Terms Used In Louisiana Revised Statutes > Title 23 > Chapter 11 > Part X - Alternative Collection Procedures and Assessments

• Abused parent: means the parent who has not committed family violence. See Louisiana Revised Statutes 9:362
• Administrator: means the secretary of the Louisiana Workforce Commission. See Louisiana Revised Statutes 23:1472
• Agent: means a person:

              (a) Authorized to make health care decisions on behalf of the principal by a power of attorney for health care; or

              (b) Expressly authorized to make an anatomical gift on behalf of the principal by any other record signed by the principal. See Louisiana Revised Statutes 17:2351

• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Benefits: means the money payments payable to an individual, as provided in this Chapter, with respect to his unemployment. See Louisiana Revised Statutes 23:1472
• Biosciences: means any of the branches of natural science dealing with the structure and behavior of living organisms, including but not limited to research, development, manufacture, testing, marketing and/or distribution of pharmaceuticals, biotechnology products, and medical devices that will eventually be used by healthcare providers to treat, cure, prevent, or mitigate disease or conditions. See Louisiana Revised Statutes 33:9039.65
• board of supervisors: means the governing board of the district or, if such board has been abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given to the board by this Chapter have been given by law. See Louisiana Revised Statutes 33:9039.13
• Bond: includes "certificate" and the provisions which are applicable to bonds are equally applicable to certificates. See Louisiana Revised Statutes 33:9039.13
• Bond: means the bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, certificates of participation, debentures, warrants, commercial paper, capital leases, revenue bonds, or other obligations or evidences of indebtedness authorized to be issued by the district. See Louisiana Revised Statutes 33:9039.65
• Candidate: means a person who seeks nomination or election to public office, except the office of president or vice president of the United States, presidential elector, delegate to a political party convention, United States senator, United States congressman, or political party office. See Louisiana Revised Statutes 18:1483
• Chairman: means the principal executive officer of a political committee regardless of his title. See Louisiana Revised Statutes 18:1483
• 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.
• committee: means two or more persons, other than a husband and wife, and any legal entity organized for the primary purpose of supporting or opposing one or more candidates, propositions, recalls of a public officer, or political parties, which accepts contributions in the name of the committee, or makes expenditures from committee funds or in the name of the committee, or makes a transfer of funds to or receives a transfer of funds from another committee, or receives or makes loans in an aggregate amount in excess of five hundred dollars within any calendar year. See Louisiana Revised Statutes 18:1483
• Contract: A legal written agreement that becomes binding when signed.
• Contractual relationship: includes but is not limited to land contracts, deeds, easements, leases, or other instruments transferring title or possession, unless the real property on which the facility concerned is located was acquired by the defendant after the disposal or placement of the hazardous substance on, in, or at the facility, and one or more of the circumstances described in Item (i), (ii), or (iii) is also established by the defendant by a preponderance of the evidence:

  (i)  At the time the defendant acquired the facility, the defendant did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in, or at the facility. See Louisiana Revised Statutes 30:2272

• Contributions: means the money payments to the state unemployment compensation fund, required by this Chapter. See Louisiana Revised Statutes 23:1472
• Cost: when used with reference to any project, includes but is not limited to:

  (a)  The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction. See Louisiana Revised Statutes 33:9039.13

• Court: means any district court, juvenile court, or family court having jurisdiction over the parents and/or child at issue. See Louisiana Revised Statutes 9:362
• Decedent: A deceased person.
• Decedent: means a deceased person whose body or part is or may be the source of an anatomical gift. See Louisiana Revised Statutes 17:2351
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Transportation and Development. See Louisiana Revised Statutes 34:3451
• Department: means the Department of Transportation and Development. See Louisiana Revised Statutes 34:3471
• Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
• Discharge: means discharge as defined in Louisiana Revised Statutes 30:2272
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the person who makes, amends, revokes, or refuses to make an anatomical gift, or an adult who exhibited special care and concern for the person. See Louisiana Revised Statutes 17:2351
• Disposal: means disposal as defined in Louisiana Revised Statutes 30:2272
• district: means a special district as provided in Louisiana Revised Statutes 33:9039.13
• District: means the BioDistrict New Orleans as further defined in Louisiana Revised Statutes 33:9039.65
• Docket: A log containing brief entries of court proceedings.
• Document of gift: means a donor card or other record used to make an anatomical gift. See Louisiana Revised Statutes 17:2351
• Donor: The person who makes a gift.
• Donor: means a person whose body or part is the subject of an anatomical gift. See Louisiana Revised Statutes 17:2351
• Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations thereof. See Louisiana Revised Statutes 17:2351
• Election: means any primary, general, or special election held, pursuant to the laws of this state or a parish or municipal charter or ordinance or a court order, to choose a public officer or nominee. See Louisiana Revised Statutes 18:1483
• Employer: means :

              (a) Any employing unit which in any calendar quarter in either the current or preceding calendar year paid for services in employment wages of one thousand five hundred dollars or more for some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, had in employment at least one individual regardless of whether the same individual was in employment each day. See Louisiana Revised Statutes 23:1472

• 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.
• Executor: A male person named in a will to carry out the decedent
• Facility: means facility as defined in Louisiana Revised Statutes 30:2272
• 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.
• Family violence: includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injuring and defamation, committed by one parent against the other parent or against any of the children. See Louisiana Revised Statutes 9:362
• Fiduciary: A trustee, executor, or administrator.
• 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}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• gift: means a donation of all or part of a human body to take effect after the death of the donor for the purpose of transplantation, therapy, research, or education. See Louisiana Revised Statutes 17:2351
• Governmental entity: means the state or any political subdivision and the federal government as a cost share partner. See Louisiana Revised Statutes 34:3471
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Hazardous substance: means any gaseous, liquid, or solid material which because of its quantity, concentration, or physical, chemical, or biological composition when released into the environment poses a substantial present or potential hazard to human health, the environment, or property, and which material is identified or designated as being hazardous by rules and regulations adopted and promulgated by the secretaries of the Department of Environmental Quality or of the Department of Public Safety and Corrections, regardless of whether it is intended for use, reuse, or is to be discarded. See Louisiana Revised Statutes 30:2272
• Hazardous waste: means hazardous waste as defined in Louisiana Revised Statutes 30:2272
• Hospital: means a facility licensed as a hospital under the laws of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See Louisiana Revised Statutes 17:2351
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Injunction: means a temporary restraining order or a preliminary or a permanent court ordered injunction, as defined in the Code of Civil Procedure, which prohibits the violent parent from in any way contacting the abused parent or the children except for specific purposes set forth in the injunction, which shall be limited to communications expressly dealing with the education, health, and welfare of the children, or for any other purpose expressly agreed to by the abused parent. See Louisiana Revised Statutes 9:362
• Intentional criminal violation: means conduct which establishes that a violator was in the state of mind which exists when the circumstances indicated that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. See Louisiana Revised Statutes 18:1483
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Joint committee: means the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works, functioning as a joint legislative committee. See Louisiana Revised Statutes 34:3451
• Joint committee: means the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works, functioning as a joint legislative committee. See Louisiana Revised Statutes 34:3471
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Landowner: means the owner of immovable property as it appears in the official records of the parish, including a trustee, a private corporation, and an owner of a condominium unit. See Louisiana Revised Statutes 33:9039.13
• 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}
• Minor: means a person who has not yet attained eighteen years of age. See Louisiana Revised Statutes 17:2351
• Nonparticipating party: means a person who refuses to comply with the demand of the secretary, or fails to respond to the demand, or against whom a suit has been filed by the secretary. See Louisiana Revised Statutes 30:2272
• 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.
• Office: means the office of multimodal commerce within the Department of Transportation and Development. See Louisiana Revised Statutes 34:3471
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner or operator: means any person owning or operating a facility. See Louisiana Revised Statutes 30:2272
• Part: means an organ, an eye, or tissue of a human being. See Louisiana Revised Statutes 17:2351
• Participating party: means a person who undertakes remedial action after receiving a demand from the secretary in compliance with the demand and as approved by the secretary. See Louisiana Revised Statutes 30:2272
• Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
• Person: means any individual, partnership, limited liability company or corporation, association, labor union, political committee, corporation, or other legal entity, including their subsidiaries. See Louisiana Revised Statutes 18:1483
• Person: means an individual, corporation, business trust, estate, 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 17:2351
• Physician: means a person authorized and licensed to practice medicine or osteopathy under the laws of any state. See Louisiana Revised Statutes 17:2351
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pollution source: means pollution source as defined in Louisiana Revised Statutes 30:2272
• Port authority: means the governing authority of any port area or port, harbor, and terminal district. See Louisiana Revised Statutes 34:3451
• 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}
• 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.
• Project: means any development, improvement, property, utility, facility, works, enterprise, or service hereafter undertaken or established under the provisions of this Chapter. See Louisiana Revised Statutes 33:9039.13
• Project: means a project as defined in Louisiana Revised Statutes 33:9039.65
• Prospective donor: means a person who is dead or near death and has been determined by a procurement organization to have a part that may be medically suitable for transplantation, therapy, research, or education. See Louisiana Revised Statutes 17:2351
• Public office: means any state, parish, municipal, ward, district, or other office or position that is filled by election of the voters, except those specifically excepted in Paragraph (3) of this Section. See Louisiana Revised Statutes 18:1483
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Louisiana Revised Statutes 17:2351
• Recipient: means a person into whose body a part of a decedent has been or is intended to be transplanted. See Louisiana Revised Statutes 17:2351
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Louisiana Revised Statutes 17:2351
• Refusal: means a record created pursuant to the provisions of Louisiana Revised Statutes 17:2351
• Remedial cost: means after the discharge or disposal of a hazardous substance the cost of:

  (i)  Removing, confining, or storing any hazardous substance; constructing barriers, securing the site, encapsulating in clay or other impermeable material;

  (ii)  Cleaning up a contamination, recycling, or reuse of a hazardous substance;

  (iii)  Diversion, destruction, or segregation of reactive or other wastes;

  (iv)  Dredging or excavating a site;

  (v)  Repairing or replacing leaking containers;

  (vi)  Collection of leachate and runoff;

  (vii)  Onsite treatment or incineration of a substance;

  (viii)  Provision of alternative water supplies;

  (ix)  Monitoring, testing, or analyzing;

  (x)  Employing legal, engineering, chemical, biological, architectural, or other professional consultants or personnel;

  (xi)  Investigation, initiation, or prosecution of lawsuits to final judgment;

  (xii)  Transporting and disposing of waste from the site; or

  (xiii)  Any other action the secretary deems necessary to restore the site or remove the hazardous substance. See Louisiana Revised Statutes 30:2272

• Revenue bonds: means obligations of the district which are payable from revenues derived from sources other than ad valorem taxes on immovable or movable property and which do not pledge the property, credit, or general tax revenue of the district. See Louisiana Revised Statutes 33:9039.13
• Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
• Sexual abuse: includes but is not limited to acts which are prohibited by Louisiana Revised Statutes 9:362
• State: includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. See Louisiana Revised Statutes 23:1472
• 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 17:2351
• Subpoena: A command to a witness to appear and give testimony.
• Supervised visitation: means face-to-face contact between a parent and a child which occurs in the immediate presence of a supervising person approved by the court under conditions which prevent any physical abuse, threats, intimidation, abduction, or humiliation of either the abused parent or the child. See Louisiana Revised Statutes 9:362
• Supervisory committee: means the Board of Ethics established in Louisiana Revised Statutes 18:1483
• Technician: means any individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. See Louisiana Revised Statutes 17:2351
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• 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.
• Trustee: A person or institution holding and administering property in trust.
• Venue: The geographical location in which a case is tried.
• Water management and control facilities: means any lakes, canals, ditches, reservoirs, dams, levees, floodways, pumping stations, or any other works, structures, or facilities for the conservation, control, development, utilization, and disposal of water, and any purposes incidental thereto. See Louisiana Revised Statutes 33:9039.13
• Waterway: means any navigable bayou, canal, channel, or river, or portion thereof. See Louisiana Revised Statutes 34:3471
• Waterway dredging and deepening priority program: means the priority list of projects submitted by the office and approved by the joint committee pursuant to this Chapter. See Louisiana Revised Statutes 34:3471
• Waterway project: means a program, either new or continuing, that is planned and implemented with the primary goal of dredging and deepening waterways in the state to include cost share projects with the federal government and construction and maintenance costs associated with dredging and disposing of dredged material. See Louisiana Revised Statutes 34:3471