Louisiana Revised Statutes 39:100.42 – Definitions
Terms Used In Louisiana Revised Statutes 39:100.42
- Activity: means a distinct subset of functions or services within a program. See Louisiana Revised Statutes 39:2
- CARES Act: shall mean the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136 and any guidance or regulations issued by the United States Department of the Treasury as of the date of this Act or thereafter relative to the CARES Act. See Louisiana Revised Statutes 39:100.42
- Commissioner: shall mean the commissioner of the division of administration of the state. See Louisiana Revised Statutes 39:100.42
- control: means exercising the power to make policy decisions and "operate" means being actively involved in the day-to-day management of the business. See Louisiana Revised Statutes 39:100.42
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Eligible business: means a for-profit corporation, a limited liability company, a partnership, or a sole proprietorship that meets all of the following criteria:
(a) Was domiciled in Louisiana as of March 1, 2020. See Louisiana Revised Statutes 39:100.42
- 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
- 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
- GOHSEP: shall mean the Governor's Office of Homeland Security and Emergency Preparedness. See Louisiana Revised Statutes 39:100.42
- Interruption of business: means business interruption caused by forced or voluntary closures or restricted operations, including but not limited to social distancing measures, decreased customer demand, cleaning or disinfection expenses, and providing personal protective equipment, related to COVID-19. See Louisiana Revised Statutes 39:100.42
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Louisiana taxes: means all taxes administered by the secretary of the Department of Revenue pursuant to Title 47 of the Louisiana Revised Statutes of 1950, as amended. See Louisiana Revised Statutes 39:100.42
- 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.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- 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
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Recovery program: means the Louisiana Main Street Recovery Program. See Louisiana Revised Statutes 39:100.42
- State: means the state of Louisiana. See Louisiana Revised Statutes 39:100.42
- Treasurer: means the state treasurer of Louisiana. See Louisiana Revised Statutes 39:100.42
For the purposes of this Subpart, the following terms shall have the following meanings:
(1) “Allocation fund” shall mean the Coronavirus Local Recovery Allocation Fund.
(2) “Allocation program” shall mean the Local Recovery Allocation Program administered by the commissioner of administration and GOHSEP.
(3) “CARES Act” shall mean the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136 and any guidance or regulations issued by the United States Department of the Treasury as of the date of this Act or thereafter relative to the CARES Act.
(4) “CARES fund” for the purposes of this Subpart, shall mean the monies received by the state from the federal government pursuant to the CARES Act in the amount of one billion eight hundred two million six hundred nineteen thousand three hundred forty-two dollars.
(5) “Commissioner” shall mean the commissioner of the division of administration of the state.
(6) “COVID-19” means the Coronavirus disease 2019.
(7) “Eligible business” means a for-profit corporation, a limited liability company, a partnership, or a sole proprietorship that meets all of the following criteria:
(a) Was domiciled in Louisiana as of March 1, 2020.
(b) Is in good standing with the secretary of state, if applicable.
(c) Suffered an interruption of business caused by forced or voluntary closures or restricted operations due to social distancing measures, decreased customer demand, cleaning or disinfection expenses, and providing personal protective equipment.
(d) Is at least fifty percent owned by one or more Louisiana residents, whether individual resident citizens or Louisiana domestic business entities.
(e) Filed Louisiana taxes for tax year 2018 or 2019, or, if an eligible business formed on or after January 1, 2020, intends to file Louisiana taxes for tax year 2020.
(f) Has customers or employees coming to its physical premises.
(g) Had no more than fifty full-time equivalent employees as of March 1, 2020.
(h) Is not a subsidiary of a business with more than fifty full-time equivalent employees, is not part of a larger business enterprise with more than fifty full-time equivalent employees, and is not owned by a business with more than fifty full-time equivalent employees.
(i) Does not exist for the purpose of advancing partisan political activity. Does not directly lobby federal or state officials.
(j) Does not derive income from passive investments without active participation in business operations.
(8) “Grant” means an award by the treasurer to an eligible business.
(9) “GOHSEP” shall mean the Governor’s Office of Homeland Security and Emergency Preparedness.
(10) “Interruption of business” means business interruption caused by forced or voluntary closures or restricted operations, including but not limited to social distancing measures, decreased customer demand, cleaning or disinfection expenses, and providing personal protective equipment, related to COVID-19.
(11) “Local government unit” means a parish, municipality, town, township, village or other unit of general government below the state level with parishwide jurisdiction including but not limited to sheriffs, coroners, and district attorneys. Entities which do not fit within the definition of political subdivision as used in this Subpart shall have the parish with which they are affiliated submit the application.
(12) “Louisiana taxes” means all taxes administered by the secretary of the Department of Revenue pursuant to Title 47 of the Louisiana Revised Statutes of 1950, as amended.
(13) “Minority business enterprise” means a small business organized for profit performing a commercially useful function which is at least fifty percent owed by one or more minority individuals, women, or veterans, who also control and operate the business. In addition to the requirements of this Paragraph, if more than one person owns the enterprise, at least fifty percent of the owners must be resident citizens of the State. For the purposes of this Paragraph, “control” means exercising the power to make policy decisions and “operate” means being actively involved in the day-to-day management of the business.
(14) “Recovery program” means the Louisiana Main Street Recovery Program.
(15) “State” means the state of Louisiana.
(16) “Treasurer” means the state treasurer of Louisiana.
Acts 2020, No. 311, §1, eff. June 12, 2020.