Terms Used In Louisiana Revised Statutes > Title 34 > Chapter 4 > Part I - Injury to Persons or Property

• Accumulated contributions: means the sum of all regular contributions, plus regular interest thereon, placed to the credit of the participant in the annuity savings account. See Louisiana Revised Statutes 11:951.1
• 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: means annual payments for life, payable in equal monthly installments, derived from the accumulated contributions placed to the credit of the participant in the annuity reserve account. See Louisiana Revised Statutes 11:951.1
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Cable service: means the one-way transmission to subscribers of video programming or other programming service and any subscriber interaction required for the selection or use of video programming or other programming service. See Louisiana Revised Statutes 45:1363
• Cable service provider: means any person or entity that provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of such system. See Louisiana Revised Statutes 45:1363
• Cable system: means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community but does not include the following facilities or systems:

              (a) A facility that serves only to retransmit the television signals of one or more television broadcast stations. See Louisiana Revised Statutes 45:1363

• Certificate: means the certificate of franchise authority issued by the secretary of state to a person or entity to provide cable service or video service in this state. See Louisiana Revised Statutes 45:1363
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the Emergency Response Commission appointed by the governor to implement the mandates of the Superfund Amendments and Reauthorization Act passed by the United States Congress in 1986. See Louisiana Revised Statutes 30:2363
• commission: when used in this Chapter means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:1501
• commissioners: when used in this Chapter means the commissioners of the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:1501
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 45:1601
• Department: means the Department of Public Safety and Corrections. See Louisiana Revised Statutes 30:2363
• Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:1192
• Deputy secretary: means the deputy secretary for the office of public safety services in the Department of Public Safety and Corrections. See Louisiana Revised Statutes 30:2363
• Discharge: means the placing, releasing, spilling, percolating, draining, pumping, leaking, seeping, emitting, or other escaping of pollutants into the air, waters, subsurface water, or ground as the result of a prior act or omission; or the placing of pollutants into pits, drums, barrels, or similar containers under conditions and circumstances that leaking, seeping, draining, or escaping of the pollutants can be reasonably anticipated. See Louisiana Revised Statutes 30:2004
• District: means the healthcare service district authorized in this Chapter. See Louisiana Revised Statutes 46:1192
• Environment: includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things. See Louisiana Revised Statutes 30:2363
• Facility: means the physical premises used by the owner or operator in which the hazardous materials are manufactured, used, or stored. See Louisiana Revised Statutes 30:2363
• Franchise: means an initial authorization, or renewal of an authorization, issued by a franchising authority regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction and operation of a cable system, or other wireline facilities used to distribute video programming services, in the public rights of way. See Louisiana Revised Statutes 45:1363
• Franchise authority: means any governmental entity empowered by federal, state, or local law to grant a franchise for cable service or video service. See Louisiana Revised Statutes 45:1363
• Gross revenues: means all revenues received from subscribers for the provision of cable service or video service, including franchise fees and all revenues received from non-subscribers for advertising disseminated through cable service or video service and home shopping services. See Louisiana Revised Statutes 45:1363
• Hazardous material: means any substance deemed a hazardous material or a hazardous substance and included on a list adopted by rule by the deputy secretary to include those materials deemed hazardous under the Comprehensive Environmental Response Compensation Liability Act (CERCLA), the Superfund Amendments and Reauthorization Act (SARA, Title III U. See Louisiana Revised Statutes 30:2363
• Hospitalization: means the admission into a hospital as a patient for an overnight stay or emergency treatment at a hospital to the extent that the owner or operator requested such treatment or becomes aware of such treatment within twenty-four hours of the initiation of the relevant release. See Louisiana Revised Statutes 30:2363
• Immediately: means a reasonable period of time after identifying the nature, quantity, and potential off-site impact of a release considering the exigency of the circumstances. See Louisiana Revised Statutes 30:2363
• Incumbent service provider: means any cable service provider or video service provider providing cable service or video service in a particular municipality or unincorporated area of a parish on August 15, 2008. See Louisiana Revised Statutes 45:1363
• Inventory form: means the reporting form adopted by the department, and completed by owners and operators, which contains certain requested information on hazardous materials and which is used in developing the information system mandated by this Chapter. See Louisiana Revised Statutes 30:2363
• Lending entity: means the governmental or financial entity providing financing to a water cooperative. See Louisiana Revised Statutes 45:1601
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local governing authority: means the police jury, parish council, the mayor's office of the city of New Orleans or the city-parish of East Baton Rouge or other primary governmental body of a parish. See Louisiana Revised Statutes 30:2363
• Local governmental subdivision: means any parish or municipality. See Louisiana Revised Statutes 45:1363
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner or operator: means any person, partnership, or corporation in the state including, unless otherwise stated, the state and local government, or any of its agencies, authorities, departments, bureaus, or instrumentalities engaged in business or research operations which use, manufacture, emit, or store a hazardous material in a facility. See Louisiana Revised Statutes 30:2363
• Participant: means any employee who is entitled to the beneficial provisions of this retirement system. See Louisiana Revised Statutes 11:951.1
• Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Public right of way: means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, or waterway. See Louisiana Revised Statutes 45:1363
• radio common carrier: as used in this Chapter shall not be construed to mean a company operating under the provisions of Title 45, Chapter 8, of the Louisiana Revised Statutes, and no such radio common carrier shall have any of the powers, rights or duties provided for and prescribed by said Title 45, Chapter 8. See Louisiana Revised Statutes 45:1501
• radio common carriers: when used in this Chapter includes every corporation, company, association, partnership and persons and lessees, trustees, or receivers, appointed by any court whatsoever owning, operating or managing a radio common carrier or public "for hire" radio service engaged in the business of providing a service of radio communications between mobile and base stations, between mobile and land stations, including land line telephones, between mobile stations or between land stations, but not engaged in the business of providing a public land line message telephone service or a public message telegraph service. See Louisiana Revised Statutes 45:1501
• Reasonably be expected to affect the public safety beyond the boundaries of the facility: means fire, explosion, incident, accident, or cleanup within a facility that may reasonably impact public safety beyond the facility, including but not limited to an impact of such nature as to require shelter-in-place orders, evacuations, immediate response by emergency responders, or off-site road closures. See Louisiana Revised Statutes 30:2363
• Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous material or substance. See Louisiana Revised Statutes 30:2363
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reportable release: means a release of a regulated hazardous material or substance which causes any injury requiring hospitalization or any fatality, results in a fire or explosion which could reasonably be expected to affect the public safety beyond the boundaries of the facility, or exceeds the reportable quantity when that reportable quantity, as defined pursuant to rules promulgated by the deputy secretary, could be reasonably expected to escape beyond the site of the facility. See Louisiana Revised Statutes 30:2363
• Respondent: means the person against whom an enforcement action is directed. See Louisiana Revised Statutes 30:2004
• Retail gas station: means a retail facility engaged in selling gasoline or diesel fuel primarily to the public, for use in land-based motor vehicles. See Louisiana Revised Statutes 30:2363
• Retirement: means withdrawal from active service with a retirement allowance allowable under the provisions of this Part. See Louisiana Revised Statutes 11:951.1
• Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
• 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.
• Small business: means a single business establishment employing not more than nine full-time employees and having not more than two million dollars in average annual gross receipts. See Louisiana Revised Statutes 30:2363
• Trade secret: means any confidential formula, pattern, process, device, information, or compilation of information, including chemical name or other unique identifier, that is used in an employer's business, and that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it. See Louisiana Revised Statutes 30:2363
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Venue: The geographical location in which a case is tried.
• Video programming: means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. See Louisiana Revised Statutes 45:1363
• Video service: means video programming services provided by a video service provider through wireline facilities located at least in part in the public rights of way without regard to delivery technology, including internet protocol technology. See Louisiana Revised Statutes 45:1363
• Video service provider: means any entity providing video service. See Louisiana Revised Statutes 45:1363
• Violation: means a failure to comply with the requirements of this Subtitle, the rules issued under this Subtitle, and conditions of permits under this Subtitle. See Louisiana Revised Statutes 30:2004
• Water cooperative: means any nonprofit water utility cooperative or corporation that is wholly owned by water user members and eligible to receive financing from a lending entity. See Louisiana Revised Statutes 45:1601
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.