hospital, medical and dental indemnity or service corporation which bears risk, provider-sponsored organization which bears risk, or other risk-bearing managed care organization licensed under this Title. See Louisiana Revised Statutes 22:631
- Health practitioner: means an individual licensed under the laws of this or another state to provide health services. See Louisiana Revised Statutes 29:782
- Health services: means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of individuals or human populations, to the extent necessary to respond to a declared emergency, including:
(a) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:
(i) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care. See Louisiana Revised Statutes 29:782
- Hedging transaction: means a derivative transaction which is entered into and maintained to reduce one of the following:
(a) The risk of a change in the value, yield, price, cash flow, or quantity of assets or liabilities which the insurer has acquired or incurred or anticipates acquiring or incurring. See Louisiana Revised Statutes 22:601.1
- Highly rated: means an investment rated "P-1" by Moody's Investors Service, Inc. See Louisiana Revised Statutes 22:601.1
- hive: means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times many drones; and includes brood, combs, honey, and the receptacle inhabited by the bees. See Louisiana Revised Statutes 3:2302
- Homeland: means the state of Louisiana, and where the context requires, means the parishes of the state of Louisiana, "the United States". See Louisiana Revised Statutes 29:723
- Host entity: means an entity operating in this state which uses volunteer health practitioners to respond to an emergency. See Louisiana Revised Statutes 29:782
- In service: means service rendered after June 30, 1947, for which retirement credit has not been received and for which credit is allowable under Part III of this Chapter. See Louisiana Revised Statutes 11:1002
- in writing: means the product of any method of forming characters on paper, other materials, or viewable screen, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. See Louisiana Revised Statutes 39:1556
- Income: means , as to a security, interest, accrual of discount, dividends, or other distributions, such as rights, tax or assessment credits, warrants and distributions in kind. See Louisiana Revised Statutes 22:601.1
- Income: means :
(a) Actual gross income of a party, if the party is employed to full capacity; or
(b) Potential income of a party, if the party is voluntarily unemployed or underemployed. See Louisiana Revised Statutes 9:315
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- indigent defender: means an attorney employed by or under contract with the board, the office, or a district public defender to provide legal counsel to an indigent person in a criminal proceeding. See Louisiana Revised Statutes 15:143
- indigent defender: means an attorney employed by or under contract with the board, the district public defender, or a nonprofit organization contracting with the board or the district public defender to provide representation, including curatorship appointments, to indigent or absent parents in child abuse and neglect cases as required by the provisions of the Children's Code. See Louisiana Revised Statutes 15:185.2
- indigent defender services: means the providing of legal services to indigent persons in criminal proceedings in which the right to counsel attaches under the United States and Louisiana constitutions. See Louisiana Revised Statutes 15:143
- Infectious disease: means a disease caused by a living organism or other pathogen, including a fungus, bacteria, parasite, protozoan, or virus. See Louisiana Revised Statutes 29:762
- Infectious waste: means :
(a) "Biological waste" which includes blood and blood products, excretions, exudates, secretions, suctioning and other body fluids, and waste materials saturated with blood or body fluids. See Louisiana Revised Statutes 29:762
- Insurable interest: as used in this Chapter means any lawful and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage. See Louisiana Revised Statutes 22:853
- Insurance future: means a future relating to an index or pool that is based on insurance-related items. See Louisiana Revised Statutes 22:601.1
- insurance holding company system: consists of two or more affiliated persons, one or more of which is an insurer. See Louisiana Revised Statutes 22:691.2
- Inter vivos: Transfer of property from one living person to another living person.
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Internationally active insurance group: means an insurance holding company system that:
(a) Includes an insurer registered pursuant to Louisiana Revised Statutes 22:691.2
- Interoperability: means the ability of two or more systems or their components to exchange information and to use the information exchanged. See Louisiana Revised Statutes 29:723
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Investment company: means an investment company as defined in 15 U. See Louisiana Revised Statutes 22:601.1
- Investment company series: means an investment portfolio of an investment company that is organized as a series company and to which assets of the investment company have been specifically allocated. See Louisiana Revised Statutes 22:601.1
- Investment practices: means transactions of the types described in Louisiana Revised Statutes 22:601.1
- Investment subsidiary: means a subsidiary of an insurer engaged or organized to engage exclusively in the ownership and management of assets authorized as investments for the insurer if each subsidiary agrees to limit its investment in any asset so that its investments will not cause the amount of the total investment of the insurer to exceed any of the investment limitations or avoid any other provisions of this Subpart applicable to the insurer. See Louisiana Revised Statutes 22:601.1
- Invitation for bids: means all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in Louisiana Revised Statutes 39:1556
- Isolation: means the physical separation and confinement of an individual or groups of individuals who are infected or are reasonably believed to be infected with a contagious or possibly contagious disease from non-isolated individuals, to prevent or limit the transmission of the disease to non-isolated individuals. See Louisiana Revised Statutes 29:762
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- 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
- Liability: means a debt arising out of a transaction where goods or services have been received or rendered which must be liquidated, renewed, or refunded at some future date. See Louisiana Revised Statutes 39:2
- License: means authorization by a state to engage in health services that are unlawful without the authorization. See Louisiana Revised Statutes 29:782
- License fee: means the privilege, tax, or fee imposed by this Chapter. See Louisiana Revised Statutes 32:401
- licensed and in good standing: means a current, unrestricted license or other authority issued by the professional licensing authority of another state to provide the health services sought or to be rendered in this state during a declared emergency. See Louisiana Revised Statutes 29:782
- Life or health and accident insurer: means any insurance company possessing a certificate of authority in the state that issues the kind of insurance listed in Louisiana Revised Statutes 22:611
- Limited liability company: means a business organization, excluding partnerships and ordinary business corporations, organized or operating under the laws of the United States or any state thereof that limits the personal liability of investors to the equity investment of the investor in the business entity. See Louisiana Revised Statutes 22:601.1
- Listed bond fund: means a mutual fund, or an exchange-traded fund, that at all times is listed as eligible for reporting as a long-term bond within the Purposes and Procedures Manual of the NAIC Investment Analysis Office or any successor publication. See Louisiana Revised Statutes 22:601.1
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Livestock: means any animal bred, kept, maintained, raised, or used for show, profit, or for the purpose of selling or otherwise producing crops, animals, or plant or animal products for market. See Louisiana Revised Statutes 3:2130
- Local governmental subdivision: means a parish of the state of Louisiana. See Louisiana Revised Statutes 29:723
- Local public procurement unit: means any parish, city, town, governmental body, and any other subdivision of the state or public agency thereof, public authority, public educational, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the acquisition or leasing of supplies, services, major repairs, and construction, and any nonprofit corporation operating a charitable hospital. See Louisiana Revised Statutes 39:1556
- Major repairs: means those repairs payable with funds appropriated in the general appropriations act, except those funds transferred from the operating budget of one governmental body to supplement and complete a project under contract by the division of administration facility planning and control section. See Louisiana Revised Statutes 39:1556
- Mandatory evacuation: means an evacuation that may be ordered when a disaster or emergency has been declared and danger is imminent, conditions exist that seriously imperil or endanger the lives of those in a defined area, and government officials strongly urge and order all persons in designated evacuation areas to relocate to safer locations for their own safety. See Louisiana Revised Statutes 29:723
- Mandatory-control level risk-based capital: means seven-tenths of a company's authorized control level risk-based capital. See Louisiana Revised Statutes 22:611
- Mandatory-control level risk-based capital: means the product of seventy hundredths and the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:631
- Manufacturer: means any person regularly engaged in the business of manufacturing or assembling new motor vehicles, either within or without this state. See Louisiana Revised Statutes 32:702
- Market value: means :
(a) As to cash and letters of credit, the amounts thereof. See Louisiana Revised Statutes 22:601.1
- Maximum benefit: shall mean the retirement benefit a member is entitled to receive from the pension plan set forth in Part III of this Chapter in any month after giving effect to Louisiana Revised Statutes 11:1576
- Medical board: shall mean the State Medical Disability Board. See Louisiana Revised Statutes 11:1581
- Member: means any school employee, as defined in Paragraph (13) of this Section, as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:1002
- Member: shall include any employee, as defined in Paragraph (10) of this Section, included in the membership of this system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:1581
- Member: means a contributing employee who is covered under the provisions of this Chapter. See Louisiana Revised Statutes 11:1732
- Membership service: means service as an employee rendered while a member of the retirement system. See Louisiana Revised Statutes 11:1002
- Membership service: shall mean service for which credit is allowable as provided in La. See Louisiana Revised Statutes 11:1581
- Mental health support personnel: includes but is not limited to psychiatrists, psychologists, social workers, and volunteer crisis counseling groups. See Louisiana Revised Statutes 29:762
- Minor child: means a child who is less than the age of eighteen years or who has a physical or mental disability, regardless of age, who is the issue of a marriage of the member or former member, the legally adopted child of a member or former member, the natural child of a female member or former member, or the child of a male member or former member if a court of competent jurisdiction has, during the lifetime of such male member or former member, issued an order of filiation declaring the paternity of such male member for the child. See Louisiana Revised Statutes 11:1503
- Money market mutual fund: means a mutual fund that meets the conditions of Louisiana Revised Statutes 22:601.1
- Monthly average final compensation: means the average of a member's monthly salary during the highest compensated sixty consecutive months or successive joined months if service was interrupted. See Louisiana Revised Statutes 11:1503
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Mortgage loan: means an obligation secured by a mortgage, deed of trust, trust deed, or other consensual lien on real estate. See Louisiana Revised Statutes 22:601.1
- Mortgage-backed security: means debt obligations, including collateralized mortgage obligations, which represent claims to the cash flows from pools of mortgage loans made by financial institutions. See Louisiana Revised Statutes 22:601.1
- Motor vehicle: means and includes automobiles, trucks, truck-tractors, trailers, semitrailers, and motorcycles, propelled by steam, gasoline, electricity, or any other source of energy other than muscular power, except electric-assisted bicycles, farm implements temporarily operated or moved on a highway or vehicles operated only on rails or tracks constructed therefor. See Louisiana Revised Statutes 32:401
- Motorcycle: means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and an electric-assisted bicycle or a motorized bicycle. See Louisiana Revised Statutes 32:401
- Multilateral development bank: means an international development organization of which the United States is a member. See Louisiana Revised Statutes 22:601.1
- Mutual fund: means an investment company or, in the case of an investment company that is organized as a series company, an investment company series, that, in either case, is registered with the United States Securities and Exchange Commission under 15 U. See Louisiana Revised Statutes 22:601.1
- NAIC: means the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:601.1
- NAIC: means the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:611
- NAIC: means the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:691.2
- NAIC liquidity stress test framework: means the separate NAIC publication which includes a history of the NAIC's development of regulatory liquidity stress testing, the scope criteria applicable for a specific data year, and the liquidity stress test instructions and reporting templates for a specific data year, such scope criteria, instructions, and reporting template being as adopted by the NAIC and amended by the NAIC in accordance with the procedures adopted by the NAIC. See Louisiana Revised Statutes 22:691.2
- National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
- Necessary designation and credentials: means appropriate credentials obtained from the parish homeland security and emergency preparedness agency or any regional cooperative of parish homeland security and emergency preparedness agencies. See Louisiana Revised Statutes 29:723
- Negotiation: means the formulation of a contractual relationship through discussions as may be allowed under this Chapter. See Louisiana Revised Statutes 39:1556
- Oath: A promise to tell the truth.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Obligation: means a bond, note, debenture, trust certificate including an equipment certificate, production payment, negotiable bank certificate of deposit, bankers' acceptance, and other evidence of indebtedness for the payment of money, or participations, certificates, or other evidences of an interest in any of the foregoing, whether constituting a general obligation of the issuer or payable only out of certain revenues or certain funds pledged or otherwise dedicated for payment. See Louisiana Revised Statutes 22:601.1
- Obligation: means an amount which a government may be required legally to meet out of its resources. See Louisiana Revised Statutes 39:2
- Office: means the office of the state public defender authorized to:
(a) Regulate and fund public defender services and provide financial support to other service programs that provide services to persons adjudicated in the criminal justice system. See Louisiana Revised Statutes 15:143
- Office: means the office of the state public defender as created by Louisiana Revised Statutes 15:185.2
- Option: means an agreement giving the buyer the right to buy or receive, known as a "call option" sell or deliver, known as a "put option" enter into, extend or terminate or effect a cash settlement based on the actual or expected price, level, performance, or value of one or more underlying interests. See Louisiana Revised Statutes 22:601.1
- Ordinary medical expenses: means unreimbursed medical expenses less than or equal to two hundred fifty dollars per child per year. See Louisiana Revised Statutes 9:315
- Oversight: Committee review of the activities of a Federal agency or program.
- Parish president: means the president of any parish, mayor-president, mayor of New Orleans (Orleans Parish), or police jury president. See Louisiana Revised Statutes 29:723
- participating employer: shall mean :
(i) Any incorporated city, town, or village in the state of Louisiana. See Louisiana Revised Statutes 11:1732
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Performance-based energy efficiency contract: means a contract for energy efficiency services and equipment in which the payment obligation for each year of the contract is either:
(a) Set as a percentage of the annual energy cost savings attributable to the services or equipment under the contract. See Louisiana Revised Statutes 39:1556
- 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
- Person: means an individual, corporation, business trust, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Louisiana Revised Statutes 29:782
- Person: shall mean any individual, firm, corporation, partnership or association. See Louisiana Revised Statutes 32:702
- Person: means any natural person, partnership, corporation, company, association, society, trust, or other business unit or organization. See Louisiana Revised Statutes 3:2053
- Person: means any individual, firm, or corporation. See Louisiana Revised Statutes 3:2302
- Person: means an individual, a business entity, a multilateral development bank, or a government or quasi-governmental body, such as a political subdivision or a government-sponsored enterprise. See Louisiana Revised Statutes 22:601.1
- Person: means an individual, a corporation, a limited liability company, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the foregoing acting in concert, but shall not include any joint venture partnership exclusively engaged in owning, managing, leasing, or developing immovable or corporeal movable property. See Louisiana Revised Statutes 22:691.2
- Person: means any business, individual, union, committee, club, or other organization or group of individuals. See Louisiana Revised Statutes 39:1556
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plan A: means the revised plan to replace a combination of the regular and supplemental plans, to be effective October 1, 1978, as outlined in Part III of this Chapter. See Louisiana Revised Statutes 11:1732
- Plan B: means the revised plan to replace the regular plan, to be effective October 1, 1978, as outlined in Part IV of this Chapter. See Louisiana Revised Statutes 11:1732
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Potential exposure: means the amount determined in accordance with the NAIC Annual Statement Instructions, as amended. See Louisiana Revised Statutes 22:601.1
- Power cycle: means every motor vehicle propelled by an engine developing not more than five brake horse power, designed to travel on not more than three wheels, at a speed under thirty-five miles per hour, and equipped with brakes adequate to stop such vehicle upon a reasonably clean, dry, level surface within forty-five feet from the spot where the brakes were first applied when the vehicle is travelling at twenty miles per hour. See Louisiana Revised Statutes 32:401
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Practicable: means that which can be done or put into practice; feasible. See Louisiana Revised Statutes 39:1556
- 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.
- Preferred stock: means preferred, preference, or guaranteed stock of a business entity authorized to issue the stock, that has a preference in liquidation over the common stock of the business entity. See Louisiana Revised Statutes 22:601.1
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Prior service: means service rendered prior to July 1, 1947, for which credit is allowable under Part III of this Chapter. See Louisiana Revised Statutes 11:1002
- Prior service: shall mean service rendered prior to the date of the establishment of this retirement system for which credit is allowable as provided in La. See Louisiana Revised Statutes 11:1581
- Private procurement unit: means any regionally accredited independent college or university in the state that is a member of the Louisiana Association of Independent Colleges and Universities or any early learning center as defined in Louisiana Revised Statutes 39:1556
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Procurement: means the buying, purchasing, renting, leasing, or otherwise obtaining any supplies, services, or major repairs. See Louisiana Revised Statutes 39:1556
- Procurement officer: means any person authorized by a governmental body, in accordance with procedures prescribed by regulations, to enter into and administer contracts and make written determinations and findings with respect thereto. See Louisiana Revised Statutes 39:1556
- Produce: means any food that is defined as such within the meaning of the FDA Food Safety Modernization Act and is a raw agricultural commodity, including raw agricultural commodities that are grown domestically or imported or offered for sale in Louisiana. See Louisiana Revised Statutes 3:921
- Producer: means any person who owns or acquires ownership of cattle, except that a person shall not be considered to be a producer if the person's only share in the proceeds of a sale of cattle or beef is a sales commission handling fee or other service fee. See Louisiana Revised Statutes 3:2053
- Professional service: means work rendered by an independent contractor who has a professed knowledge of some department of learning or science used by its practical application to the affairs of others or in the practice of an art founded on it, which independent contractor shall include but not be limited to lawyers, doctors, dentists, psychologists, certified advanced practice nurses, veterinarians, architects, engineers, land surveyors, landscape architects, accountants, actuaries, and claims adjusters. See Louisiana Revised Statutes 39:1556
- program: means the activities directed toward the accomplishment of providing indigent defender services under the Louisiana Public Defender Act. See Louisiana Revised Statutes 15:143
- program: means the Indigent Parents' Representation Program required by the Louisiana Children's Code and administered in accordance with the provisions of Louisiana Revised Statutes 15:185.2
- 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
- Property and casualty insurer: means any insurance company possessing a certificate of authority in the state that issues insurance other than the kinds specified in Louisiana Revised Statutes 22:611
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Public health authority: means the secretary of the Louisiana Department of Health, or his designee, and the state health officer. See Louisiana Revised Statutes 29:762
- public health emergency: means an occurrence or imminent threat of an illness or health condition that:
(a) Is believed to be caused by any of the following:
(i) Bioterrorism. See Louisiana Revised Statutes 29:762
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Public procurement unit: means either a local public procurement unit or a state public procurement unit. See Louisiana Revised Statutes 39:1556
- Purchasing agency: means any governmental body which is authorized by this Chapter or its implementing regulations, or by way of delegation from the state chief procurement officer, to contract on its own behalf rather than through the central contracting authority of the office of state procurement. See Louisiana Revised Statutes 39:1556
- Qualified bank: means any of the following:
(a) A national bank, state bank, or trust company that at all times is no less than adequately capitalized as determined by standards adopted by United States banking regulators and that is either regulated by state banking laws or is a member of the Federal Reserve System. See Louisiana Revised Statutes 22:601.1
- Qualified business entity: means a business entity that is one of the following:
(a) An issuer of obligations or preferred stock that are rated one or two by the SVO or an issuer of obligations, preferred stock or derivative instruments that are rated the equivalent of one or two by the SVO, or by a nationally recognized statistical rating organization recognized by the SVO. See Louisiana Revised Statutes 22:601.1
- Qualified exchange: means any of the following:
(a) A securities exchange registered as a national securities exchange or a securities market regulated under Louisiana Revised Statutes 22:601.1
- Qualified foreign exchange: means a foreign exchange, board of trade, or contract market located outside the United States, its territories, or possessions meeting all of the following criteria:
(a) That has received regulatory comparability relief under Commodity Futures Trading Commission Rule 30. See Louisiana Revised Statutes 22:601.1
- Qualified group purchasing organization: means a service organization, whether for profit or not, with a membership of at least fifteen hospitals within the United States, which contracts with suppliers for supplies and materials used in hospitals and makes such contracts available to its members. See Louisiana Revised Statutes 39:1556
- Qualified primary credit source: means the credit source to which an insurer looks for payment as to an investment and against which an insurer has a direct claim for full and timely payment, evidenced by a contractual right for which an enforcement action can be brought in a domestic jurisdiction. See Louisiana Revised Statutes 22:601.1
- Quarantine: means the physical separation and confinement of an individual or groups of individuals, who are or may have been exposed to a contagious or possibly contagious disease and who do not show signs or symptoms of a contagious disease, from non-quarantined individuals, to prevent or limit the transmission of the disease to non-quarantined individuals. See Louisiana Revised Statutes 29:762
- Real estate: means :
(a) Any of the following:
(i) Immovable property. See Louisiana Revised Statutes 22:601.1
- Regular interest: shall mean interest compounded annually at such a rate as shall be determined by the board of trustees in accordance with Louisiana Revised Statutes 11:1581
- Regular plan: means the original plan that became effective upon the establishment of the retirement system in 1955, as amended, excluding the supplemental plan. See Louisiana Revised Statutes 11:1732
- Regulatory-action level risk-based capital: means one hundred fifty percent of a company's authorized control level risk-based capital. See Louisiana Revised Statutes 22:611
- Regulatory-action level risk-based capital: means the product of one and one half and the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:631
- Replication transaction: means a derivative transaction that is intended to replicate the performance of one or more assets that an insurer is authorized to acquire pursuant to this Subpart. See Louisiana Revised Statutes 22:601.1
- Repurchase transaction: means a transaction in which an insurer sells securities to a business entity and is obligated to repurchase the sold securities or equivalent securities from the business entity at a specified price, either within a specified period or upon demand. See Louisiana Revised Statutes 22:601.1
- Request for proposals: means all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in this Chapter. See Louisiana Revised Statutes 39:1556
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:1002
- Retirement: shall mean withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:1581
- Retirement allowance: means the sum of annuity and the pensions or any optional benefit payable in lieu thereof. See Louisiana Revised Statutes 11:1002
- Retirement allowance: shall mean the sum of the "annuity" and the "employers' annuity" or any optional benefit payable in lieu thereof. See Louisiana Revised Statutes 11:1581
- Retirement system: means the Louisiana School Employees Retirement System established and described in Louisiana Revised Statutes 11:1002
- Retirement System: shall mean the District Attorneys' Retirement System as defined in Louisiana Revised Statutes 11:1581
- retirement system: means the Municipal Employees' Retirement System of Louisiana, established as of January 1, 1955, defined in Chapter 4, Title 11 of the Louisiana Revised Statutes, and as subsequently amended. See Louisiana Revised Statutes 11:1732
- Reverse auction: means a competitive online solicitation process on the internet for materials, supplies, services, products, equipment, or consulting services in which vendors compete against each other online in real time in an open and interactive environment. See Louisiana Revised Statutes 39:1556
- Reverse repurchase transaction: means a transaction in which an insurer purchases securities from a business entity that is obligated to repurchase the purchased securities or equivalent securities from the insurer at a specified price, either within a specified period or upon demand. See Louisiana Revised Statutes 22:601.1
- Revision date: means October 1, 1978, the effective date of the establishment of Plan A and Plan B. See Louisiana Revised Statutes 11:1732
- Revocation: means that the driver's license to drive a motor vehicle on the highways is terminated and shall not be renewed, except that an application for a new license may be presented and acted upon by the department after the expiration of at least one year after revocation. See Louisiana Revised Statutes 32:401
- Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
- Risk-based capital instructions: means the risk-based capital report including risk-based capital instructions adopted by the NAIC, as such risk-based capital instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Louisiana Revised Statutes 22:611
- Risk-based capital instructions: means the risk-based capital report including risk-based capital instructions adopted by the National Association of Insurance Commissioners, as these risk-based capital instructions may be amended by the National Association of Insurance Commissioners from time to time in accordance with the procedures adopted by the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:631
- Risk-based capital level: means an action level risk-based capital, regulatory action level risk-based capital, authorized control level risk-based capital, or mandatory control level risk-based capital of an insurer where:
(a) "Authorized-control level risk-based capital" means the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:611
- Risk-based capital plan: means a comprehensive financial plan containing the requirements of Louisiana Revised Statutes 22:611
- Risk-based capital plan: means a comprehensive financial plan containing the elements specified in Louisiana Revised Statutes 22:631
- Risk-based capital report: means the report required pursuant to Louisiana Revised Statutes 22:611
- Risk-based capital report: means the report required in Louisiana Revised Statutes 22:631
- Salary: means the full rate of regular compensation paid to a member for the performance of his official duties, but shall not include bonuses, payment for accrued vacation, annual or sick leave, payment for overtime, terminal pay, severance pay, deferred salary, or any other type of irregular or nonrecurring payment. See Louisiana Revised Statutes 11:1503
- Salvage title: shall mean a certificate used to evidence the declaration in an insurance settlement that a motor vehicle is a "total loss" motor vehicle as provided in this Chapter, to be prescribed and distributed by the office of motor vehicles, to an insurance company, its authorized agent, or the owner of a "total loss" motor vehicle. See Louisiana Revised Statutes 32:702
- Scope of practice: means the extent of the authorization to provide health services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority. See Louisiana Revised Statutes 29:782
- Secure registration card: means a secure form of identification which meets the following criteria:
(a) Is built on nationally recognized standards-based security features and enrollment vetting and issuance processes. See Louisiana Revised Statutes 29:782
- Secured location: means the contiguous real estate owned by one person. See Louisiana Revised Statutes 22:601.1
- Securities lending transaction: means a transaction in which securities are loaned by an insurer to a business entity that is obligated to return the loaned securities or equivalent securities to the insurer, either within a specified period or upon demand. See Louisiana Revised Statutes 22:601.1
- self-generated revenue: means all revenue received by a judicial district including revenue received as a result of grants or donations or other forms of assistance. See Louisiana Revised Statutes 15:143
- self-generated revenue: means all revenue received by a judicial district except revenue received as a result of grants, donations, or other forms of assistance when the terms and conditions thereof or of agreements pertaining thereto require otherwise. See Louisiana Revised Statutes 15:185.2
- Series company: means an investment company that is organized as a series company, as defined in Louisiana Revised Statutes 22:601.1
- Service: shall mean service rendered as an employee as described in Paragraph (10) of this Section. See Louisiana Revised Statutes 11:1581
- Service certificate: means a statement of a member's total creditable service as approved by the board. See Louisiana Revised Statutes 11:1732
- Service date: means the date of enrollment of a member into the system. See Louisiana Revised Statutes 11:1732
- Service of process: The service of writs or summonses to the appropriate party.
- Services: means the furnishing of labor, time, or effort by a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. See Louisiana Revised Statutes 39:1556
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Shares: means the units into which the stockholders' rights to participate in the control of the state bank, in its profits, or in the distribution of corporate assets are divided. See Louisiana Revised Statutes 6:201
- Shell business entity: means a business entity having no economic substance, except as a vehicle for owning interests in assets issued, owned, or previously owned by a person domiciled in a foreign jurisdiction. See Louisiana Revised Statutes 22:601.1
- Short-term: means investments with a remaining term to maturity of ninety days or less. See Louisiana Revised Statutes 22:601.1
- Signature: means a manual or electronic signature. See Louisiana Revised Statutes 39:1556
- Social service: means work rendered by any person, firm, corporation, organization, governmental body, or governmental entity in furtherance of the general welfare of the citizens of Louisiana, including but not limited to the objectives provided for in Louisiana Revised Statutes 39:1556
- Specification: means any description of the physical or functional characteristics, or of the nature of a supply, service, or major repair. See Louisiana Revised Statutes 39:1556
- Specimens: include but are not limited to blood, sputum, urine, stool, other bodily fluids, wastes, tissues, and cultures necessary to perform required tests. See Louisiana Revised Statutes 29:762
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Louisiana Revised Statutes 29:782
- State: means a state, territory, or possession of the United States of America, the District of Columbia, or the Commonwealth of Puerto Rico. See Louisiana Revised Statutes 22:601.1
- State: means the state of Louisiana. See Louisiana Revised Statutes 39:503
- State chief procurement officer: means the person holding the position created in Louisiana Revised Statutes 39:1556
- State entomologist: means the entomologist of the Louisiana Department of Agriculture. See Louisiana Revised Statutes 3:2302
- State licensing authority: means a professional licensing board, agency, or commission with authority to license health practitioners in this state to provide the health services proposed to be provided by a volunteer health practitioner in response to a declared emergency, and which shall have administrative disciplinary jurisdictional authority over volunteer health practitioners with respect to their offering or provision of such health services in the state. See Louisiana Revised Statutes 29:782
- State public defender: means the person appointed by the governor, subject to approval of a majority of the board and Senate confirmation, to administer the statewide public defender system for the delivery of public defender services. See Louisiana Revised Statutes 15:143
- State public procurement unit: means the central purchasing agency and any other purchasing agency of this state. See Louisiana Revised Statutes 39:1556
- Statewide communications interoperability plan for first responders: means a statewide shared communications system for first responders with the ability to transport and receive voice, data, image, and video information adopted by the interoperability subcommittee. See Louisiana Revised Statutes 29:723
- Statewide interoperability plan: means short-term and long-term statewide plans for interoperability for communications and information sharing needed during an emergency and adopted by the state Unified Command Group. See Louisiana Revised Statutes 29:723
- Stockholder: means the holder of record of one or more shares. See Louisiana Revised Statutes 6:201
- Subpoena: A command to a witness to appear and give testimony.
- Substantially similar securities: means securities that meet all criteria for substantially similar specified in the NAIC Accounting Practices and Procedures Manual, as amended, and in an amount that constitutes good delivery form as determined from time to time by the Public Securities Association. See Louisiana Revised Statutes 22:601.1
- Summons: Another word for subpoena used by the criminal justice system.
- Supplemental agreement: means any contract modification which is accomplished by the mutual action of the parties. See Louisiana Revised Statutes 39:1556
- Supplemental plan: means the supplementary plan established by Act No. See Louisiana Revised Statutes 11:1732
- Supplies: means all property, including but not limited to equipment, materials, insurance, and leases on immovable property excluding land or a permanent interest in land. See Louisiana Revised Statutes 39:1556
- Surplus: means the excess for any fiscal year of the actual monies received and any monies or balances carried forward over the actual expenditures paid by warrant or transfer for any fund at the close of the fiscal year as such are reported by the office of statewide reporting within the division of administration. See Louisiana Revised Statutes 39:2
- Surviving spouse: means the spouse of a deceased member or former member who was married to and living with the deceased member or former member at the time of his death. See Louisiana Revised Statutes 11:1503
- Surviving spouse: means a legal spouse who was married to a member at the time of the member's death and for at least twelve months immediately prior thereto. See Louisiana Revised Statutes 11:1732
- Suspension: means that the driver's license to drive a motor vehicle on the highways is temporarily withdrawn during the period of such suspension. See Louisiana Revised Statutes 32:401
- Suspension: means the disqualification of a person to receive invitations for bids or requests for proposals, or the award of a contract by the state, for a temporary period pending the completion of an investigation and any legal proceedings that may ensue because a person is suspected upon probable cause of engaging in criminal, fraudulent, or seriously improper conduct or failure or inadequacy of performance which may lead to debarment. See Louisiana Revised Statutes 39:1556
- SVO: means the Securities Valuation Office of the NAIC or any successor office established by the NAIC. See Louisiana Revised Statutes 22:601.1
- Swap: means an agreement to exchange or to net payments at one or more times based on the actual or expected price, level, performance, or value of one or more underlying interests. See Louisiana Revised Statutes 22:601.1
- System: means the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
- Testify: Answer questions in court.
- Tests: include but are not limited to any diagnostic or investigative analyses necessary to prevent the spread of disease or protect the public's health, safety, and welfare. See Louisiana Revised Statutes 29:762
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Total adjusted capital: means the sum of:
(a) An insurer's statutory capital and surplus. See Louisiana Revised Statutes 22:611
- Total adjusted capital: means the sum of the following:
(a) A health organization's statutory capital and surplus as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed under Louisiana Revised Statutes 22:631
- Total assessed value: means the assessed valuation of all property, including both homestead-exempt property, which shall be included on the assessment roll for the purposes of total assessed value, and nonexempt property as shown on the most recent assessment of the parish in which the governmental entity is located. See Louisiana Revised Statutes 39:503
- Total loss: means a motor vehicle which has sustained damages equivalent to seventy-five percent or more of the market value as determined by the most current National Automobile Dealers Association Handbook. See Louisiana Revised Statutes 32:702
- Total voting power: means the entirety of the voting power. See Louisiana Revised Statutes 6:201
- Trustee: A person or institution holding and administering property in trust.
- UCG: means the group which is established by executive order of the governor to bring senior officials within the governor's office and cabinet secretaries or their designees together with a common objective of effectively managing an incident and ensuring that regardless of the number of agencies or jurisdictions involved, all decisions will be based upon mutually agreed upon objectives with the governor as the unified commander. See Louisiana Revised Statutes 29:723
- 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 other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Louisiana Revised Statutes 22:691.2
- Underlying interest: means the assets, liabilities, other interests, or a combination thereof underlying a derivative instrument, such as any one or more securities, currencies, rates, indices, commodities, or derivative instruments. See Louisiana Revised Statutes 22:601.1
- Unrestricted benefit: shall mean the monthly retirement benefit a member, or the spouse, child, or single dependent parent of a member, would have received under the terms of all qualified plans of the employer, except for the restrictions of Louisiana Revised Statutes 11:1576
- User: shall mean any person who acquires a vehicle for purposes other than resale and is required to register same under the provisions of the Louisiana Vehicle Registration License Tax Law, Chapter 4 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 32:702
- Using agency: means any governmental body of the state which utilizes any supplies, services, or major repairs purchased under this Chapter. See Louisiana Revised Statutes 39:1556
- Usury: Charging an illegally high interest rate on a loan. Source: OCC
- Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
- Vehicle: shall include those devices sometimes referred to as mobile homes as defined in Louisiana Revised Statutes 32:702
- Venue: The geographical location in which a case is tried.
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
- Volunteer health practitioner: means a health practitioner who provides health services in this state for a host entity, whether or not the practitioner receives compensation for those services so long as the person who receives the health services does not pay and is not asked to pay directly or indirectly for the health services. See Louisiana Revised Statutes 29:782
- Voting power: means the right vested by law or by the articles or the bylaws in the stockholder or in one or more classes of stockholder to vote in the determination of any particular question or matter coming before meetings of the stockholders. See Louisiana Revised Statutes 6:201
- Voting power present: means that part of the voting power exercisable by the stockholders present in person or represented by proxy at the meeting at which the stockholders take action on a particular question or matter. See Louisiana Revised Statutes 6:201
- Voting security: shall include any security convertible into or evidencing a right to acquire a voting security. See Louisiana Revised Statutes 22:691.2
- Warrant: means an instrument that gives the holder the right to purchase an underlying financial instrument at a given price and time or at a series of prices and times outlined in the warrant agreement. See Louisiana Revised Statutes 22:601.1
- Water-damaged vehicle: means any vehicle whose power train, computer, or electrical system has been damaged by flooding and that is a "total loss" as defined in this Section. See Louisiana Revised Statutes 32:702