La. Rev. Stat. § 51:2397 — LA Code / Code revised-statutes / Title 51 / Section 2397
Certain unlawful activities
Status: in_force

A.(1) As used in this Chapter, unless the context otherwise requires:

(a) "Advisor" means a person who regularly provides legal, accounting, or management services or advice to a licensee.

(b) "Associate" means, if used with respect to a licensee:

(i) A controlling person, director, manager, officer, agent, or advisor of that licensee.

(ii) A director, officer, manager, or partner of a person referred to in Item (i) of this Subparagraph.

(iii) A person who controls, is controlled by, or is under common control with a person referred to in Item (i) of this Subparagraph, directly or indirectly through one or more intermediaries.

(iv) Any close relative of any person referred to in Item (i) of this Subparagraph.

(v) A person of which a person referred to in Items (i) to (iv) of this Subparagraph is a director, manager, or officer.

(vi) A person in which a person referred to in Items (i) to (iv) of this Subparagraph, or any combination of those persons acting in concert, owns or controls, directly or indirectly, at least twenty percent or greater equity interest.

(c) "Close relative" means parent, child, sibling, spouse, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law, sister-in-law, grandparent, grandchild, nephew, niece, uncle, or aunt.

(d) "Closing services" means services performed in connection with the providing of financing assistance. "Closing services" includes but is not limited to appraising property and preparing credit reports. "Closing services" does not include a service performed after the providing of financing assistance.

(e) "Short-term financing assistance" means financing assistance with a term of not more than five years.

(2) For the purposes of Subparagraph (1)(b) of this Subsection:

(a) A person who is in a relationship referred to in that Subparagraph within six months before or after a licensee provides financing assistance shall be considered to be in that relationship as of the date that licensee provides that financing assistance.

(b) If a licensee, in order to protect its interests, designates a person to serve as a director of, manager of, officer of, or in any capacity in the management of a business firm to which that licensee provides financing assistance, that person shall not, on that account, be considered to have a relationship with that business firm. This Subparagraph does not apply if the person has, directly or indirectly, any other financial interest in the business firm or if the person, at any time before the licensee provides the financing assistance, served as a director of, manager of, officer of, or in any other capacity in the management of the business firm for a period of thirty days or more.

B. A person shall not willfully make an untrue statement of a material fact in an application or report filed with the commissioner under this Chapter, or willfully omit to state in such an application or report a material fact required to be stated in the application or report.

C. A person having custody of any of the books, accounts, or other records of a licensee shall not willfully refuse to allow the commissioner, upon request, to inspect or make copies of any of those books, accounts, or other records.

D. A person shall not, with intent to deceive a director, manager, officer, employee, auditor, or attorney of a licensee, the commissioner, or a governmental agency make a false entry in the books, accounts, or other records of that licensee, omit to make an entry in those books, accounts, or other records which that person is required to make or alter, conceal, or destroy any of those books, accounts, or other records.

E. A licensee shall not provide, directly or indirectly, financing assistance to an associate of the licensee, except with respect to guarantees and other forms of credit support provided by the licensee in connection with securing funds to be used by the licensee in providing financing assistance to business firms.

F. A licensee shall not provide, directly or indirectly, financing assistance to discharge, or to free other money for use in discharging, in whole or in part, an obligation to an associate of that licensee. This Subsection does not apply to a transaction effected by an associate of a licensee in the normal course of that associate's business involving a line of credit or short-term financing assistance.

G.(1) A licensee shall not provide, directly or indirectly, financing assistance to a business firm to which an associate of that licensee provides financing assistance, either contemporaneously with, or within one year before or after, the providing of financing assistance by the licensee, if the terms on which the licensee provides financing assistance are less favorable to the licensee than the terms on which the associate provides financing assistance to the business firm. If the financing assistance provided by the associate of the licensee is of a different kind from the financing assistance provided by the licensee, the burden shall be on the licensee to prove that the terms on which the licensee provided financing assistance provided by the associate of the licensee is of a different kind from the financing assistance provided by the licensee, and the burden shall be on the licensee to prove that the terms on which the licensee provided financing assistance were at least as favorable to the licensee as the terms on which the associate provided financing assistance to the business firm.

(2) This Subsection does not apply to any of the following:

(a) If the associate is a controlling person of the licensee and is also the only shareholder or member of the licensee.

(b) If the associate is a subsidiary of the licensee.

(c) A transaction effected by an associate of a licensee in the normal course of that associate's business involving a line of credit or short-term financing assistance.

H. An associate of a licensee shall not receive, directly or indirectly, from a person to whom that licensee provides financing assistance, compensation in connection with the providing of that financing assistance or anything of value for procuring, influencing, or attempting to procure or influence the licensee's action with respect to the providing of the financing assistance. This Subsection does not apply to the receipt of fees by an associate of licensee for bona fide closing services performed by that associate if all of the following are true:

(a) The associate, with the consent and knowledge of the person to whom the financing assistance is provided, is designated by the licensee to perform the services.

(b) The services are appropriate and necessary in the circumstances.

(c) The fees for the services are approved as reasonable by the licensee.

(d) The fees for the services are collected by the licensee on behalf of the associate.

I.(1) By such orders or rules the commissioner considers necessary and appropriate, the commissioner may exempt from Subsections E through H of this Section, either unconditionally or upon specified terms and conditions and for specified periods, a person or transaction or class of persons or transactions, if the commissioner finds that the exemption is in the public interest and that the regulation of the person, transaction, or class is not necessary for the purposes of this Chapter.

(2) In exempting a person or transaction or class of persons or transactions, the commissioner shall give consideration, as considered appropriate by the commissioner, to conflict of interest provisions of federal law or regulations that may be applicable to that person or transaction governing participants in federal financing programs.

J.(1) A person who knowingly commits an act which act violates this Section shall be fined not more than ten thousand dollars or shall be imprisoned for not more than one year, or both.

(2) This Subsection does not apply to an act committed or omitted in good faith in conformity with an order, rule, declaratory ruling, or written interpretative opinion of the commissioner, notwithstanding that the order, rule, declaratory ruling, or written interpretative opinion is later amended, rescinded, or repealed, or determined by judicial or other authority to be invalid for any reason.

(3) Nothing in this Chapter limits the power of the state to punish a person for an act which constitutes a crime under any statute.

Acts 1991, No. 506, §1; Acts 2004, No. 806, §1.
La. Rev. Stat. § 51:522 — LA Code / Code revised-statutes / Title 51 / Section 522
Unlawful acts; false or misleading advertising or practices; secret gifts; inaccurate bills; lotteries; demonstrators
Status: in_force

No drug retailer shall use advertising or selling methods which refer inaccurately in any material particular to any competitor or his merchandise, prices, values, credit terms, policies or services, nor use selling methods which tend to deceive or mislead the customer, nor use advertising which lays claim to a policy or a continuing practice of generally underselling competitors.

No drug retailer shall give secretly anything of value to a customer or to the employee or agent of a customer for the purpose of influencing a sale or, in furtherance of a sale, render a bill or statement of account to the employee, agent or customer which is inaccurate in any material particular; nor sell or offer for sale any merchandise at less than cost or upon a condition which involves a lottery, gamble, or other element of chance; nor permit any demonstrator or sales employee whose salary is wholly or partially paid by a manufacturer or distributor to work in his establishment, unless the demonstrator or sales employee is clearly and openly identified as the agent of the manufacturer or distributor.
La. Rev. Stat. § 51:3251 — LA Code / Code revised-statutes / Title 51 / Section 3251
Advertisements; unfair or deceptive acts or practices
Status: in_force

A. For the purposes of this Section, the following terms apply:

(1) "Advertisement" means any communication through a media entity for mass distribution of information.

(2) "Media entity" means a radio broadcast station, television broadcast station, cable television company, newspaper company, periodical company, billboard company, advertisement agency, media platform, or bona fide news or public interest website operator.

B. An advertisement shall not be deceptive or misleading and shall not do any of the following:

(1)(a) Be presented as a medical alert, health alert, drug alert, public service announcement, or a substantially similar phrase that suggests to a reasonable viewer that the advertisement is offering professional, medical, or government agency advice about any medication or medical device.

(b) The provisions of this Paragraph shall not apply to an advertisement that offers professional, medical, or government agency advice about any medication or medical device if the person responsible for the advertisement is authorized by law to offer the advice in an advertisement.

(2) Display the logo of a federal or state government agency in a manner that suggests to a reasonable viewer that the advertisement is presented by a federal or state government agency or by an entity approved by or affiliated with a federal or state government agency.

(3) Use the term "recall" when referring to a product that has not been recalled in accordance with an applicable state or federal regulation.

C.(1) An advertisement that references a prescription drug or medical device approved by the United States Food and Drug Administration shall state both of the following:

(a) The identity of the sponsor of the advertisement.

(b) That the drug or medical device is approved by the United States Food and Drug Administration, unless the drug or medical device has been recalled in accordance with an applicable state or federal regulation.

(2) An advertisement referencing a prescription drug approved by the United States Food and Drug Administration shall include the following statement or a substantially similar statement: "Consult your physician before making decisions regarding prescribed medication or medical treatment."

D. The statements required to appear in an advertisement pursuant to this Section shall be made in written and verbal formats, except as follows:

(1) If the statements appear in an advertisement that is in print format only, including but not limited to a newspaper or other periodical advertisement, the statements shall be in writing.

(2) If the statements appear in an advertisement that is in audible format only, including but not limited to a radio advertisement, the statements shall be made verbally.

E.(1)(a) A written statement to appear in an advertisement pursuant to this Section shall be presented clearly, conspicuously, and for a sufficient length of time for a reasonable viewer to see and read the statement.

(b) A court may determine that a written statement in an advertisement is in compliance with the provisions of this Section if the statement is printed in the same size and style of font and for the same duration as other printed information in the advertisement.

(2)(a) A verbal statement required to appear in an advertisement pursuant to this Section shall be audible, intelligible, and presented with equal prominence as the other parts of the advertisement.

(b) A court may determine that a verbal statement in an advertisement is in compliance with the provisions of this Section if the statement is made at approximately the same volume and uses approximately the same number of words per minute as the voice-over of longest duration in the advertisement other than the information required by this Section.

F. A violation of this Section shall be a deceptive and unfair trade practice and shall subject the violator to all penalties provided for in the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq.

G.(1) The provisions of this Section shall not apply to any media entity responsible for the production or publication of any advertisement found to be in violation of this Section.

(2) The carriage, distribution, transmission, or display of any advertisement by a media entity shall not be considered a violation of this Section.

H. The provisions of this Chapter shall not apply to any member of a profession if the regulation of that profession has been granted to a governmental entity pursuant to Article V, Section 5 of the Constitution of Louisiana.

Acts 2022, No. 700, §1.
La. Rev. Stat. § 51:1101 — LA Code / Code revised-statutes / Title 51 / Section 1101
Definitions
Status: in_force

As used in this Chapter, the following words and phrases, unless the text otherwise clearly indicates, shall have the following meanings:

(1) "Corporation" means a Louisiana business development corporation created under this Chapter.

(2) "Persons" includes individuals, firms, partnerships, corporations, trusts, associations and insurance companies.

(3) "Business" includes any commercial type activity whether conducted by an individual, firm, partnership, corporation, association or insurance company, provided such commercial type activity is located and doing business within the state of Louisiana.

Acts 1962, No. 434, §1.
La. Rev. Stat. § 51:2389 — LA Code / Code revised-statutes / Title 51 / Section 2389
Regulation, reporting, and examination
Status: in_force

A.(1) The commissioner shall administer this Chapter. The commissioner may issue orders and promulgate rules and regulations that, in the opinion of the commissioner, are necessary to execute, enforce, and effectuate the purposes of this Chapter. Any rules and regulations promulgated shall be promulgated in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.

(2) Whenever the commissioner issues an order or license under this Chapter, the commissioner may impose conditions that are necessary, in the opinion of the commissioner, to carry out the provisions of this Chapter and its purposes.

(3) The commissioner may honor applications from interested persons for declaratory rulings regarding any provision of this Chapter.

(4) Every final order, decision, license, or other official act of the commissioner under this Chapter is subject to judicial review in accordance with law.

B. An application filed with the commissioner under this Chapter shall be in such form and contain such information as the commissioner may require by regulation.

C.(1) The commissioner may make public or private investigations within or outside this state that the commissioner considers necessary to determine whether to approve an application filed with the commissioner under this Chapter, to determine whether a person has violated or is about to violate this Chapter, to aid in the enforcement of this Chapter, or to aid in issuing an order or promulgating a rule under this Chapter.

(2) For purposes of an investigation, examination, or other proceeding under this Chapter, the commissioner may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of books, papers, correspondence, memoranda, agreements, or other documents or records which the commissioner considers relevant or material to the proceeding.

(3) If a person fails to comply with a subpoena issued by the commissioner or to testify with respect to a matter concerning which the person may lawfully be questioned, the district court for the parish of East Baton Rouge, on application of the commissioner, may issue an order requiring the attendance of the person and the giving of testimony or production of evidence.

D. Service of process authorized to be made by the commissioner in connection with a noncriminal proceeding under this Chapter may be made by registered or certified mail.

E.(1) A fee shall be paid to, and collected by, the commissioner, as follows:

(a) The fee for filing an application for a license is five thousand dollars.

(b) The fee for filing an application for approval to acquire control of a licensee is five thousand dollars.

(c) The fee for filing an application for approval for a licensee to merge with another corporation or limited liability company, an application for approval for a licensee to purchase all or substantially all of the business of another person, or an application for approval for a licensee to sell all or substantially all of its business or of the business of any of its officers to another licensee is five thousand dollars. If two or more applications relating to the same merger, purchase, or sale are filed, the fee for filing each application shall be the quotient determined by dividing five thousand dollars by the number of the applications.

(d) Whenever the commissioner examines a licensee or a subsidiary of a licensee, within ten days after receiving a statement from the commissioner, the licensee shall pay a fee established by the commissioner based on the number of examiner hours used for the examination, plus travel expenses. Examiner time shall be billed at a rate not less than fifty dollars per hour or five hundred dollars, whichever is greater.

(2) A fee for filing an application with the commissioner is nonrefundable and shall be paid at the time the application is filed with the commissioner.

F.(1) A licensee shall make and keep books, accounts, and other records in such a form and manner as the commissioner may require. These records shall be kept in Louisiana at such a place and shall be preserved for such a length of time as the commissioner may specify.

(2) The commissioner may require by order that a licensee write down any asset on its books and records to a valuation which represents its present value.

(3) Not more than one hundred twenty days after the close of each calendar year, or longer period if specified by the commissioner, a licensee shall file with the commissioner an audit report containing all of the following:

(a) Financial statement, including balance sheet, statement of income or loss, statement of changes in capital accounts, and statement of changes in financial position or, for a licensee that is a Louisiana nonprofit corporation, comparable financial statements for, or as of the end of, the calendar year, prepared with an audit by an independent certified public accountant in accordance with generally accepted accounting principles.

(b) Other reasonable information that the commissioner may require.

G.(1) If a person other than a licensee makes or keeps the books, accounts, or other records of that licensee, this Chapter applies to that person with respect to the performance of those services and with respect to those books, accounts, and other records to the same extent as if that person were the licensee.

(2) If a person other than an affiliate or subsidiary of a licensee makes or keeps any of the books, accounts, or other records of that affiliate or subsidiary, this Chapter applies to that person with respect to those books, accounts, and other records to the same extent as if that person were the affiliate or subsidiary.

(3) If the commissioner considers it expedient, the commissioner may require any particular licensee to obtain the approval of the commissioner before permitting another person to make or keep any of the books, accounts, or other records of the licensee.

(4) All of the books, accounts, or other records of the licensee shall be made available to the commissioner upon request and shall be maintained at the principal corporate offices of the licensee at all times.

(5) All of the records and reports provided to the office of financial institutions shall be kept strictly confidential within the office. All such records and reports shall not be subject to subpoena or other legal process, except as set forth in R.S. 9:3518.1. The provisions of R.S. 9:3518.1 shall also apply to any request by a third party for any record in the custody or control of the office of financial institutions relating to the supervision and regulation of any entity licensed by the office of financial institutions pursuant to this Chapter.

H. If the licensee elects to provide financing assistance outside of this state, then beginning October 1, 2004, and each quarter thereafter, the licensee shall report to the commissioner a listing of all financing assistance provided to business firms that the licensee made during the previous calendar quarter. Such report shall segregate all investments made outside of this state and include but not be limited to the following:

(1) The legal name and address of the company receiving the investment.

(2) A brief description of the nature of the business.

(3) The NAICS code for the investment.

(4) The date and amount of the investment.

(5) The percent guaranteed, the guaranteed amount, and from whom the guarantee was received.

(6) Whether the investment was a participation purchased or sold, and whom it was purchased from or sold to.

Acts 1991, No. 506, §1; Acts 1997, No. 366, §5; Acts 2004, No. 806, §1.
La. Rev. Stat. § 51:2396 — LA Code / Code revised-statutes / Title 51 / Section 2396
Enforcement
Status: in_force

A. If in the opinion of the commissioner, a person violates or there is reasonable cause to believe that a person is about to violate any provision of this Chapter, the commissioner may bring an action in the name of the people of this state in a district court in the parish of domicile of the violator to enjoin the violation or to enforce compliance with this Chapter. Upon a proper showing, a restraining order, preliminary or permanent injunction, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. The court shall not require the commissioner to post a bond in an action brought under the provisions of this Chapter.

B.(1) If the commissioner finds that a person has violated or that there is reasonable cause to believe that a person is about to violate any provision of this Chapter, the commissioner may order the person to cease and desist from the violation.

(2) Within thirty days after an order is issued under Paragraph (1), the person to whom the order is directed may file with the commissioner an application for a hearing on the order. If the commissioner fails to commence a hearing within fifteen business days after that application is filed or within a longer period to which the person consents, the order shall be considered rescinded. Upon the hearing, the commissioner shall affirm, modify, or rescind the order. The right of a person to whom an order is issued under Paragraph (1) to petition for judicial review of the order is not affected by the failure of the person to apply to the commissioner for a hearing on the order issued under this Paragraph.

C.(1) If, after notice and a hearing, the commissioner determines that a licensee or a subject person of a licensee has violated or is violating, or that there is reasonable cause to believe that a licensee or subject licensee has engaged or participated or is engaging or participating, or that there is a reasonable cause to believe that a licensee or subject person of a licensee is about to engage or participate, in an unsafe or unsound act with respect to the business of that licensee, the commissioner may order that licensee or subject person to cease and desist from the action or violation. The order may require the licensee or subject person to take affirmative action to correct any condition resulting from the action or violation.

(2) If the commissioner determines that any of the factors set forth in Paragraph (1) are true with respect to a licensee or subject person of a licensee and that the action or violation is likely to cause the insolvency of or substantial dissipation of the assets or earnings of the licensee is likely to seriously weaken the condition of the licensee, or is likely to otherwise seriously prejudice the interests of the licensee before the completion of the proceedings conducted under Paragraph (1), the commissioner may order the licensee or subject person to cease and desist from that action or violation. The order may require the licensee or subject person to take affirmative action to correct any condition resulting from the action or violation.

(3) Within thirty days after an order is issued under Paragraph (2), the licensee or subject person of a licensee to whom the order is directed may file with the commissioner an application for a hearing on the order. If the commissioner fails to commence a hearing within fifteen business days after the application is filed or within a longer period to which the licensee or subject person consents, the order shall be considered rescinded. Upon the hearing, the commissioner shall affirm, modify, or rescind the order. The right of a licensee or subject person to whom an order is issued under Paragraph (2) to petition for judicial review of the order is not affected by the failure of the licensee or subject person to apply to the commissioner for a hearing on the order issued under this Subsection.

D.(1) The commissioner may issue an order removing a subject person of a licensee from his or her office, if any, with the licensee and prohibiting the subject person from further participating in any manner in the conduct of the business of the licensee, if, after notice and a hearing, the commissioner determines all of the following are true:

(a) The subject person has violated a provision of this Chapter or another applicable law, the subject person has engaged or participated in an unsafe or unsound act with respect to the business of the licensee, or the subject person has engaged or participated in an act with respect to the business of the licensee, or the subject person has engaged or participated in an act which constitutes a breach of the subject person's fiduciary duty.

(b) The act, violation, or breach of fiduciary duty has caused or is likely to cause substantial financial loss or other damage to the licensee or has seriously prejudiced or is likely to seriously prejudice the interests of the licensee, or the subject person has received financial gain by reason of the act, violation, or breach of fiduciary duty.

(c) The act, violation, or breach of fiduciary duty either involves dishonesty on the part of the subject person or demonstrates the subject person's gross negligence with respect to the business of the licensee or a willful disregard for the safety and soundness of the licensee.

(2) The commissioner may issue an order removing the subject person from his or her office with the licensee, if any, and prohibiting the subject person from further participating in any manner in the conduct of the business of the licensee, except with the prior consent of the commissioner, if after notice and a hearing, the commissioner determines that, by engaging or participating in an act with respect to a financial or other business institution which resulted in substantial financial loss or other damage, the subject person of the licensee has demonstrated both of the following:

(a) Dishonesty or willful or continuing disregard of the safety and soundness of the financial or other business institutions.

(b) Unfitness to continue as a subject person of the licensee or to participate in conducting the business of the licensee.

(3) If the commissioner determines that the factors set forth in Paragraph (1) or (2) are true with respect to a subject person of a licensee, and that it is necessary for the protection of the interests of the licensee or for the protection of the public interest that the commissioner immediately suspend the subject person from his or her office, if any, with the licensee and prohibit the subject person from further participating in any manner in conducting the business of the licensee, the commissioner may issue an order suspending the subject person from his or her office, if any, with the licensee and prohibiting the subject person from further participating in any manner in conducting the business of the licensee, except with the consent of the commissioner.

(4) Within thirty days after an order is issued under Paragraph (3), the subject person of a licensee to whom the order is directed may file with the commissioner an application for a hearing on the order. If the commissioner fails to begin a hearing within fifteen business days after the application is filed or within a longer period to which the subject person consents, the order shall be considered rescinded. Upon the hearing, the commissioner shall affirm, modify, or rescind the order. The right of a subject person of a licensee to whom an order is issued under Paragraph (3) to petition for judicial review of an order shall not be affected by the failure of the subject person to apply to the commissioner for a hearing on the order issued under this Paragraph.

(5) A person to whom an order is issued under this Section may apply to the commissioner to modify or rescind the order. The commissioner shall not modify or rescind the order unless the commissioner determines that it is in the public interest to do so and that it is reasonable to believe that the person, if and when he or she becomes a subject person of a licensee, will comply with this Chapter.

(6) As used in this Subsection, "office", if used with respect to a licensee, means the position of director, officer, manager, or employee of the licensee or of a subsidiary of the licensee.

E.(1) If the commissioner determines that a subject person of a licensee has been indicted by a grand jury or has been bound over for trial by a court for a crime involving dishonesty or breach of trust, and that the fact that the person continues to be a subject person of the licensee may threaten the interests of the licensee or may threaten to impair public confidence in the licensee, the commissioner may issue an order suspending the subject person from his or her office, if any, with the licensee and prohibiting the subject person from further participating in any manner in the conduct of the business of the licensee, except with the consent of the commissioner.

(2) If the commissioner determines that a subject person or former subject person of a licensee to whom an order was issued under Paragraph (1), or another subject person of a licensee, has been convicted of a crime which is punishable by imprisonment for a term of not less than one year and which involves dishonesty or breach of trust, and that the fact that the person continues to be or will resume to be a subject person of the licensee may threaten the interests of the licensee or may threaten to impair public confidence in the licensee, the commissioner may issue an order suspending or removing the subject person or former subject person from his or her office, if any, with the licensee and prohibiting the subject person from further participating in any manner in the conduct of the business of the licensee, except with the prior consent of the commissioner.

(3) Within thirty days after an order is issued under Paragraph (1) or (2), the subject person of a licensee to whom the order is directed may file with the commissioner an application for a hearing on the order. If the commissioner fails to commence a hearing within fifteen business days after the application is filed or within a longer period to which the subject person consents, the order shall be considered rescinded. Upon the hearing, the commissioner shall affirm, modify, or rescind the order. The right of a subject person or former subject person of a licensee to whom an order is issued under Paragraph (1) or (2) to petition for judicial review of the order is not affected by the failure of the person to apply to the commissioner for a hearing on the order issued under this Paragraph.

(4) The fact that a subject person of a licensee charged with a crime involving dishonesty or breach of trust is not convicted of the crime shall not preclude the commissioner from issuing an order to the subject person under any other provision of this Chapter.

(5) A person to whom an order is issued under this Section may apply to the commissioner to modify or rescind the order. The commissioner shall not modify or rescind the order unless the commissioner determines that it is in the public interest to do so and that it is reasonable to believe that the person, if and when he or she becomes a subject person of a licensee, will comply with the provisions of this Chapter.

F.(1) If the commissioner considers it expedient, he may call a meeting of the board of directors or managers of a licensee by giving notice of the time, place, and purpose of the meeting not less than five days before the meeting to each director or manager either by personal service or by registered or certified mail sent to the director's or manager's last known address as shown in the records of the commissioner.

(2) If the commissioner considers it expedient, the commissioner may call a meeting of the shareholders or members of a licensee by giving notice of the time, place, and purpose of the meeting not less than five days before the meeting to each shareholder or member either by personal service or by registered or certified mail sent to the shareholder's or member's last known address as shown by the books of the licensee. The licensee shall pay the expenses of the notice and of a meeting called under this Paragraph.

G.(1) The commissioner may issue an order directing a licensee to refrain from providing any additional financing assistance to business firms if, in the opinion of the commissioner, the order is necessary to protect the interests of the licensee or the public interest, and if, after notice and a hearing, the commissioner determines that any of the following are true:

(a) The licensee or a controlling person, subsidiary, or affiliate of the licensee has violated any provision of this Chapter or another applicable law.

(b) The licensee is conducting its business in an unsafe and unsound manner.

(c) The licensee is in a condition that makes it unsafe or unsound for the licensee to transact business.

(d) The licensee has ceased to transact business as a business and industrial development company.

(e) The licensee is insolvent.

(f) The licensee has suspended payment of its obligations, has made an assignment for the benefit of its creditors, or has admitted in writing its inability to pay its debts as they become due.

(g) The licensee has applied for an adjudication of bankruptcy, reorganization, arrangement, or other relief under a bankruptcy, reorganization, insolvency, or moratorium law, or that a person has applied for such relief under such a law against a licensee and the licensee has by any affirmative act approved of or consented to the action or such relief has been granted.

(h) A fact or condition exists which would have been grounds for denying the application if the fact or condition had existed at the time the licensee applied for its license.

(2) If the commissioner determines that any of the factors set forth in Paragraph (1) are true with respect to a licensee and that it is necessary for the protection of the interest of the licensee or the public interest that the commissioner immediately issue an order directing the licensee to refrain from providing any additional financing assistance to business firms, the commissioner may issue such an order without a hearing. Within thirty days after an order is issued under this Subsection, the licensee to whom the order is directed may file with the commissioner a request for a hearing on the order. If the commissioner fails to commence a hearing within fifteen business days after the request is filed or within a longer period to which the licensee consents, that order shall be considered rescinded. Upon the hearing, the commissioner shall affirm, modify, or rescind the order.

(3) With the consent of the commissioner, a licensee which has been the subject of an order under Paragraph (1) or (2) may resume providing financing assistance to business firms under such conditions as the commissioner may prescribe.

(4) A person to whom an order is issued under Paragraph (1) or (2) may apply to the commissioner to modify or rescind the order. The commissioner shall not grant the application unless the commissioner determines that it is in the public interest to do so and that it is reasonable to believe that the person, if and when the order is modified or rescinded, will comply with this Chapter.

H.(1) If the commissioner finds that any of the factors set forth in Paragraph (G)(1) of this Section are true with respect to a licensee and that it is necessary for the protection of the interests of the licensee or for the protection of the public interest that the commissioner take immediate possession of the property and business of the licensee, the commissioner may appoint a conservator for the licensee. The commissioner may appoint as conservator one of the employees of the office of financial institutions or some other competent and disinterested person. The office of financial institutions shall be reimbursed out of the assets of the conservatorship for all sums expended in connection with the conservatorship as expenses. Upon the approval of the commissioner, the expenses of the conservatorship shall be paid out of the assets of the licensee. The expenses shall be a first charge upon the assets and shall be fully paid before any final distribution is made.

(2) Under the direction of the commissioner, the conservator shall take possession of the books, records, and assets of the licensee and shall take such action with respect to employees, agents, or representatives of the licensee or any other action as may be necessary to conserve the assets of the licensee or ensure payment of obligations of the licensee pending further disposition of its business as provided by law. At any appropriate time, the commissioner may terminate the conservatorship and permit the licensee to resume the transaction of its business subject to the terms, conditions, restrictions, and limitations the commissioner may prescribe.

(3) If in the opinion of the commissioner it is appropriate that the licensee be liquidated, the commissioner may apply to the district court for the parish in which the principal office of the licensee is located for the appointment of a receiver for the licensee, if the commissioner determines that any of the following are true:

(a) The licensee is insolvent.

(b) The licensee has suspended payment of its obligations, has made an assignment for the benefit of its creditors, or has admitted in writing its inability to pay its debts as they become due.

(c) The licensee has applied for an adjudication of bankruptcy, reorganization, arrangement, or other relief under a bankruptcy, reorganization, insolvency, or moratorium law.

(d) A person has applied for the relief described under Subparagraph (c) against any licensee and that licensee has by an affirmative act approved or consented to the action or the relief has been granted.

(e) The licensee is in a condition that makes it unsafe or unsound for the licensee to transact business.

(4) If a receiver is appointed under Paragraph (3), the receiver shall liquidate the property and business of the licensee in the manner provided for in R.S. 12:143 et seq.

I.(1) If, after notice and a hearing, the commissioner finds that a person has violated this Chapter, the commissioner may order that person to pay to the commissioner a civil penalty in the amount the commissioner specifies. However, the amount of the civil penalty shall not exceed one thousand dollars for each violation, or in the case of a continuing violation, one thousand dollars for each day for which the violation continues.

(2) This Section does not apply to any act committed or omitted in good faith in conformity with an order, rule, declaratory ruling, or written interpretative opinion of the commissioner, notwithstanding that the order, rule, declaratory ruling, or written interpretative opinion is later amended, rescinded, or repealed, or determined by judicial or other authority to be invalid for any reason.

(3) The provisions of Paragraph (1) are additional to, and not alternative to, other provisions of this Chapter which authorize the commissioner to issue orders or to take other action on account of a violation of this Chapter. A person who is convicted under R.S. 51:2397(J) on account of a violation of R.S. 51:2397 shall not be liable to pay a civil penalty under Paragraph (1) on account of that violation. A person who pays a civil penalty under Paragraph (1) on account of a violation of R.S. 51:2397 shall not be liable to prosecution under R.S. 51:2397(J) on account of that violation.

Acts 1991, No. 506, §1; Acts 2004, No. 806, §1.
La. Rev. Stat. § 51:913.1 — LA Code / Code revised-statutes / Title 51 / Section 913.1
Dealers
Status: in_force

A person whose primary business is the sale and purchase of the equipment defined in R.S. 51:913 shall maintain a copy of each purchase and each sale receipt or invoice and shall make them available in an easily retrievable form for inspection by any law enforcement officer.

Added by Acts 1982, No. 549, §1.
La. Rev. Stat. § 51:1909.11 — LA Code / Code revised-statutes / Title 51 / Section 1909.11
Charitable organizations; requirements
Status: in_force

A. Absent the showing of a compelling state interest, no state agency or state official shall impose any additional annual filing or reporting requirements by rule or policy on a charitable organization that are more restrictive than the specific requirements for charitable organizations under federal or state law.

B. Notwithstanding any other provisions of law to the contrary, any such filing or reporting requirement that is more restrictive may be reviewed by the Senate Committee on Commerce, Consumer Protection and International Affairs and the House Committee on Commerce.

C. The provisions of Subsection A of this Section shall not apply to the state's direct spending programs including state grants and state contracts, nor to fraud investigations, and shall not restrict enforcement actions against a specific nonprofit organization.

D. For the purposes of this Chapter, "charitable organization" means a person who is or holds himself out to be a benevolent, civic, recreational, educational, voluntary, health, law enforcement, social service, philanthropic, fraternal, humane, patriotic, religious, or eleemosynary organization.

Acts 2022, No. 262, §1, eff. June 3, 2022.
La. Rev. Stat. § 51:1941 — LA Code / Code revised-statutes / Title 51 / Section 1941
Definitions
Status: in_force

The following definitions apply when used in this Chapter:

(1) "Collateral costs" means sales tax, license fees, and registration fees and any similar governmental charges.

(2) "Consumer" means:

(a) The purchaser, other than for purposes of resale, of a new motor vehicle normally used for personal, family, or household purposes and subject to a manufacturer's express warranty.

(b) A person, other than for purposes of resale, to whom a motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle.

(c) A person to whom a motor vehicle is leased.

(d) Any other person entitled to enforce the warranty.

(3) "Dealer" means a person authorized by the manufacturer and actively engaged in the business of buying, selling, or exchanging new automobiles, new personal watercraft, or new all-terrain vehicles at retail and who has an established place of business.

(4) "Manufacturer" means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motor vehicles.

(5) "Manufacturer's express warranty" and "warranty" mean the written warranty of the manufacturer of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of an obligation under that warranty.

(6) "Motor vehicle" means a passenger motor vehicle or a passenger and commercial motor vehicle as defined in R.S. 32:1252, sold in this state on or after September 1, 1984. "Motor vehicle" shall include a personal watercraft as defined in R.S. 34:855.2 and an all-terrain vehicle as defined in R.S. 32:1252, sold in this state or still under warranty on or after August 15, 1999, which is used exclusively for personal and not commercial purposes. For the purposes of this Chapter, the following motor vehicles are excluded:

(a) Motor vehicles 10,000 GVW or above.

(b) Motor vehicles used exclusively for commercial purposes.

(7) "Nonconformity" means any specific or generic defect or malfunction, or any defect or condition which substantially impairs the use, market value or both of a motor vehicle.

Acts 1984, No. 228, §1; Acts 1986, No. 553, §1; Acts 1999, No. 933, §1; Acts 1999, No. 1048, §1, eff. July 9, 1999; Acts 2021, No. 220, §2.
La. Rev. Stat. § 51:1365 — LA Code / Code revised-statutes / Title 51 / Section 1365
Termination
Status: in_force

The provisions of this Chapter shall terminate at twelve o'clock midnight on June 30, 2028, and shall thereafter have no effect.

Acts 2020, 2nd Ex. Sess., No. 24, §3, see Act; Acts 2022, No. 760, §1, eff. June 18, 2022.
La. Rev. Stat. § 51:1417 — LA Code / Code revised-statutes / Title 51 / Section 1417
Duties of district attorneys
Status: in_force

District attorneys and their assistants under the supervision of the attorney general may institute and prosecute actions hereunder in the same manner as provided for the attorney general. In such cases, full reports shall be made to the attorney general, including final disposition of the matter.

Added by Acts 1972, No. 759, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
La. Rev. Stat. § 51:472 — LA Code / Code revised-statutes / Title 51 / Section 472
Penalty
Status: in_force

A. Whoever violates R.S. 51:471 shall be fined not more than five hundred dollars for each offense, or imprisoned for not more than ten days, or both.

B. If no station or store of stock is established within sixty days after the first sale as provided in R.S. 51:471 and any sale is made thereafter the penalty shall be not less than five hundred dollars nor more than one thousand dollars, or imprisonment for not more than thirty days, or both. In addition, the commissioner of agriculture and forestry shall publish notice of failure and delinquency at the expense of his department in journals within the state, or by any other method he may select.

Acts 2009, No. 24, §5, eff. June 12, 2009.
La. Rev. Stat. § 51:1606 — LA Code / Code revised-statutes / Title 51 / Section 1606
Enforcement
Status: in_force

In addition to all of the other rights, powers, and authorities granted to the secretary hereunder, if the secretary has reasonable cause to believe that there exists a violation of this Chapter or of the rules and regulations issued pursuant to this Chapter, the secretary may petition a court of proper jurisdiction in the parish of East Baton Rouge for mandatory injunctive relief to insure compliance with this Chapter.

Added by Acts 1979, No. 605, §1.
La. Rev. Stat. § 51:2603 — LA Code / Code revised-statutes / Title 51 / Section 2603
Definitions
Status: in_force

As used in this Chapter:

(1) "Aggrieved person" includes any person who:

(a) Claims to have been injured by a discriminatory housing practice; or

(b) Believes that he will be injured by a discriminatory housing practice that is about to occur.

(2) "Complainant" means that person who files a complaint pursuant to R.S. 51:2611.

(3) "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the attorney general or his designee.

(4) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.

(5)(a) "Disability" means, with respect to a person:

(i) A physical or mental impairment which substantially limits one or more of such person's major life activities.

(ii) A record of having such an impairment; or

(iii) Being regarded as having such an impairment,

(b) Such term does not include current, illegal use of, or addiction to a controlled substance as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802.

(6) "Discriminatory housing practice" means an act that is unlawful pursuant to R.S. 51:2606 through 2609.

(7) "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon at any such building, structure, or portion thereof.

(8)(a) "Familial status" means one or more individuals, who have not attained the age of eighteen years, being domiciled with:

(i) A parent or another person having legal custody of such individual or individuals; or

(ii) The designee of such parent or other person having such custody, with the written permission of such parent or other person.

(b) The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years.

(9) "Family" includes a single individual.

(10) "Military status" means status as:

(a) A member of the uniformed forces, as defined in 10 U.S.C. 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. 10101.

(b) A dependent as defined in 50 U.S.C. 3911(4) except that the support provided by the service member to the individual shall have been provided one hundred eighty days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this Section instead of one hundred eighty days immediately preceding an application for relief under 50 U.S.C. Chapter 50.

(11) "Natural, protective, or cultural hairstyle" shall include but is not limited to afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance.

(12) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.

(13) "Respondent" means the person or other entity accused in a complaint of a discriminatory housing practice, or, any other person or entity identified in the course of an investigation and notified that they are a respondent who shall be joined in the complaint.

(14) "To rent" includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises owned by the occupant.

Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1992, No. 569, §1; Acts 2014, No. 811, §28, eff. July 23, 2014; Acts 2022, No. 529, §3; Acts 2025, No. 100, §4.
La. Rev. Stat. § 51:913 — LA Code / Code revised-statutes / Title 51 / Section 913
Oil field equipment sales documentation
Status: in_force

Any person who purchases machinery or other equipment or processed materials necessary for or incidental to, or for the purpose of drilling, producing, or maintaining oil or gas wells, including but not limited to holding tanks, transmission lines, and metering and safety equipment with a value of five hundred dollars or more per item, shall retain an invoice or receipt documenting such purchase which shall include the following information:

(1) The name and address of the buyer, as well as the name of the purchasing agent if the particular machinery, equipment, or materials were ordered by a person designated as a purchasing agent.

(2) The name and address of the seller.

(3) If the seller is a company, the name, address, driver's license number, and social security number of the person representing the company in the sale.

(4) The date and place of the sale.

(5) An identification of each item purchased and its identification number or marking, if such number or marking exists; provided that, if the machinery, equipment, or materials are intended to be used as a unit, then only the identification number or marking of the unit or principal part thereof shall be recorded.

Added by Acts 1982, No. 549, §1; Acts 2005, No. 423, §1.
La. Rev. Stat. § 51:650 — LA Code / Code revised-statutes / Title 51 / Section 650
Definitions
Status: in_force

As used in this Part, the following terms have the meanings ascribed to them in this Section unless the context clearly indicates otherwise:

(1) "1.3G Fireworks" is a United States Department of Transportation (hereinafter referred to in this Section as "DOT") classification indicating display fireworks to be used by professionals in a public display.

(2) "1.4G Fireworks" means consumer fireworks intended for use by the general public.

(3) "Aerial luminary" means an airborne paper or membrane lantern containing a small candle, or other device for fuel, that heats air from inside the lantern causing the lantern to rise into the air and remain airborne until the candle or other fuel device extinguishes or is caused to descend by environmental effects. These items are commonly known as sky lanterns, Hawaii lanterns, Kongming lanterns, Chinese lanterns, fire balloons, or flying luminaries.

(4) "Articles pyrotechnic" means a controlled pyrotechnic device intended for professional use to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects that may be similar to consumer fireworks in chemical composition and construction but are not approved for consumer use. Such articles comply with the weight limits for consumer fireworks, but are not labeled as such, and are classified by DOT in 49 CFR 172.101 as UN0431 or UN0432.

(5) "Assembler" means any person engaged in the making of fireworks from component parts.

(6) "Class C Public Display" means the outdoor display of only 1.4G and consumer fireworks for any purpose relating to the amusement of the general public sanctioned or made by a public entity.

(7) "Consumer fireworks" are small fireworks usually sold at retail to consumers during designated periods. These include a number of small devices designed to produce audible effects, ground devices containing fifty milligrams (50 mg) or less of flash powder, and aerial devices containing one hundred thirty milligrams (130 mg) or less of flash powder. The DOT classifies consumer fireworks in 49 CFR 172.101 as UN0336 and UN0337.

(8)(a) "Display fireworks" are large fireworks used in commercial display shows under the direct supervision of a licensed pyrotechnic operator. These fireworks are designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. They include but are not limited to salutes containing more than two grains (130 mg) of flash powder, aerial shells containing more than forty grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as consumer fireworks. They also include fused set pieces containing components which together exceed fifty milligrams (50 mg) of flash powder. Display fireworks are classified by DOT in 49 CFR 172.101 as UN0333, UN0334, or UN0335.

(b) As provided for in this Paragraph, aerial shells containing more than forty grams of pyrotechnic compositions include any break charge and visible or audible effect compositions, but are exclusive of lift charge.

(9) "Distributor" means any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales of fireworks either as a jobber or a retailer or both.

(10) "Fire prevention officer" means a chief of a fire department, a sheriff, a constable, another local enforcement officer primarily responsible for fire prevention, or if there is no local fire authority, the state fire marshal or his designee.

(11) "Firework" and "pyrotechnic" mean a broad composition or device used for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and which are further defined in three general categories: "articles pyrotechnic", "consumer fireworks", and "display fireworks". The term "firework" does not include blank cartridges, railroad flares, model rockets, or any novelty or toy cap pistols, caps, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths (25/100) grains or less of explosive compounds are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five hundredths (25/100) grains of explosive compounds. The provisions of this Paragraph shall not be construed to impose labeling requirements for any fireworks or novelties other than those required as provided in federal law.

(12) "Firm" means a sole proprietorship, partnership, corporation, limited liability company, or any other entity.

(13) "Illegal firework" means a firework device assembled, manufactured, distributed, or sold in violation of this Part.

(14) "Importer" means any person who imports, brings in, or causes to be brought in any fireworks from outside the state of Louisiana into the state of Louisiana. "Importer" does not include a jobber or retailer who purchases fireworks from a distributor domiciled in Louisiana and who subsequently stores the fireworks in a warehouse outside of Louisiana with the intention of bringing the fireworks back into Louisiana after a short period of time to be distributed to other retailers in Louisiana or to be used in the purchaser's retail business.

(15) "IMS system" means the information management system operated and maintained by the office of state fire marshal.

(16) "Jobber" means any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail.

(17) "License" means the document issued by the office of state fire marshal to a firm or person authorizing the firm or person to engage in the activities as defined by this Part and administrative rules.

(18) "Licensee" means any person or firm issued a license by the office of state fire marshal to engage in the activities as defined by this Part and administrative rules.

(19) "Manufacturer" means any person engaged in making or construction of pyrotechnic compounds or component parts.

(20) "Novelty" means a device containing small amounts of pyrotechnic or explosive composition but does not fall under the category of consumer fireworks. Such devices include but are not limited to snakes, tanks, poppers, and snappers that produce limited visible or audible effects.

(21) "Office" means the office of state fire marshal.

(22) "Person" includes any firm, corporation, association, co-partnership, or one or more individuals.

(23) "Proximate display" includes all indoor displays and means a pyrotechnic public display involving the ignition of Fireworks 1.3G or Fireworks 1.4G for public viewing, where the audience is closer to the pyrotechnic devices than permitted by NFPA 1123 Code of Fireworks Display. The term does not include the use of Fireworks 1.4G by a retail consumer for private or personal viewing.

(24) "Public display" means the display of 1.4S, 1.4G, or 1.3G fireworks, including fireworks not listed as permissible in R.S. 51:651, used for any purpose relating to the amusement of the general public.

(25) "Public entity" includes but is not limited to the state, its agencies, departments, offices and commissions, political subdivisions, municipalities, and parishes.

(26) "Pyrotechnic operator" means an individual who, by experience and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising public displays of Fireworks 1.3G.

(27) "Pyrotechnic operator" means a person licensed through the office of state fire marshal who, by experience, training, and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising public displays of 1.3G or 1.4G Fireworks.

(28) "Pyrotechnic special effects operator" means an individual who, by experience and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising proximate displays of Fireworks 1.3G, 1.4G, and 1.4S.

(29) "Retailer" means any person engaged in the business of making sales of fireworks at retail to persons other than a distributor or a jobber.

(30) "Sale" includes barter, exchange, or gift or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee.

Acts 1958, No. 63, §7. Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 2003, No. 398, §2; Acts 2012, No. 10, §1; Acts 2018, No. 211, §1, eff. May 15, 2018.
La. Rev. Stat. § 51:2370.17 — LA Code / Code revised-statutes / Title 51 / Section 2370.17
Reporting requirements
Status: in_force

A. Beginning August 1, 2024, any GUMBO 1.0 grantee shall report all instances of known damage to existing underground utilities that occur during the construction or installation of broadband infrastructure funded by GUMBO 1.0.

B. Reports shall be submitted to the office in a monthly report once construction has begun.

C. The report shall include all of the following:

(1) The date and location of the incident.

(2) A description of the damage caused.

(3) Steps taken to address the damage.

D. Failure to report such incidents may result in the suspension of GUMBO 1.0 funding.

Acts 2024, No. 632, §1.
La. Rev. Stat. § 51:1787 — LA Code / Code revised-statutes / Title 51 / Section 1787
Enterprise zone incentives
Status: in_force

A. The board, after consultation with the secretaries of Louisiana Economic Development and the Department of Revenue, and with the approval of the governor, may enter into contracts not to exceed five years to provide:

(1) For either:

(a)(i) The rebate of sales and use tax imposed by the state and imposed by its political subdivisions upon approval of the governing authority of the appropriate municipality or the appropriate parish where applicable, or both, and of the governing authority of any other political subdivision, including the office of sheriff in the case of a law enforcement district, for the following:

(aa) The use of customer-owned tooling in a compression molding process.

(bb) Purchases of the material used in the construction of a building, or any addition or improvement thereon, for housing any legitimate business enterprise and machinery and equipment used in that enterprise.

(ii) Final application for the payment of any rebate of sales and use taxes granted pursuant to this Subsection shall be filed no later than six months after Louisiana Economic Development signs a project completion report and sends it to the Department of Revenue, the political subdivision, and the business, or no later than thirty days after the end of the calendar year in the case of customer-owned tooling used in a compression molding process. The project completion report cannot be signed until the project is complete and the contract has been approved by the board and the governor. The amount to be rebated shall in no case be greater than the total of the actual amount of the sales and use taxes paid.

(iii) Sales and use taxes imposed by a political subdivision which are dedicated to the repayment of bonded indebtedness or dedicated to schools shall not be eligible for rebate. All other state and local sales and use taxes shall be eligible for rebate.

(iv) Requests for rebates of state sales and use tax pursuant to this Section shall be processed by the Department of Revenue as follows:

(aa) A properly completed rebate request shall be submitted to the Department of Revenue on forms provided by the Department of Revenue. For purposes of this Section, a properly completed rebate request shall mean a rebate request that includes the general information required on the face of the request, is signed and includes a copy of the executed incentive contract, a copy of each invoice over fifteen thousand dollars, and all required schedules. The request shall be submitted electronically unless the secretary of the Department of Revenue grants permission to submit the request in an alternate form.

(bb) Within sixty days of the receipt of a properly completed rebate request, the Department of Revenue shall rebate eighty percent of the amount claimed that is eligible for rebate at the time of the rebate request after taking into account the limitation provided for in Subparagraph (c) of this Paragraph. Within six months of the date of filing the rebate request, the Department of Revenue shall audit the rebate request. During the six-month period, the Department of Revenue shall disallow items determined to be ineligible for rebate. Within ten business days following the expiration of the six-month period, the Department of Revenue shall rebate the remaining twenty percent of the amount claimed that is eligible for rebate at the time of the rebate request after taking into account the limitation provided for in Subparagraph (c) of this Paragraph, less any amounts properly disallowed during the six-month audit period. The Department of Revenue shall make additional rebates of sales and use taxes from a rebate request after certification by Louisiana Economic Development that additional net new jobs have been created. The Department of Revenue shall make such rebates from the current collections of the taxes collected pursuant to Chapter 2, Chapter 2-A, or Chapter 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, as amended. Any sales and use tax rebate issued pursuant to this Section shall be subject to subsequent audit by the Department of Revenue, and any rebate amount determined to be in excess of that which should have been allowed shall be subject to collection by the Department of Revenue.

(cc) Failure of the Department of Revenue to timely pay rebates as provided in this Item shall entitle the taxpayer to interest, which shall begin to accrue six months after the completed rebate request is received at the rate established pursuant to the provisions of R.S. 13:4202. Payments of interest authorized according to the provisions of this Section shall be made from the current collections of taxes collected pursuant to Chapter 2, Chapter 2-A, or Chapter 2-B of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, as amended.

(v) Requests for local sales and use tax rebates authorized pursuant to the provisions of this Section and R.S. 51:2456(B) shall be processed in accordance with the provisions of this Item. Within ninety days from the date that a properly completed rebate request submitted by a taxpayer is received by the appropriate local taxing authority, the taxing authority shall review the rebate request and issue a rebate check to the taxpayer for allowed items and shall notify the taxpayer of any disallowed items. For purposes of this Item, a properly completed rebate request shall mean a rebate request that includes the general information required on the face of the request, is signed, and includes a copy of each invoice and all required schedules. Within sixty days from receipt of the notification of disallowed items, the taxpayer shall resubmit a properly completed rebate request for disallowed items to the taxing authority for reconsideration. The time periods for reconsideration of disallowed items in a rebate request shall be the same as the time periods for consideration of the initial rebate request. Rebate requests may be submitted electronically with the approval of the local taxing authority. Failure by a local taxing authority to timely process and pay a local sales and use tax rebate in accordance with the provisions of this Item shall entitle the taxpayer to interest on the amount of the allowed items contained in the properly completed rebate request. Interest shall begin to accrue on the date the properly completed rebate request or reconsideration of disallowed items in a properly completed rebate request is received by the taxing authority at the rate established pursuant to the provisions of R.S. 13:4202.

(b) A refundable investment income tax credit equal to one and one-half percent of the amount of qualified expenditures. For purposes of this Paragraph, the term "qualified expenditures" shall mean amounts classified as capital expenditures for federal income tax purposes plus exclusions from capitalization provided for in Internal Revenue Code Section 263(a)(1)(A) through (L), minus the capitalized cost of land, capitalized leases of land, capitalized interest, capitalized costs of manufacturing machinery and equipment to the extent that the capitalized manufacturing machinery and equipment costs are excluded from sales and use tax pursuant to R.S. 47:301(3), and the capitalized cost for the purchase of an existing building. When a taxpayer purchases an existing building and capital expenditures are used to rehabilitate the building, the costs of the rehabilitation only shall be considered qualified expenditures. Additionally, a taxpayer shall be allowed to increase their qualified expenditures to the extent that a taxpayer's capitalized basis is properly reduced by claiming a federal credit. A taxpayer earns the investment tax credit in the year in which the project is placed in service, but the taxpayer may not claim the investment tax credit until Louisiana Economic Development signs the project completion report or such other time as provided for by rule or regulation. The project completion report for the refundable investment tax credit shall adhere to the same requirements found in Subparagraph (a) for the sales and use tax rebate.

(c)(i) For projects for which the advance notification is filed on or after April 1, 2016, the amount of the rebate of sales and use taxes and the investment income tax credit granted pursuant to the provisions of this Paragraph shall not exceed one hundred thousand dollars per net new job created under this Chapter.

(ii) A business shall not receive any sales and use tax rebate or refundable investment income tax credit until it has provided all documentation, including filing the annual certification report as required by rule, and has shown proof of the creation of the net new jobs.

(iii) For purposes of determining the maximum rebate or income tax credit allowed, each net new job shall only be counted once. The limitation provided for in this Subparagraph shall only apply to the sales and use tax rebates and refundable investment income tax credits granted to businesses participating in the Enterprise Zone Program.

(2)(a) Except as provided in Subparagraph (b) of this Paragraph, for a two thousand five hundred dollar tax credit per net new employee as determined by the company's average annual employment reported under the Louisiana Employment Security Law during the taxable year for which credit is claimed. For projects for which the advance notification form is filed on or after April 1, 2016, the amount of the credit provided for in this Subparagraph shall be one thousand dollars per net new employee, unless either the net new employee for which the credit is claimed was receiving Supplemental Nutrition Assistance Program (SNAP), Women, Infants, and Children (WIC), Medicaid, unemployment benefits, or any other benefits from a similar public assistance program, as provided for in rule by Louisiana Economic Development, during the six-month period prior to employment or the net new employee is hired by a participating business located in an enterprise zone. The amount of the credit for each net new employee meeting these qualifications shall be three thousand five hundred dollars. This tax credit may be applied to any state income tax liability, but not liabilities for penalty or interest, due or outstanding at the time the credit is generated. However, credits may be applied to a due or outstanding tax liability attributable to tax years prior to the year in which the credit is generated only if the tax liability is the result of an assessment, administrative, or judicial proceeding by the Department of Revenue after an audit, provided that no further interest or penalty shall be accrued on such tax liability after the credit is generated. If the entire credit cannot be used in the year claimed, the remainder may be applied against the income tax for the succeeding ten taxable years or until the entire credit is used, whichever occurs first. These credits shall also apply to those tax liabilities, but not liabilities for penalty or interest, identified in tax years where existing contracts generate the credit.

(b) In lieu of the tax credit provided in Subparagraph (a) of this Paragraph, for aviation or aerospace industries as defined in North American Industry Classification System (NAICS) Code 336411, 336412, 336413, and 332912, for a five thousand dollar tax credit for each new job created. This tax credit may be applied to any state income tax liability within a ten-year period from the date that the contract becomes effective or until the entire credit is used, whichever occurs first.

(c) Until June 30, 2009, in lieu of the tax credit provided in Subparagraph (a) of this Paragraph, for the motor vehicle parts manufacturing industry as defined in the 3363 NAICS Code Title, for a five thousand dollar tax credit for each new job created. This tax credit may be applied to any state income tax liability or any state franchise tax liability within a ten-year period from the date that the contract becomes effective or until the entire credit is used, whichever occurs first. As used in this Subparagraph, the term "NAICS" means the North American Industrial Classification System.

(d) Until June 30, 2012, in lieu of the tax credit provided in Subparagraph (a) of this Paragraph, for the rubber manufacturing industry as defined by NAICS Code 326211, a five thousand dollar tax credit for each new job created. This tax credit may be applied to any state income tax liability or any state franchise tax liability within a ten-year period from the date that the contract becomes effective or until the entire credit is used, whichever occurs first.

(3) The tax credit provided in Paragraph (2) of this Subsection shall be applicable as follows:

(a) For projects for which an advance notification was filed before April 1, 2016, only to a position within the state that did not previously exist in the business enterprise and that is filled by a person who is a citizen of the United States and who is domiciled in Louisiana, or who is a citizen of the United States and becomes domiciled in Louisiana within sixty days after his employment in such position, performing duties in connection with the operation of the business enterprise as a regular, full-time employee.

(b) For projects for which an advance notification was filed on or after April 1, 2016, only to a position within the state that is in excess of the median statewide number of employees of the business, including affiliates, that did not previously exist in the business enterprise prior to the contract effective date and that is filled by a person who is a citizen of the United States and who is domiciled in Louisiana, or who is a citizen of the United States and becomes domiciled in Louisiana within sixty days after his employment in such position, performing duties in connection with the operation of the business enterprise as a regular, full-time employee.

(c) The total number of credits allowed to a business enterprise for employees who are citizens of the United States and who become domiciled in Louisiana within sixty days after employment shall not exceed fifty percent of the total number of credits allowed to the business enterprise under the contract.

B. The board may enter into the contracts provided in Subsection A of this Section provided that:

(1) The business and its contractors give preference and priority to Louisiana manufacturers and, in the absence of Louisiana manufacturers, to Louisiana suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operational efficiency.

(2)(a) The request for such a rebate of sales and use tax is accompanied by an endorsement resolution approved by the governing body of the appropriate municipality, parish, port district, industrial development board, or other political subdivision or the written approval of the office of sheriff in the case of a law enforcement district, in whose jurisdiction the establishment is to be located. The endorsement resolution or letter of approval is to be submitted by the governing body or sheriff's office within ninety days of receipt of notification that the department has received an advance notification to file an application for benefits under this Chapter. The department shall notify the appropriate local governing body or sheriff's office of receipt of the application by certified mail.

(b) If the governing body of the appropriate jurisdiction has not submitted an endorsement resolution, written reasons for denial, or a written request for delay of consideration of the application, the board may take unilateral action, for the rebate of sales and use taxes imposed by the state only, in approving or denying the request.

(c) If there are no local sales and use taxes that can be rebated, as in the event that all such taxes are dedicated, no endorsement resolution shall be required of a local governing authority before the board considers its application for benefits under this Chapter.

(3)(a) The business certifies that at least fifty percent of its employees meet at least one of the following qualifications:

(i) Are residents of either:

(aa) Any enterprise zone in Louisiana, for a business located in an urban enterprise zone or a business not located in either an enterprise zone or an economic development zone.

(bb) The same parish as the location of the business, or any enterprise zone in Louisiana, for a business located in a rural enterprise zone, an economic development zone, or an enterprise zone in Calcasieu Parish.

(ii) Were receiving some form of public assistance during the six-month period prior to employment.

(iii) Were considered unemployable by traditional standards, or lacking in basic skills.

NOTE: Subparagraph (b) as amended by Acts 2015, No. 126, §1, eff. through June 30, 2018. See Acts 2016, 1 st E.S., No. 28.

(b) In addition to the requirements of Subparagraph (a) of this Paragraph, eligibility for a retail business which is assigned a North American Industry Classification Code of 44 or 45 and has more than one hundred employees nationwide including affiliates prior to the contract effective date shall be limited to grocery stores and pharmacies located in an enterprise zone, as such terms are defined by the department by rules promulgated in accordance with the Administrative Procedure Act. Notwithstanding any other provision of law to the contrary, a retail business which is assigned a North American Industry Classification Code of 44, 45, or 722 and whose contract is not entered into before July 1, 2015, shall be ineligible to receive benefits pursuant to the provisions of this Section, unless the related advance notification form was filed before July 1, 2015. If the related advance notification form was filed before July 1, 2015, benefits are available provided the related claim for benefits is filed on or after July 1, 2016.

(c)(i) Notwithstanding any other provision of law to the contrary, a business that is assigned a North American Industry Classification Code of 5613 or 721, and whose advance notification is not filed before April 1, 2016, shall be ineligible to receive benefits pursuant to the provisions of this Section.

(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, a retail business assigned a North American Industry Classification Code of 721 and has no more than fifty employees nationwide including affiliates prior to the contract effective date shall be eligible to receive benefits pursuant to this Section if the retail business files or enters into an advance notification on or after July 1, 2020, and before December 31, 2021. However, no retail business shall be eligible to earn benefits pursuant to this Item after June 30, 2023.

(d) The certifications required by Subparagraph (a) of this Paragraph shall be updated annually if the business is to continue receiving the benefits of this Chapter.

(e) In addition to the requirements of Subparagraph (a) of this Paragraph, a retail business which is assigned a North American Industry Classification Code of 44, 45, or 722, has no more than fifty employees nationwide including affiliates prior to the contract effective date, and which files or enters into an advance notification on or after July 1, 2020, and before December 31, 2021, shall be eligible to receive benefits pursuant to the provisions of this Section. However, no retail business shall be eligible to earn benefits pursuant to this Subparagraph after June 30, 2023.

(4)(a) The business makes its request for rebate of sales and use tax or the tax credit either:

(i) Prior to beginning construction of its building, or any addition or improvement thereon,

(ii) Prior to installation of the machinery or equipment to be used in the enterprise zone, or

(iii) Prior to beginning use of customer-owned tooling used in a compression molding process.

(b) At any time subsequent to the deadlines established in Items (i), (ii), and (iii) of Subparagraph (a), if the board determines that the business was unable, due to good cause, to file the request within the time frame provided, the board may consider a late request, but the business shall have the burden to establish good cause.

(5)(a) Except as provided in Subparagraph (b) of this Paragraph, the business creates either:

(i) A minimum of the lesser of five net new permanent jobs to be in place within the first two years of the contract period, as determined by the company's average annual employment reported under the Louisiana Employment Security Law.

(ii) The number of net new jobs equal to a minimum of ten percent of the existing employees, minimum of one, within the first year of the contract period, as determined by the company's average annual employment reported under the Louisiana Employment Security Law.

(b) For purposes of Subparagraph (a) of this Paragraph, the methodology for determining a company's average annual employment shall be established by department rule.

(c) A business which has an estimated construction period for its building greater than two years may, for good cause shown, obtain an extension of not more than two years to comply with the requirements of Subparagraph (a) of this Paragraph.

(d) Provided the business entering the contract provided in Subsection A of this Section is a nonprofit organization organized to finance the development and construction of buildings and infrastructure to serve a public institution of higher education, the new permanent jobs required in Subparagraph (B)(5)(a) of this Section may be created by the public institution of higher education.

(e) The provisions of this Section shall be applicable to all contracts entered into under the provisions of Subsection A of this Section after January 1, 2002.

(f) Due to the impacts of COVID-19 and hurricanes Laura and Delta, Louisiana Economic Development shall provide an option to companies with an active agreement to extend the time period for the creation of new jobs required in Subparagraph (a) of this Paragraph for an additional twelve months. This option shall be available only to companies that have an executed enterprise zone incentive contract with a due date impacted by COVID-19 Emergency Proclamations, Hurricane Laura, or Hurricane Delta and that notify the department of their preference in writing prior to the original certification due date, but not later than December 31, 2021. Notification to the department shall be in a manner consistent with the provisions of their existing contract.

(6) For purposes of R.S. 51:2456(B), a business shall be deemed to meet the enterprise zone hiring requirements and all other limitations, procedures, and requirements of this Section if the business meets the requirements of R.S. 51:2455(E)(1).

(7) For purposes of R.S. 51:3121(C)(4), a business shall be deemed to meet the enterprise zone hiring requirements and all other limitations, procedures, and requirements of this Section if the business creates a minimum of five new jobs in accordance with the program contract.

C. A transit-oriented development shall be eligible for the contract provided for in Subsection A of this Section only if all of the following conditions are met:

(1) Advance notification for the development is filed with the department after June 30, 2011, and before January 1, 2012.

(2) Construction of the development begins no later than one hundred eighty days after the project beginning date stated on the advance notification.

(3) The development and the business applying for enterprise zone incentives meet all other requirements of the Enterprise Zone Program.

D. Repealed by Acts 2007, No. 400, §2, eff. July 10, 2007.

E. The department, in cooperation with Louisiana Works, may enter into agreements with employers located in either urban or rural enterprise zones or in economic development zones under which the employers may receive Workforce Innovation and Opportunity Act funds, to the extent that these funds are received from the federal government.

F. No governing authority of a political subdivision or sheriff's office shall charge any fee or require any employment practice that conflicts with state or federal law as a precondition to authorizing tax benefits under this Chapter. The governing authority of each political subdivision or sheriff's office shall, after all requirements of this Chapter have been met, promptly rebate any sales and use taxes to the entity entitled to such rebate.

G. The board, after consultation with the secretaries of Louisiana Economic Development and the Department of Revenue, and with the approval of the governor, may enter into agreements with employers located in either urban or rural enterprise zones or in economic development zones under which employers may receive a two-year tax credit for a total of two thousand five hundred dollars for each FITAP participant who is employed full time for a period of not less than two years for compensation which will disqualify such person from continued participation in the FITAP program. This tax credit may be applied to any state income tax liability and shall be used for the taxable year in which the increase in average annual employment occurred. However, an employee shall be limited to two years participation under the program. No employer shall obtain a credit for more than ten employees in the first year of participation in the program authorized by this Section. Employers shall be eligible for tax credits under the program for ten years.

H. Repealed by Acts 2007, No. 400, §2, eff. July 10, 2007.

I. If the collecting agencies receive notice that the rebate or credit, or any part thereof, has ceased by reason of a violation of the terms of the contract under which it was granted, then the amount of the credit for the year in which the violation occurred and for each year thereafter in which the violation is not remedied shall be considered a tax due as of December thirty-first of the year in which the violation occurred, and for each year thereafter in which a credit is used and the violation is not remedied, and it shall be collected by the collecting agencies in the same manner and subject to the same provisions for the collection of other tax debts.

J. For purposes of filing the application provided for in Paragraph (A)(1) of this Section, the business filing the application, upon request, shall receive a thirty-day extension of time in which to file its application, provided such request for extension is received by the Department of Revenue prior to the expiration of such filing period. The Department of Revenue is also authorized to grant the business an additional extension of time, not to exceed sixty days, in which to file its application provided that the business shows reasonable cause for granting such extension.

K.(1) In addition to the incentives provided for in Subsection A of this Section, an essential critical infrastructure worker shall be eligible for a one-time hazard pay rebate based upon the worker's adjusted gross income.

(2) For purposes of this Subsection the following words shall have the following meanings unless the context clearly indicates otherwise:

(a) "Adjusted gross income" shall have the same meaning as used in R.S. 47:293.

(b) "Essential critical infrastructure worker" means a Louisiana resident individual who meets all of the following eligibility criteria:

(i) The worker is determined to be an essential critical infrastructure worker as that term is defined by the federal Cybersecurity & Infrastructure Security Agency in its publication "Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 3.1".

(ii) The worker was employed in at least one of the following essential critical infrastructure sector jobs on or after March 11, 2020:

(aa) Nurses, assistants, aides, medical residents, pharmacy staff, phlebotomists, respiratory therapists, and workers providing direct patient care in inpatient and outpatient dialysis facilities.

(bb) Housekeeping, laundry services, food services, and waste management personnel in hospitals and healthcare facilities.

(cc) Long-term care facility personnel, outpatient care workers, home care workers, personal assistance providers, home health providers, home delivered meal providers, childcare service providers.

(dd) Emergency medical services (EMS) personnel, fire and rescue personnel, law enforcement personnel, public health epidemiologists.

(ee) Bus drivers; retail fuel center personnel; sanitation personnel; residential, commercial, and industrial solid waste and hazardous waste removal personnel; storage and disposal personnel.

(ff) Grocery store, convenience store, and food assistance program personnel.

(gg) Mortuary service providers.

(hh) Veterinary service staff.

(iii) The worker was required to provide in-person services outside of the worker's residence substantially dedicated to responding to or mitigating the COVID-19 public health emergency for at least two hundred hours during the period from March 22, 2020, through May 14, 2020.

(c) "One-time hazard pay rebate" means a two hundred fifty dollar rebate for an essential critical infrastructure worker whose adjusted gross income is fifty thousand dollars or less as reported on the worker's 2019 Louisiana individual income tax return. If the 2019 Louisiana individual income tax return has not been filed at the time of applying for the rebate authorized in this Subsection, the 2018 Louisiana individual income tax return may be used in lieu of the 2019 Louisiana individual income tax return.

(3)(a) An applicant applying for the rebate shall not be required to file an advance notification and shall apply to the secretary of the Department of Revenue for the rebate in a manner and on forms as prescribed by the secretary beginning on July 15, 2020, through October 31, 2020. The secretary of the Department of Revenue may consult with the secretary of Louisiana Works and the secretary of Louisiana Economic Development to verify an applicant's eligibility for the one-time hazard pay rebate. Once the secretary of the Department of Revenue has verified that an applicant is eligible for the one-time hazard pay rebate, the secretary of the Department of Revenue shall certify a list of eligible applicants and approved one-time hazard pay rebate amounts and shall submit the approved list to the treasurer for payment. The treasurer shall make and credit rebate payments within ten days of receiving the list of approved applicants from the secretary of the Department of Revenue. Funding for the program provided for in this Subsection shall be comprised of twenty-five million dollars from the Coronavirus Local Recovery Allocation Fund established in R.S. 39:100.43 and twenty-five million dollars from the Louisiana Main Street Recovery Fund established in R.S. 39:100.44.

(b) The total amount of rebates issued pursuant to the provisions of this Subsection shall not exceed fifty million dollars. However, the treasurer may pay additional rebates if monies are made available for the payment of these rebates and the payment of additional rebates is approved by the Joint Legislative Committee on the Budget.

(4) Any provisions of Subsections A through J of this Section deemed inconsistent with the provisions of this Subsection shall be inapplicable to the one-time hazard pay rebate for essential critical infrastructure workers.

(5) Notwithstanding any provision of law to the contrary, the one-time hazard pay rebate provided for in this Subsection shall not be subject to seizure pursuant to R.S. 13:3881 except for seizure of spousal or child support payments.

(6) The secretary of the Department of Revenue may promulgate rules, including emergency rules as deemed necessary by the secretary, in accordance with the Administrative Procedure Act as are necessary to implement the provisions of this Subsection, including rules related to the recapture of the one-time hazard rebate if an applicant is subsequently determined to be ineligible for the rebate. The recapture of a rebate shall be an obligation to be collected and accounted for in the same manner as if it were a tax due to the secretary of the Department of Revenue.

L. The department shall not accept any advance notification on or after July 1, 2025.

Acts 1995, No. 194, §1, eff. June 14, 1995; Acts 1995, No. 581, §2, eff. June 18, 1995; Acts 1997, No. 624, §1; Acts 1997, No. 1155, §5; Acts 1997, No. 1172, §10, eff. June 30, 1997; Acts 1999, No. 386, §1; Acts 1999, No. 977, §1; Acts 2000, No. 46, §1, eff. July 1, 2000; Acts 2002, No. 36, §2, eff. June 25, 2002; Acts 2003, No. 1203, §1; Acts 2003, No. 1240, §1, eff. July 1, 2003; Acts 2005, No. 388, §1, eff. June 30, 2005; Acts 2005, No. 339, §1, eff. June 30, 2005; Acts 2005, No. 443, §1, eff. July 1, 2005; Acts 2006, No. 844, §1, eff. July 5, 2006; Acts 2007, No. 271, §1, eff. July 6, 2007; Acts 2007, No. 279, §1, eff. July 6, 2007; Acts 2007, No. 400, §§1, 2, eff. July 10, 2007; Acts 2008, No. 720, §§1, 2, eff. July 1, 2008; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2011, No. 359, §1, eff. June 29, 2011; Acts 2013, No. 423, §1, eff. June 21, 2013; Acts 2015, No. 114, §1, eff. June 19, 2015; Acts 2015, No. 126, §1, eff. July 1, 2015; Acts 2015, No. 426, §6; Acts 2016, 1 st Ex. Sess., No. 18, §1, eff. March 10, 2016; Acts 2016, 1 st Ex. Sess., No. 28, §2, eff. April 1, 2016; Acts 2017, No. 206, §1, eff. June 14, 2017; Acts 2017, No. 386, §2, eff. June 23, 2017; Acts 2018, No. 11, §1, eff. June 12, 2018; Acts 2020, 1 st Ex. Sess., No. 12, §2, eff. July 13, 2020; Acts 2020, 1 st Ex. Sess., No. 28, §1, eff. July 1, 2020; Acts 2020, 2 nd Ex. Sess., No. 41, §1, eff. Oct. 28, 2020; Acts 2024, 3rd Ex. Sess., No. 5, §2, eff. Jan. 1, 2025; Acts 2024, 3rd Ex. Sess., No. 6, §2, eff. Jan. 1, 2026; Acts 2024, 3rd Ex. Sess., No. 11, §3, eff. Dec. 4, 2024.

NOTE: See Acts 2013, No. 423, §2, regarding applicability.

NOTE: See Acts 2018, 2 nd Ex. Sess., No. 11, §4.
La. Rev. Stat. § 51:1944 — LA Code / Code revised-statutes / Title 51 / Section 1944
Motor vehicle replacement or refund
Status: in_force

A. If after four or more attempts within the express warranty term or during a period of one year following the date of the original delivery to the consumer of a motor vehicle, whichever is the earlier, the nonconformity has not been repaired or if the vehicle is out of service by reason of repair for a cumulative total of forty-five or more calendar days during the warranty period, the manufacturer shall:

(1) Replace the motor vehicle with a comparable new motor vehicle, or, at its option,

(2) Accept return of the motor vehicle and refund the full purchase price plus any amounts paid by the consumer at the point of sale, and all collateral costs less a reasonable allowance for use to the consumer, or any holder of a perfected security interest in the motor vehicle, as their interest may appear, if the transaction was a sale.

B. If the transaction is a lease, the provisions of Paragraph (A)(1) of this Section are applicable or the manufacturer may, if the lessor is willing, accept return of the motor vehicle and reimburse the lessee for all reasonable expenditures in connection with the lease, and further satisfy all conditions of the lease in connection with early termination and related charges. The lessee shall be liable for a reasonable allowance for use of the vehicle prior to the return thereof.

C. A reasonable allowance for use shall be that amount directly attributable to use by the consumer prior to his first notice of nonconformity to the manufacturer, agent, or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.

D. If a manufacturer has established an informal dispute settlement procedure which substantially complies with the provisions of Title 16, Code of Federal Regulations, Part 703, as from time to time amended, the provisions of Subsections A, B and C of this Section concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.

E. The consumer shall have no more than three years from the date he purchased the motor vehicle or until one year from the end of the warranty period, whichever is longer, in which to file suit against the manufacturer to force compliance with the provisions of this Section.

Acts 1984, No. 228, §1; Acts 1986, No. 553, §1; Acts 1995, No. 1136, §1; Acts 1999, No. 933, §1; Acts 2021, No. 220, §2.
La. Rev. Stat. § 51:702 — LA Code / Code revised-statutes / Title 51 / Section 702
Definitions and rules of construction
Status: in_force

As used in this Part, the term:

(1) "Affiliate" or "person affiliated with" means, when used with reference to a specified person, a person who directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with the person specified. Any beneficial owner of twenty percent or more of the combined voting power of all classes of voting securities of a person or any executive officer, director, trustee, or general partner of a person is an affiliate of such person unless the shareholder, executive officer, director, trustee, or general partner shall prove that he in fact does not control, is not controlled by, and is not under common control with such person.

(2) "Beneficial owner" means, with regard to any securities, any person who owns such securities or who enjoys benefits substantially equivalent to ownership. A person's beneficial ownership of securities shall be deemed to include, but shall not be limited to, any securities owned by:

(a) His spouse.

(b) His minor children.

(c) Any revocable trust of which he is a settlor.

(d) Any trust of which he, his spouse, and his minor children have an aggregate vested beneficial interest of twenty percent or more in the income or the corpus.

(e) Any partnership in which he is a general partner.

(f) Any corporation of which he is the beneficial owner of twenty percent or more of the outstanding voting securities or of which he is an executive officer if the corporation has no substantial business other than investment in securities.

(g) Any ancestor, sibling, or lineal descendant of his who resides in his home.

(3) "Commissioner" means the commissioner of financial institutions who is also the commissioner of securities.

(4) "Control", including "controlling", "controlled by", and "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, or otherwise.

(5)(a) "Dealer" means every person, other than a salesman registered under this Part, who engages, either for all or part of his time, directly or indirectly, as agent, broker, or principal in the business of offering, buying, selling, or otherwise dealing or trading in securities issued by another person but does not include:

(i) A bank chartered and issued a certificate of authority by the state of Louisiana and under the supervision of the commissioner of financial institutions, a national bank chartered by the government of the United States and under the supervision of the Comptroller of the Currency of the United States, a bank holding company organized under the laws of the state of Louisiana and under the supervision of the Board of Governors of the Federal Reserve, or the employees of such banks or bank holding companies acting in their official capacity.

(ii) Any person insofar as such person buys or sells securities for his own account, either individually or in some fiduciary capacity, other than as a part of a regular business.

(iii) Any general partner, managing member, or executive officer of any general partner or managing member, of an issuer or executive officer of an issuer offering or selling securities of such issuer unless he is paid a commission directly related to the sale of such securities.

(b) The commissioner may, by rule or regulation, for purposes not inconsistent with the protection of investors, limit, condition, or expand the group of persons associated with an "issuer" for purposes of the provisions of this Paragraph.

(6) "Executive officer" means the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated.

(6.1) "Federal covered adviser" means a person who is registered under Section 203 of the Investment Advisers Act of 1940.

(6.2) "Federal covered security" means any security that is a covered security under Section 18(b) of the Securities Act of 1933 or rules promulgated thereunder.

(7) "Investment adviser" means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. "Investment adviser" does not include:

(a) A bank, savings institution, or trust company.

(b) A lawyer, accountant, engineer, or teacher whose performance of these services is solely incidental to the practice of his or her profession.

(c) A broker whose performance of these services is solely incidental to the conduct of his or her business as a broker and who receives no special compensation for them.

(d) A publisher of any bona fide newspaper, news magazine, or business or financial publication of general, regular, and paid circulation.

(e) A person whose advice, analyses, or reports relate only to securities exempted by R.S. 51:708(1).

(f) A person whose only clients in this state are other investment advisers, dealers, banks, savings institutions, trust companies, insurance companies, investment companies, pension or profit sharing trusts, or other financial institutions or institutional buyers, whether acting for themselves or as trustees, or who, during any period of twelve consecutive months, has had fewer than fifteen clients in this state and who does not hold himself or herself out generally to the public as an investment adviser.

(g) Such other persons not within the intent of this Paragraph as the commissioner may by rule or order designate.

(7.1) "Investment adviser representative" means any partner, officer, director, or a person occupying a similar status or performing similar functions, or other individual, except clerical or ministerial personnel, who is employed by or associated with an investment adviser that is registered or required to be registered under this Part, and who does any of the following:

(a) Makes any recommendations or otherwise renders advice regarding securities.

(b) Manages accounts or portfolios of clients.

(c) Determines which recommendation or advice regarding securities should be given.

(d) Solicits, offers or negotiates for the sale or sells investment advisory services.

(e) Supervises employees who perform any of the foregoing.

(8) "Issuer" means every person who issues or proposes to issue any security, except that with respect to certificates of deposit, voting-trust certificates, or collateral-trust certificates or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors or persons performing similar functions or in an unincorporated investment trust of the fixed, restricted management, or unit type, the term "issuer" means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which such securities are issued, except that:

(a) In the case of an unincorporated association which provides by its articles for limited liability of any or all of its members or in the case of a trust, committee, or other legal entity, the trustees or members thereof shall not be individually liable as issuers of any security issued by the association, trust, committee, or other legal entity.

(b) With respect to equipment-trust certificates or like securities, the term "issuer" means the person by whom the equipment or property is or is to be used.

(c) With respect to fractional undivided interests in oil, gas, or other mineral rights, the term "issuer" means the owner of any such right or of any interest in such right, whether whole or fractional, who creates fractional interests therein for the purpose of public offering.

(9) "Majority owned subsidiary" means a subsidiary more than fifty percent of whose outstanding securities representing the right, other than as affected by events of default, to vote for the election of directors is owned by the subsidiary's parent, by one or more of the parent's other majority owned subsidiaries, or by the subsidiary's parent and one or more of the parent's other majority-owned subsidiaries.

(10) "Parent", when used with reference to a specified person, means an affiliate controlling such person directly, or indirectly through one or more intermediaries.

(11) "Person" means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where the interest of the beneficiaries is evidenced by a security, or any unincorporated organization.

(12) "Prospectus" means any notice, circular, advertisement, sales literature, letter, offering circular, offering sheet, or communication, written or by radio or television, which offers any security for sale or which is used in connection with any such offer or which confirms the sale of any security, except that:

(a) A confirmation of the sale of a security which is sent or given after the effective date of the registration statement shall not be deemed a prospectus if it is proved that prior to or at the same time with such confirmation a written prospectus, meeting the requirements of R.S. 51:705(B)(3), (E)(3), or (F)(4) as appropriate to form of registration under this Part, at the time of such confirmation, was sent or given to the person to whom the confirmation was sent or given.

(b) A notice, circular, advertisement, sales literature, letter, or communication in respect of a security, shall not be deemed to be a prospectus if it states from whom a written prospectus meeting the requirements of R.S. 51:705(B)(3), (E)(3), or (F)(4) may be obtained and, in addition, does no more than identify the security, state the price thereof, state by whom orders will be executed, and such other information as the commissioner, by rules or regulations, deems necessary or appropriate in the public interest and for the protection of investors, and subject to such terms and conditions as may be prescribed therein, may permit.

(13) "Sale" or "sell" means and shall include every contract of sale or disposition of a security or interest in a security for value. The term "offer to sell", "offer for sale", or "offer" shall include every attempt or offer to dispose of or solicitation of an offer to buy a security or interest in a security for value. The terms defined in this Paragraph shall not include preliminary negotiations or agreements between an issuer or any person on whose behalf an offering is to be made and any underwriter or among underwriters who are or are to be in privity of contract with an issuer or any person on whose behalf an offering is to be made. Any security given or delivered with or as a bonus on account of any purchase of securities or any other thing shall be conclusively presumed to constitute a part of the subject of such purchase and to have been offered and sold for value. The issue or transfer of a right or privilege, when originally issued or transferred with a security, giving the holder of such security the right to convert such security into another security of the same issuer or of another person, or giving a right to subscribe to another security of the same issuer or of another person, which right cannot be exercised until some future date, shall not be deemed to be an offer or sale of such other security, but the issue or transfer of such other security upon the exercise of such right of conversion or subscription shall be deemed a sale of such other security.

(14) "Salesman" means an individual, other than a dealer registered under this Part, employed, appointed, or authorized by a dealer or by an issuer, to sell securities in this state, but does not include any person specified in R.S. 51:702(5)(a)(i) or (a)(iii).

(15)(a) "Security" means any note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in any profit-sharing agreement; collateral-trust certificate; preorganization certificate or subscription; transferable share; investment contract; voting-trust certificate; certificate of deposit for a security; fractional undivided interest in oil, gas, or other mineral rights; any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities (including any interest therein or based on the value thereof); or, in general, any interest or instrument commonly known as a "security"; or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing.

(b) "Security" shall not mean:

(i) Any insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period nor any variable annuity contract as provided for and regulated under Title 22 of the Louisiana Revised Statutes of 1950 and issued by a life insurance company licensed to do business in the state of Louisiana.

(ii) Currency, or any note, draft, bill of exchange, loan participation or banker's acceptance, or any other evidence of indebtedness issued by a bank other than the shares of such institutions as defined in R.S. 6:251 et seq. for state banks and the preferred and common stock of national banks as defined in 12 U.S.C. 51(a) and 51(c).

(iii) Any right, interest, or instrument or class or type of right, interest, or instrument which the commissioner, by rule or regulation adopted pursuant to R.S. 51:710(D) of this Part, excludes from the definition set forth in this Paragraph.

(16) "Securities of the same class" means:

(a) All common stock of an issuer, regardless of varying series or designations, and all securities convertible into common stock or conferring the right to acquire common stock.

(b) All preferred stock of an issuer, regardless of varying preferences, series, or designations, and all securities convertible into preferred stock or conferring the right to acquire preferred stock.

(17) "Significant subsidiary" means a subsidiary meeting any one of the following conditions:

(a) The assets of the subsidiary or the investments in and advances to the subsidiary by its parent and the parent's other subsidiaries, if any, exceed ten percent of the assets of the parent and its subsidiaries on a consolidated basis.

(b) The sales and operating revenues of the subsidiary exceed ten percent of the sales and operating revenues of its parent and the parent's subsidiaries on a consolidated basis.

(c) The subsidiary is the parent of one or more subsidiaries and, together with such subsidiaries, would, if considered in the aggregate, constitute a significant subsidiary.

(18) "State" means any state (or a designated state), territory, or possession of the United States, the District of Columbia, Puerto Rico and the Virgin Islands.

(19) "Subsidiary", when used with reference to a specified person, means an affiliate controlled by such person, directly or indirectly, through one or more intermediaries.

(20) "Underwriter" means any person who has purchased from an issuer or an affiliate of an issuer with a view to the distribution or offers or sells for an issuer or an affiliate of an issuer in connection with the distribution of any security or participates or has a direct or indirect participation in any such undertaking or participates or has a participation in the direct or indirect underwriting of any such undertaking, provided that:

(a) A person shall be presumed not to be an underwriter with respect to any securities which he has owned beneficially for at least one year.

(b) Such term shall not include a person whose interest is limited to a commission from an underwriter or dealer not in excess of the usual and customary distributors' or sellers' commission.

(c) In the case of securities acquired on the conversion of another security without payment of additional consideration, the length of time such securities have been beneficially owned by a person shall include the period during which the convertible security was beneficially owned and the period during which the security acquired on conversion has been beneficially owned.

Acts 1985, No. 722, §1; Acts 1988, No. 199, §1; Acts 1989, No. 30, §1, eff. June 15, 1989; Acts 2006, No. 541, §1, eff. June 22, 2006; Acts 2008, No. 274, §1.
La. Rev. Stat. § 51:1949.1 — LA Code / Code revised-statutes / Title 51 / Section 1949.1
Imposition of certain fees in motor vehicle rental agreements
Status: in_force

A. A motor vehicle lessor, in a rental agreement, may list mandatory charges separately, including but not limited to vehicle license recovery fees, airport access fees, airport concession fees, and all applicable taxes.

B. If a motor vehicle lessor includes a vehicle license recovery fee as a separate charge in a rental agreement, the amount of the fee shall represent the motor vehicle lessor's good-faith estimate of the lessor's average per vehicle portion of the lessor's total annual titling and registration costs incurred pursuant to the provisions of R.S. 47:451 et seq.

C. If the total amount of the vehicle license recovery fees collected by a motor vehicle lessor pursuant to this Section in any one calendar year exceeds the lessor's actual costs to license, title, and register the motor vehicles for that year, the lessor shall do the following:

(1) Retain the excess amount collected.

(2) Adjust the estimated average per vehicle titling and registration charge for the following calendar year by a corresponding amount.

D. As used in this Section, the following terms have the following meanings:

(1) "Motor vehicle" means that term as defined in R.S. 32:1252.

(2) "Motor vehicle lessor" means that term as defined in R.S. 32:1252 and subject to the licensing provisions of R.S. 32:1254(A).

(3) "Vehicle license recovery fee" means a charge that is included in a vehicle rental transaction to recover costs incurred by a motor vehicle lessor to license, title, and register rental vehicles.

Acts 2016, No. 61, §1.
La. Rev. Stat. § 51:1822 — LA Code / Code revised-statutes / Title 51 / Section 1822
Surety bond
Status: in_force

A. A business opportunity seller shall maintain a surety bond issued by a surety company authorized to do business in this state in the amount of fifty thousand dollars. The bond shall be in favor of the state for the use, benefit, and indemnity of any person who suffers any damage or loss as a result of the seller's dishonesty, unfair or deceptive practice, breach of the contract for the business opportunity sale or any duty arising therefrom, or violation of law.

B. A business opportunity agent, whether an independent contractor, a broker, or an employee of the seller, shall maintain a surety bond issued by a surety company authorized to do business in this state in the amount of twenty-five thousand dollars. The bond shall be in favor of the state for the use, benefit, and indemnity of any person who suffers any damage or loss as a result of the agent's dishonesty, unfair or deceptive practice, breach of a duty, or violation of law.

C. The department may at any time require a seller or agent to file a new or additional bond in the amount of the original bond whenever he deems the security of a bond required by this Section to be unsatisfactory or finds that a bond has become insufficient to satisfy all claims accrued or contingent against the principal.

D. The state or any person claiming against the bond may maintain an action for damages or other relief against the principal or the surety, or both. The liability of the surety for all breaches of the conditions of the bond provided herein shall in no event exceed the amount of the bond.

E. The seller and agent shall file the bonds required of them with the department before doing any business in this state, including advertising or soliciting. New or additional bonds shall be filed before continuing business in this state.

F. Whoever violates the provisions of Subsections A, B, or E of this Section shall be guilty of a misdemeanor, punishable by a fine of five hundred dollars and by imprisonment for not more than six months.

G. The bonding requirements of this Section shall apply only to business opportunities as defined in R.S. 51:1821(1)(a), (b), or (c).

H. The term of a bond required by this Section shall be continuous. The surety on said bond may terminate the bond upon giving a sixty-day written notice to the assistant secretary and the principal; however, the liability of the surety for the acts of the principal shall continue during the sixty-day period. The notice shall not release the surety from liability which accrues before the termination becomes final, but which is discovered after that date.

Acts 1988, No. 625, §6; Acts 2001, No. 819, §1.
La. Rev. Stat. § 51:521 — LA Code / Code revised-statutes / Title 51 / Section 521
Definitions
Status: in_force

As used in this Part:

(1) "Retail drug trade" means the selling to the consumer, not for the purpose of resale, of any form of drugs, medicines, cosmetics, toilet preparations, drug sundries or allied articles, but does not include the sale of damaged merchandise if advertised, marked and sold as such, nor merchandise sold during the final liquidation of any business, or sold or donated for charitable purposes or to unemployment relief agencies, or to physicians, dentists, veterinarians or hospitals.

(2) "Drug retailer" means any person engaged wholly or partially in the retail drug trade;

(3) "Retail drug establishment" means any store or department of a store engaged in the retail drug trade;

(4) "Cost" means the manufacturer's wholesale list price per dozen or per customary unit plus a six percent mark-up;

(5) "Drug" means any substance or preparation intended for external or internal use in the care, mitigation, treatment, remedy or prevention of disease or ailment in man or animal, and any substance or preparation intended to affect the structure or function of the body of man or animal, not including food, but including medicinal or quasimedicinal preparations;

(6) "Cosmetics" and "toilet preparations" mean toilet articles and perfumes, toilet waters, face powders, creams, lotions, rouges, shaving creams, dentifrices, bath salts and all other similar preparations and substances, designed and intended for application to the person for the purpose of cleansing, improving, or changing in any way the appearance of the person, or of refreshing or preserving the person;

(7) "Drug sundries" means such articles as are used in conjunction with, but not included in, drugs, cosmetics or toilet preparations.
La. Rev. Stat. § 51:3132 — LA Code / Code revised-statutes / Title 51 / Section 3132
Definitions
Status: in_force

As used in this Chapter, the following terms shall have the meanings ascribed to them below:

(1) "Board" means the Louisiana Board of International Commerce.

(2) "Department" means Louisiana Economic Development.

(3) "Initiative" means the Louisiana International Commerce Initiative.

(4) "Inland ports" means those ports, commonly known as shallow draft ports, engaged in waterborne commerce whose cargoes depend upon import or export through international ports for connection to world markets.

(5) "International commerce" means a two–tiered, integrated economic sector concentrating upon the state's unique position in world commerce. "Tier one" shall be defined as business activity in the areas of waterborne or airborne commerce, manufacturing related to imported and exported products and services, other international activities, and corporate business activity resulting from the state's engagement in international commerce. "Tier two" shall be defined as inland transportation connectors, including water, highway, and rail, air transportation, airborne passenger travel, assembly and distribution, free trade zones, and other support business activities including but not limited to finance, insurance, suppliers of materials, legal, brokerage, freight forwarding, and other such services.

(6) "International ports" means those ports, commonly known as deep draft ports, whose main function is waterborne commerce, both import and export, directly linked to world commerce. These ports include, but are not limited to, the following:

(a) Port of Greater Baton Rouge.

(b) Lake Charles Harbor and Terminal District, Port of Lake Charles.

(c) Port of New Orleans.

(d) Plaquemines Port, Harbor and Terminal District.

(e) St. Bernard Port, Harbor and Terminal District.

(f) Port of South Louisiana.

(7) - (9) Repealed by Acts 2025, No. 432, §3.

(10) "Secretary" means the secretary of Louisiana Economic Development.

Acts 2012, No. 687, §2, eff. June 7, 2012; Acts 2025, No. 432, §3.
La. Rev. Stat. § 51:945 — LA Code / Code revised-statutes / Title 51 / Section 945
References to the division
Status: in_force

Any references to the division of small and emerging business development, or any of its previous titles, throughout the Louisiana Revised Statutes of 1950, shall mean the department.

Acts 2001, No. 9, §9, eff. July 1, 2001.
La. Rev. Stat. § 51:2389.1 — LA Code / Code revised-statutes / Title 51 / Section 2389.1
Guidance by commissioner; advisory opinions
Status: in_force

A. Advisory opinions and interpretations of the office shall not be considered rules requiring compliance with the rulemaking process under the Louisiana Administrative Procedure Act.

B. This Section shall only have prospective application.

Acts 1997, No. 58, §4.
La. Rev. Stat. § 51:1415 — LA Code / Code revised-statutes / Title 51 / Section 1415
Service of demand, subpoena, or petition
Status: in_force

Service of any demand, subpoena or petition shall be made in the manner provided by the Louisiana Code of Civil Procedure or the Louisiana Revised Statutes.

Added by Acts 1972, No. 759, §1.
La. Rev. Stat. § 51:2455 — LA Code / Code revised-statutes / Title 51 / Section 2455
Quality jobs incentive rebates
Status: in_force

NOTE: Subsection A as amended by Acts 2015, No. 126, §2, eff. through June 30, 2018. See Acts 2016, 1 st E.S., No. 28.

A.(1) An employer who has entered into a contract may receive a rebate for the taxable periods specified in the contract entered into pursuant to the provisions of this Chapter in an amount which shall be equal to the benefit rate as defined in R.S. 51:2453(1), multiplied by the gross payroll, as defined in R.S. 51:2453(3), of new direct jobs as defined in R.S. 51:2453(4), for the taxable period as verified by Louisiana Economic Development through the use of information provided to it by Louisiana Works. In no instance shall a rebate be determined by multiplying the value of the health care benefits by the benefit rate.

(2) For projects for which an advance notification was filed on or after July 1, 2015, pursuant to this Section, no rebate shall exceed the amount of the benefit rate as defined in R.S. 51:2453(1), multiplied by eighty percent of the gross payroll, as defined in R.S. 51:2453(3), of new direct jobs as defined in R.S. 51:2453(4), for the taxable period as verified by Louisiana Economic Development through the use of information provided to it by Louisiana Works. In no instance shall a rebate be determined by multiplying the value of the health care benefits by the benefit rate.

NOTE: Subsection A as amended by Acts 2015, No. 126, §3, eff. through June 30, 2018. See Acts 2016, 1 st E.S., No. 28.

A. An employer who has entered into a contract may receive a rebate for the taxable periods specified in the contract entered into pursuant to the provisions of this Chapter in an amount which shall be equal to the benefit rate as defined in R.S. 51:2453(1), multiplied by the gross payroll, as defined in R.S. 51:2453(3), of new direct jobs as defined in R.S. 51:2453(4), for the taxable period as verified by Louisiana Economic Development through the use of information provided to it by Louisiana Works. In no instance shall a rebate be determined by multiplying the value of the health care benefits by the benefit rate.

B. Notwithstanding anything to the contrary in either Chapter 1 or Chapter 5 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950, the following rules shall apply with respect to the application of the rebate allowed in Subsection A of this Section:

(1) The incentive rebate allowed a corporation classified under Subchapter S of the Internal Revenue Code of 1954 (26 U.S.C. 1361 et seq.) as an S corporation shall be paid to the S corporation entity and not the individual shareholders of the corporation.

(2) The incentive rebate allowed a partnership, limited liability partnership, or limited liability company shall be paid to such entity and shall not be paid to the individual partners or members of such entity.

C. Notwithstanding any other provision of law to the contrary in Title 47 of the Louisiana Revised Statutes of 1950, as amended, the secretary of the Department of Revenue shall make the rebate authorized in this Section from the current collections of the taxes imposed by Chapter 1 or Chapter 5 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950. The right to such rebate shall not be subject to the requirements of R.S. 47:1621(B).

D.(1) In order to receive a contract for the rebate pursuant to the provisions of this Chapter, an employer shall apply to Louisiana Economic Development. The application shall be on a form prescribed by the department and shall contain such information as may be required by the department to determine if the applicant is qualified.

(2) The application shall contain a sworn statement by a duly authorized officer of the employer listing the names of persons or other entities who have received or who will receive any payment or other consideration from the employer for the purpose of representing the employer in applying for or receiving the benefits provided for in this Chapter.

(3) Applications shall be filed no later than twenty-four months after the filing of the advance notification, except as follows:

(a) For advance notifications filed on or after January 1, 2014, and before January 31, 2014, applications may be filed at any time prior to January 31, 2016.

(b) For advance notifications filed on or after June 1, 2015, and before July 1, 2015, applications may be filed at any time before January 1, 2018.

(c) Upon request, the business shall receive a thirty-day extension of time in which to file its application, provided that the request for extension is received by Louisiana Economic Development no later than the filing deadline.

E. In order to qualify to receive such rebate, the employer applying shall be required to:

(1) Have an annual gross payroll for a minimum of fifteen new direct jobs which equals or exceeds six hundred seventy-five thousand dollars for the employer's fiscal year for which the employer is applying for his third annual rebate. Employers with no more than fifty employees shall have an annual gross payroll for a minimum of five new direct jobs which equals or exceeds two hundred twenty-five thousand dollars for the employer's fiscal year for which the employer is applying for his third annual rebate.

(2) Have a number of full-time employees working an average of thirty or more hours per week in new direct jobs equal to or in excess of seventy percent of the total number of new direct jobs in order to qualify.

F. The department shall determine if the applicant is qualified to receive rebates authorized in this Chapter.

G. Upon approval of such an application, Louisiana Economic Development shall notify the Department of Revenue and shall provide it with a copy of the application. The Department of Revenue may require the qualified employer to submit such additional information as may be necessary to administer the provisions of this Chapter. The approved employer shall file applications for rebates with Louisiana Economic Development to show its continued eligibility for the rebates, as provided in R.S. 51:2457. The employer may be audited by Louisiana Economic Development to verify such eligibility. The approved contract between the employer and Louisiana Economic Development shall authorize the continued rebate as long as the employer retains its eligibility as defined in and established pursuant to this Section and R.S. 51:2453 and 2457 and within the limitations contained in this Chapter, as it existed at the time of such approval.

H. An employer's benefit rate shall be determined annually using employer information from the employer's fiscal year for which the rebate is claimed.

I. Due to the impacts of COVID-19 and hurricanes Laura and Delta, Louisiana Economic Development shall provide an option to employers with an active agreement to extend the third annual rebate filing period required in Subsection E of this Section for an additional twelve months. This option shall be available only to employers that have an executed quality jobs incentive rebate contract with a due date impacted by COVID-19 Emergency Proclamations, Hurricane Laura, or Hurricane Delta and that notify the department of their preference in writing prior to the original certification due date, but not later than December 31, 2021. Notification to the department shall be in a manner consistent with the provisions of their existing contract.

Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1 st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2000, No. 46, §2, eff. June 28, 2000; Acts 2002, 1 st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2007, No. 387, §1, eff. July 10, 2007; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2011, No. 353, §1, eff. June 29, 2011; Acts 2015, No. 126, §2, eff. July 1, 2015; §3, eff. July 1, 2018; Acts 2016, 1 st Ex. Sess., No. 28, §2, eff. April 1, 2016; Acts 2017, No. 386, §3, eff. June 23, 2017; Acts 2018, 2 nd Ex. Sess., No. 11, §1, eff. June 12, 2018; Acts 2020 1 st Ex.Sess., No. 23, §1, eff. July 1, 2020; Acts 2020, 2 nd Ex. Sess., No. 41, §1, eff. Oct. 28, 2020.

NOTE: See Acts 2018 2 nd Ex. Sess., No. 11, §§2 and 4.
La. Rev. Stat. § 51:146 — LA Code / Code revised-statutes / Title 51 / Section 146
Discovery; incrimination
Status: in_force

The witness shall not refuse to produce books or papers in accordance with the order or to answer any questions in reference to the subject matter of the investigation upon the ground that these acts would tend to incriminate him or subject him to a penalty or forfeiture.

The witness shall not be liable to prosecution, or subject to any action, penalty, or forfeiture on account of any transaction, matter, or thing concerning which he may testify or produce books or papers.
La. Rev. Stat. § 51:2370.18 — LA Code / Code revised-statutes / Title 51 / Section 2370.18
Coordination with parishes and municipalities
Status: in_force

Beginning August 1, 2024, broadband providers receiving funding through the GUMBO 1.0 program shall provide a thirty-day advanced written notice prior to the commencement of GUMBO 1.0 construction activities to the relevant parish or municipality. Nothing in this Section relieves the GUMBO 1.0 grantee of its obligations to comply with local regulations and ordinances.

Acts 2024, No. 632, §1.
La. Rev. Stat. § 51:931 — LA Code / Code revised-statutes / Title 51 / Section 931
Certification of small entrepreneurships
Status: in_force

The secretary of Louisiana Economic Development shall certify businesses as small entrepreneurships for purposes of the Louisiana Initiative for Small Entrepreneurships (the Hudson Initiative) as provided in R.S. 39:2006.

Acts 2005, No. 440, §2, eff. July 11, 2005.
La. Rev. Stat. § 51:2365 — LA Code / Code revised-statutes / Title 51 / Section 2365
Louisiana Mega-Project Development Fund
Status: in_force

A. The Louisiana Mega-Project Development Fund, hereinafter referred to as the "fund", is hereby created as a special fund within the state treasury.

B. The state treasurer is hereby authorized and directed to transfer one hundred fifty million dollars from the Louisiana Economic and Port Development Infrastructure Fund to the Louisiana Mega-Project Development Fund on June 29, 2007. The legislature may appropriate additional monies to the fund if it deems necessary to accomplish the purposes of the fund.

C. Monies in the fund shall be invested by the treasurer in the same manner as monies in the state general fund and any interest earned on the investment of monies in the fund shall be credited to the fund. All unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.

D.(1) Monies in the fund shall be available for appropriation for general purposes and for use by Louisiana Economic Development, hereinafter referred to as the "department". Such appropriations shall be used by the secretary of the department for immediate funding of all or a portion of economic development mega-projects which may be necessary in order to successfully secure the creation or retention of jobs by a business entity or a qualified major event under such circumstances as established by this Part.

(2) The secretary shall report to the Joint Legislative Committee on the Budget twice yearly, on the first day of October and the first day of April, with respect to all actual expenditures of monies appropriated from the fund. The reports shall be available electronically, and the secretary shall include in these reports any other information which the committee may require with respect to use of monies appropriated from the fund, including but not limited to the following information on each economic development project which receives funding:

(a) Performance targets.

(b) Outcomes.

(c) Numbers of jobs created and retained.

(d) Overall payroll generated.

(3) The department shall make available upon request the economic impact analysis on an economic development project which receives monies from the fund.

E. Monies in the fund shall be expended only upon recommendation by the secretary and concurrence by the governor. Any such recommendation shall be implemented pursuant to a cooperative endeavor agreement executed in accordance with the provisions of R.S. 33:9029.2 and subject to approval by the Joint Legislative Committee on the Budget.

F.(1) For purposes of this Section, "mega-project" means:

(a) A project which will provide the following:

(i) Either five hundred new direct jobs to the state or a minimum initial investment of five hundred million dollars by the private sector or the United States Government through the creation of a new facility or the expansion of an existing facility.

(ii) A substantial return on the investment by the state as measured by projected tax revenues.

(b) A project for a military or federal installation which is important to the Louisiana economy and that may be subject to base realignment and closure, or for the purchase of land for a mega-project.

(c) A project resulting in re-creating or saving at least five hundred direct jobs in this state, through the transfer of ownership of a facility that has been closed or a facility that is at risk of closure due to conditions arising out of or relating to a proceeding under Title 11 of the United States Code.

(d) Repealed by Acts 2022, No. 751, §2, eff. June 27, 2022.

(2) Except for a mega-project as provided in Subparagraph (1)(b) of this Subsection, the investment by the state in any mega-project shall not exceed thirty percent of the total cost of the project as described by the cooperative endeavor agreement.

G. At the same time as the secretary submits to the official journal for the state a notice containing general information regarding active negotiations for an economic development mega-project which is eligible for funding from the fund, which active negotiations the secretary desires to keep confidential as provided in R.S. 44:22, upon request by a member of the legislature in whose legislative district a project is located, the secretary may provide information regarding the project if the member submits his signature under oath that all information shall remain confidential and privileged.

Acts 2007, No. 208, §3, eff. June 29, 2007; Acts 2008, No. 513, §15, eff. June 30, 2008; Acts 2009, No. 1, §1, eff. May 12, 2009; Acts 2010, No. 368, §1; Acts 2010, No. 633, §3, eff. July 1, 2010; Acts 2015, No. 12, §1, eff. July 1, 2015; Acts 2022, No. 751, §§1, 2, eff. June 27, 2022.
La. Rev. Stat. § 51:300.13 — LA Code / Code revised-statutes / Title 51 / Section 300.13
Violations; private actions; costs awarded by court
Status: in_force

A. Any violation of this Subpart shall be a deceptive and unfair trade practice pursuant to R.S. 51:1405 and shall subject the violator to any and all penalties and private actions provided in Chapter 13 of this Title.

B. In addition to the attorney general's right to bring an action for injunctive relief, an aggrieved person may also bring such action, and if a court awards injunctive relief, it may order the forfeiture or cancellation of the domain name or the transfer of the domain name to the aggrieved person.

C. Notwithstanding the provisions of R.S. 51:1409(A) which allows aggrieved persons to bring an action to recover actual damages, plaintiffs in private actions instituted to recover damages caused by a violation of this Subpart may file a petition for damages equal to three times the amount of damages incurred by the plaintiff when his domain name was registered, offered for sale, or sold.

D. In addition to attorney fees and costs that may be awarded in a private action, the court may also award costs to the attorney general or other law enforcement authority bringing any action pursuant to this Subpart.

Acts 2001, No. 388, §1, eff. June 13, 2001.
La. Rev. Stat. § 51:2402 — LA Code / Code revised-statutes / Title 51 / Section 2402
Small Business Innovation Recruitment Fund; purpose; program administration
Status: in_force

A. There is hereby created in the state treasury, as a special fund, the "Small Business Innovation Recruitment Fund", hereinafter referred to as the "fund".

B.(1) The monies in the fund shall be used as an economic development incentive to recruit out-of-state small businesses that have received Phase II Small Business Innovation Research, hereinafter referred to as "SBIR", or Phase II Small Business Technology Transfer, hereinafter referred to as "STTR", federal grants to move to Louisiana.

(2) In order for a business to be considered a "small business" for purposes of this Section, the business shall qualify as small according to the United States Small Business Administration's industry size standards.

C. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, all monies received for the purpose of the fund shall be deposited into the fund.

D. Monies in the fund shall be invested in the same manner as monies in the general fund. Interest earned on investment of monies in the fund shall be credited to the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.

E. Subject to appropriation and the provisions of this Section, monies in the fund shall be used by Louisiana Economic Development, hereinafter referred to in this Section as the "department", for awarding grants to selected applicants. The department shall establish criteria for grant eligibility, provide for an application process, and select eligible business applicants to receive monies from the fund, based upon nominations of eligible small businesses recommended by the Regional Economic Alliance of Louisiana, which represents sixty-four parishes of the state.

F.(1) Up to five hundred thousand dollars shall be annually disbursed from the fund to eligible applicants in the form of grants. Any grant received pursuant to this Section shall not exceed one hundred thousand dollars per applicant. The grant awards provided pursuant to this Section shall be divided into three equal amounts and disbursed to the selected applicants over a period of three consecutive years.

(2) In Fiscal Year 2025-2026, in addition to any monies disbursed from the fund pursuant to Paragraph (1) of this Subsection, an amount of up to one hundred five thousand dollars of fund monies shall be allocated to the department for administrative costs.

G. An applicant that meets all of the following criteria shall be eligible for a grant provided for in this Section:

(1) The applicant shall have received Phase II SBIR or STTR grant funding within the two years immediately preceding submission of the application.

(2) The applicant shall have generated sales and revenue and shall provide documentation proving such.

(3) The applicant shall have produced commercial products or conducted commercial services and shall provide documentation proving such.

H. Within six months of approval by the department, an applicant selected to receive grant monies shall provide documentation that the applicant business has relocated to Louisiana. If the selected applicant fails to relocate or provide documentation of such, the grant shall be forfeited, and the money shall be disbursed to another applicant.

Acts 2022, No. 477, §1, eff. June 15, 2022.
La. Rev. Stat. § 51:484 — LA Code / Code revised-statutes / Title 51 / Section 484
Resale of implements, machinery and attachments
Status: in_force

Upon cancellation or discontinuance of a contract as described in R.S. 51:481(A) by the agent, dealer, wholesaler, manufacturer, or distributor, the agent shall pay to the dealer, or credit his account if he has outstanding any sums owing the agent, a sum equal to one hundred percent of the net cost of all new unused complete engines, implements, equipment, machinery, and attachments covered by this Part which have been purchased from him by the dealer within the thirty-six months immediately preceding notification by the agent or dealer of intent to cancel or discontinue the contract, including transportation charges and excise taxes paid by the dealer or invoiced to his account by the agent. Nothing in this Section shall prohibit the dealer from electing to keep such merchandise if he has the contractual right to do so. Equipment used for demonstration with less than three hundred hours use will be considered new. Equipment that is demonstrated as a method of selling is returnable as new equipment.

Acts 1991, No. 627, §1; Acts 1992, No. 372, §1.
La. Rev. Stat. § 51:3234 — LA Code / Code revised-statutes / Title 51 / Section 3234
Actions for injunctive relief; orders to compel compliance
Status: in_force

A. An owner, assignee, authorized agent, or exclusive licensee of a commercial recording or audiovisual work electronically disseminated by the website or online service in violation of this Chapter may bring a proceeding against a person who violates or threatens to violate the provisions of this Chapter to obtain the following:

(1) A declaratory judgment that an act or practice violates this Chapter.

(2) Permanent or temporary injunctive relief.

B. Before filing an action under this Section, the aggrieved party shall make reasonable efforts to provide notice to the person alleged to be in violation of the provisions of this Chapter, and the notice shall be in writing and shall state the following:

(1) The person may be in violation of the provisions of this Chapter.

(2) A failure to cure the violation within fourteen days may result in an action being filed against the person pursuant to this Chapter.

C. After the fourteenth day of properly providing notice in accordance with Subsection B of this Section, if the person continues to violate the provisions of this Chapter, the aggrieved party may bring an action pursuant to this Section in a court of competent jurisdiction.

D. On motion of the party initiating the cause of action, the court may make appropriate orders to compel compliance with this Chapter.

Acts 2022, No. 267, §1.
La. Rev. Stat. § 51:2121 — LA Code / Code revised-statutes / Title 51 / Section 2121
Enforcement of age verification by publishers and distributors of material harmful to minors
Status: in_force

A.(1) Any commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of the material shall be subject to civil penalties as provided in this Section if the entity fails to perform reasonable age verification methods to verify the age of individuals attempting to access the material.

(2) The attorney general may conduct an investigation of the alleged violation and initiate a civil action in the Nineteenth Judicial District Court for the parish of East Baton Rouge on behalf of the state to assess civil penalties. Prior to asserting a cause of action, the attorney general shall provide the commercial entity with a period of time of not less than thirty days to comply with this Section.

B.(1) Any commercial entity that violates this Section may be liable for a civil penalty, to be assessed by the court, of not more than five thousand dollars for each day of violation to be paid to the Department of Justice, in order to fund the investigation of cyber crimes involving the exploitation of children. In addition to the remedies provided in this Section, the attorney general may request and the court may impose an additional civil penalty not to exceed ten thousand dollars for each violation of this Section against any commercial entity found by the court to have knowingly failed to perform reasonable age verification methods to verify the age of individuals attempting to access the material. The civil penalty shall be paid to the Department of Justice in order to fund the investigation of cyber crimes involving the exploitation of children.

(2) Each violation may be treated as a separate violation or may be combined into one violation at the option of the attorney general.

(3) Any commercial entity that violates this Section may be liable to the attorney general for all costs, expenses, and fees related to investigations and proceedings associated with the violation, including attorney fees.

(4) If the court assesses a civil penalty pursuant to this Section, the Department of Justice shall be entitled to legal interest as provided in R.S. 9:3500 from the date of imposition of the penalty until paid in full.

C.(1) This Section shall not apply to any bona fide news or public interest broadcast, website, video, report, or event and shall not be construed to affect the rights of any news-gathering organization.

(2) No internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider shall be held to have violated the provisions of this Section solely for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under the control of that provider, including transmission, downloading, intermediate storage, access software, or other related capabilities, to the extent that the provider is not responsible for the creation of the content of the communication that constitutes material harmful to minors.

D. For purposes of this Section:

(1) "Commercial entity" means corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities.

(2) "Distribute" means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means.

(3) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks.

(4) "Material harmful to minors" means all of the following:

(a) Any material that the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest.

(b) Any of the following material that exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated display or depiction of any of the following, in a manner patently offensive with respect to minors:

(i) Pubic hair, anus, vulva, genitals, or nipple of the female breast.

(ii) Touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals.

(iii) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act.

(c) The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors.

(5) "Minor" means any person under the age of eighteen years.

(6) "News-gathering organization" means any of the following:

(a) An employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this Subparagraph, who can provide documentation of employment with the newspaper, news publication, or news source.

(b) A radio broadcast station, television broadcast station, cable television operator, wire service, or an employee thereof.

(7) "Publish" means to communicate or make information available to another person or entity on a publicly available internet website.

(8) "Reasonable age verification methods" means verifying that a person seeking to access the material is eighteen years of age or older by using any of the following methods:

(a) Providing a digitized identification card as defined in R.S. 51:3211.

(b) Requiring the person attempting to access the material to comply with a commercial age verification system that verifies in any of the following ways:

(i) Government-issued identification.

(ii) Any commercially reasonable method that relies on public or private transactional data to verify that the age of the person attempting to access the information is at least eighteen years of age or older.

(9) "Substantial portion" means more than thirty-three and one-third percent of total material on a website which meets the definition of "material harmful to minors" as defined by this Section.

Acts 2023, No. 216, §1.
La. Rev. Stat. § 51:65 — LA Code / Code revised-statutes / Title 51 / Section 65
Extent of authority of commissioners
Status: in_force

The authority granted in this Part to the board confers on the board the right to do all things necessary and proper to carry into effect the establishing, maintaining, and operating of foreign trade zones in the New Orleans International Airport, the South Louisiana Port Commission, the Lake Charles Harbor and Terminal District, the Port of New Orleans, the South Tangipahoa Parish Port Commission, the Caddo-Bossier Port Commission, the Vidalia Port Commission, the England Economic and Industrial Development District, the Greater Baton Rouge Port Commission, the Plaquemines Port, Harbor and Terminal District, the Board of Commissioners of the Port of Iberia, or any port commission or port, harbor, and terminal district, the New Orleans Regional Business Park, and any airport with an industrial park or property designated for industrial development, and to comply fully with the provisions of 19 U.S.C. 81a et seq. and all regulations that may be made under it. Further, a board that does not have federally authorized foreign trade zone status may enter into agreement with another board that has federally granted foreign trade zone authority to establish, maintain, or operate a subzone or subzones within the jurisdiction of the board, provided that the agreement shall not limit or affect the powers and authority of either board.

Amended by Acts 1966, No. 473, §1; Acts 1981, No. 321, §1; Acts 1985, No. 470, §1; Acts 1986, No. 453, §1; Acts 2003, No. 416, §1; Acts 2010, No. 747, §1; Acts 2020, 2nd Ex. Sess., No. 29, §1, eff. Oct. 28, 2020; Acts 2022, No. 174, §1.
La. Rev. Stat. § 51:1821 — LA Code / Code revised-statutes / Title 51 / Section 1821
Definitions
Status: in_force

As used in this Chapter, the following terms and phrases have the meaning ascribed to them unless the context requires otherwise:

(1) "Business opportunity" means the sale or lease for an initial required consideration exceeding three hundred dollars of any goods or services which are transferred to a purchaser for the purpose of enabling the purchaser to start a business, and in which the seller or agent:

(a) Represents that the seller or an entity to which it will refer the purchaser, will provide or assist the purchaser in finding business locations on premises neither owned nor leased by the purchaser or seller for the use or operation of vending machines, racks, display cases, currency-operated amusement machines, or other similar devices; or

(b) Represents that the seller, or any entity to which it will refer the purchaser, will purchase any or all products to be sold, made, produced, fabricated, assembled, grown, bred, or modified by the purchaser using in whole or in part the supplies, services, or goods sold to the purchaser by the seller; or

(c) Guarantees that the purchaser is to derive income from the business opportunity which exceeds the price paid for the business opportunity, or that the seller is to refund all or part of the price paid for the business opportunity, or repurchase any of the products, equipment, supplies, or goods supplied by the seller, if the purchaser is unsatisfied with the business opportunity; or

(d) Represents that for a fee exceeding three hundred dollars the seller will provide a sales plan or marketing program which will enable the purchaser to derive income from the business opportunity which exceeds the price paid for the business opportunity. This provision shall not apply to the sale or lease of a sales plan or marketing program made in conjunction with the licensing of a registered trademark or service mark.

"Business opportunity" does not include the sale of an ongoing business when the owner of that business sells and intends to sell only that one business, and does not include the sale, not for profit, of sales demonstration equipment, materials, or samples for a total price of five hundred dollars or less.

(2) "Initial required consideration" includes consideration required by express condition or practical necessity, or for which the buyer or lessee becomes obligated before the commencement of the business, or during the following one hundred eighty days.

(3) "Seller" means a person or entity which sells or leases, or offers to sell or to lease a business opportunity.

(4) "Agent" means a person who solicits prospective purchasers or negotiates on behalf of a seller.

(5) "Department" means the Department of Justice.

Added by Acts 1981, No. 814, §1; Acts 1988, No. 625, §6.
La. Rev. Stat. § 51:1351 — LA Code / Code revised-statutes / Title 51 / Section 1351
Authority created; membership
Status: in_force

The Louisiana Nuclear and Space Authority, hereinafter referred to as authority, is hereby created and established, to consist of the treasurer, a member of the House of Representatives, to be appointed by the speaker thereof and a member of the Senate to be appointed by the lieutenant governor; one member of the Board of Commerce and Industry, appointed by said board; two members of the Board of Nuclear Energy, appointed by said Board; and one member appointed by the governor with the advice and consent of the Senate for a term concurrent with the term of the governor making the appointment.

The members appointed by the Board of Commerce and Industry and the Board of Nuclear Energy shall serve at the pleasure of the respective boards appointing them and any vacancies in respect to the member appointed by the governor with the advice and consent of the Senate, shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

The authority shall select a chairman and a secretary to perform the duties ordinarily performed by such officers. The authority shall be a body politic and corporate and shall be domiciled in the parish in which the state capitol is situated. A majority of the members of the authority shall constitute a quorum and a majority of such members may act on behalf of the authority.

Acts 1968, No. 605, §1.
La. Rev. Stat. § 51:3265 — LA Code / Code revised-statutes / Title 51 / Section 3265
Unfair or deceptive trade practice or act; online marketplace sellers; identification; violations
Status: in_force

Any violation of this Chapter shall be a deceptive and unfair trade practice and shall subject the online marketplace to any and all actions and penalties provided for in the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq., excluding private rights of action as provided in R.S. 51:1409 and 1409.1.

Acts 2022, No. 316, §1, eff. Jan. 1, 2023.
La. Rev. Stat. § 51:1942 — LA Code / Code revised-statutes / Title 51 / Section 1942
Manufacturer's duty to repair; nonconformity
Status: in_force

If a new motor vehicle does not conform to an applicable express warranty, and the consumer reports the nonconformity to the manufacturer or any of its authorized motor vehicle dealers and makes the motor vehicle available for repair before the expiration of the warranty or during a period of one year following the date of the original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent, or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranty, notwithstanding the fact that such repairs are made after the expiration of such terms or such one-year period.

Acts 1984, No. 228, §1.
La. Rev. Stat. § 51:929 — LA Code / Code revised-statutes / Title 51 / Section 929
Domicile of the department and the board; branch offices
Status: in_force

Louisiana Economic Development and the Board of Commerce and Industry shall be domiciled in the city of Baton Rouge. Branch offices may be established at such other locations as the board may deem advisable.

Acts 1964, No. 403, §1.
La. Rev. Stat. § 51:1419 — LA Code / Code revised-statutes / Title 51 / Section 1419
Disclosure of service charges; forfeiture
Status: in_force

Any person who is in the business of making house calls for the purpose of repairing home appliances shall disclose to the person requesting his services the amount of the service charge for which the person will be billed. Such service charge shall be defined as the fee charged for making the house call only and shall not include any charges for actual repair work done on any appliance. Disclosure must be made in advance and before any work is actually done. Failure to make the disclosure as provided for herein shall result in forfeiture of the right to collect the service charge.

Acts 1993, No. 88, §1, eff. Jan. 1, 1994.
La. Rev. Stat. § 51:1933 — LA Code / Code revised-statutes / Title 51 / Section 1933
Administration matters
Status: in_force

All investments of certified capital in a certified Louisiana capital company prior to June 27, 1996, shall be one investment pool; the investment date of such investment pool shall be the date of certification or recertification, as the case may be, of the certified Louisiana capital company.

Acts 1996, No. 21, §2, eff. June 27, 1996.
La. Rev. Stat. § 51:1402 — LA Code / Code revised-statutes / Title 51 / Section 1402
Definitions
Status: in_force

As used in this Chapter, the following words and phrases shall have the meanings hereinafter ascribed to them:

(1) "Consumer" means any person who uses, purchases, or leases goods or services.

(2) "Consumer interest" means those acts, practices, or methods that affect the economic welfare of a consumer.

(3) "Consumer transaction" means any transaction involving trade or commerce to a natural person, the subject of which transaction is primarily intended for personal, family, or household use.

(4) "Documentary material" means the original or a copy of any book, record, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated.

(5) "Elder person" means any person sixty-five years of age or older.

(6) "Examination" of documentary material includes the inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment in respect to any such documentary material or copy thereof.

(7) "Knowingly" means that the act or practice used was such that a reasonably prudent businessman knew or should have known that the act or practice was a violation of this Chapter.

(8) "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity.

(9) "Person with a disability" means a person with a mental, physical, or developmental disability that substantially impairs that person's ability to provide adequately for his own care or protection.

(10)(a) "Trade" or "commerce" means the advertising, offering for sale, sale, or distribution of any services and any property, corporeal or incorporeal, immovable or movable, and any other article, commodity, or thing of value wherever situated, and includes any trade or commerce directly or indirectly affecting the people of the state.

(b) "Trade" or "commerce" shall include the advertising, offering for sale, sale, or distribution of an abortion-inducing drug in violation of R.S. 40:962.2.

(c) "Trade" or "commerce" shall include the advertising or collecting fees as an adoption facilitator in violation of R.S. 46:1426.

Added by Acts 1972, No. 759, §1. Amended by Acts 1981, No. 873, §3, eff. Sept. 11, 1981; Acts 2006, No. 218, §1, eff. June 2, 2006; Acts 2014, No. 811, §28, eff. June 23, 2014; Acts 2022, No. 548, §3; Acts 2024, No. 362, §2.
La. Rev. Stat. § 51:1010 — LA Code / Code revised-statutes / Title 51 / Section 1010
Members from Louisiana
Status: in_force

The governor, the president of the Senate, and the speaker of the House of Representatives each shall appoint one member, who shall serve at the pleasure of the appointing officer for a four year term and who may be reappointed. If any of said members of the board shall be the head of a regularly constituted department or agency of this state, he may designate a subordinate officer or employee of his department or agency to serve in his stead as permitted by the applicable provisions of the compact and the bylaws of the board.

Acts 1979, No. 576, §1.
La. Rev. Stat. § 51:1782 — LA Code / Code revised-statutes / Title 51 / Section 1782
Declaration of purpose
Status: in_force

The legislature of Louisiana hereby finds and declares that the health, safety, and welfare of the people of this state are dependent upon the continued encouragement, development, growth, and expansion of the private sector within the state. The legislature further finds and declares that there are certain depressed areas in the state that need the particular attention of government to help attract private sector investment into these areas, as well as many local economic efforts which could benefit from the assistance and input of state government. Therefore, it is declared to be the purpose of this Chapter to stimulate business and industrial growth in these areas of the state by the relaxation of governmental controls, by providing assistance to businesses and industries, and by providing tax incentives in these areas. It is further declared that the effective administration of both the enterprise zone program and the economic development zone program is the sole responsibility of Louisiana Economic Development which, by state law, is charged with coordinating those plans and programs aimed at developing optimum conditions for new and expanding industrial and commercial enterprises in this state with units of local government.

Added by Acts 1981, No. 901, §1; Acts 1995, No. 581, §2, eff. June 18, 1995.
La. Rev. Stat. § 51:2006 — LA Code / Code revised-statutes / Title 51 / Section 2006
Scope
Status: in_force

This Chapter deals with consumer protection against computer spyware.

Acts 2006, No. 392, §1.
La. Rev. Stat. § 51:1355 — LA Code / Code revised-statutes / Title 51 / Section 1355
Revenue bonds
Status: in_force

In order to encourage the location within the state of industrial enterprises in the field of space and nuclear energy and related industrial operations and to provide funds to acquire plant sites and other necessary property for appurtenances and to acquire or construct industrial plant buildings to be located within the state and leased, sold or otherwise disposed of as authorized by this Chapter by the authority, said authority is authorized to incur debt and issue revenue bonds in an aggregate amount not to exceed ten million dollars subject to the following provisions and restrictions:

(1) Such bonds shall be payable solely from the income and revenues to be derived from the operation of the properties owned or operated by the authority or from such part of the revenues of such properties as may be pledged thereto. Said bonds shall be in coupon form but may be made registrable as to principal if so provided in the resolution authorizing the issuance thereof. The bonds shall be in such denomination, shall bear interest at such rate or rates not exceeding six per cent per annum, shall mature serially or otherwise in such manner not later than forty years from their date, and shall be made payable at such place or places within or without the State of Louisiana as may be provided by the authority and in the discretion of said authority may be made redeemable prior to maturity at such premium or premiums not greater than ten per cent of the principal amount thereof as the authority may determine. The bonds shall be signed by the chairman and attested by the secretary of the authority under the official seal of the authority, in such manner as may be provided in the resolution authorizing their issuance. Interest coupons to be attached thereto may be executed with the facsimile signature of such officers, and in the event that any officer whose signature appears on such bonds or coupons shall cease to be such officer before the delivery of the bonds to the purchaser, such signature shall nevertheless be valid and sufficient for all purposes. The bonds shall be sold in such manner and at such times as the authority may determine, except that no bond shall be sold at a price which will result in an interest cost to the authority in excess of six per cent per annum computed to maturity on the basis of standard tables of bond values.

(2) Any bonds issued under this section shall be payable from and secured by the pledge of the revenues of such properties owned or operated by the authority as may be pledged thereto in the resolution authorizing the bonds. Any holder of the bonds or of any of the coupons thereto attached may either at law or in equity, by suit, action, mandamus, or other proceeding, enforce and compel performance of all duties required to be performed by the authority and the officials of the authority by the provisions of this statute and the proceedings authorizing the issuance of such bonds. If any bond issued hereunder shall be permitted to go into default as to principal or interest, any court of competent jurisdiction is hereby authorized, pursuant to application of the holder of such bond, to appoint a receiver for the properties of the authority, the revenues of which have been pledged to the payment of the bonds, which receiver shall be under the duty of operating such properties and collecting and distributing the revenues thereof pursuant to the provisions and requirements of the resolution authorizing the bonds.

If more than one series of bonds shall be issued hereunder payable from the revenues of such properties, priority of lien on such revenues shall depend on the time of the delivery of such bonds, each series enjoying a lien prior and superior to that enjoyed by any series of bonds subsequently delivered; provided however, that as to any issue or series of bonds which may be authorized as a unit but delivered from time to time in blocks, the authority may in the proceedings authorizing the issuance of said bonds provide that all of the bonds of such series or issue shall be coequal as to lien regardless of the time of delivery, and provided further that it may be provided in the proceedings for issuance of any bonds that additional bonds may be authorized and issued in the future on a parity therewith pursuant to such restrictions as may be therein provided.

(3) All bonds issued under the provisions of this section shall constitute negotiable instruments for all purposes under the Negotiable Instruments Law as that law is now or may hereafter be in force in Louisiana.

(4) Any resolution authorizing the issuance of bonds hereunder shall provide for the creation of a sinking fund into which shall be paid from the revenues pledged thereto, sums fully sufficient to pay principal of and interest on such bonds, and to create such reserves for contingencies as may be provided in such resolution. The moneys in the sinking fund shall be applied to the payment of interest on and principal of the bonds or to the purchase or retirement of the bonds prior to maturity in such manner as may be provided in such resolution.

The resolution authorizing the issuance of bonds hereunder may contain such covenants with the future holder or holders of the bonds as to the management and operation of the properties of the authority, the imposition and collection of fees and charges for the commodities or services furnished thereby, the disposition of such fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against the properties of the authority and the revenues thereof, the carrying of insurance on the properties, the disposition of the proceeds of any such insurance, and other pertinent matters, as may be deemed necessary by the authority to assure the marketability of such bonds, provided such covenants are not inconsistent with the provisions of this section. Provisions may also be made therein for the appointment of a trustee to have and perform such powers and duties as may be therein provided.

(5) When the authority shall have issued bonds hereunder and shall have pledged any revenues for the payment thereof as herein provided the authority shall impose and collect rentals, fees and charges for the use of its properties, in such amounts and at such rates as shall be fully sufficient at all times to pay the expenses of operating and maintaining the properties of the authority, provide a sinking fund sufficient to assure the prompt payment of principal of and interest on the bonds as each falls due, provide such reasonable funds for contingencies as may be required by the resolution authorizing the bonds and provide an adequate depreciation or renewal and replacement fund for such repairs, extensions and improvements as may be necessary to assure adequate and efficient service to the public.

(6) The authority may refund any bonds issued under this section. Such refunding bonds may either be sold and the proceeds applied to or deposited in escrow for the retirement of the outstanding bonds (if the bonds to be refunded are maturing or are optional for redemption), or may be delivered in exchange for the outstanding bonds. The refunding bonds shall be authorized in all respects as original bonds are herein required to be authorized and the authority in authorizing the refunding bonds shall provide for the security of such bonds and the sources from which such bonds are to be paid and for the rights of the holders thereof in all respects as herein authorized to be provided for other bonds issued under authority of this section. The authority may also provide that the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the bonds refunded.

(7) The resolution authorizing the issuance of bonds hereunder shall be once published in the official journal of the state. For a period of thirty days from the date of such publication any person in interest shall have the right to contest the legality of said resolution and of the bonds to be issued pursuant thereto and the provisions securing the bonds. After the expiration of said thirty days no one shall have any right of action to contest the validity of said bonds or the provisions of the resolution pursuant to which the bonds were issued, and all such bonds shall be conclusively presumed to be legal, and no court shall thereafter have jurisdiction to inquire into such matters.

(8) This section shall, without reference to any other law of Louisiana, except R.S. 51:1351-51:1355 of which this section is part, constitute full authority for the authorization and issuance of revenue bonds hereunder and no referendum thereon shall be required and no proceedings relating thereto or to the authorization or issuance of such bonds shall be necessary except the adoption of the resolutions herein contemplated and the publication of the resolution authorizing the issuance of the bonds and no other provision of the statutes of Louisiana pertinent to the authorization or issuance of bonds or the adoption of proceedings by governing bodies or requiring the holding of elections or referendums or in anywise impeding or restricting the carrying out of the acts by this section authorized to be done shall be construed as applying to any proceedings had or any acts done pursuant to this section.

(9) The bonds herein authorized to be issued shall not be a debt of the State of Louisiana and nothing herein contained shall be construed as pledging the faith and credit of the state to the retirement of said bonds.

(10) The bonds herein authorized to be issued shall be exempt from taxation.

Acts 1968, No. 605, §5.
La. Rev. Stat. § 51:3 — LA Code / Code revised-statutes / Title 51 / Section 3
Records of transactions; statements of sales; commissions
Status: in_force

Every commission merchant shall keep complete records of all his transactions as such, including all brokerage transactions, full account of all purchases made for or on account of any person, and records of all consignments received, sales made, consignments refused, consignments claimed to be damaged, short, or inferior, with reason for the refusal or claim. He shall make statements, signed and numbered in duplicate, showing all sales made, quantity, and price paid, and he shall furnish to the consignor one copy of the statement or account of sale which shall include the name of the purchaser, his postoffice and street address, immediately upon delivery to the purchaser of the goods sold and the other copy shall be kept on file in the office of the commission merchant. He shall not charge or deduct commissions on consignment on any amount except the amount paid by the purchaser of the consigned goods, which commission shall not exceed ten per centum, except in the case of shrimps where the commission shall not exceed five per centum, and when he has sufficient reasons to refuse a consignment, or claims it seriously damaged or short, he shall immediately communicate with the consignor, stating his reasons.

Amended by Acts 1952, No. 347, §1.
La. Rev. Stat. § 51:1375 — LA Code / Code revised-statutes / Title 51 / Section 1375
Commercial use task force; establishment; chair; membership; consideration; reporting requirement
Status: in_force

A. Prior to January 1, 2023, the office shall establish, facilitate, and maintain a task force to study the commercial effects of the 4.9 GHz band use in this state. The executive director of broadband development and connectivity shall serve as chair of the task force, and the remainder of the task force is to be composed of the following members:

(1) The governor or his designee.

(2) The speaker of the House of Representatives or his designee.

(3) The president of the Senate or his designee.

(4) The chairman of the House Committee on Commerce or his designee.

(5) The chairman of the Senate Committee on Commerce, Consumer Protection, and International Affairs or his designee.

B. The task force shall hold the first meeting no later than January 31, 2022, and shall continue to meet, as often as necessary, until January 1, 2025. The task force shall meet at least twice per calendar year.

C. The task force shall examine how the 4.9 GHz band is being utilized commercially and consider other potential uses for the band.

D. The task force shall submit a report making recommendations as to how to utilize the 4.9 GHz band to the legislature no later than six months before the convening of the 2024 Regular Session.

E. The Division of Administration shall provide staff support as necessary to carry out the provisions of this Section.

Acts 2021, No. 237, §2.
La. Rev. Stat. § 51:1447 — LA Code / Code revised-statutes / Title 51 / Section 1447
Prohibited acts
Status: in_force

A private child support collection agency providing support enforcement services to an obligee in this state or collecting support or arrears from an obligor shall not engage in any act which violates any provision of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq., or the Federal Trade Commission Act, 15 U.S.C. 42 et seq.

Acts 2010, No. 872, §2, eff. July 2, 2010.
La. Rev. Stat. § 51:3072 — LA Code / Code revised-statutes / Title 51 / Section 3072
Legislative findings
Status: in_force

The legislature hereby finds and declares that:

(1) The privacy and financial security of individuals are increasingly at risk due to the ever more widespread collection of personal information.

(2) Credit card transactions, magazine subscriptions, telephone numbers, real estate records, automobile registrations, consumer surveys, warranty registrations, credit reports, and Internet web sites are all sources of personal information and form the source material of identity theft.

(3) The crime of identity theft is on the rise in the United States. Criminals who steal personal information use the information to open credit card accounts, write bad checks, buy automobiles, and commit other financial crimes using the identity of another person.

(4) Identity theft is costly to the marketplace and to consumers.

(5) Victims of identity theft must act quickly to minimize the damage; therefore, expeditious notification of possible misuse of a person's personal information is imperative.

Acts 2005, No. 499, §1, eff. Jan. 1, 2006.
La. Rev. Stat. § 51:3073 — LA Code / Code revised-statutes / Title 51 / Section 3073
Definitions
Status: in_force

As used in this Chapter, the following terms shall have the following meanings:

(1) "Agency" means the state, a political subdivision of the state, and any officer, agency, board, commission, department or similar body of the state or any political subdivision of the state.

(2) "Breach of the security of the system" means the compromise of the security, confidentiality, or integrity of computerized data that results in, or there is a reasonable likelihood to result in, the unauthorized acquisition of and access to personal information maintained by an agency or person. Good faith acquisition of personal information by an employee or agent of an agency or person for the purposes of the agency or person is not a breach of the security of the system, provided that the personal information is not used for, or is subject to, unauthorized disclosure.

(3) "Person" means any individual, corporation, partnership, sole proprietorship, joint stock company, joint venture, or any other legal entity.

(4)(a) "Personal information" means the first name or first initial and last name of an individual resident of this state in combination with any one or more of the following data elements, when the name or the data element is not encrypted or redacted:

(i) Social security number.

(ii) Driver's license number or state identification card number.

(iii) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account.

(iv) Passport number.

(v) Biometric data. "Biometric data" means data generated by automatic measurements of an individual's biological characteristics, such as fingerprints, voice print, eye retina or iris, or other unique biological characteristic that is used by the owner or licensee to uniquely authenticate an individual's identity when the individual accesses a system or account.

(b) "Personal information" shall not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.

Acts 2005, No. 499, §1, eff. Jan. 1, 2006; Acts 2018, No. 382, §1.
La. Rev. Stat. § 51:3163 — LA Code / Code revised-statutes / Title 51 / Section 3163
Requirements for doing business
Status: in_force

A. Motor vehicle service contracts shall not be issued, sold, or offered for sale in this state unless the provider has done each of the following:

(1) Registered with the secretary of state and remains in good standing.

(2) Provided a receipt for, or other written evidence of, the purchase of the motor vehicle service contract to the contract holder.

(3) Provided a copy of the motor vehicle service contract to the service contract holder within a reasonable period of time from the date of purchase.

B. Each provider of a motor vehicle service contract sold in this state shall file an application for an initial registration with the secretary of state consisting of the provider's name, address, and contact person, designating a person in this state for service of process, and providing a listing of all officers, all directors, and all owners of ten percent or more of the business. Additionally, the provider shall file a copy of its basic organizational documents, including articles of incorporation, articles of organization, articles of association, or a partnership agreement.

C. A registration shall be effective for two years unless the registration is denied or revoked. Ninety days prior to the expiration of a registration, a provider shall submit a renewal application on a form prescribed by the secretary of state.

D. Each registrant shall notify the secretary of state of any material change in the registration information within sixty days of the effective date of such change. The notice shall be accompanied by supporting documentation.

E. In order to assure the faithful performance of a provider's obligations to its contract holders and to insure its outstanding obligations, each provider shall comply with the following:

(1) Each motor vehicle service contract shall be insured under a reimbursement insurance policy issued by an insurer licensed, registered, or otherwise authorized to transact the business of insurance in this state, and which complies with the provisions of Subsection F of this Section.

(2) A provider that issues motor vehicle service contracts shall obtain and file with the secretary of state a copy of the reimbursement insurance policy issued to the provider.

(3) The issuer of the reimbursement insurance policy required by this Subsection shall do either of the following:

(a) Maintain surplus as to policyholders and paid-in capital of at least fifteen million dollars.

(b) Maintain surplus as to policyholders and paid-in capital of less than fifteen million dollars but at least equal to ten million dollars and maintain a ratio of net written premiums, wherever written, to surplus as to policyholders and paid-in capital of not greater than three to one.

F. An insurer issuing a reimbursement insurance policy to a provider for any motor vehicle service contract issued, offered for sale, or sold in this state shall comply with all of the following:

(1) Be deemed to have received the premium for the insurance upon the payment of the provider fee by a consumer for a service contract issued by an insured provider.

(2) Provide reimbursement to, or payment on behalf of, the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's nonperformance, provide or pay for, on behalf of the provider, all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider.

(3) Accept a claim arising under the contract directly from a contract holder, if the provider does not comply with any contractual obligation pursuant to the contract within sixty days of presentation of a valid claim by the contract holder.

(4)(a) Terminate or not renew the policy covering service contracts issued in this state only after a notice of termination or nonrenewal is presented to the secretary of state and commissioner of insurance, at least ten days prior to the termination or nonrenewal of the policy.

(b) The termination or nonrenewal shall not reduce the insurer's responsibility for any insured contract issued or sold prior to the date of termination or nonrenewal.

G. Except for the registration requirements of this Section, providers, administrators, and persons marketing, selling, or offering to sell motor vehicle service contracts are exempt from any licensing requirements of this state and shall not be subject to other registration information or security requirements.

H. The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of motor vehicle service contracts by providers and related service contract sellers, administrators, and other persons is not insurance and shall be exempt from all provisions of the Louisiana Insurance Code.

I. Motor vehicle manufacturers are exempt from the registration and financial responsibility requirements of this Section.

J. Nothing in this Section shall be construed to limit the right of the insurer to seek indemnification or subrogation against the provider if the insurer provides or pays, or is obligated to provide or pay, for any covered contractual obligation incurred by the provider.

Acts 2018, No. 592, §2, eff. Feb. 1, 2019; Acts 2020, No. 51, §1, eff. June 5, 2020; Acts 2024, No. 176, §1.
La. Rev. Stat. § 51:2456 — LA Code / Code revised-statutes / Title 51 / Section 2456
Rebate; payments
Status: in_force

A. The rebates authorized in this Chapter shall be paid annually after the employer has filed its application for annual rebate at the end of the employer's fiscal year with Louisiana Economic Development and the department has determined from the information submitted along with such application as provided for in R.S. 51:2457 that the employer is eligible for such rebate for such year.

B.(1) In addition to the rebates provided in this Chapter, an employer who has executed a contract under the provisions of this Chapter and who meets the requirements of R.S. 51:2455(E) shall be entitled to either:

(a)(i) The rebate of sales and use taxes imposed by the state, and imposed by any political subdivision as provided for in Item (B)(1)(a)(ii) of this Section, on purchases of materials used in the construction of a building, or any addition or improvement thereon, for housing any legitimate business enterprise and machinery and equipment used in that enterprise.

(ii) When an advance notification to file an application for benefits under this Chapter is received by the department, the department shall notify the appropriate local governing body, including the office of the sheriff in the case of a law enforcement district, of receipt of the advance notification. An endorsement resolution or letter of approval shall be submitted by the appropriate local governing body within ninety days of receipt of notification from the department that an advance notification to file an application for benefits under this Chapter has been received. If a local governing body fails to submit an endorsement resolution, written reasons for denial, or a written request for delay of consideration of the application within the time allowed, the board may unilaterally approve or deny the request for the rebate of the sales and use taxes imposed by the state only. In the event that all local sales and use taxes are dedicated and are unavailable to be rebated, no endorsement resolution shall be required of a local governing authority before the board considers its application for benefits under this Chapter.

(iii) All requests for a rebate of local sales and use taxes shall be accompanied by the endorsement resolution or letter of approval from the appropriate local governing body in whose jurisdiction the establishment is to be located.

(b)(i) A project facility expense rebate equal to one and one-half percent of the amount of qualified capital expenditures for the facility or facilities designated in the contract.

(ii) For purposes of this Subsection, the term "qualified capital expenditures" shall mean the amounts classified as capital expenditures for federal income tax purposes that are related to the project, plus exclusions from capitalization provided for in Internal Revenue Code Section 263 (a)(1)(A) through (L), minus the capitalized cost of land, capitalized leases of land, capitalized interest, capitalized costs of manufacturing machinery and equipment, to the extent the capitalized costs of manufacturing machinery and equipment are excluded from sales and use tax pursuant to R.S. 47:301(3), and the capitalized cost for the purchase of an existing building. If a business purchases an existing building and capital expenditures are used to rehabilitate the building, only the cost of the rehabilitation shall be considered qualified capital expenditures.

(iii) A qualified business shall be allowed to increase its qualified capital expenditures to the extent the qualified business' capitalized basis is properly reduced by claiming a federal credit.

Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2007, No. 400, §1, eff. July 10, 2007; Acts 2016, No. 663, §1, eff. July 1, 2016.
La. Rev. Stat. § 51:124 — LA Code / Code revised-statutes / Title 51 / Section 124
Competitor, agreements discriminating against; manuals
Status: in_force

A. No person, engaged in commerce shall, in the course of such commerce, lease, sell, or contract for the sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented, for use, consumption, or resale within this state, or fix a price, discount, or rebate on the condition, agreement, or understanding that the purchaser or lessee shall not use or deal in the goods, wares, merchandise, machinery, or other commodities of a competitor of the vendor or lessor, where the effect of the sale, contract for sale, or lease, or the condition, agreement, or understanding is to substantially lessen competition or tends to create a monopoly in any line of commerce.

B. No person engaged in commerce shall, in the course of such commerce in connection with or pursuant to the sale of machines and equipment intended for commercial use, refuse to furnish in connection with and as part of such sales, manuals containing diagrams, instructions and parts lists sufficient to permit the user of the machines and equipment to repair the machines and equipment where such refusal compels the user to obtain repair services from the seller and tends to lessen competition or create a monopoly in any line of commerce. This subsection shall in no manner be applicable to machines and equipment sold for personal use.

C. Definitions. As used in this section:

(1) The term "personal use" shall include any goods, wares, merchandise, machinery, equipment, supplies or other commodities sold primarily for a personal, family or household use.

(2) The term "commercial use" shall include any goods, wares, merchandise, machinery, equipment, supplies, or other commodities sold for the exclusive use in and around an office, plant, factory, store, or any other commercial establishment.

Amended by Acts 1970, No. 669, §1.
La. Rev. Stat. § 51:912.9 — LA Code / Code revised-statutes / Title 51 / Section 912.9
Violations; limitations
Status: in_force

A. If a builder violates this Part by failing to perform as required by the warranties provided in this Part, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court costs, arising out of the violation. The damages with respect to a single defect shall not exceed the reasonable cost of repair or replacement necessary to cure the defect, and damages with respect to all defects in the home shall not exceed the original purchase price of the home.

B. The parties may provide for the arbitration of any claim in dispute. Any arbitration shall comply with and may be binding only to the extent provided in R.S. 9:4201 et seq.

Acts 2012, No. 112, §1.