La. Rev. Stat. § 51:709 — LA Code / Code revised-statutes / Title 51 / Section 709
Exempt transactions
Status: in_force

Except as expressly provided in this Section, R.S. 51:703 shall not apply to any offer or sale of a security in connection with any transaction described in Paragraph (1), (2), (6), (7), (8), (9), (11), (12), (13), or (17) of this Section, and R.S. 51:705 shall not apply to any offer or sale of or subscription for any security in connection with any of the following transactions:

(1) Any transaction by an executor, administrator, or guardian who is not an affiliate of the issuer of the security sold or offered for sale or by a sheriff, marshal, conservator, receiver, or trustee in bankruptcy.

(2) Any transaction executed by a bona fide pledgee without any purpose of evading this Part.

(3)(a) Any transaction in securities not involving the issuer of the securities or an underwriter of the securities.

(b) Any transaction between the issuer or other person on whose behalf the offering is made and an underwriter, or among underwriters.

(4) Any transaction in securities, including the participation therein of affiliates, dealers, or other persons, that is made in compliance with the requirements of Rule 144 ("Rule 144") or Rule 144A ("Rule 144A") of the General Rules and Regulations promulgated by the Securities and Exchange Commission under the Securities Act of 1933, as amended, as it now exists or may hereafter be amended, or any similar successor rule, regulation, or federal statutory exemption of like import, or any federal rule, regulation, or statute that the commissioner determines by rule or regulation to be the functional equivalent of a successor to Rule 144 or Rule 144A.

(5)(a) Any transaction in securities pursuant to a registration statement effective under the Securities Act of 1933, as now or hereafter amended, or of securities exempt from the registration requirements of such Act pursuant to Tier 2 of Regulation A, B, E, or F adopted under Section 3(b) or 3(c), or pursuant to any other exemption under such sections which the commissioner has, by rule or regulation, approved, but only during the continuance of such exemption, provided that the commissioner has received prior to such sale:

(i) A notice of intention to sell which has been executed by the issuer, any other person on whose behalf the offering is to be made, a dealer registered under this Part, or any duly authorized agent of any such person and which sets forth the name and address of the applicant, the name and address of the issuer, and the title of the securities to be offered in this state.

(ii) A copy of the initial registration statement, excluding exhibits, or the notification on Uniform Notice of Regulation A - Tier 2 Offerings, Form 1-B, 1-E, or 1-F, or any substituted form, and related offering circular or offering sheet, but excluding other exhibits, filed with the Securities and Exchange Commission or, in the case of an exemption under Section 3(b) or 3(c) of such Securities Act of 1933 which has been approved by the commissioner under this Paragraph, copies of such information or documents as the commissioner may, by rule or regulation, require.

(iii) A filing fee of one-tenth of one percentum of the aggregate price of the securities to be offered to be sold in this state, but in no case shall the fee be less than one hundred dollars nor more than one thousand dollars, and in addition thereto shall pay a charge of two hundred fifty dollars, to be used to defray the expenses of the commissioner. All fees and charges paid in accordance with this Paragraph, whether paid at the time of filing or at the time of renewal, shall be transmitted to the state treasurer for credit to the state general fund, except that the two hundred fifty dollar fee hereinabove provided shall be retained by the commissioner to be used for the enforcement of this Part generally.

(iv) A consent to service of process in the form prescribed by R.S. 51:718 which has been executed by the person which executed the notice of intention to sell unless such person has previously filed with the commissioner an irrevocable consent to service of process in the form prescribed by R.S. 51:718.

(b) The commissioner, after receiving the items called for by Items (a)(i) through (iv) of this Paragraph, shall issue a written and dated receipt therefor to the person which executed the notice of intention to sell. In the event any offer is to be made pursuant to this exemption more than twelve months after the date on which the commissioner issues his receipt under this Paragraph, then it shall be necessary for the issuer to file with the commissioner a copy of the prospectus which the issuer is currently utilizing for the purpose of making such offer and a renewal fee as provided in R.S. 51:706(H). After receiving such prospectus and fee, the commissioner shall issue a written and dated receipt. The issuer shall be required to comply with these renewal requirements every twelve months so long as the offering shall continue in this state. The issuance by the commissioner of any receipt called for by this Paragraph shall not be a condition to the effectiveness of the exemption provided within the provisions of this Paragraph.

(6)(a) Any transaction involving the issuance and delivery of securities by an issuer to its own security holders as a result of a dividend or other distribution, whether the person distributing the dividend or other distribution is the issuer of the security or not, a split of securities, or recapitalization, provided that the recipient does not pay any consideration or surrender the right to a distribution in cash or property other such* securities; or

(b) The sale of any fractional interest resulting from such dividend, split, distribution, or registration, or from any transaction described in and exempted by Paragraph (12) of this Section.

(7) Any transaction involving the sale of securities to a bank, savings institution, trust company, insurance company, investment company as defined in the Investment Company Act of 1940, as now or hereafter amended, real estate investment trust, small business investment corporation, pension or profit-sharing plan or trust, other financial institution, or a dealer, whether the purchaser is acting for itself or in some fiduciary capacity.

(8) Any transaction pursuant to an offer exclusively to existing security holders of the issuer or a subsidiary of the issuer, including persons who at the time of the transaction are holders of convertible securities of the issuer or a subsidiary of the issuer, if no commission or other remuneration is paid or given directly or indirectly for soliciting any security holder in this state.

(9) Any transaction involving the issuance of a security:

(a) In connection with a stock bonus or acquisition plan requiring payment of no consideration other than services.

(b) In connection with an employee stock purchase plan as defined in Section 423 of the Internal Revenue Code of 1954, as now or hereafter amended, or a stock bonus plan, pension plan, profit-sharing plan, or retirement plan for employees or self-employed individuals qualified under Section 401 of the Internal Revenue Code of 1954, as now or hereafter amended, or individual retirement accounts qualified under Section 408 of the Internal Revenue Code of 1954, as now or hereafter amended; provided, however, the issuance of any such security representing an interest in a collective investment fund shall be exempt only if such security is issued pursuant to a plan established and administered by a bank organized under the laws of the United States or any bank or trust company organized and supervised under the laws of any state of the United States or sponsored by an investment company registered under the Investment Company Act of 1940, as now or hereafter amended, or sponsored by an insurance company licensed to do business in this state.

(c) In connection with a stock option plan in which no person except an employee of the issuer or of an affiliate of such issuer may participate, if no consideration is paid for any options granted other than services.

(d) In connection with the issuance of securities upon the exercise of options granted pursuant to such a stock option plan.

(10)(a) Any offer, but not a sale, of a security for which a registration statement has been filed under the Securities Act of 1933, as now or hereafter amended, if no stop order or refusal order is in effect and no public proceeding or examination looking toward such an order is pending under such act.

(b) Any offer, but not a sale, of a Tier 1 Regulation A security under Section 3(b)(2) of the Securities Act of 1933, where the issuer intends to register the security in multiple states using a coordinated review for these offerings, and conducts its offering in compliance with federal Regulation A as promulgated by the Securities and Exchange Commission.

(11) Any transaction incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims, or property interests, or partly in such exchange and partly for cash.

(12) Any transaction involving the issuance or transfer of securities of the issuer by the issuer or by a subsidiary of the issuer to a corporation or its shareholders or to a partnership, limited liability company, or a business or real estate investment trust or the holders of interests or beneficial interest therein in connection with a merger, consolidation, reclassification of securities, or sale or transfer of corporate, partnership, limited liability company, or trust assets in consideration of the issuance or transfer of such securities, where the transaction must be approved by the vote of the shareholders of the corporation or the holders of interests or beneficial interest of such partnership, limited liability company, or trust pursuant to its articles or certificate of incorporation, corporate charter, partnership agreement, articles of organization, operating agreement, or trust instrument, or the applicable corporation, partnership, limited liability company, or trust statute.

(13) Any transaction involving the issuance of securities of a majority owned subsidiary to its parent or any other majority owned subsidiary of such parent, or the issuance of securities upon organization of an issuer to the parent of such issuer or to the majority owned subsidiaries of such parent, if, after such issuance, the issuer is a majority owned subsidiary of such parent.

(14) Any transaction involving the issuance of a security in connection with a pooled income fund if all of the following conditions are met:

(a) The fund qualifies as a recipient of tax deductible contributions under Section 642(c)(5) of the Internal Revenue Code of 1954, as now or hereafter amended.

(b) Each prospective donor is furnished written disclosures which fully and fairly describe the operation of the fund.

(c) Each person soliciting gifts by means of the fund is either a volunteer or a person who is employed in the overall fundraising activities of the charity that is the beneficiary of the fund and who receives no commission or other special compensation based on the amount of gifts transferred to the pooled income fund.

(d) Either:

(i) A bank organized under the laws of the United States or any bank or trust company organized and supervised under the laws of any state of the United States serves as trustee, investment adviser, or investment manager of the fund; or

(ii) An investment company registered under the Investment Company Act of 1940, as now or hereafter amended, or an insurance company licensed to do business in this state serves as investment adviser or investment manager of the fund.

(15) Any transaction exempted by rule adopted under this Paragraph: The commissioner is granted authority to adopt by rule or regulation limited offering transactional exemptions and procedures pertaining thereto for transactions not involving any public offering, which shall further the objectives of compatibility with federal exemptions and uniformity among the states and which shall set forth such terms and conditions and requiring the filing of such notices and the payment of such fees as the commissioner shall by rule prescribe. The Private Offering Exemptions contained in LAC 10.XIII, Subpart 1, Chapter 7 issued by the commissioner under authority of R.S. 51:710(D), as in effect immediately prior to the effective date of this Paragraph, 1 shall be deemed issued by the commissioner under authority of this Paragraph until thereafter amended or superceded by rule or regulation.

(16) Bonds or notes secured by mortgage upon real estate where the entire mortgage together with all of the bonds or notes secured thereby are sold to a single purchaser at a single sale.

(17) Any offer or sale of a pre-organization certificate or subscription if:

(a) No commission or other remuneration is paid or given directly or indirectly for soliciting any prospective subscriber;

(b) The number of subscribers in this state does not exceed thirty-five; and

(c) No payment is made by any subscriber.

Acts 1985, No. 722, §1; Acts 1986, No. 252, §1; Acts 1989, No. 30, §1, eff. June 15, 1989; Acts 1992, No. 233, §1, eff. June 10, 1992; Acts 1993, No. 475, §7, eff. June 9, 1993; Acts 2006, No. 544, §1, eff. June 22, 2006; Acts 2014, No. 224, §1; Acts 2016, No. 141, §1, eff. May 19, 2016.
La. Rev. Stat. § 51:1438 — LA Code / Code revised-statutes / Title 51 / Section 1438
Uniformity of application and construction
Status: in_force

This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting it.

Added by Acts 1981, No. 462, §1.
La. Rev. Stat. § 51:332 — LA Code / Code revised-statutes / Title 51 / Section 332
Penalty
Status: in_force

Any person or any officer, agent, receiver or member of any firm, company, association or corporation, who violates R.S. 51:331 shall be fined not less than five hundred dollars nor more than five thousand dollars, or imprisoned for not less than one year nor more than two years, or both.
La. Rev. Stat. § 51:3275.3 — LA Code / Code revised-statutes / Title 51 / Section 3275.3
Publication of utility data
Status: in_force

A. The commission shall annually publish a list that includes both of the following:

(1) Energy utilities that offer property owners with multiple meters the option to request an annual consumption report.

(2) Energy utilities that do not offer the option listed in Paragraph (1) of this Subsection.

B. The commission shall do all of the following with the list required by Subsection A of this Section:

(1) Publish on the commission's website.

(2) Distribute to relevant state and local government offices, including but not limited to:

(a) Louisiana Economic Development.

(b) Parishes.

(c) Cities.

C. The commission shall publish the list required by Subsection A of this Section by March first of each year, covering the previous calendar year.

Act 2025, No. 311, §1, eff. June 24, 2025.
La. Rev. Stat. § 51:2013 — LA Code / Code revised-statutes / Title 51 / Section 2013
Penalty
Status: in_force

Any person that violates the provisions of R.S. 51:2008(2) and R.S. 51:2009(1)(a), (b), and (c) and (2) shall be imprisoned for not more than ten years or fined not more than twenty-five thousand dollars, or both.

Acts 2006, No. 392, §1.
La. Rev. Stat. § 51:1413 — LA Code / Code revised-statutes / Title 51 / Section 1413
Enforcement of investigative demands and subpoena
Status: in_force

If any person fails or refuses to file any statement, report, documentary material or physical evidence, or obey any investigative subpoena or demand issued by the attorney general and director, under R.S. 51:1411 or R.S. 51:1412, except as permitted by a protective order issued by an appropriate court, the attorney general and director may apply to the district court having civil jurisdiction in the parish where the person served with the demand or subpoena resides or has his principal place of business, for a rule to show cause why an order compelling compliance should not be issued. Any disobedience of an order compelling compliance under this section by any courts shall be punished as a contempt of court.

Added by Acts 1972, No. 759, §1.
La. Rev. Stat. § 51:1434 — LA Code / Code revised-statutes / Title 51 / Section 1434
Attorney's fees
Status: in_force

If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.

Added by Acts 1981, No. 462, §1.
La. Rev. Stat. § 51:2370.29 — LA Code / Code revised-statutes / Title 51 / Section 2370.29
Compliance during the grant agreement
Status: in_force

The office will conduct an implementation meeting with a grant recipient within thirty days of execution of a grant agreement and will make reporting templates and instructions available at or shortly after the implementation meeting. The office shall require that a grant recipient offer the proposed advertised minimum download and minimum upload speeds of one hundred Mbps download and twenty Mbps upload. A grant recipient that has offered broadband service to at least one thousand consumers for a period of at least five consecutive years shall offer broadband service at prices consistent with offers to consumers in other areas of the state. Any other broadband service provider shall ensure that the broadband service is priced to consumers at no more than the cost rate identified in the project application for the duration of the five-year service agreement. In calculating cost, the grant recipient may adjust annually consistent with the annual percentage increase in the Consumer Price Index in the preceding year. At least annually, a grant recipient shall provide to the office evidence consistent with the Federal Communications Commission attestation that the grant recipient is making available the proposed advertised speed, or a faster speed, as contained in the grant agreement.

Acts 2023, No. 383, §1.
La. Rev. Stat. § 51:3272 — LA Code / Code revised-statutes / Title 51 / Section 3272
Applicability
Status: in_force

This Chapter applies to any housing provider that utilizes third-party billing to manage utility billing for a residential unit with an individual meter and is offered for lease or rent.

Acts 2024, No. 577, §1.
La. Rev. Stat. § 51:911.30 — LA Code / Code revised-statutes / Title 51 / Section 911.30
Serial numbers on manufactured and modular homes
Status: in_force

A serial number shall be stamped by the manufacturer on the header plate or front cross member of the frame so that it can be easily read. It may not contain more than fifteen digits. Any multiple units shall contain the same serial number with letters of the alphabet designating that each is a different separate unit. Starting with the letter "A", each unit addition shall be in alphabetical order. The letter shall be stamped at the end of the serial number.

Acts 1974, No. 281, §1. Amended by Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 1997, No. 161, §1; Acts 2001, No. 718, §2; Acts 2017, No. 221, §1.
La. Rev. Stat. § 51:1604 — LA Code / Code revised-statutes / Title 51 / Section 1604
Implementation and Administration
Status: in_force

The secretary of natural resources, to the maximum extent practicable, shall:

A. Conduct a study and review of conditions presently existing within the state with regard to powerplants and industries to determine the impact of the mandated use of or conversion to coal or other alternate fuels in lieu of natural gas and petroleum.

B. If deemed in the public interest of the state, work in conjunction with the Department of Energy in the implementation of the Powerplant and Industrial Fuel Use Act of 1978, 1 including the adoption of regulations thereunder.

C. Take such actions as may from time to time assist in the prevention or postponement of the use of or conversion to coal or other alternate fuel through exemption procedures or other applications of available state or federal laws and regulations.

D. Take such actions as may from time to time assist industries and powerplants within the state in their use of or conversion to coal or other alternate fuels in lieu of natural gas and petroleum when such use or conversion is mandated or voluntarily undertaken by industries and powerplants.

E. Take such actions in conjunction with the assistant secretary of conservation that will insure that, to the maximum extent possible, natural gas affected by such conversion will be retained in the state.

F. Repealed by Acts 1983, No. 705, §7, eff. Sept. 1, 1983.

G. Determine the type of facility which shall qualify as a support facility as defined in this Chapter and adopt rules and regulations pursuant to the Louisiana Administrative Procedure Act providing for the licensing of such support facilities. The regulations providing for the issuance of a license authorizing the construction and operation of support facilities shall establish qualifications for an applicant for a license. Any license issued pursuant to this Section shall contain and be subject to such terms and conditions as the secretary deems necessary to comply with the purposes and intent of this Chapter, which terms and conditions may include the requirement that the licensee participate in a state plan as otherwise authorized herein and established by the secretary.

H. No person shall construct or operate or cause to be constructed or operated within the state any support facility without first obtaining a license issued by the secretary pursuant to this Chapter and the regulations promulgated hereunder; provided, however, that the license provisions of this Chapter shall not apply to support facilities constructed and operated by a powerplant or industry for its own use, provided that no less than sixty days prior to constructing such facility, the powerplant or industry shall notify the secretary in writing of the type and location of the support facility planned. The secretary shall thereafter take into consideration the effect of such facility in determining the necessity for licensing additional facilities of that type in the region affected.

I. To the extent determined necessary to assist in the use of or conversion to coal or other alternate fuel in the state, construct and operate, or cause to be constructed or operated, support facilities, whether through the department or others; provided, however, that any action which would provide for the ownership or operation of support facilities by the department must be approved by a joint meeting of the House and Senate natural resources committees. The secretary shall be authorized to contract, by lease or otherwise, with licensees under this Chapter or other third parties, for the development, acquisition, construction, operation, and financing of such support facilities. Provided further that nothing in this Chapter shall permit the secretary to acquire, develop, construct, lease, or finance any nuclear facility.

Added by Acts 1979, No. 605, §1. Acts 1983, No. 705, §7, eff. Sept. 1, 1983.

1 42 U.S.C.A. §8301 et seq.
La. Rev. Stat. § 51:911.33 — LA Code / Code revised-statutes / Title 51 / Section 911.33
Agent for service of process
Status: in_force

Every person licensed by the commission domiciled outside of the state of Louisiana who does not maintain an office or place of business in Louisiana and who does not have any other agent designated for service of process shall by his application for a license appoint the secretary of state of Louisiana as his agent for service of process in an action or proceeding on a cause of action related to the business activity of such license.

Acts 1974, No. 281, §1; Acts 2001, No. 718, §2.
La. Rev. Stat. § 51:1045.1 — LA Code / Code revised-statutes / Title 51 / Section 1045.1
Legislative findings
Status: in_force

The legislature finds that poverty is one of the greatest enemies of human dignity and undermines the general welfare of the people of Louisiana. It destroys the liberty our ancestors fought so hard to preserve, a fight that continues today. The legislature continues to promote the health, safety, education, and welfare of the people of Louisiana by enacting this Part to combat poverty.

Acts 2005, No. 404, §1.
La. Rev. Stat. § 51:2257 — LA Code / Code revised-statutes / Title 51 / Section 2257
Complaints of discrimination; procedure; conciliation agreements; enforcement
Status: in_force

A. An individual claiming to be aggrieved by an unlawful practice, a member of the commission, or the attorney general may file with the commission a written sworn complaint stating that an unlawful practice has been committed, setting forth the facts upon which the complaint is based, and setting forth facts sufficient to enable the commission to identify the persons charged, hereinafter referred to as the "respondent". The commission staff or a person designated pursuant to its rules shall promptly investigate the allegations of unlawful practice set forth in the complaint and shall within five days furnish the respondent with a copy of the complaint. The complaint shall be filed within one hundred eighty days after the alleged unlawful practice occurs.

B. The commission or an individual designated pursuant to its rules shall determine, within thirty days after the complaint has been filed, whether there is probable cause to believe the respondent has engaged in an unlawful practice. If it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice, the commission shall issue an order dismissing the complaint and shall furnish a copy of the order to the complainant, the respondent, the attorney general, and such other public officers and persons as the commission deems proper.

C. The complainant, within ten days after receiving a copy of the order dismissing the complaint, may file with the commission an application for reconsideration of the order. Upon such application, the commission or an individual designated pursuant to its rules shall make a new determination, within ten days, whether there is probable cause to believe that the respondent has engaged in an unlawful practice. If it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice, the commission shall issue an order dismissing the complaint and furnishing a copy of the order to the complainant, the respondent, the attorney general, and such other public officers and persons as the commission deems proper.

D. If the staff determines, after investigation, or if the commission determines, after the review provided for in Subsection (B) or (C) of this Section, that there is probable cause to believe that the respondent has engaged in an unlawful practice, the commission staff shall endeavor to eliminate the alleged unlawful practice by conference, conciliation, and persuasion. The terms of a conciliation agreement reached with a respondent may require him to refrain from the commission of unlawful discriminatory practices in the future and make such further provisions as may be agreed upon between the commission or its staff and the respondent. If a conciliation agreement is entered into, the commission shall issue and serve on the complainant an order stating its terms. A copy of the order shall be delivered to the respondent, the attorney general, and such other public officers and persons as the commission deems proper. Except for the terms of the conciliation agreement, neither the commission nor any officer or employee thereof shall make public, without the written consent of the complainant and the respondent, information concerning efforts in a particular case to eliminate an unlawful practice by conference, conciliation, or persuasion whether or not there is a determination of probable cause or a conciliation agreement.

E. At the expiration of one year from the date of a conciliation agreement, and at other times in its reasonable discretion, the commission staff may investigate whether the terms of the agreement have been and are being complied with by the respondent. Upon a finding that the terms of the agreement are not being complied with by the respondent, the commission shall take such action as it deems appropriate to assure compliance.

F. At any time after a complaint is filed, the commission may file an action in the district court in a parish in which the subject of the complaint occurs, or in a parish in which a respondent resides or has his principal place of business, seeking appropriate temporary relief against the respondent pending final determination of proceedings under this Chapter, including an order or decree restraining him from doing or procuring any act tending to render ineffectual any order the commission may enter with respect to the complaint. The court may grant such temporary relief or restraining orders it deems just and proper.

G. Insofar as it is not inconsistent or in conflict with the procedure and practice provided by this Chapter, the Code of Civil Procedure shall apply to proceedings under this Chapter.

H.(1) The complainant may request termination of commission proceedings and the issuance of a notice of the right to file a civil action in district court against the respondent named in the charge, provided the commission has not entered into a conciliation agreement to which the complainant is a party, and further provided that any one of the following apply:

(a) The charge filed with the commission is dismissed by the commission.

(b) The commission has not filed a civil action pursuant to this Section within one hundred and eighty days from the filing of a charge and such charge is still pending.

(2) The notice of the right to file a civil action in district court against the respondent may be issued to any one or more of the following parties:

(a) The person claiming to be aggrieved.

(b) Any person who the charge alleges was aggrieved by the alleged unlawful practice, but only if such charge was filed by a member of the commission.

(3)(a) The complainant and the respondent may agree to submit the complaint to voluntary binding arbitration at any time after the filing of a complaint and prior to the taking of testimony at a public hearing. The submission agreement shall be in writing and shall be signed by all parties.

(b) The arbitration proceeding shall be administered by the commission, or such other party as the commission deems proper, pursuant to procedures adopted for the arbitration of cases submitted under the commission's authority. The commission shall select an arbitrator from a list provided and certified by a national recognized professional arbitration association. The selection shall be subject to agreement by all parties.

(c) The arbitrator shall have the same authority to hear and determine claims asserted under the human rights law as would the commission or a court of competent jurisdiction. The arbitrator shall also have such additional authority as the complainant(s) and respondent(s) may grant to the arbitrator.

(d) The determination and award of the arbitrator shall be final and binding. The determination and award of the arbitrator shall not be vacated, modified, or overturned except for reasons limited to corruption, fraud, or misconduct on behalf of any party in the obtaining of the determination and award.

(e) The complainant and respondent shall share equally in the administrative costs of the arbitration, including arbitrator fees, unless the commission, in good faith deems it necessary to utilize some other formula for sharing the cost of the arbitration.

(4) It shall be an unlawful practice for a party to a voluntary binding arbitration pursuant to this Subsection to violate the terms of the arbitration.

Acts 1988, No. 886, §1; Acts 1995, No. 1314, §1, eff. July 1, 1995; Acts 1997, No. 1409, §3, eff. Aug. 1, 1997.
La. Rev. Stat. § 51:2320.1 — LA Code / Code revised-statutes / Title 51 / Section 2320.1
Conflict of interest prohibited; recusal; exceptions
Status: in_force

A. No member of the corporation, employee thereof, or employee of Louisiana Economic Development who is provided as staff to the corporation shall either directly or indirectly be a party to or be in any manner interested in any contract or agreement with the corporation for any matter, cause, or thing whatsoever by reason whereof any liability or indebtedness shall in any way be created against such corporation. If any contract or agreement shall be made in violation of the provisions of this Section the same shall be null and void and no action shall be maintained thereon against the corporation.

B.(1) The prohibition described in Subsection A of this Section shall not apply to a member of the corporation or an employee thereof if the respective member recuses himself from voting on the otherwise prohibited contract or agreement.

(2) Any member of the corporation who recuses himself from voting pursuant to the provisions of this Subsection shall also be prohibited from participating in any discussion or debate with respect to the otherwise prohibited contract or agreement.

Acts 1992, No. 1136, §1, eff. Jan. 1, 1994; Acts 2018, No. 308, §1.
La. Rev. Stat. § 51:525 — LA Code / Code revised-statutes / Title 51 / Section 525
Name of Part
Status: in_force

This Part may be cited as the "Fair Practice Law."
La. Rev. Stat. § 51:713 — LA Code / Code revised-statutes / Title 51 / Section 713
Stop orders and injunctions against violations; receivers or auditors; criminal prosecutions
Status: in_force

A. Whenever it may appear to the commissioner, either upon complaint or otherwise, that any person has engaged in or is engaging in or is about to engage in any act or practice or transaction which is prohibited by this Part or by any rule, regulation, or order of the commissioner promulgated or issued pursuant to any Section of this Part, or which is declared to be unlawful under this Part, the commissioner may, at his discretion, act under any or all of the following Paragraphs:

(1) Issue an order, if he deems it to be appropriate in the public interest or for the protection of investors, prohibiting such person from continuing such act, practice, or transaction, subject to the right of such person to a hearing as provided in R.S. 51:716.

(2) Apply to any judicial district court in this state for an injunction restraining such person and his agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or engaging therein or doing any acts in furtherance thereof and for appointment of a receiver or an auditor and such other and further relief as the facts may warrant.

(3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the attorney general, who may, at his individual discretion, institute the necessary criminal proceedings.

B. In any proceedings for an injunction, the commissioner may apply for and be entitled to have issued the court's subpoena requiring:

(1) The appearance forthwith of any defendant and his agents, employees, partners, officers, or directors.

(2) The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of investors as the facts may warrant.

C. In any criminal proceeding either the district attorney or the attorney general or both may apply for and be entitled to have issued the court's subpoena requiring:

(1) The appearance forthwith of any defendant or his agents, employees, partners, officers, or directors.

(2) The production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings.

Acts 1985, No. 722, §1.
La. Rev. Stat. § 51:1406 — LA Code / Code revised-statutes / Title 51 / Section 1406
Exemptions
Status: in_force

The provisions of this Chapter shall not apply to:

(1) Any federally insured financial institution, its subsidiaries, and affiliates or any licensee of the Office of Financial Institutions, its subsidiaries, and affiliates or actions or transactions subject to the jurisdiction of the Louisiana Public Service Commission or other public utility regulatory body, the commissioner of financial institutions, the insurance commissioner, the financial institutions and insurance regulators of other states, or federal banking regulators who possess authority to regulate unfair or deceptive trade practices.

(2) Acts done by the publisher, owner, agent or employee of a newspaper, periodical or radio or television station or other advertising medium in the publication or dissemination of an advertisement when the publisher, owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement, did not prepare the advertisement and did not have any direct financial interest in the sale or distribution of the advertised product or service.

(3) No seller of any product or service who disseminates any advertisement or promotional material in this state shall be liable under this Chapter if he receives the advertisement or promotional material from a manufacturer, packer, distributor, or other seller from whom he has purchased the product or service unless he refused on the request of the attorney general to provide the name and address of the manufacturer, packer, distributor, or other seller from whom he has purchased the product or service and said seller also agrees to enter into an assurance of voluntary compliance as prescribed by this Chapter from disseminating any such advertisement or promotional material thereafter. This exemption does not in any way limit the right of action any consumer may have under this Chapter.

(4) Any conduct which complies with section 5(a)(1) of the Federal Trade Commission Act [15 U.S.C., 45(a)(1)], as from time to time amended, any rule or regulation promulgated thereunder and any finally adjudicated court decision interpreting the provisions of said Act, rules and regulations.

Added by Acts 1972, No. 759, §1; Acts 2000, 1st Ex. Sess., No. 34, §3, eff. April 14, 2000; Acts 2006, No. 171, §1; Acts 2006, No. 218, §1, eff. June 2, 2006.
La. Rev. Stat. § 51:541 — LA Code / Code revised-statutes / Title 51 / Section 541
Purchasers and carriers; records of purchases and shipments
Status: in_force

All purchasers of green or salted hides and all common carriers receiving for sale or shipment, green or salted hides, shall demand and receive of the seller or shipper, a full description of all marks and brands on such hides which shall be verified by the purchaser or common carrier and such purchaser or common carrier shall keep a record of such sales or shipments if the sale or shipment does not exceed five hides, with a description of the marks and brands. This record shall at all times be open for public inspection and preserved for a period of three months from its date.
La. Rev. Stat. § 51:3108 — LA Code / Code revised-statutes / Title 51 / Section 3108
Deposit of public funds by state
Status: in_force

A. The treasurer may deposit public funds with a financial institution designated as a banking district depository.

B. Subject to an agreement between the treasurer and the banking district depository, public funds deposited in the banking district depository may earn a fixed interest rate that is at or below the financial institution's posted two year certificate of deposit rate.

Acts 2007, No. 255, §1.
La. Rev. Stat. § 51:45 — LA Code / Code revised-statutes / Title 51 / Section 45
Administration
Status: in_force

A. The consumer protection section of the Department of Justice shall administer the provisions of this Part and shall have the authority to promulgate and adopt, pursuant to the Administrative Procedure Act, such rules and regulations as may be necessary for such administration.

B. All documents submitted to the consumer protection section pursuant to this Part shall be subject to the Public Records Act.

Acts 1995, No. 669, §1.
La. Rev. Stat. § 51:196 — LA Code / Code revised-statutes / Title 51 / Section 196
Filing methods
Status: in_force

A.(1) The secretary of state may accept any filing required in Chapters 1 and 7 of this Title by electronic, online, or facsimile transmission. All online filings authorized pursuant to the provisions of this Section shall include an electronic signature.

(2) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(3) "Online" means through the secretary of state's commercial online computer system.

B. Printed documents transmitted through the process of an electronic method to the secretary of state are deemed to be properly signed when the document received by a facsimile machine or document image attachment in email by the commercial division, office of the secretary of state, purports to be a copy of the original document and contains the signatures required in this Section.

C.(1) The secretary of state is authorized to implement and establish procedures and systems for secure online form filing for the filing of any instrument required to be filed with the secretary of state pursuant to the provisions of Chapters 1 and 7 of this Title.

(2) Any provision that requires an instrument filed pursuant to the provisions of Chapters 1 and 7 of this Title to be subscribed or acknowledged before a notary public may be dispensed with if the instrument is filed and signed electronically as provided in Paragraph (A)(2) of this Section by a person authorized to sign the instrument.

D. Notwithstanding the provisions of this Section, any filing authorized by Chapters 1 and 7 of this Title that the secretary of state has the capability to accept online shall be filed only online.

E. Notwithstanding the provisions of this Section, any filing filed by an individual from a parish with a population of one hundred thousand or less according to the latest federal decennial census may be filed by facsimile transmission or mail.

Acts 2016, No. 554, §4, eff. Jan. 1, 2018.
La. Rev. Stat. § 51:2306 — LA Code / Code revised-statutes / Title 51 / Section 2306
Reports; tax incentives administered by Louisiana Economic Development
Status: in_force

Notwithstanding any provision of law to the contrary, the secretary of Louisiana Economic Development shall report to the Joint Legislative Committee on the Budget information concerning the granting and denial of tax credits and rebates, hereinafter referred to as "tax incentives", administered by the department authorized under this Title. On January thirtieth of each year, the secretary shall transmit to the members of the committee a list of the recipients of each tax incentive, as well as a list of applicants denied tax incentives, over the most recently concluded calendar year. The report shall contain the name and primary place of business of each applicant.

Acts 2011, No. 407, §2, eff. July 5, 2011; Acts 2011, No. 415, §2, eff. July 11, 2011; Acts 2011, No. 416, §2, eff. July 1, 2011.
La. Rev. Stat. § 51:1945.1 — LA Code / Code revised-statutes / Title 51 / Section 1945.1
Mandatory disclosure of nonconformity to warranty by sellers
Status: in_force

A.(1) Upon the sale or transfer of title by a manufacturer, its agent, or any dealer of any second-hand motor vehicle, previously returned to a manufacturer for nonconformity to its warranty pursuant to the requirements of this Chapter, the manufacturer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner setting forth the following information in ten point, all capital type:

"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION WAS NOT FIXED WITHIN THE TIME PROVIDED BY LOUISIANA LAW."

(2) Such notice that a vehicle was returned to the manufacturer because it did not conform to its warranty shall also be conspicuously printed on the motor vehicle's certificate of title.

B. The failure of a dealer to deliver to the buyer the instrument required by this Section shall constitute a violation of this Chapter and shall be punishable by a fine of not less than five hundred dollars nor more than one thousand dollars for each violation.

Acts 1992, No. 603, §1.
La. Rev. Stat. § 51:2370.5 — LA Code / Code revised-statutes / Title 51 / Section 2370.5
Administrative and judicial review
Status: in_force

A.(1) An aggrieved party may submit a protest of an award in accordance with this Section. The period for protesting an award shall be thirty days from the announcement of an award. Protests shall be submitted in writing, accompanied by all supporting documentation, and shall be considered by the office in connection with the review of the application and award. Any provider submitting a protest shall attest that the information in the protest is accurate and that the protest is submitted in good faith. The office may deny any protest or application that contains inaccurate information.

(2) The director or his designee shall have authority, prior to the commencement of an action in court concerning a protest arising under this Subpart, to settle and resolve the protest of an aggrieved party concerning a grant award. An aggrieved party may also submit a protest of eligibility of an application only if the aggrieved party has facilities in the area or intends to deploy broadband services within the next twenty-four months, as a result of receiving public funds specifically for broadband deployment or if the aggrieved party is seeking to privately fund broadband deployment in accordance with R.S. 51:2370.3. This authority shall be exercised in accordance with applicable regulations.

(3) If the basis of the protest of an award is that an application proposes to serve an area that is already served, the office may utilize speed tests that conform to the methodology employed in the Federal Communications Commission's "Measuring Broadband America" report to determine if the protested area or individual households or businesses currently have access to broadband service as defined in this Subpart. All decisions regarding the speed test to be utilized and the manner by which the speed tests are applied shall be made by the director or his designee.

B. If the protest is not resolved by mutual agreement, the director or his designee shall, within seven days, issue a decision in writing. The decision shall:

(1) State the reasons for the action taken.

(2) Inform the protestant of its right to administrative and judicial review as provided in this Subpart.

C. A copy of the decision required by Subsection B of this Section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.

D. A decision required by Subsection B of this Section shall be final and conclusive unless one of the following applies:

(1) The decision is fraudulent.

(2) The party adversely affected by the decision has timely appealed to the commissioner of administration in accordance with Subsection E of this Section.

E. The aggrieved party shall file an appeal with the commissioner of administration within ten days of receipt of a decision issued pursuant to Subsection B of this Section. The commissioner of administration shall have the authority to review and determine any appeal by an aggrieved party from a determination by the director or his designee.

F. On any appeal filed pursuant to Subsection E of this Section, the commissioner shall decide within fourteen days whether the decision concerning a grant application was in accordance with this state's constitution, statutes, and regulations, and the terms and conditions of the application. Any prior determinations by the director or his designee shall not be final or conclusive.

G. A copy of the decision issued pursuant to Subsection F of this Section shall be mailed or otherwise furnished immediately to the protestant and any other party intervening.

H. A decision issued pursuant to Subsection F of this Section shall be final and conclusive unless one of the following applies:

(1) The decision is fraudulent.

(2) The party adversely affected by the decision has appealed to the court as provided for in Subsection I of this Section.

I. The aggrieved party shall file an appeal in the Nineteenth Judicial District Court within seven days of receipt of a decision issued pursuant to Subsection F of this Section. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and any aggrieved party to determine whether an award of a grant is in accordance with this state's constitution, statutes, and regulations. Such actions shall extend to all kinds of actions, whether for monetary damages or for declaratory, injunctive, or other equitable relief.

J. Any party aggrieved by a final judgment or interlocutory order or ruling of the Nineteenth Judicial District Court may appeal or seek review thereof, as the case may be, to the Louisiana Court of Appeal, First Circuit or the Supreme Court of Louisiana, as otherwise permitted in civil cases by law and the constitution of this state. If a court has found in a final judgment that an applicant or protestor has incorrectly designated a location as served or unserved, the office may assess a civil penalty of up to one thousand dollars per incorrectly designated location identified in the GUMBO award process and disputed in litigation.

Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2022, No. 288, §2; Acts 2023, No. 383, §3A.
La. Rev. Stat. § 51:936.1 — LA Code / Code revised-statutes / Title 51 / Section 936.1
One-stop licensing program, creation; Louisiana Economic Development
Status: in_force

A. There shall hereby be created in Louisiana Economic Development a one-stop licensing program. The program to assist businesses in obtaining permits shall be within the department. For the purposes of this Section, "permit" means any license, certificate, registration, permit, or any other form of authorization required by a state agency to engage in a particular commercial activity or act.

B. The program shall provide centralized services to assist businesses in identifying and securing appropriate permits needed to operate a business. The major objective of the program is to reduce the time and paperwork involved in obtaining permits. The program shall enable the business person to obtain this information from a single source. The program shall have centralized licensing services and centralized information services.

C. The department shall render the following assistance:

(1) Assist the business person by providing information on permitting, generally and specifically, and furnish permit forms pertaining to their specific business.

(2) Compile a comprehensive listing of all state permits and categorize the required permits into a comprehensive handbook that is readily available to persons interested in establishing a business enterprise.

(3) Facilitate contacts for an applicant with the proper state agency responsible for processing and reviewing the respective permit application.

(4) Arrange conferences to clarify the interest and requirements of any such state agency with respect to a permit application.

(5) Consider with state agencies the feasibility of consolidating hearings and data required of the applicant.

(6) Assist the applicant in the resolution of outstanding issues identified by the state agency, including delays experienced in permit review.

(7) Coordinate federal, state, and local permit review actions to the extent practicable.

D. The department may accept completed permits from a business owner and shall promptly forward them to the appropriate agency.

E. The department shall not have any authority to approve or issue permits.

Acts 1986, No. 571, §2; Acts 1991, No. 490, §3, eff. July 15, 1991.
La. Rev. Stat. § 51:2762 — LA Code / Code revised-statutes / Title 51 / Section 2762
Definitions
Status: in_force

For purposes of this Chapter, the following terms shall have the following definitions:

(1) "Assistive device" means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state which is used for a major life activity which includes but is not limited to:

(a) Manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual.

(b) Hearing aids, telephone communication devices for the deaf (TDD), assistive listening devices, and other aids that enhance an individual's ability to hear.

(c) Voice synthesized computer modules, optical scanners, talking software, braille printers, and other devices that enhance a sight impaired individual's ability to communicate.

(d) Any other assistive device that enables a person with a disability to communicate, see, hear, or maneuver, but does not include batteries or nonfunctional accessories.

(2) "Assistive device dealer" means a person who is in the business of selling assistive devices.

(3) "Assistive device lessor" means a person who leases assistive devices to consumers, or who holds the lessor's rights, under a written lease. Any assistive device lessor who is also an assistive device dealer shall fulfill all obligations owed to the consumer under this Chapter as both an assistive device dealer and lessor.

(4) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an alternative assistive device.

(5) "Consumer/agency" means any of the following:

(a) The purchaser of an assistive device, including government entities purchasing the device for the benefit of an individual and the individual for whose benefit the device is purchased, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale.

(b) A person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive device.

(c) A person who may enforce the warranty.

(d) A person who leases an assistive device from an assistive device lessor under a written lease.

(e) Any person, with authority, acting on behalf of the consumer/agency.

(6) "Demonstrator" means an assistive device used primarily for the purpose of demonstration to the public.

(7) "Early termination cost" means any expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to the manufacturer. Early termination cost includes a penalty for prepayment under a finance arrangement.

(8) "Early termination savings" means any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer which shall include an interest charge that the assistive device lessor would have paid to finance the assistive device or, if the assistive device lessor does not finance the assistive device, the difference between the total period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.

(9) "Manufacturer" means a person or entity who manufactures or assembles assistive devices and agents of that person or entity, including an importer, distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive device. "Manufacturer" does not include an assistive device dealer or assistive device lessor unless the assistive device dealer or the lessor has manufactured, customized, or assembled the assistive device.

(10) "Nonconformity" means any specific condition or generic defect or malfunction, or any defect or condition of any part, whether it be component or integrated, which substantially impairs the use, value, or safety of an assistive device, but does not include a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by the consumer.

(11) "Reasonable attempt to repair" means that within the term of an express warranty applicable to an assistive device or within one year after first delivery of the assistive device to a consumer, whichever is later, the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers shall have accepted return of an assistive device for repair at least two times, whether the repairs are for the same or different warranty nonconformities; or an assistive device shall have been out of service for an aggregate of at least thirty cumulative days because of warranty nonconformities.

Acts 1993, No. 907, §1, eff. June 23, 1993; Acts 1999, No. 1048, §1, eff. July 9, 1999.
La. Rev. Stat. § 51:6 — LA Code / Code revised-statutes / Title 51 / Section 6
Inspection of records by state officers, etc.
Status: in_force

All books, records, and other papers and documents of all persons, selling on commission any agricultural, horticultural, or other products of the farm, lake, gulf, ocean, or stream may be inspected at any time by the commissioner of agriculture and forestry, the attorney general, any district attorney of the state, or any assistant or representative designated by either of these authorities, for the purpose of:

(1) Searching for evidence of any violation of law;

(2) Correcting any improper or illegal methods that may exist or be practiced in the conduct of the business;

(3) Determining the extent and character of any claim or complaint made by a shipper or consignor; or

(4) Providing for the welfare of the public and upholding the laws of the state.

A written request shall be made to any of these authorities by the consignor or shipper, and such inspection may be made by the consignor, or shipper, in person, or through his authorized representative.

Acts 2009, No. 24, §5, eff. June 12, 2009.
La. Rev. Stat. § 51:1923 — LA Code / Code revised-statutes / Title 51 / Section 1923
Definitions
Status: in_force

For the purposes of this Chapter, the following terms shall have the meanings provided in this Section, unless the context clearly indicates otherwise:

(1) "Approved technology-based businesses" means any qualified Louisiana business that is a qualified Louisiana technology-based business, the investment in which is approved in writing by at least two of the Louisiana research parks at the time.

(2) "Certified capital" means an investment pursuant to R.S. 51:1924(A) and (B) or an investment pursuant to R.S. 22:832(E) into a certified Louisiana capital company.

(3) "Certified Louisiana capital company" means any partnership, corporation, or other legal entity, whether organized on a profit or nonprofit basis, that has as its primary business activity the investment of cash in such a manner as to acquire equity in or provide financing assistance as a licensed business and industrial development corporation to qualified Louisiana businesses that are in need of capital for survival, expansion, new product development, or similar business purposes and that is certified by the commissioner of the office of financial institutions, as meeting the criteria of this Chapter and thus eligible for the tax credit provided in this Chapter.

(4) "Certified Louisiana capital company group" means any one or more certified Louisiana capital companies which share common management or are under common control, whether such management or control is accomplished directly or indirectly.

(5) "Commissioner" means the commissioner of the Office of Financial Institutions within the office of the governor.

(6) "Department" means Louisiana Economic Development.

(7) "Disadvantaged business" means, with respect to all investment pools certified after January 1, 2002, any qualified Louisiana business that has its headquarters located, at the time of investment, in a low-income community, as such term is defined in Section 45(D)(e) of the Internal Revenue Code of 1986, as amended.

(8) "Equity in a qualified Louisiana business" is defined as an interest that in substance and in form is either:

(a) Common stock, preferred stock, or an equivalent ownership interest in a limited liability company, partnership, or other entity.

(b) A loan with a stated maturity of not less than five years which provides for conversion into equity at a future date or has equity features. The department shall promulgate rules to determine what constitutes equity features for the purpose of this definition.

(9) "Investment date" means, with respect to each investment pool, the date on which the investment pool transaction closes.

(10) "Investment pool" means the aggregate of all investments of certified capital in a particular certified Louisiana capital company which are made as part of the same transaction.

(11)(a) "Louisiana research park" means any property-based venture located in the state of Louisiana which has all of the following elements:

(i) Existing or planned land and buildings designed primarily for private and public research and development facilities, high technology and science-based companies, and support services.

(ii) A contractual and/or formal ownership or operational relationship with one or more universities or other institutions of higher education and science research.

(iii) A role in promoting research and development by the university in partnership with industry, assisting in the growth of new ventures, and promoting economic development.

(iv) A role in aiding the transfer of technology and business skills between the university and industry tenants.

(b) A Louisiana research park may be a not-for-profit or for-profit entity owned wholly or partially by a university or a university-related entity. Alternatively, a Louisiana research park may be owned by a non-university entity but have a contractual or other formal relationship with a university, including joint or cooperative ventures between a privately developed research park and a university.

(12) "Qualified investment" means:

An investment that in substance and in form furthers economic development within Louisiana as defined by rule and is either:

(a)(i) A transaction that consists of the investment of cash and results in the acquisition of equity in a qualified Louisiana business; or

(ii) Financing assistance provided in cash to a qualified Louisiana business by a business and industrial development corporation licensed pursuant to the Louisiana Business and Industrial Development Corporation Act, R.S. 51:2386 et seq.

(b) An equity investment or debt investment which has a stated final maturity date of not less than five years from the origination of the debt investment in a qualified venture fund approved by the secretary.

(c) An equity or debt investment in a Louisiana-based economic development infrastructure project approved by the secretary.

(d) An equity or debt investment in a qualified technology fund approved by the secretary.

(13)(a) "Qualified Louisiana business" means a business that at the time of investment meets, or, as the direct result of an investment pursuant to this Chapter would meet, each of the following requirements:

(i) Operates primarily in Louisiana or performs substantially all of its production in Louisiana, or is headquartered in Louisiana with a substantial portion of its assets located in Louisiana and which is in need of capital and is involved in commerce for the purpose of retail, or the manufacturing, processing, or assembling of products, or conducting research and development, or providing services, provided that at least eighty percent of the total employees of such business shall be domiciled in the state of Louisiana and that at least eighty percent of the payroll of such business shall be paid to such employees.

(ii) Has, together with its affiliates, a net worth which is not in excess of eighteen million dollars.

(iii) Has, together with its affiliates, an average annual net income, after federal income taxes, excluding any carry-over losses, for the preceding two completed fiscal years which is not in excess of six million dollars.

(iv) Has, together with its affiliates, no more than five hundred employees.

(b) Any business, which is classified as a qualified Louisiana business at the time of the first investment in said business by a certified Louisiana capital company, shall remain classified as a qualified Louisiana business for any later additional investment into the business by that certified Louisiana capital company, provided each additional investment meets the definition of a qualified investment.

(14) "Qualified Louisiana startup business" means any qualified Louisiana business that is in development or has been operational for less than two years and is in need of capital for pre-startup, startup, survival, expansion, new product development, or similar business purpose or that is determined by the secretary as meeting the criteria of this Paragraph.

(15) "Qualified Louisiana technology-based business" means any qualified Louisiana business that is in need of capital for pre-startup, startup, survival, expansion stage, new product development, or similar business purpose that is engaged in or intends to provide technology-based products or services in information technology, communications, medical, biomedical, advanced materials, food, environmental, micro-manufacturing technologies, or that is determined by the secretary as meeting the criteria of this Paragraph.

(16) "Qualified technology fund" means any venture capital or private equity fund that meets all of the following criteria:

(a) The fund is managed or proposed to be managed directly or indirectly with representation from any of the following Louisiana research parks that elects to provide such representation: the Louisiana Technology Park in Baton Rouge, the University of New Orleans Research and Technology Park in New Orleans, the University Research Park in Lafayette and the InterTech Science Park in Shreveport; or any other technology parks certified by the secretary.

(b) The fund agrees to make all of the investments made by it with the proceeds of any investment from a certified Louisiana capital company in qualified Louisiana technology-based businesses.

(c) The investment policy of the qualified technology fund shall expressly provide that investments from the qualified technology fund may be made in qualified businesses located anywhere within the state of Louisiana.

(d) The fund agrees that the commissioner shall regulate the investment of the certified capital received by the qualified technology fund pursuant to rules promulgated by the secretary.

(17) "Qualified venture fund" means any certified Louisiana capital company that is designated a specialty business and industrial development corporation as defined in this Section and which is further certified by the secretary as meeting all of the following criteria:

(a) The fund's primary investment objectives include investing in Louisiana businesses in amounts not exceeding one million dollars.

(b) The fund agrees to make all of the investments made by it with the proceeds of any investment from a certified Louisiana capital company in qualified Louisiana businesses.

(c) A qualified venture fund shall not be an affiliate of a certified capital company that invests in a qualified venture fund.

(d) A qualified venture fund shall not have raised directly or combined with its affiliates more than ten million in certified capital, excluding any funds invested by a certified capital company as a qualified investment in a qualified venture fund pursuant to this Chapter. For purposes of this definition "affiliate" means a person or legal entity controlling, controlled by or under common control with, another person or legal entity, directly or indirectly through one or more intermediaries.

(e) The fund shall agree that the commissioner shall regulate the investment of the certified capital received by the qualified venture fund pursuant to rules promulgated by the secretary.

(18) "Research park early stage business" means any qualified Louisiana business that is a qualified Louisiana startup business which receives assistance from or has its principal place of business located at a Louisiana research park.

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

(20) "Specialty business and industrial development corporation" means any business and industrial development corporation licensed after January 1, 2002, and approved by the secretary as meeting one or more of the following criteria:

(a) A business and industrial development corporation that provides more than fifty percent of its qualified investments in businesses that are fifty-one percent owned or controlled by minorities or women.

(b) A business and industrial development corporation that provides more than fifty percent of its qualified investments in disadvantaged businesses.

(c) A business and industrial development corporation that is a nonprofit corporation providing more than fifty percent of its qualified investments in disadvantaged businesses or to businesses that are more than fifty percent owned or controlled by minorities or women.

(d) A business and industrial development corporation that is more than fifty percent owned or controlled in its daily operation by minorities or women. For purposes of this Subparagraph, any business and industrial development corporation that has been designated as a specialty business and industrial development corporation by the secretary prior to January 1, 2002, shall be considered a specialty business and industrial development corporation for purposes of this Section.

Acts 1983, No. 642, §1; Acts 1989, No. 496, §1; Acts 1993, No. 279, §2, eff. June 2, 1993; Acts 1996, No. 21, §2, eff. June 27, 1996; Acts 2001, No. 8, §17, eff. July 1, 2001; Acts 2001, No. 9, §9, eff. July 1, 2001; Acts 2001, No. 1122, §1, eff. July 1, 2001; Acts 2002, No. 84, §2, eff. June 25, 2002; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
La. Rev. Stat. § 51:2109 — LA Code / Code revised-statutes / Title 51 / Section 2109
Rulemaking authority
Status: in_force

The Department of Corrections, office of state police, may, in accordance with the Administrative Procedure Act, adopt all rules necessary to implement the provisions of this Chapter provided that any rule promulgated does not conflict with the provisions of 6 U.S.C. 1501 et seq.

Acts 2019, No. 187, §1.
La. Rev. Stat. § 51:656 — LA Code / Code revised-statutes / Title 51 / Section 656
Permit to sell fireworks; application; fees; permit numbers
Status: in_force

A. It is unlawful to sell, construct, or manufacture any items of fireworks without first obtaining a retail permit properly issued by the state fire marshal.

B.(1) Prior to engaging in the sale of fireworks, an applicant shall submit to the state fire marshal an application on a form provided by the state fire marshal, or electronically through the IMS system, on or before June first of each year setting forth any facts and information as the state fire marshal may determine necessary and proper considering the requirements of public health, safety, and welfare. Prior to obtaining and in order to maintain a permit, the facilities of the permittee shall comply with the applicable provisions of the Life Safety Code and subsequent referenced standards as adopted by the state fire marshal pursuant to the provisions of R.S. 40:1578.6.

(2) The retail permit is effective for purchases of wholesale fireworks, and such permit is effective from the date of issuance through midnight December thirty-first of the applicable year. A retailer's permit shall not be issued pursuant to this Part from June sixteenth through July fifth nor from December fifteenth through January first of each year. All other permits issued pursuant to the provisions of this Section are valid from the date issued through midnight April first of the ensuing permit year. All applications filed after April first will be assessed a late fee equal to the amount of the permit required by this Section.

C.(1) The applicant shall pay a permit fee for each type of business conducted and for each location at which the business is conducted, according to the following schedule:

(a) Manufacturer $ 10,000.00

(b) Assembler $ 1,000.00

(c) Distributor $ 2,000.00

(d) Importer $ 500.00

(e) Jobber $ 250.00

(f) Retailer $ 100.00

(2) Permit fees are due at the time of application to the state fire marshal and shall be used to pay for the cost of processing the application. Permit fees are not refundable if the application is denied.

(3) The retailer's permit fee imposed under Paragraph (1) of this Subsection shall be used to pay the costs of processing the application and inspecting the retail premises by the office of state fire marshal, code enforcement and building safety.

D. The state fire marshal shall assign a permit number to each permit issued. The person to whom the permit is issued shall affix this number to all invoices issued or used by each manufacturer, assembler, distributor, importer, jobber, and retailer.

E. It is unlawful for a jobber or retailer who holds a permit issued pursuant to the provisions of this Part to purchase fireworks from a distributor domiciled outside the state of Louisiana unless that distributor can show proof that he holds a valid permit issued as provided in this Part to perform the functions of a distributor and importer. If the distributor does not hold a valid permit, the jobber or retailer is then liable for the permit and shall immediately purchase a permit from the office of state fire marshal.

Added by Acts 1958, No. 63, §8; Amended by Acts 1960, No. 424, §2. Acts 1983, 1st Ex. Sess., No. 33, §5, eff. Jan. 19, 1983; Acts 1984, No. 918, §1, eff. July 20, 1984; Acts 1987, No. 401, §1, eff. Jan. 1, 1988; Acts 1991, No. 589, §1; Acts 1991, No. 614, §1; Acts 2001, No. 667, §1, eff. June 25, 2001; Acts 2012, No. 10, §1; Acts 2015, No. 67, §1; Acts 2018, No. 211, §1, eff. May 15, 2018.
La. Rev. Stat. § 51:2370.35 — LA Code / Code revised-statutes / Title 51 / Section 2370.35
Coordination with parishes and municipalities
Status: in_force

A. Broadband providers receiving funding through the GUMBO 2.0 program shall provide a thirty-day advanced written notice prior to the commencement of GUMBO 2.0 construction activities to the relevant parish or municipality. Nothing in this Section relieves the GUMBO 2.0 grantee of its obligations to comply with local regulations and ordinances.

B. The relevant local governmental subdivision may do either of the following:

(1) Require a one-time GUMBO 2.0 grant assessment for construction and installation of GUMBO 2.0 grant-funded broadband facilities and may charge a corresponding one-time GUMBO 2.0 grant assessment fee not to exceed one thousand dollars.

(2) Require a permit for construction and installation of GUMBO 2.0 grant-funded broadband facilities and may charge a corresponding one-time permit fee not to exceed one thousand dollars.

C. The office shall not award GUMBO 2.0 funding to an eligible applicant's project covering any areas in which the city or parish with authority over the public right of way imposes any form of franchise fee on broadband services or which violates Subsection B of this Section.

Acts 2024, No. 632, §1.
La. Rev. Stat. § 51:1282 — LA Code / Code revised-statutes / Title 51 / Section 1282
Legislative findings and determinations; creation of district
Status: in_force

A. The legislature hereby finds and determines that the state has a role and responsibility in the development of the tourism industry as a means of assisting with the continuing economic problems of the state. The legislature further finds that as a result of the financial condition of the state it has become increasingly difficult to adequately fund tourism promotion. As a result of the foregoing, the legislature determines it essential and necessary to create a tourism assistance district and provide for it a source of revenue in order that it may engage in tourism promotion and development.

B. In furtherance of the aforesaid objective, the state does hereby create a special district to be known as the "Louisiana Tourism Promotion District", as a special taxing district whose boundaries are coterminous with the state of Louisiana and which shall be a body politic and corporate and a political subdivision of the state with all of the powers of a political subdivision and with such further powers and functions as are set forth in this Subpart. It is hereby determined that the creation of the district and the carrying out of its public purpose is in all respects a public and governmental purpose for the improvement of the health, safety, welfare, comfort, and security of the people of the state, and that said purposes are public purposes and that the district will be performing an essential governmental function and meeting a public obligation in the exercise of the powers conferred upon it by this Subpart.

Acts 1990, No. 1038, §1, eff. July 26, 1990.
La. Rev. Stat. § 51:35 — LA Code / Code revised-statutes / Title 51 / Section 35
Issuance of license; fee
Status: in_force

If the mayor or the governing authority of the parish of location is satisfied from the application required by R.S. 51:34 that the proposed sale is of the character which the applicant desires to conduct and advertise, he shall issue a license, upon the payment of the fee of twenty-five dollars, to the person applying, authorizing him to advertise and conduct a sale of the particular kind mentioned in the application according to the requirements of this Part.

Acts 1986, No. 806, §1.
La. Rev. Stat. § 51:710.1 — LA Code / Code revised-statutes / Title 51 / Section 710.1
Commissioner of securities; power to assess civil monetary penalties
Status: in_force

The commissioner, upon notice of opportunity for hearing as provided for in R.S. 51:716, has the right to assess a civil monetary penalty against any issuer, broker-dealer, agent, investment adviser or investment adviser representative, or any other person who violates this Part or any rule, regulation, or order of the commissioner, up to a maximum of five thousand dollars per violation, plus the costs of investigation and prosecution.

Acts 2006, No. 361, §1, eff. June 13, 2006; Acts 2018, No. 73, §1, eff. May 10, 2018.
La. Rev. Stat. § 51:926 — LA Code / Code revised-statutes / Title 51 / Section 926
Meetings of the board; election of officers; committees; rules; records
Status: in_force

The board shall meet not more than thirty days after its membership shall have been filled and shall elect a chairman, a vice-chairman and such other officers as the board shall consider necessary. The board also shall appoint committees and adopt rules of procedure at its initial meeting. The board may meet as often as it deems necessary provided that there shall be not less than four regular meetings each year. The board shall keep an accurate record of all proceedings which shall be open to public inspection. Officers shall be elected for terms of one year and annually thereafter. There shall be no prohibition against officers succeeding themselves.

Acts 1964, No. 403, §1.
La. Rev. Stat. § 51:3208 — LA Code / Code revised-statutes / Title 51 / Section 3208
Promulgation of rules and regulations
Status: in_force

The department shall promulgate, in accordance with the Administrative Procedure Act, any such rules and regulations as are necessary to implement the provisions of the Chapter.

Acts 2019, No. 160, §1.
La. Rev. Stat. § 51:2025 — LA Code / Code revised-statutes / Title 51 / Section 2025
Applicability of Chapter
Status: in_force

This Chapter does not apply to a telecommunications provider's or Internet service provider's good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information.

Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
La. Rev. Stat. § 51:333 — LA Code / Code revised-statutes / Title 51 / Section 333
Violation; contracts void
Status: in_force

All contracts or agreements made in violation of R.S. 51:331 are void.
La. Rev. Stat. § 51:704 — LA Code / Code revised-statutes / Title 51 / Section 704
Suspension or revocation of registration of dealers, salesmen, investment advisers, and investment adviser representatives; requiring current financial statements
Status: in_force

A. The registration of any dealer, salesman, investment adviser, or investment adviser representative may be suspended or revoked by the commissioner as provided in Subsection B of this Section if he finds that such registrant and, in the case of a dealer or investment adviser, any general partner, limited partner, director, managing member, affiliate, or executive officer of such dealer or investment adviser:

(1) Has willfully made or caused to be made in any application for registration under this Part, or in any hearing conducted by the commissioner, any statement which was, at the time and in the light of the circumstances under which it was made, false or misleading with respect to any material fact or has willfully omitted to state in any such application any material fact which is required to be stated therein or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.

(2) In the case of a dealer, does not meet the bonding requirements of this Part or is insolvent in the sense that he cannot meet his obligations as they mature.

(3) Has willfully violated or willfully failed to comply with this Part or a predecessor act, or any regulation or order promulgated or issued under this Part or any predecessor law.

(4) Has been convicted of a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business or has ever been convicted of a felony.

(5) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the securities business.

(6) Is subject to any currently effective order of the Securities and Exchange Commission or the securities administrator of any other state denying registration to or revoking or suspending the registration of such person as a dealer, salesman, investment adviser, or investment adviser representative, or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities Exchange Act of 1934, as now or hereafter amended, suspending or expelling such person from membership in such association or exchange.

(7) Conducts business in purchasing or selling securities in secondary market transactions at such variations from current market prices as, in the light of all the circumstances, are unconscionable.

(8) Has failed to file with the commissioner any financial statement required pursuant to R.S. 51:704(C).

(9) Has failed to reasonably supervise any salesman or investment adviser representative for whom he has supervisory responsibility. The commissioner may adopt rules or regulations for such supervision promulgated in accordance with the Administrative Procedure Act.

(10) Has engaged in dishonest or unethical practices in activity regulated under the provisions of this Part. The commissioner shall adopt rules and regulations in accordance with the Administrative Procedure Act to illustrate examples of such practices providing grounds for suspension or revocation of registration. Such examples shall be for illustrative purposes only and shall not be deemed exclusive.

B.(1) Where the commissioner finds that there are grounds for revocation or suspension as provided in Subsection A of this Section, he may issue an order suspending or revoking the registration of any dealer, salesman, investment adviser, or investment adviser representative. Such order shall not be effective until notice and opportunity for hearing are provided in accordance with R.S. 51:716 and until the commissioner shall issue a written order if such dealer, salesman, investment adviser, or investment adviser representative requests a hearing under R.S. 51:716, but the commissioner may, if he finds that the public safety or welfare requires emergency action, order an immediate suspension of the registration of a dealer, salesman, investment adviser, or investment adviser representative. An order of immediate suspension shall expire automatically if the commissioner fails to afford notice and opportunity for hearing pursuant to R.S. 51:716.

(2) Suspension or revocation of the registration of a dealer or investment adviser shall also suspend or revoke the registration of all his salesmen or investment adviser representatives, respectively, but suspension or revocation of the registration of a salesman or investment adviser representative solely because he was employed by a dealer or investment adviser whose registration was suspended or revoked shall not prejudice subsequent application for registration by such salesman or investment adviser representative.

C. The commissioner may at any time require a dealer or investment adviser to file with him a financial statement showing the financial condition of such dealer or investment adviser as of the most recent practicable date, but such financial statement need not be certified.

Acts 1985, No. 722, §1; Acts 2008, No. 274, §1; Acts 2012, No. 36, §1, eff. May 4, 2012.
La. Rev. Stat. § 51:1761 — LA Code / Code revised-statutes / Title 51 / Section 1761
Legislative findings
Status: in_force

The legislature hereby finds and declares all of the following:

(1) Technological advances over the past ten years and the advent of social media have opened the door to children for learning and exposure to cultures and interests worldwide.

(2) Unfortunately, data shows that over that same ten-year period, American teenagers, ages twelve through fifteen, who use social media over three hours each day faced twice the risk of having negative mental health outcomes, including depression and anxiety symptoms.

(3) The American Academy of Pediatrics declared a national emergency in child and adolescent mental health recognizing that the use of social media can result in poor mental health, poor general health outcomes, cyberbullying-related depression, body image and disordered eating behaviors, poor sleep, and most tragically, death.

(4) The main social media platforms are well aware of the damage that they are doing to our children, but they have largely been held unaccountable and have little desire to self-regulate as their manipulative targeted advertising to children generated an estimated eleven billion dollars in advertising revenue in just one year.

(5) The children of Louisiana deserve better, and since the federal government has failed to take the necessary action to stop data sharing, selling, and targeted advertising, it is incumbent upon Louisiana to protect our children and hold the major social media platforms accountable.

Acts 2024, No. 656, §2, eff. July 1, 2025; Acts 2025, No. 481, §1, eff. July 1, 2026.
La. Rev. Stat. § 51:1037 — LA Code / Code revised-statutes / Title 51 / Section 1037
Duties of the departments; reports
Status: in_force

A. The secretaries of the Departments of Louisiana Economic Development and the Louisiana Department of Health, as provided for in R.S. 36:104(A)(14) and 254(A)(12)(c), respectively, shall submit an annual report to the Senate and House agriculture, forestry, aquaculture and rural development committees, the Senate Committee on Commerce, Consumer Protection and International Affairs, the House Committee on Commerce and the Senate and House health and welfare committees detailing actions taken by the department in furtherance of the provisions of this Chapter.

B. The Louisiana Workforce Investment Council shall submit an annual report to the Senate and House labor and industrial relations committees detailing actions taken by the commission in furtherance of the provisions of this Chapter.

C. The Louisiana Board of Regents shall submit an annual report to the Senate and House education committees detailing actions taken by the board in furtherance of the provisions of this Chapter.

D. Louisiana Economic Development, the Louisiana Department of Health, the Louisiana Workforce Investment Council, and the Louisiana Board of Regents shall coordinate their work with the Department of Children and Family Services and ensure that the Department of Children and Family Services receives copies of all reports submitted to the legislative committees.

Acts 2002, 1st Ex. Sess., No. 162, §3, eff. April 26, 2002; Acts 2003, No. 183, §8; Acts 2005, No. 404, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.
La. Rev. Stat. § 51:2370.3 — LA Code / Code revised-statutes / Title 51 / Section 2370.3
Ineligibility due to funds; submission of census block, shape file area, and address data; time limitations; mapping
Status: in_force

A. A provider that has been fully authorized to receive Universal Service, Connect America Phase II, Rural Digital Opportunity Fund, or other public funds to deploy broadband service using wireline technology may qualify the area for protection by submitting, within sixty days of the close of the application period, a listing of the census blocks, shapefile areas, individual addresses, or portions thereof, comprising the publicly funded project areas meeting this requirement to the office. Any location or area of the state, subject to a Rural Digital Opportunity Fund award, in which the provider receiving the award has proposed to provide broadband internet access service through a technology other than a wireline technology, may be eligible for the GUMBO grant program.

B.(1) A provider with firm plans to privately fund broadband deployment within twenty months may qualify the area for protection by submitting to the office, within thirty days of the close of the application period, a listing of the census blocks, shapefile areas, individual addresses, or portions thereof, comprising the privately funded project areas meeting this requirement. A provider seeking to qualify the area for protection pursuant to this Subsection shall also provide the office with evidence of plans to deploy within twenty months, which shall include detailed project plans, schedules, detailed budgets, or executive affidavits. Providers that block competitive bidding for GUMBO funding through credible evidence of intent to build shall be required to sign a commitment with penalties for failure to execute. The office may, at its discretion, grant an extension of the twenty-month period provided in this Paragraph.

(2) A provider seeking to privately fund broadband deployment in accordance with this Subsection shall construct and provide deployable broadband service within the twenty-month period to at least eighty percent of the designated locations; however, the office may, at its discretion, grant an extension to this twenty-month period.

(3)(a) The office shall require any provider seeking to privately fund broadband deployment in accordance with this Subsection to furnish a bond to guarantee the faithful performance of work.

(b) The performance bond required by this Paragraph shall be in an amount equal to the cost of construction and deployment.

(4) If a provider fails to perform as required by this Subsection and the performance bond is due, the provider shall be ineligible for any state-administered federal grant program designated for broadband development services.

C.(1) A local governing authority may submit in writing to the office an objection to any provider that seeks to bid to deploy broadband services in the local governing authority's area if the provider has received a letter grade rating of "D" or "F" from the Better Business Bureau.

(2) At the request of the local governing authority that submits an objection in accordance with this Subsection, a provider shall be ineligible to bid to deploy broadband services.

D. In future program years, the deadline for submitting the census blocks, shapefile areas, individual addresses, or portions thereof shall be established by the office but shall not be less than sixty days prior to the beginning date of the application period. This will enable the office to update maps and advise applicants as to the unserved areas of the state that are ineligible for consideration in that program year.

E. The office shall only utilize the data to update maps of census blocks, shapefile areas, individual addresses, or portions thereof and to reflect the census blocks, shapefile areas, individual addresses, or portions thereof as being served.

F. In no instance shall an applicant be required to provide any data beyond that which it is required to provide to the Federal Communications Commission pursuant to the Broadband Deployment Accuracy and Technological Availability Act pursuant to 47 U.S.C. 641 et seq.

G. Failure on the part of a provider to submit the listing of census blocks, shapefile areas, individual addresses, or portions thereof by the deadline shall result in those areas being ineligible for exclusion under the GUMBO program during the upcoming program year. A provider using wireline technology that has facilities in the area or that intends to deploy broadband service within twenty-four months, as a result of receiving public funds specifically for broadband deployment or upon providing the office with evidence of firm plans to privately fund deployment, shall be able to protest ineligibility.

H. The office shall use the provided census blocks, shapefile areas, individual addresses, or portions thereof only for mapping of unserved areas.

I. Upon expiration of the twenty-four month reservation period described in Subsection G of this Section, a provider that has received a reservation of census blocks, shapefile areas, individual addresses, or portions thereof shall submit written documentation by April thirtieth of the year following the program year that the initiation of activity related to broadband infrastructure will or has begun in the census blocks, shapefile areas, individual addresses, or portions thereof, that have been deemed ineligible by the office due to the existence of a federally funded project area.

J.(1) The office shall secure information from any entity, public or private, providing internet service to at least one location in this state to assist the office in compiling a statewide parish-by-parish broadband map identifying the locations and capability of broadband service in this state. At the request of the office, any such entity shall submit to the office, on or before fifteen days following the expiration of the date required for submission of broadband deployment information to the federal government, any such broadband deployment information. The information provided to the office shall contain the same information and be provided in the same format as the information that was submitted to the Federal Communications Commission, in a manner specified by the office. In no instance shall an entity be required to provide any data beyond that which it is required to provide to the Federal Communications Commission.

(2) Any entity, public or private, providing internet service to at least one location in this state, that does not comply with the requirements of this Section or that submits inaccurate information, may be ineligible to participate in, or receive any funding from, any state-administered grant program designated for broadband infrastructure deployment in this state in the calendar year of noncompliance and the following calendar year.

(3) Any location in this state purportedly served by any entity, public or private, providing internet service to at least one location in this state, that does not comply with the requirements of this Section may be considered to have internet access service of less than one hundred megabits per second for download and twenty megabits per second for upload.

(4) Any broadband availability data provided in accordance with this Section shall be used solely for the purpose of identifying served, underserved, and unserved areas to aid in the administration of the GUMBO program and for no additional purpose.

(5) Any entity submitting broadband data to the office as required by this Section may review the proposed draft of the state broadband map and submit any necessary corrective data to the office prior to the publication or utilization of the state broadband map for any state-administered grant program designated for broadband infrastructure deployment in this state.

(6) Any entity submitting broadband data to the office as required by this Section may challenge any area ultimately deemed eligible for any state-administered grant program designated for broadband infrastructure deployment in this state that overlaps with an entity's verified service territory.

K.(1) The office may contract with a private entity or third-party consultant to develop and maintain the state broadband map. Any contract entered into by the office and a private entity or third-party consultant for the purpose of developing and maintaining the state broadband map shall include a confidentiality agreement prohibiting the disclosure of any broadband data provided in accordance with this Section.

(2) Information compiled pursuant to the provisions of Subsection J of this Section shall be exempt from the Public Records Law and shall be considered confidential, proprietary, and a trade secret of the internet service provider providing the information. The office, including any private entity or third-party consultant retained or employed pursuant to this Section, shall keep strictly confidential and shall not disclose, or cause or permit to be disclosed, to any third person, private entity, or public body as defined in R.S. 44:1, any broadband availability data provided in accordance with Subsection J of this Section. The office, including any private entity or third-party consultant retained or employed pursuant to this Section, shall take all actions reasonably necessary to ensure that the broadband availability data remains strictly confidential and is not disclosed to or seen, used, or obtained by any third person, private entity, or public body as defined in R.S. 44:1.

(3) The requirements of this Section shall terminate under any one of the following conditions, whichever occurs first:

(a) A determination by the office that it is no longer necessary to compile a statewide parish-by-parish broadband map identifying the locations and capability of broadband service in this state.

(b) At midnight on December 31, 2026.

(4) The office may promulgate rules necessary to carry out the provisions of this Section in accordance with the Administrative Procedure Act.

Acts 2021, No. 477, §1, eff. July 1, 2021; Acts 2022, No. 288, §2; Acts 2023, No. 383, §3A.
La. Rev. Stat. § 51:1552 — LA Code / Code revised-statutes / Title 51 / Section 1552
Written contract required
Status: in_force

Every contract for dance studio lessons and other services shall be in writing and shall be subject to the provisions of this Chapter. A copy of the written contract shall be given to the customer at the time he signs the contract.

Added by Acts 1979, No. 533, §1.
La. Rev. Stat. § 51:2103 — LA Code / Code revised-statutes / Title 51 / Section 2103
Definitions
Status: in_force

The terms "cyber threat indicator" and "defensive measure information" have the meaning ascribed to them by 6 U.S.C. 1501 et seq.

Acts 2019, No. 187, §1.
La. Rev. Stat. § 51:1262 — LA Code / Code revised-statutes / Title 51 / Section 1262
Welcome center sites; authorization; sale of juried Louisiana native crafts; fees authorized for capital improvements
Status: in_force

A. The following welcome centers are hereby authorized:

(1) In or near the new State Capitol building.

(2) In New Orleans, in or near the Vieux Carre'.

(3) At or near Vinton, along Interstate Highway 10, Eastbound.

(4) At or near Greenwood, along Interstate Highway 20, Eastbound.

(5) At or near Mound, along Interstate Highway 20, Westbound.

(6) At or near Vidalia, along U.S. Highway 84.

(7) At or near St. Francisville, along U.S. Highway 61.

(8) At or near Kentwood, along Interstate Highway 55, Southbound.

(9) At or near Pearl River, along Interstate 10, Westbound, and along Interstate 59, Southbound.

(10) At or near Alexandria, along Interstate Highway 49.

(11) Along Interstate Highway 10 in eastern New Orleans.

(12) Repealed by Acts 2001, No. 1191, §2.

(13) At or near Butte LaRose, along Interstate Highway 10, in the Atchafalaya Basin.

B. The office is authorized to operate facilities as welcome centers jointly with a state, parochial, or municipal agency, a local tourist promotion agency, or private nonprofit organization on a cooperative and equitable basis of shared costs and responsibilities of personnel and maintenance.

C. The office is authorized to act as an outlet, to display, and to offer for sale on a consignment basis at full retail value only juried Louisiana native crafts bearing the hallmark of the quality-control logo. This function may be executed by the Louisiana State Arts Council, the Louisiana Crafts Council, or a local crafts organization or arts council.

D.(1) The office is authorized to promulgate and adopt rules to assess private businesses and attractions for the following:

(a) Audio-visual, computerized, or static promotional opportunities advertising such businesses or attractions to the public at welcome centers.

(b) The use of lighted picture displays to advertise or offer information on such businesses or attractions to the public at welcome centers.

(2) Such rules shall not change the procedures established by the office of providing tourism-related businesses and attractions the opportunity to display their brochures or pamphlets free of charge.

(3) The proceeds of any assessment made pursuant to this Subsection shall be used to fund capital improvements at welcome centers as further provided in R.S. 51:1262.1.

Added by Acts 1983, No. 688, §4; Acts 1986, No. 588, §3; Acts 1993, No. 42, §1; Acts 1995, No. 1151, §1; Acts 2001, No. 1191, §§1 and 2.

{{NOTE: SEE ACTS 1986, NO. 588, §4.}}
La. Rev. Stat. § 51:427 — LA Code / Code revised-statutes / Title 51 / Section 427
Name of Subpart
Status: in_force

This Subpart may be cited as the Unfair Sales Law.
La. Rev. Stat. § 51:705 — LA Code / Code revised-statutes / Title 51 / Section 705
Registration of securities; when and how required; delivery of prospectus
Status: in_force

A. Generally. It shall be unlawful for any person to offer for sale or sell any securities in this state unless any of the following conditions are met:

(1) They are subject to an effective registration statement under this Part.

(2) The security or transaction is exempt under R.S. 51:708 or 709.

(3) The securities are federal covered securities pursuant to R.S. 51:702.

B. Registration by qualification. (1) Any security may be registered by qualification under the terms and conditions provided in this Subsection by filing a registration statement which shall be signed by the issuer, its chief executive officer, its principal financial officer, its comptroller or principal accounting officer, and the majority of its board of directors or persons performing similar functions, or, if there is no board of directors or persons performing similar functions, by the majority of the persons or board having the power of management of the issuer. A registration statement shall be deemed effective only as to the securities specified therein as proposed to be offered.

(2) The registration statement shall contain the information specified in Paragraph (C)(1) of this Section and shall be accompanied by the documents specified in Paragraph (C)(2) of this Section except that the commissioner may by rules or regulations provide that any such information or document, other than the requirements with respect to financial statements provided in Paragraph (C)(1) of this Section, need not be included with respect to any class of insurers or securities if he finds that the requirement of such information or document is inapplicable to such class and that disclosure fully adequate for the protection of investors is otherwise required to be included within the registration statement. If any accountant, attorney, engineer, or appraiser or any person whose profession gives authority to a statement made by him is named in the registration statement as having prepared an opinion referred to in the registration statement or as having certified any part of the registration statement or is named as having prepared or certified a report of valuation for use in connection with the registration statement, the written consent of such person to the references to him in the registration statement shall be filed with the commissioner prior to the effectiveness of the registration statement. Any such registration statement shall contain such other information and be accompanied by such other documents as the commissioner may by rules or regulations require as being necessary or appropriate in the public interest or for the protection of investors. Each registration statement which is filed under this Subsection shall be accompanied by the payment of the filing fee prescribed in R.S. 51:706(A) and, if required under R.S. 51:706(B), a consent to service of process meeting the requirements of R.S. 51:718.

(3) A prospectus which is part of a registration statement effective under this Subsection and which contains the information specified in Paragraph (C)(1) of this Section, except to the extent modified by rules or regulations promulgated by the commissioner as provided in Paragraph (C)(2) of this Section, shall be delivered to any purchaser prior to or simultaneously with the execution by the purchaser of a written agreement to purchase, the delivery of a confirmation of sale, or the payment for securities offered by means of such prospectus, whichever occurs first.

(4) A registration statement under this Subsection becomes effective when the commissioner so orders.

C. Registration statement. (1) Every registration statement filed under Subsection B of this Section shall contain the following information:

(a) With respect to the issuer: its name, street address, form of organization and its telephone number; the state or foreign jurisdiction and date of its organization; the general character and location of its business; a description of its physical properties and equipment; and a statement of the general competitive and regulatory conditions in the industry or business in which it is or will be engaged.

(b) With respect to every director and officer of the issuer, or person occupying a similar status or performing similar functions: his name, address, and principal occupation for the past five years; any criminal convictions or pending criminal proceedings involving the sale of securities of any such person or any disciplinary action taken or pending against any such person by the Securities and Exchange Commission, the Financial Industry Regulatory Authority, the commissioner, or any state securities regulatory authority; the amount of securities of the issuer beneficially owned by him as of a specified date within thirty days of the filing of the registration statement; and a statement, including price information, of all transactions by such person in securities of the issuer beneficially owned by him during the two years preceding such date; the amount of the securities covered by the registration statement to which he has indicated his intention to subscribe; and with respect to each such person and any affiliate of such person or affiliate of a person specified in Subparagraph (e) and (f) of this Paragraph, a description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three years or proposed to be effected.

(c) With respect to any person named as serving or as having agreed to serve as an advisory director of the issuer or in a similar capacity: a description of the exact relationship that will exist between the issuer and such person and the compensation paid or to be paid to such person to serve in such capacity.

(d) The remuneration paid during the past twelve months and estimated to be paid during the next twelve months, directly or indirectly, by the issuer, together with all predecessors, subsidiaries, and affiliates, to each of the three highest paid officers or directors of the issuer and to all those persons covered by Subparagraph (C)(1)(b) of this Section in the aggregate.

(e) With respect to any person owning of record, or beneficially, if known, ten percent or more of the outstanding shares of any class of equity security of the issuer: the information specified in Subparagraph (C)(1)(b) of this Section other than information with respect to his occupation.

(f) With respect to every promoter if the issuer was organized within the past three years: the information specified in Subparagraph (C)(1)(b) of this Section, any amount paid to him within that period or intended to be paid to him, and the consideration for any such payment.

(g) With respect to any person, other than an issuer, on whose behalf any part of the offering is to be made: his name and address, the amount of securities of the issuer beneficially owned by him as of the date of the filing of the registration statement, and a description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three years or proposed to be effected.

(h) The capitalization, including short-term and long-term debt, both as of the latest practicable date within ninety days and as adjusted to give effect to the proposed offering, of the issuer and all subsidiaries whose financial statements are filed with the registration statement on either a consolidated or an individual basis, including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of consideration, whether in the form of cash, physical assets, services, patents, good will, or anything else, for which the issuer or any subsidiary has issued any of its securities within the past two years or is obligated to issue any of its securities.

(i) The kind and amount of securities to be offered; the proposed offering price or the method by which it is to be computed; any variation therefrom at which any portion of the offering is to be made to any person or class of persons other than the underwriters, with a specification of any such person or class; the basis upon which the offering is to be made if otherwise than for cash; the estimated aggregate underwriting and selling discounts or commissions and finders' fees, including separately, cash, securities, contracts, or anything else of value to accrue to the underwriters or finders in connection with the offering, or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts; the estimated aggregate amounts of other selling expenses, including legal, engineering, printing, and accounting charges; the name and address of every underwriter and every recipient of a finder's fee; and a description of the plan of distribution of the securities which are to be offered.

(j) The net estimated cash proceeds to be received by the issuer from the offering after deducting all estimated expenses of the offering; the purposes for which the proceeds are to be used by the issuer; the amount proposed to be used for each purpose; the proposed order of priority in which the proceeds will be used for the purposes stated in the event the offering is not pursuant to an underwriting agreement under which no securities will be sold unless all securities to be offered are sold; the amounts of any funds to be raised from other sources to achieve the purposes stated; and the nature of the sources of any such funds.

(k) In any case where the securities to be offered are to be sold in any manner except an underwriting under which no securities will be sold unless all securities to be offered are sold, and where the issuer of such securities:

(i) Has not had any substantial gross revenues from the sale of products or services or any substantial net income from any source for any fiscal year ended during the past three years; and

(ii) Has not succeeded and does not intend to succeed to any business which has had any substantial gross revenues from the sale of products or services, or any substantial net income from any source, for any fiscal year ended during the past three years, the minimum amount of funds to be derived from the offering after expenses of the offering which the issuer reasonably believes to be necessary to enable the issuer to operate the business it proposes to conduct.

(l) A description of any stock options or other security options outstanding, or to be created in connection with the offering, together with the amount of any such options held or to be held by every person required to be named in Paragraph (C)(1) of this Section and by any person who holds or will hold, after giving effect to the proposed offering, ten percent or more of the securities subject to such options.

(m) The dates of, parties to, and general description concisely stated of every management or other material contract made or to be made otherwise than in the ordinary course of business if it is to be performed in whole or in part at or after the filing of the registration statement.

(n) A description of any pending litigation or proceeding to which the issuer or any significant subsidiary is a party and which could materially adversely affect its business or assets, including any such litigation or proceeding known to be contemplated by governmental authorities.

(o)(i) The following financial statements:

(aa) A balance sheet of the issuer or a consolidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within ninety days prior to the filing of the registration statement and, if such balance sheet is not certified, also a certified balance sheet of the issuer or a certified consolidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date not more than one year prior to the date of filing unless the last fiscal year of the issuer has ended within ninety days prior to the date of filing, in which case such certified balance sheet may be as of the end of the fiscal year preceding such last fiscal year.

(bb) A profit and loss statement, analysis of surplus, and a statement of source and application of funds of the issuer or consolidated statements of the issuer and its subsidiaries, all of which statements shall be certified and prepared in accordance with generally accepted accounting principles for each of the three fiscal years preceding the date of the most recent certified balance sheet filed and for the interim period, if any, between the close of the most recent of such fiscal years and the date of the most recent balance sheet filed and, with respect to the profit and loss statement, for the corresponding period of the preceding year, but statements for such interim and corresponding periods need not be certified, or, if the issuer and its predecessors have been in existence for less than three fiscal years, the profit and loss and other required statements for the periods for which it has been in existence.

(cc) If a substantial part of the proceeds of the offering is to be applied to the purchase of any business, the same financial statements which would be required if that business were the registrant.

(ii) If any financial statements are required to be certified, they shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office; and provided, further, that if the issuer does not report its accounts in the normal course of its business on a consolidated basis, then it may furnish, in lieu of consolidated statements, individual statements for it and its majority owned subsidiaries.

(p)(i) Whether the security is subject to, bound by, or otherwise controlled by a religious law, ethic, custom, or practice and, if so, a declaration that identifies all of the following information:

(aa) Such law, ethic, custom, or practice.

(bb) Any precept or edict of such law, ethic, custom, or practice that would affect the type or nature of activities of the issuer, whether any earnings may not be distributed to the purchaser, whether any earnings may be distributed to third parties, and whether any religious qualification may apply to the selection of directors, officers or managers of the issuer.

(ii) The issuer shall be solely responsible for disclosing and ensuring the accuracy of the information required by this Subparagraph.

(2) Every registration statement filed under Subsection B of this Section shall be accompanied by the following documents:

(a) A copy of the prospectus proposed to be used in complying with the requirements of Paragraph (B)(3) of this Section.

(b) A copy of any notice, circular, advertisement, sales literature, letter, or communication, if any such notice, circular advertisement, sales literature, letter, or communication is to be used in connection with the offering, in respect of a security which, if used, must state from whom a written prospectus meeting the requirements of Paragraph (B)(3) of this Section may be obtained and must conform to such limitations as to content and such other terms and conditions as the commissioner, by rules or regulations, deemed necessary or appropriate in the public interest and for the protection of investors, may prescribe.

(c) A specimen or copy of the certificate, if any, intended to represent the security being registered; a copy of the issuer's articles of incorporation and bylaws or their substantial equivalents, as currently in effect; and a copy of any indenture or other instrument relating to the security to be registered.

(d) A signed opinion of legal counsel as to whether or not the security, when sold, will be legally issued, fully paid, and nonassessable, and, if a debt security, will be a binding obligation of the issuer.

(e) A copy of any underwriting or selling group agreement pursuant to which the distribution is to be made.

(f) A copy of every management or other material contract referred to in Subparagraph (C)(1)(m) of this Section.

(g) A signed copy of any professional opinions or any reports or certifications specifically referred to in the prospectus.

(h) A copy of any literature concerning the issuer or the offering given to any persons directly engaged in the sale of the securities.

(i) A written consent of each person who is, or who is named in the prospectus as about to become, a director of the issuer or of any person occupying a similar status or performing a similar function to the use of his name in the prospectus unless such director or person has signed the registration statement.

D. Registration by notification. (1) Any security whose issuer or any predecessors have been in continuous operation for at least five years may be registered by notification, whether or not it is also eligible for registration by qualification under Subsection B of this Section, if:

(a) There has been no default during the current fiscal year nor within three preceding fiscal years in the payment of principal, interest, or dividends on any security of the issuer, or any predecessor, with a fixed maturity or a fixed interest or dividend provision; and

(b) The issuer and any predecessors during the past three fiscal years have had average net earnings, determined in accordance with generally accepted accounting principles, which are applicable to all securities without a fixed maturity or a fixed interest or dividend provision and which:

(i) Equal at least five percent of the amount of securities without a fixed maturity or a fixed interest or dividend provision outstanding at the date the registration statement is filed, as measured by the maximum offering price or the market price on a day selected by the registrant within thirty days before the date of filing the registration statement, whichever is higher or, if there is neither a readily determinable market price nor an offering price, as measured by book value on a day selected by the registrant and within ninety days of the date of filing the registration statement; or

(ii) If the issuer and any predecessors have not had any securities without a fixed maturity or a fixed interest or dividend provision outstanding for three full fiscal years, equal at least five percent of the amount, as measured by the maximum public offering price, of such securities which will be outstanding if all the securities being offered or proposed to be offered, whether or not they are proposed to be registered or offered in this state, are issued.

(2) A registration statement under this Subsection shall be signed by the issuer, any other person on whose behalf the offering is to be made, a registered dealer participating in the offering, if any, or by any duly authorized agent of any such person and shall contain the following information or documents, in addition to payment of the filing fee, and, if required, a consent to service of process meeting the requirements of R.S. 51:718:

(a) A statement demonstrating eligibility for registration by notification.

(b) The issuer's name, address, and form of organization, the state, or foreign jurisdiction, and the date of its organization, and the general character and location of its business.

(c) With respect to any person on whose behalf any part of the offering is to be made in a nonissuer distribution: his name and address and the amount of securities of the issuer held by him as of the date of the filing of the registration statement.

(d) The information specified in Subparagraph (C)(1)(h) of this Section.

(e) Any prospectus proposed to be used in offering the securities in this state and a copy of any underwriting or selling agreement relating to the offering.

(3) If no stop order is in effect and no proceeding is pending under R.S. 51:716, a registration statement under this Subsection automatically becomes effective at 3:00 p.m. central standard time or central daylight time, whichever is applicable, of the fifth full business day after the filing of the registration statement, or at such earlier time as the commissioner determines.

E. Small issue registration. (1) The sale of securities of an issuer by or on behalf of such issuer or an affiliate of such issuer may be made pursuant to a registration statement filed under this Subsection if:

(a) The aggregate amount of the total offering, within or outside this state, shall not exceed five hundred thousand dollars, or such greater amount of not more than one million five hundred thousand dollars as the commissioner may by rule or regulation permit less the aggregate offering price for all securities sold within twelve months before the start of and during the offering of securities under this Subsection; or

(b) The aggregate number of persons in this state purchasing securities registered under this Subsection from the issuer and all affiliates of the issuer during any twelve month period shall not exceed fifty persons, or such greater number that is not more than one hundred, as the commissioner may by rule or regulation permit; however, any certificate or certificates representing securities issued in a transaction subject to the numerical limitation on the number of investors pursuant to this Subparagraph shall be marked for a period of one year from the date of their issuance or sale to indicate clearly that they were registered pursuant to this Subsection and that they may not be sold or transferred except in a transaction which is exempt under this Part or pursuant to an effective registration statement under this Part or in a transaction which is otherwise in compliance with this Part and shall be executed with a statement to the effect that such securities have been purchased for investment, for his own account. As used in this Subparagraph, the phrase "purchase for investment" shall mean the purchase of any securities with the intent of holding such securities for investment and without the intent of participating directly or indirectly in a distribution of such securities. Any person who holds such securities for a period of one year from the date such securities have been fully paid for by such person shall be presumed to have purchased such securities for investment.

(2) A registration statement under this Subsection shall be signed by the issuer, its chief executive officer, its principal financial officer, its comptroller or principal accounting officer, and a majority of the board of directors or persons performing similar functions, or, if there is no board of directors or persons performing similar functions, by the majority of the persons or board having the power of management of the issuer. If the issuer is not a corporation or partnership registered with the secretary of state, the registration statement shall also include a copy of the issuer's articles of incorporation or partnership or their substantial equivalents, as currently in effect, and a copy of any indenture of similar instrument relating to the security to be registered.

(3) A prospectus, a copy of which shall be contained in the registration statement, shall be delivered to any purchaser of securities registered pursuant to this Subsection prior to or simultaneously with the execution by the purchaser of a written agreement to purchase, the delivery of a confirmation of sale, or the payment for securities offered by means of such prospectus, whichever occurs first. The prospectus under which securities registered pursuant to this Subsection are sold shall contain the following:

(a) With respect to the issuer: its name, street address, form of organization, and its telephone number; the state or foreign jurisdiction and date of its organization; a brief description of the type and location of its business.

(b) The following financial statements which may, but need not, be certified:

(i) A balance sheet of the issuer or a consolidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within ninety days prior to the filing of the registration statement; and

(ii) A profit and loss statement of the issuer or consolidated statements of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles for each of the two fiscal years preceding the date of the balance sheet filed and for the interim period, if any, between the close of the most recent of such fiscal years and the date of the balance sheet filed and for the corresponding period of the preceding year or, if the issuer and its predecessors have been in existence for less than two fiscal years, the profit and loss statement for the periods for which it has been in existence; however, if the issuer does not report its accounts in the normal course of its business on a consolidated basis, then it may furnish, in lieu of consolidated statements, individual statements for it and its majority owned subsidiaries.

(c) The information set forth in Subparagraphs (C)(1)(i) and (j) of this Section.

(d) With respect to every officer and director of the issuer or person occupying a similar status or performing similar functions and with respect to every affiliate of the issuer, a description of: all securities of the issuer and its subsidiaries which are beneficially owned or expected to be beneficially owned, and the amount and type of consideration which was or will be given for such securities, and any material interest in any other material transactions with the issuer or any significant subsidiary of the issuer effected within the past three years or expected to be effected.

(e) Any additional information which is needed to comply with R.S. 51:712(A)(2) and which is not otherwise disclosed to the purchaser.

(4) The commissioner shall be authorized to accept a prospectus prepared by the issuer if the prospectus has been subjected to an examination by the securities regulatory authority of another state or territory of the United States which, in the discretion of the commissioner, is equal to or greater than the examination provided in such cases by the commissioner.

(5) Registration statements filed pursuant to this Subsection will become effective if no stop order is in effect and no proceeding is pending under R.S. 51:716, at 3:00 p.m. central standard time or central daylight time, whichever is applicable, on the tenth full business day after the filing of the registration statement or at such earlier time as the commissioner orders.

(6) Preliminary negotiations and agreements in contemplation of a registration and sale of a security pursuant to this Subsection shall not constitute an "offer to sell," "offer for sale," "offer," or "sale" of a security for the purposes of this Section unless, before a registration statement relating thereto is effective, the seller receives some consideration for such security, a contract for sale of such security is executed, or the security is sold.

(7) In case any of the financial statements contained in the registration statement filed under this Subsection are certified, they shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.

(8) If any accountant, attorney, engineer, or appraiser or any person whose profession gives authority to a statement made by him is named in the registration statement as having prepared an opinion referred to in the registration statement or as having certified any part of the registration statement or is named as having prepared or certified a report of valuation for use in connection with the registration statement, the written consent of such person to the references to him in the registration statement shall be filed with the commissioner prior to the effectiveness of the registration statement.

(9) With respect to registration statements filed under this Subsection the commissioner shall be authorized to participate in any program designed to promote and achieve compatibility with federal law and uniformity among the states and to promulgate such rules and regulations as may be necessary to achieve such compatibility and uniformity.

(10) The commissioner shall treat as confidential and not subject to public inspection all material filed by or on behalf of the issuer pursuant to this Subsection unless he shall determine that such treatment is not consistent with the public interest, in which case he may make public such of the filed information as he may deem necessary for protection of the public interest.

(11) The commissioner may modify any legend required by this Subsection to conform to standardized legends, but any modification shall ensure that the legend contains substantially the same information required by this Part.

F. Nonprofit issuer registration. (1) Sales of securities issued by any person organized and operated:

(a) Not for private profit; and

(b) No part of the net earnings of which inures to the benefit of any person, private stockholder, or individual made by or on behalf of such issuer may be made pursuant to a registration statement filed pursuant to this Subsection.

(2) A registration statement under this Subsection shall be signed by the issuer, its chief executive officer, its principal financial officer, its comptroller or principal accounting officer, and the majority of its board of directors or persons performing similar functions, or, if there is no board of directors or persons performing similar functions, by the majority of the persons or board having the power of management of the issuer, and shall contain the following documents:

(a) A copy of the prospectus proposed to be used in complying with the requirements of Paragraph (F)(4) of this Section.

(b) A copy of any notice, circular, advertisement, sales literature, letter, or communication, if any such notice, circular, sales literature, letter, or communication is to be used in connection with the offering, in respect of a security which, if used, must state from whom a written prospectus meeting the requirements of Paragraph (F)(4) of this Section may be obtained and must conform to such limitations as to content and such other terms and conditions as the commissioner, by rules or regulations, deemed necessary or appropriate in the public interest and for the protection of investors may prescribe.

(c) A specimen or copy of the securities being registered and a copy of the issuer's articles of incorporation and bylaws or their substantial equivalents, as currently in effect.

(d) If the securities described in the prospectus forming a part of the registration statement are to be secured by any interest in or lien upon any real or personal property, a signed opinion of legal counsel which states that such interest or lien will be as described in such prospectus and that such interest or lien has been filed of record and otherwise perfected under applicable law.

(e) A copy of any underwriting or selling group agreement pursuant to which the distribution is to be made.

(f) A copy of every management or other material contract referred to in the prospectus.

(g) A signed copy of any professional opinion or any reports or certifications specifically referred to in the prospectus.

(h) A copy of any literature concerning the issuer or the offering given to any person directly engaged in the sale of securities.

(i) A written consent of each person who is, or who is named in the prospectus as about to become, a director of the issuer or a person occupying a similar status or performing a similar function to the use of his name in the prospectus unless such director or person has signed the registration statement.

(j) If any accountant, attorney, engineer, or appraiser or any person whose profession gives authority to a statement made by him is named in the registration statement as having prepared an opinion referred to in the registration statement or as having certified any part of the registration statement or is named as having prepared or certified a report of valuation for use in connection with the registration statement, the written consent of such person to the references to him in the registration statement.

(k) A copy of any trust indenture required by Paragraph (F)(3) of this Section.

(3)(a) If the securities to be registered are bonds, notes, debentures, evidences of indebtedness, or any interest in such securities, the provisions for disbursing the proceeds of such securities, for collecting and disbursing funds for the payment of principal of and interest on such securities, and for governing the rights of the trustee and the holders of such securities with respect to any collateral or other security therefor shall be governed by an indenture between the issuer of such securities and a trustee or trustees.

(b) Each such trustee shall be an attorney duly admitted to practice before the highest court of any state who is not regularly employed by the issuer or underwriter of the securities subject to the indenture or a corporation which is organized and doing business under the laws of the United States or any state, which is qualified to do business in Louisiana, which is authorized to exercise corporate trust powers, and which is subject to supervision or examination by an agency or authority of the United States or the state of its incorporation or principal place of business:

(i) Provided that no such attorney or corporation may serve as trustee if such attorney or corporation:

(aa) Serves as trustee under an indenture covering any other securities of the issuer of the securities subject to the indenture.

(bb) Is an affiliate of the issuer or underwriter of the securities subject to the indenture.

(cc) Is a guarantor of or an affiliate of an obligor upon or a guarantor of the securities subject to the indenture.

(dd) Is the beneficial owner of, or holds as collateral security for an obligation which is in default, five percent or more of the voting securities of, or ten percent or more of any other class of security of the issuer of the securities subject to the indenture.

(ee) Is the beneficial owner of, or holds as collateral security for an obligation which is in default, ten percent or more of any class of security of any person who, to the knowledge of such attorney or corporation, owns fifty percent or more of the voting securities of the issuer or any guarantor of the securities subject to the indenture.

(ii) Provided, further, that no such attorney nor any director or executive officer, or persons performing similar functions, of such corporation:

(aa) Is a director, officer, partner, employee, appointee, or representative of the issuer, any guarantor, or any underwriter of the securities subject to the indenture.

(bb) Is a guarantor or underwriter of or an obligor upon the securities subject to the indenture.

(c) Such indenture shall in addition to the provisions specified in Subparagraph (a) of this Paragraph contain:

(i) A provision requiring the trustee to maintain a current list of the names and addresses of the holders of the securities subject to the indenture; and

(ii) A provision that the trustee, in case of any failure to make, when due, any payment into any sinking fund for the repayment of the securities subject to the indenture or any payment of the principal of or interest on the securities subject to the indenture, which failure is not corrected within thirty days of the date such payment was due, shall have the authority to commence a civil action to recover on behalf of the holders of the securities subject to the indenture all payments of principal and interest which are due and have not been paid; to declare the entire outstanding principal balance of an accrued but unpaid interest on such securities to be immediately due and payable and to commence a civil action to recover such principal and interest on behalf of the holders of the securities subject to the indenture; to take possession of and dispose of any collateral security subject to the indenture; and to secure such additional relief as the parties to the indenture shall provide; and a provision that, upon occurrence of any such failure the trustee shall notify, to the extent that it can identify them, the holders of such securities of the occurrence of such failure and of its intentions with respect thereto.

(4) The prospectus required in this Paragraph shall be delivered to any purchaser of securities registered pursuant to this Subsection prior to or simultaneously with the execution by the purchaser of a written agreement to purchase, the delivery of a confirmation of sale, or the payment for securities offered by means of such prospectus, whichever occurs first. The prospectus under which securities registered pursuant to this Subsection are sold shall contain the following:

(a) With respect to the issuer: its name, street address, form of organization, and telephone number; the state or foreign jurisdiction and date of its organization; and a brief description of the type of business or other endeavors it conducts.

(b) The following financial statements:

(i) A balance sheet of the issuer or a consolidated balance sheet of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles as of the date within ninety days prior to the filing of the registration statement.

(ii) A statement of source and application of funds of the issuer or consolidated statements of the issuer and its subsidiaries prepared in accordance with generally accepted accounting principles for each of the two fiscal years preceding the date of the balance sheet filed and for the interim period, if any, between the close of the most recent of such fiscal years and the date of the balance sheet filed and for the corresponding period of the preceding year or, if the issuer and its predecessors have been in existence for less than two fiscal years, the statement of source and application of funds for the periods for which it has been in existence; provided, however, if the issuer does not report its accounts in the normal course of its business on a consolidated basis, then it may furnish, in lieu of consolidated statements, individual statements for it and its majority owned subsidiaries.

(c) The information set forth in Subparagraphs (C)(1)(i) and(j) of this Section.

(d) A summary of special risk factors, if any, involved in the purchase of such securities.

(e) With respect to any underwriter of the securities being registered: a description of all fees, commissions, expenses, and other payments and remunerations received or to be received directly or indirectly by such underwriter and its affiliates in connection with the sale of the securities being registered and a description of any affiliation, interest, or arrangement such underwriter may have with any building contractor, supplier, paying agent, or other person who may receive any proceeds from the sale of the securities being registered.

(f) A description of the material terms of the securities to be registered and, if such securities are bonds, notes, debentures, evidences of indebtedness, or any interest in such securities, a description of the material terms of the indenture under which the securities are to be issued.

(g) Any additional information needed to comply with R.S. 51:712(A)(2).

(5) In case any of the financial statements contained in the registration statement filed under this Subsection are certified, they shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.

(6) Registration statements filed pursuant to this Subsection will become effective if no stop order is in effect and no proceeding is pending under R.S. 51:716 at 3:00 p.m. central standard time or central daylight time, whichever is applicable, on the fifth full business day after the filing of the registration statement or at such earlier time as the commissioner orders.

G. Notice filing for federal covered securities. (1) Prior to the initial offer of a federal covered security under Section 18(b)(2) of the federal Securities Act of 1933, as amended, and for purposes of renewal, the issuer shall make a notice filing with the commissioner, consisting of the following:

(a) A copy of the current registration statement filed by the issuer with the United States Securities and Exchange Commission.

(b) A consent to service of process.

(c) An initial filing fee and an annual renewal fee equal to the fees prescribed in R.S. 51:706(A).

(2) The commissioner, by rule, may require the issuer of any security that is a federal covered security under Section 18(b)(4)(E) of the Securities Act of 1933, as amended, to make a notice filing no later than fifteen days after the first sale in this state of such federal covered security on United States Securities and Exchange Commission Form D, together with a consent to service of process and a filing fee.

(3)(a) With respect to any security that is a federal covered security under Section 18(b)(4)(C) of the Securities Act of 1933, as amended, and for purposes of renewal, the issuer shall make a notice filing with the commissioner consisting of a copy of all documents filed with the Securities and Exchange Commission pursuant to Section 4A(b) of the Securities Act of 1933 when either of the following Items apply:

(i) The issuer's principal place of business, as defined in the rules and regulations of the Securities and Exchange Commission, is in this state.

(ii) Purchases of fifty percent or more of the securities sold by the issuer pursuant to an offering made in reliance on Section 18(b)(4)(C) of the Securities Act of 1933 are to residents of this state.

(b) The issuer shall file with the commissioner the documents described in Subparagraph (a) of this Paragraph at either of the following applicable times:

(i) When the issuer files the documents with the Securities and Exchange Commission, if filing with the commissioner pursuant to Item (a)(i) of this Paragraph.

(ii) Within fifteen days of the date the issuer becomes aware that it meets the criteria described in Item (a)(ii) of this Paragraph, which in no event should be later than fifteen days from the date of completion of the offering.

(c) The documents filed pursuant to the provisions of Subparagraph (b) of this Paragraph are effective for twelve months from the date of the filing, and the issuer shall pay a nonrefundable filing fee of one hundred fifty dollars to the commissioner when an initial or any subsequent notice is filed.

H. Registration of TIER 1 Regulation A securities. (1) Any security that qualifies under Tier 1 of Regulation A adopted pursuant to Section 3(b) of the Federal Securities Act of 1933, as now or hereafter amended, may be registered under the terms and conditions provided in this Subsection by filing all of the following:

(a) A notice of intention to sell executed by the issuer, any other person on whose behalf the offering is to be made, a dealer registered under this Part, or any duly authorized agent of any such person who sets forth the name and address of the applicant, the name and address of the issuer, and the title of the securities to be offered in this state.

(b) A copy of the notification on Form 1-A or any form substituted therefor, and related offering circular or offering sheet, including other exhibits, filed with the Securities and Exchange Commission.

(c) A filing fee of one-tenth of one percent of the aggregate price of the securities to be offered to be sold in this state. In no case shall the fee be less than one hundred dollars nor more than one thousand dollars. In addition there shall be a charge of two hundred fifty dollars to be used to defray the expenses of the commissioner. All fees and charges paid in accordance with this Subparagraph, whether paid at the time of filing or at the time of renewal, shall be transmitted to the state treasurer for credit to the state general fund, except that the two hundred fifty dollar fee required pursuant to this Subparagraph shall be retained by the commissioner to be used for the enforcement of this Part generally.

(d) A consent to service of process in the form prescribed by R.S. 51:718 that has been executed by the person who executed the notice of intention to sell, unless the person has previously filed with the commissioner an irrevocable consent to service of process in the form prescribed by R.S. 51:718.

(2) A registration pursuant to this Subsection becomes effective when ordered by the commissioner.

Acts 1985, No. 722, §1; Acts 1999, No. 250, §1; Acts 2006, No. 544, §1, eff. June 22, 2006; Acts 2008, No. 274, §1; Acts 2010, No. 7, §4, eff. May 19, 2010; Acts 2012, No. 369, §1; Acts 2014, No. 119, §1, eff. May 16, 2014; Acts 2014, No. 224, §1; Acts 2016, No. 141, §1, eff. May 19, 2016; Acts 2018, No. 74, §1, eff. Jan. 1, 2019.
La. Rev. Stat. § 51:1352 — LA Code / Code revised-statutes / Title 51 / Section 1352
Director and personnel
Status: in_force

The authority shall have power to appoint a director and to employ such additional technical and clerical personnel as may be necessary.

Acts 1968, No. 605, §2.
La. Rev. Stat. § 51:2767 — LA Code / Code revised-statutes / Title 51 / Section 2767
Other remedies
Status: in_force

A. This Chapter shall not limit rights or remedies available to a consumer under any other law.

B. Any waiver of rights by a consumer under the provisions of this Chapter shall be void.

C. In addition to pursuing any other remedy, a consumer may bring an action to recover any damages caused by a violation of this Chapter within one year of the violation. The court shall award a consumer who prevails in such an action, no more than twice the amount of any pecuniary loss, together with costs, disbursements, and reasonable attorney fees, and any equitable relief that the court determines is appropriate.

Acts 1993, No. 907, §1, eff. June 23, 1993; Acts 1999, No. 1048, §1, eff. July 9, 1999.
La. Rev. Stat. § 51:130 — LA Code / Code revised-statutes / Title 51 / Section 130
Sequestration or receivership
Status: in_force

Where, because of irreparable injury to the public interest, an injunction is issued under this Part, the court may issue such interlocutory orders as it deems requisite for ex-officio sequestration or for receivership over any property utilized in violating this law. If the business is one to which a public interest has attached by reason of the monopoly or other circumstances, or if the public welfare would suffer from the suspension of defendant's business, the court may order the judicial sequestrator or receiver appointed by him, after such officer has been sworn and has given bond in the amount the court fixes, to carry on the business of the defendant until the termination of the suit, with all powers customary and necessary in a receivership proceeding. Either side aggrieved by the judgment appointing or refusing to appoint a receiver has a suspensive appeal within five days, without bond, upon the original papers and in the appellate court the cause shall be heard and determined within forty days after the appeal is lodged, and if the appeal is lodged during vacation of the court, the forty day period shall begin immediately after vacation.
La. Rev. Stat. § 51:942 — LA Code / Code revised-statutes / Title 51 / Section 942
Small and emerging businesses
Status: in_force

A. The department shall provide for the increased opportunity for small and emerging businesses to become competitive in a modern economy without regard to race or gender. This purpose shall be accomplished by providing a program of assistance and promotion. The following provisions of this Section shall be applied and interpreted to promote this purpose.

B. There is hereby established within the department the small and emerging business development program. In an effort to assist small and emerging businesses, the department shall do the following:

(1) Identify, develop, and promote equal opportunity for all qualified small and emerging businesses.

(2) Develop a system to assist licensed insurance agents and approved licensed surety companies in providing surety bonds to certified businesses and develop a system to provide financial, technical, and managerial assistance to certified businesses. The department shall not act as a licensed agent or as a surety company or issue surety bonds.

(3) Serve as an informational clearinghouse and provide technical assistance to individuals and entities engaged in small business development.

(4) As provided by rule, establish any other programs that may be necessary to carry out the purpose and intent of this Section.

C. The small and emerging business program shall not assist concerns owned and controlled by individuals who have accumulated substantial wealth or who have not experienced or who have overcome impediments to obtaining access to financing, markets, and resources.

D. The department shall by rule establish application, submission, and review criteria and procedures for certification of qualified small and emerging businesses.

E. The department may require all certified small and emerging businesses to report such information the department deems necessary to enable and facilitate its evaluation of the progress of the small and emerging business and the benefits of the program.

F. The department shall adopt such rules and regulations in accordance with the Administrative Procedure Act for the implementation of the small and emerging business program. The rules adopted with regard to the small and emerging business program pursuant to the Louisiana Small and Emerging Business Act shall be reauthorized until such time as new rules are adopted to implement the provisions of this Part.

G.(1) Complaints regarding certification of small and emerging businesses may be submitted in writing to the department and shall be processed according to the policies and procedures adopted by the department.

(2) Decisions to deny certification, deny renewal of certification, or revoke certification are subject to the review of an administrative law judge from the division of administrative law upon the aggrieved party requesting an adjudicatory hearing for the review of the department's decision pursuant to the provisions of Chapter 13-B of Title 49 of the Louisiana Revised Statutes of 1950.

H. No applicant, employee of the department, or any other public servant shall commit the crime of deceptive certification of a small and emerging business as provided for in R.S. 51:944.

I.(1) Funds received by the department and made available for small business surety bonding shall be deposited immediately upon receipt into the state treasury.

(2) Repealed by Acts 2014, No. 646, §11, eff. July, 1, 2014.

(3) The monies in the Small Business Surety Bonding Fund shall be used by the department solely to fund the department's efforts to provide financial assistance to small businesses to mitigate gaps in the state surety bonding market.

(4) The approval of the undersecretary of the office of management and finance and the assistant secretary of the office of business development within the department shall be required prior to the issuance of or entrance into any obligation, whether contractual or financial, by the bonding assistance program.

J. Staff necessary to effectuate this Part properly, insofar as funds are available, shall be employed by and be under the direction and control of the secretary of the department.

Acts 2001, No. 9, §9, eff. July 1, 2001; Acts 2014, No. 646, §11, eff. July 1, 2014.
La. Rev. Stat. § 51:2395 — LA Code / Code revised-statutes / Title 51 / Section 2395
Transaction of business
Status: in_force

A.(1) A licensee providing financing assistance outside of this state shall maintain its headquarters in this state. A licensee that provides financing assistance in this state only shall maintain not less than one office in this state.

(2) Each office of a licensee shall be located in a place which is reasonably accessible to the public.

(3) A licensee shall post in a conspicuous place at each of its offices a sign which bears the corporate or limited liability company name of the licensee.

(4) A licensee shall maintain at each of its offices personnel who are competent to conduct the business of such an office.

(5) Upon thirty days' prior written notice to the commissioner, a licensee may establish, relocate, or close an office.

(6) If the licensee elects to provide financing assistance outside of this state, then regardless of the states in which a licensee provides financing assistance, the licensee shall conduct substantially all of its accounting, payment, underwriting, and other back-office operations in one or more offices located in this state. With approval of the commissioner, the requirement of this Subsection shall not apply to licensees that have provided financing assistance outside this state prior to January 1, 2003.

(7) Unless approved by the commissioner, the total amount of financing assistance provided by a licensee outside of this state shall not exceed fifty percent of the total financing assistance provided by such licensee on a cumulative basis. The limitation of this Subsection shall not apply to a licensee that has complied with both of the following:

(a) Provided financing assistance in this state in excess of one hundred million dollars. A licensee may count financing assistance provided by a licensed affiliate or licensed affiliates in this state towards the satisfaction of the requirements of this Subparagraph.

(b) Held a license for at least ten years.

B.(1) The business of a licensee shall be the business of providing financing assistance and management assistance to business firms. A licensee shall not engage in a business other than the business of providing financing assistance and management assistance to business firms.

(2) In addition to the powers and privileges provided to a licensee by this Chapter, a licensee has all powers and privileges conferred by its incorporating statute which are not inconsistent with or limited by this Chapter. The powers of a licensee include but are not limited to all of the following:

(a) To borrow money and otherwise incur indebtedness for its purposes, including issuance of bonds, debentures, notes, or other evidence of indebtedness. A licensee's indebtedness may be secured or unsecured and may involve equity features including but not limited to provisions for conversion to stock and warrants to purchase stock.

(b) To make contracts.

(c) To incur and pay necessary and incidental operating expenses.

(d) To purchase, receive, hold, lease, or otherwise acquire, or to sell, convey, mortgage, lease, pledge, or otherwise dispose of, real or personal property, together with rights and privileges that are incidental and appurtenant to these transactions of real or personal property, if the real or personal property is for the licensee's use in operating its business or if the real or personal property is acquired by the licensee from time to time in satisfaction of debts or enforcement of obligations.

(e) To make donations for charitable, educational, research, or similar purposes.

(f) To implement a reasonable and prudent policy for conserving and investing its money before the money is used to provide financing assistance to business firms or to pay the expenses of the licensee.

C.(1) A licensee may determine the form and the terms and conditions for financing assistance provided by that licensee to a business firm including but not limited to forms such as loans for the purchase of debt instruments, straight equity investments such as purchase of common stock or preferred stock, debt with equity features such as warrants to purchase stock, convertible debentures, or receipt of a percent of net income or sales, royalty-based financing, guaranteeing of debt, or leasing of property. A licensee may purchase securities of a business firm either directly or indirectly through an underwriter. A licensee may participate in the program of the Small Business Administration pursuant to Part 7(a) of the Small Business Act of Public Law 85-536, 15 U.S.C. §636(a), or any other government program for which the licensee is eligible and which has as its function the provision or facilitation of financing assistance or management assistance to business firms. If a licensee participates in a program referred to in this Subsection, the licensee shall comply with the requirements of that program.

(2) Management assistance provided by a licensee to a business firm may encompass both management or technical advice and management or technical services.

(3) Financing assistance or management assistance provided by a licensee to a business firm shall be for the business purposes of that business firm.

(4) A licensee may exercise the incidental powers that are necessary or convenient to carry on the business of, or are reasonably related to the business of, providing financing assistance and management assistance to business firms.

D.(1) With the approval of the commissioner, a licensee may form, or acquire and hold control of, a corporation or other entity which is licensed as a small business investment company under the Small Business Investment Act of 1958, Public Law 85-699, 15 U.S.C. §689.

(2) With the approval of the commissioner, a licensee may form, or acquire and hold control of, a company or other entity which is a local development company in accordance with the Small Business Investment Act of 1958, whether or not such a development company is or may become certified by the Small Business Administration under Section 504 of the Small Business Act of 1958, 15 U.S.C. §697.

E.(1) A licensee shall transact its business in a safe and sound manner and shall maintain itself in a safe and sound condition.

(2) In determining whether a licensee is transacting business in a safe and sound manner or has committed an unsafe or unsound act, the commissioner shall not consider the risk of a provision of financing assistance to a business firm, unless the commissioner determines that the risk is so great compared with the realistically expected return as to demonstrate gross mismanagement.

(3) Paragraph (2) of this Subsection does not limit the authority of the commissioner to do any of the following:

(a) Determine that a licensee's financing assistance to a single business firm or a group of affiliated business firms is in violation of Paragraph (1) or constitutes an unsafe or unsound act, if the amount of that financing assistance is unduly large in relation to the total assets or the total shareholders' equity of the licensee.

(b) Require that a licensee maintain a reserve in the amount of anticipated losses.

(c) Require that a licensee have in effect a written financing assistance policy, approved by its board of directors, including credit evaluation and other matters. The commissioner shall not require that a licensee adopt a financing assistance policy that contains standards which prevent the licensee from exercising needed flexibility in evaluating and structuring financing assistance to business firms on a deal by deal basis.

F.(1) For purposes of this Section:

(a) "Associate" means that term as defined in R.S. 51:2397(A)(1)(b).

(b) "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.

(2) If a licensee provides financing assistance to a business firm or engages in another business transaction, and if that financing assistance or transaction involves a potential conflict of interest, the terms and conditions under which the licensee provides the financing assistance or engages in the transaction shall not be less favorable to the licensee than the terms and conditions that would be required by the licensee in the ordinary course of business if the transaction did not involve a potential conflict of interest. Each person who participates in the decision of the licensee relating to a transaction described in this Section and has knowledge of a potential conflict of interest involving that transaction shall take care that the potential conflict of interest is disclosed in the financing documents of the transaction or, for a business transaction not involving financing assistance, in another appropriate document.

(3) For the purpose of Paragraph (2) of this Subsection, transactions engaged in by a licensee which involve a potential conflict of interest include but are not limited to the following:

(a) Providing financing assistance to a principal shareholder or member of the licensee, to a person controlled by a principal shareholder or member of the licensee, or to a director, officer, manager, partner, relative, controlling person, or affiliate of a principal shareholder or member of the licensee.

(b) Providing financing assistance to a business firm to which a principal shareholder or member of the license is a director, officer, manager, partner, relative, controlling person, or affiliate of a principal shareholder or member of a licensee, or a person controlled by a principal shareholder or member of the licensee provides or plans to provide contemporaneous financing assistance.

(c) Providing financing assistance to a business firm which has or is expected to have a substantial business relationship with another business firm which has a director, officer, manager, or controlling person who is also a director, officer, manager, or controlling person of the licensee or who is the spouse of a director, officer, manager, or controlling person of the licensee.

(d) Providing financing assistance to a business firm if that business firm, or a director, officer, manager, or controlling person of that business firm, contemporaneously has lent or will lend money to an associate of the licensee.

(e) Providing financing assistance for the purchase of property of an associate or principal shareholder or member of the licensee.

(f) Selling or otherwise transferring any of its assets to an associate or principal shareholder or member of the licensee.

G. If the commissioner fails to issue an order approving or denying an application for a license under this Chapter, within forty-five days from receipt by the commissioner of an application which complies with R.S. 51:2389(B), the application shall be considered approved by the commissioner.

Acts 1991, No. 506, §1; Acts 2004, No. 806, §1; Acts 2014, No. 350, §1.
La. Rev. Stat. § 51:1784 — LA Code / Code revised-statutes / Title 51 / Section 1784
Criteria
Status: in_force

A. The department shall establish criteria for qualifications of enterprise zones, giving consideration to the following:

(1) Unemployment.

(2) Per capita income.

(3) Number of residents receiving public assistance.

B. These criteria shall be established so that approximately forty percent of the block groups in the state qualify as enterprise zones.

C. Except as otherwise provided in R.S. 51:1788, after July 1, 1993, the department shall utilize only the data, including but not limited to block groups and statistical data, published by the United States Bureau of the Census for the most recent federal decennial census in applying the criteria specified in this Section in order to determine which block groups shall qualify for designation as enterprise zones. However, alternative designation of enterprise zones may be made pursuant to R.S. 51:1785(B) subsequent to such determination by the department.

Added by Acts 1981, No. 901, §1; Acts 1987, No. 433, §1; Acts 1992, No. 1024, §1, eff. July 1, 1993; H.C.R. No. 71, 1993 R.S.; Acts 1995, No. 581, §2, eff. June 18, 1995; Acts 2002, 1st Ex. Sess., No. 4, §1, eff. April 17, 2002.
La. Rev. Stat. § 51:3146 — LA Code / Code revised-statutes / Title 51 / Section 3146
Prohibited acts
Status: in_force

A. A provider shall not use in its name the words "insurance", "casualty", "surety", "mutual", or any other words descriptive of the insurance, casualty, or surety business or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name of any other provider. The word "guaranty" or similar word may be used by a provider. A provider shall include in its home service contracts a statement in substantially the following form: "This agreement is not an insurance contract."

B. A provider or its representative shall not in its home service contracts or literature make, permit, or cause to be made any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted.

Acts 2015, No. 161, §§1, 3(A), eff. Jan. 11, 2016.
La. Rev. Stat. § 51:2391 — LA Code / Code revised-statutes / Title 51 / Section 2391
Impact information
Status: in_force

A. The commissioner shall provide to the House Commerce Committee and Senate Commerce, Consumer Protection, and International Affairs Committee upon their request information on the impact of this Chapter in promoting economic development in this state. At the minimum, the information shall include aggregate statistics on each of the following:

(1) The number and dollar amount of provisions of financing assistance made by licensees to business firms in Louisiana.

(2) The number and dollar amount of provisions of financing assistance made by licensees to business firms in Louisiana classified in broad categories of industry, such as divisions of the standard industrial classification manual.

(3) The number and dollar amount of provisions of financing assistance made by licensees to minority-owned business firms and to women-owned business firms in Louisiana.

(4) Estimates of the number of jobs created or retained in Louisiana.

(5) The total number of employees and total payroll for Louisiana employees of BIDCOs.

B.(1) The commissioner shall examine each licensee not less than once each calendar year.

(2) The commissioner may at any time examine a licensee or subsidiary of a licensee.

(3) A director, officer, manager, or employee of a licensee or of a subsidiary of a licensee being examined by the commissioner, or a person having custody of any of the books, accounts, or records of the licensee or of the subsidiary, shall exhibit to the commissioner, on request, any of the books, accounts, and other records of the licensee or of the subsidiary and shall otherwise facilitate the examination so far as it is in their power to do so.

Acts 1991, No. 506, §1; Acts 2003, No. 183, §8; Acts 2004, No. 806, §1.
La. Rev. Stat. § 51:1041 — LA Code / Code revised-statutes / Title 51 / Section 1041
Strategic plan to combat poverty; renewal of communities; criterion; implementation
Status: in_force

A. The plan shall be a coordinated attempt to address the economic needs of the state's economically disadvantaged citizens whose concerns have not been addressed through the enactment of the Community Renewal Tax Relief Act of 2000.

B. The plan's participants shall consist of the several parishes of the state which possess a census tract which includes a poverty rate of twenty percent or higher and an unemployment rate of eight and four-tenths percent or higher, according to statistical data published by the United States Bureau of the Census for the 1990 federal decennial census. Such parishes shall be entitled to the same economic incentives as provided by the state in its application for renewal communities.

C. The governor's Office of Rural Development within the Office of Community Programs, shall extend to all census tracts or parishes meeting the standard provided for in Subsection B of this Section, all economic incentives as provided by the state in its application for renewal communities.

D. The Louisiana Department of Health, Louisiana Economic Development, and the Departments of Social Services, Labor, Transportation and Development, and Education shall provide information relative to the development of a strategic plan to combat poverty and shall direct such information to the governor's Office of Rural Development.

E. The director of the office of rural development shall submit an annual report to the Senate Commerce, Consumer Protection, and International Affairs Committee and to the House Commerce Committee detailing actions taken by the office in furtherance of the provisions of this Chapter.

Acts 2002, 1st Ex. Sess., No. 162, §3, eff. April 26, 2002; Acts 2003, No. 183, §8.
La. Rev. Stat. § 51:2422 — LA Code / Code revised-statutes / Title 51 / Section 2422
Definitions
Status: in_force

A. "Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.

B. "Installer" means an individual who actually does the work of replacing or repairing parts of a motor vehicle.

C. "Insurer" means an insurance company and any person authorized to represent the insurer with respect to a claim.

D. "Nonoriginal equipment manufacturer (non-OEM) aftermarket crash part" means aftermarket crash parts not made for or by the manufacturer of the motor vehicle.

E. "Repair facility" means any motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.

Acts 1990, No. 765, §1, eff. Jan. 1, 1991.
La. Rev. Stat. § 51:1452 — LA Code / Code revised-statutes / Title 51 / Section 1452
Definitions
Status: in_force

As used in this section:

(1) The term "refiner" means a person or other legal entity engaged in the refining or importing of petroleum products.

(2) The term "retailer" means a person or other legal entity engaged in the retail sale of motor gasoline who operates under a franchise.

(3) The term "franchise" means any agreement or contract between a refiner and a retailer, under which such retailer is granted authority to use a trademark, trade name, service mark, or other identifying symbol or name owned by such refiner, or any agreement or contract between such parties under which such retailer is granted authority to occupy premises owned, leased, or in any way controlled by a party to such agreement or contract, for the purpose of engaging in the sale at retail of motor gasoline.

(4) The term "good faith" shall mean the duty of each party to any franchise, and all officers, employees or agents thereof, to act in a fair and equitable manner toward each other so as to guarantee the one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party; provided, that recommendation, endorsement, exposition, urging or argument shall not be deemed to constitute a lack of good faith.

(5) "Essential and reasonable requirement" shall mean a reasonable condition, provision, or stipulation in the franchise agreement which is of sufficient importance to require strict compliance therewith. There shall be a rebuttable presumption that it is not an "essential and reasonable requirement" to require a retailer to operate more than seventy-two hours per week.

(6) "Direct operated outlet" shall mean a retail outlet operated by a refiner, its employees or agents. Retail outlets operated by a refiner, its employees or agents on a temporary basis not to exceed ninety days shall not be considered a direct operated outlet for the purposes of this Chapter.

(7) The term "goodwill" shall mean whatever value, if any, is added to the service station business of the retailer by the retail sale of petroleum products and related automobile services and repairs during the term of a franchise, and of any preceding franchises between the same parties, covering the same premises, solely by virtue of the efforts of the retailer and his employees, over and above any and all value contributed by the premises, by the trademark, trade name, service mark or other identifying symbol or name owned by such refiner, by advertising furnished or paid for by the refiner, or by any other property of the refiner, or by any other cause or factor whatsoever, which value can reasonably be expected to remain with the premises after the departure of the retailer.

(8) The terms "cancel a franchise", "cancellation of a franchise", "cancel a franchise during the stated term of any franchise" and similar combinations of such words, shall mean the dissolution of a franchise prior to the expiration of its term, but shall not include the exercise of a right to put an end to a franchise, which otherwise would be renewed automatically for a fixed period, such as a month to month or a year to year franchise, by notice within a specified time prior to the expiration of any such period, provided such notice shall be not less than ninety days, as required in R.S. 51:1453B. For purposes of this Act the exercise of any such right to prevent automatic renewal shall constitute a "failure to renew a franchise."

Added by Acts 1974, No. 628, §1.
La. Rev. Stat. § 51:3273 — LA Code / Code revised-statutes / Title 51 / Section 3273
Access to utility bills
Status: in_force

A. A tenant may request a housing provider to supply him with a copy of the original bill for any utility supplied to the unit in which the tenant resides.

B. The request authorized in Subsection A of this Section shall be in writing and specify the following:

(1) Each utility for which the tenant is requesting a copy of the original bill.

(2) The range of dates for which the tenant is requesting a copy of an original bill or bills. Dates requested shall be no earlier than the last day of the billing cycle immediately preceding the date that the request is transmitted to the housing provider.

(3) Whether the tenant is requesting to be provided with a copy of all future original bills for the utility specified in the request.

C. A housing provider shall supply the tenant with copies of the original bill for the previous billing cycle or cycles requested in compliance with this Section within thirty days of receipt of a request that complies with this Section.

D. A housing provider shall supply the tenant with a copy of the original bill for future billing cycles requested in compliance with this Section within thirty days of receipt of the original bill.

E. Failure of a housing provider to comply with this Section shall not relieve a tenant from the responsibility to remit full payment to a third-party billing service.

F. The request authorized by this Section and the response required by this Section may be by electronic means if the electronic means meets the requirements of the Louisiana Uniform Electronic Transactions Act, R.S. 9:2601 et seq.

Acts 2024, No. 577, §1.
La. Rev. Stat. § 51:916 — LA Code / Code revised-statutes / Title 51 / Section 916
Perfusion equipment and supplies
Status: in_force

A. As used in this Section:

(1) "Compensation" means any thing of economic value which is paid, loaned, granted, given, donated, or transferred or to be paid, loaned, granted, given, donated, or transferred to or in consideration of personal services to any person.

(2) "Contract clinical perfusion company" means any business entity employing a clinical perfusionist or perfusionists for the purpose of contracting their services to a medical institution or physician.

(3)(a) "Perfusionist" or "clinical perfusionist" means a skilled person, qualified by academic and clinical education, who operates extracorporeal circulation equipment during any medical situation where it is necessary to support or temporarily replace a patient's circulatory or respiratory function. A perfusionist is knowledgeable concerning the variety of equipment available to perform such extracorporeal circulation functions.

(b) The perfusionist is educated to conduct extracorporeal circulation and to ensure the safe management of physiologic functions by monitoring and adjusting the necessary variables. The perfusionist is trained, educated, or both, in the administration of blood products, blood conservation techniques, autotransfusion, anesthetic agents, and drugs through the extracorporeal circuit. Such administration is performed according to a prescription, to approved protocol, or both. A perfusionist is knowledgeable and competent in the use of a variety of techniques such as: hypothermia and hemodilution, perfusion procedures involving specialized equipment, and advanced life support techniques.

B.(1) It shall be unlawful for any person performing the services of a clinical perfusionist for a hospital or other medical institution to receive compensation from the sale or use of products or equipment used in the performance of clinical perfusion services to such medical institution.

(2) It shall be unlawful for any person performing the services of a clinical perfusionist as an employee of a physician to receive financial compensation from the sale or use of products or equipment used in the performance of clinical perfusion services to any medical institution.

(3)(a) It shall be unlawful for an individual or business entity which contracts with a hospital or other medical institution for the provision of clinical perfusion services to receive compensation from the sale or use of products or equipment used in the performance of clinical perfusion services to such medical institution.

(b) It shall be unlawful for a business entity which sells products or equipment used in the performance of clinical perfusion services to a hospital or other medical institution to perform perfusion services at that medical institution.

C. Whoever violates the provisions of this Section shall be guilty of an unfair trade practice under the Unfair Trade Practices and Consumer Protection Law and of a civil offense punishable by a fine of not less than one thousand dollars nor more than five thousand dollars for each violation and shall be subject to injunctive relief and any right of an aggrieved party to recover actual damages contained in the Unfair Trade Practices and Consumer Protection Law.

Acts 1997, No. 986, §1.
La. Rev. Stat. § 51:3053 — LA Code / Code revised-statutes / Title 51 / Section 3053
Prohibited contracts
Status: in_force

A. A governmental entity shall not enter into a contract or other agreement relating to critical infrastructure in this state with a company if, under the contract or other agreement, the company would be granted direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the governmental entity for product warranty and support purposes under any of the following circumstances:

(1) The governmental entity knows that the company is owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country.

(2) The governmental entity knows that the company or other entity, including a governmental entity, is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country.

(3) The governmental entity knows that the company or other entity is headquartered in China, Iran, North Korea, Russia, or a designated country.

B. The provisions of Subsection A of this Section shall apply regardless of whether the company's or its parent company's securities are publicly traded or the company or its parent company is listed on a public stock exchange as a Chinese, Iranian, North Korean, or Russian company or a company of a designated country.

Acts 2022, No. 766, §1, eff. June 18, 2022.
La. Rev. Stat. § 51:1928 — LA Code / Code revised-statutes / Title 51 / Section 1928
Voluntary decertification
Status: in_force

A. At any time a certified Louisiana capital company may voluntarily decertify particular investment pools by sending written request for decertification to the commissioner and by remitting to the secretary of the Department of Revenue and the commissioner of the Department of Insurance the amounts described in R.S. 51:1927(C). These amounts are due notwithstanding the fact that the years for which the credits were originally taken may have prescribed. Thereafter, the capital company shall be a full subrogee to the state of Louisiana through the Department of Revenue and the Department of Insurance for such sums as were remitted by the company, against its investors or equity owners.

B.(1) With respect to any investment pool certified on or before December 31, 1998, after ten years of continued certification of any investment pool or at any time when a certified Louisiana capital company has invested sixty percent of any investment pool in qualified investments, a certified Louisiana capital company may voluntarily decertify such investment pool by sending a written request for a review and decertification. If the decertification of the investment pool is approved by the commissioner, no tax credits claimed or to be claimed under R.S. 51:1924(A) and (B), R.S. 51:1932, and R.S. 22:832(E) with respect to such investment pool will be subject to repayment, recapture, retaliation, or forfeiture by the certified Louisiana capital company or its investors.

(2) With respect to any investment pools certified after December 31, 1998, but prior to December 31, 2001, when a certified Louisiana capital company has invested one hundred percent of any investment pool in qualified investments, the certified Louisiana capital company may voluntarily decertify such investment pool by sending a written request for a review and decertification. If the decertification of the investment pool is approved by the commissioner, no tax credits claimed or to be claimed under R.S. 51:1924(A) and (B), R.S. 51:1932, and R.S. 22:832(E) with respect to such investment pool will be subject to repayment, recapture, retaliation, or forfeiture by the certified Louisiana capital company or its investors.

(3) With respect to any investment pools certified after January 1, 2002, when the certified capital company has invested one hundred percent of such investment pool in qualified investments, with a minimum of twenty-five percent of such investment pool having been invested in disadvantaged businesses, the certified Louisiana capital company may voluntarily decertify such investment pool by sending a written request for a review and decertification. The dollar amount of any qualified investment made in a qualified venture fund after August 1, 2002, shall count one hundred fifty percent towards the satisfaction of the one hundred percent requirement of this Subsection and towards the seven-year one hundred percent requirement contained in R.S. 51:1927.1. In addition, any investment in a qualified venture fund after August 1, 2002, shall count one hundred percent towards the satisfaction of the twenty-five percent requirement imposed by this Section on investment pools certified after January 1, 2002. If the decertification of the investment pool is approved by the commissioner, no tax credits claimed or to be claimed under R.S. 51:1924(A) and (B), R.S. 51:1932, and R.S. 22:832(E) with respect to such investment pool will be subject to repayment, recapture, retaliation, or forfeiture by the certified Louisiana capital company or its investors.

C. No distributions to equity owners shall be made from the certified capital contained within a pool prior to decertification other than for any of the following:

(1) Debt service.

(2) Tax payments or distributions to the equity owners of a certified Louisiana capital company in an amount equal to any projected increase in tax liability to the extent such increase is related to the ownership, management, or operation of the certified Louisiana capital company.

(3) A management fee which does not exceed two and one-half percent per annum of the pool's certified capital unless otherwise approved by the secretary; provided with respect to any investment pools formed after December 31, 2001, such management fee shall only be allowed for the seven years following the date the initial investment to the pool is made.

Acts 1983, No. 642, §1; Acts 1987, No. 703, §1; Acts 1989, No. 496, §1; Acts 1993, No. 279, §2, eff. June 2, 1993; Acts 1996, No. 21, §2, eff. June 27, 1996; Acts 2001, No. 1122, §1, eff. July 1, 2001; Acts 2002, No. 84, §2, eff. June 25, 2002; Acts 2008, No. 415, §2, eff. Jan. 1, 2009.
La. Rev. Stat. § 51:2256 — LA Code / Code revised-statutes / Title 51 / Section 2256
Conspiracy to violate human rights and discrimination laws
Status: in_force

It shall be an unlawful practice for an employer as defined in R.S. 23:302 to conspire:

(1) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this Chapter or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950, or because he has made a charge, filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under this Chapter or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950.

(2) To aid, abet, incite, compel, or coerce a person to engage in any of the acts or practices declared unlawful by this Chapter or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950.

(3) To obstruct or prevent a person from complying with the provisions of this Chapter or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950 or any order issued thereunder.

(4) To resist, prevent, impede, or interfere with the commission, or any of its members or representatives, in the lawful performance of duty under this Chapter or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950.

Acts 1988, No. 886, §1; Acts 2014, No. 756, §1.
La. Rev. Stat. § 51:641 — LA Code / Code revised-statutes / Title 51 / Section 641
Manufacture, sale, etc., of certain types of matches prohibited
Status: in_force

No person shall manufacture, store, offer for sale, sell or otherwise dispose of, or distribute, white phosphorous single-dipped strike-anywhere matches of the type popularly known as "Parlor Matches". No person shall manufacture, store, sell, offer for sale, or otherwise dispose of, or distribute, white phosphorous double-dipped strike-anywhere matches or any other type of double-dipped matches unless bulb or first dip of the match is composed of a so-called safety or inert composition, non-ignitable on an abrasive surface. No person shall manufacture, store, offer for sale, sell, or otherwise dispose of, or distribute Blazar or so-called Wind Matches, whether of the so-called safety or strike-anywhere type.
La. Rev. Stat. § 51:1151 — LA Code / Code revised-statutes / Title 51 / Section 1151
Definitions
Status: in_force

Whenever used in this Chapter, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall be given the following respective interpretations:

(1) "Corporation" means any corporation organized pursuant to the provisions of this chapter.

(2) "Municipality" and "parish" mean any incorporated city or town, or any parish, in this state with respect to which a corporation may be organized and in which it is contemplated the corporation will function.

(3) "Anti-pollution project" means any land, easement, servitude, leasehold interest or other interest or right or estate in land, any building or other facility or improvement thereon, and any personal property, or any combination of the foregoing, whether or not now in existence, which shall be designed, acquired, constructed or installed in order to abate, eliminate, control or prevent air or water or noise or other pollution or to control or eliminate or dispose of liquid and solid wastes, or for the removal or treatment of any substance or materials which otherwise would cause pollution or contamination of any kind, suitable for use by the following or any combination of two or more thereof: any industry for the manufacturing, processing or assembling of raw, semi-manufactured or manufactured products, including agricultural, fish, forest, water or mineral products; any enterprise for the planting, cultivating and harvesting of crops, including those so planted, cultivated and harvested for food, ornamental, grazing or forest purposes; any commercial enterprise in storing, warehousing or distributing the products of agriculture, fishing, forestry, mining or industry, exclusive of retail or wholesale enterprises; any enterprise for research or development or research and development in connection with any of the foregoing, or for the purpose of developing new products or new processes, or improving existing products or known processes; any enterprise for research, development, exploration or study, of land, sea, water, air, sky or space; any nonprofit educational institution, museum or planetarium or the government of the United States or any agency, department, board, bureau, corporation or other instrumentality thereof; and any person, firm or corporation engaged primarily in the manufacture, production, generation, transmission or distribution of electricity, steam heat, water or gas or any combination thereof, or telephone or other services for sale to the public and classified as a public utility.

(4)(a) "Development project" means any land, easement, servitude, leasehold interest, or other interest or right in land, and any building or other facility or improvement thereon, including a single or multiple occupant office building or building complex, and all movable and immovable properties deemed necessary in connection therewith, including parking garages, whether or not now in existence, which shall be suitable for use by the following or by any combination of two or more thereof:

(i) Any industry for the manufacturing, processing, or assembling of any raw, agricultural, semimanufactured, or manufactured products.

(ii) Any commercial enterprise in storing, warehousing, distributing, or selling any products of agriculture, fishing, forestry, mining, or industry.

(iii) Business or professional offices.

(iv) Hotels.

(v) Any international, national, regional, or state offices of business or industry.

(b) "Development project" also means any other facility that is determined by an industrial development board to be instrumental to the removal of blight or the redevelopment of distressed areas, or to promote economic development through the creation of jobs, or to enhance the tax base of a community through the construction, renovation, or rehabilitation of improvements, but does not include facilities designed for the sale or distribution to the public of electricity, gas, water, or telephone or other services commonly classified as public utilities.

(c) However, the Industrial Development Board of Lincoln Parish, Incorporated, may acquire, own, operate, construct, lease, and sell a water and sewerage system.

(5) "Governing body" means the board or body in which the general legislative powers of the municipality or the parish are vested.

(6) "Project" means any anti-pollution project or any development project or any combination thereof.

Acts 1962, No. 436, §1. Amended by Acts 1964, No. 433, §1; Acts 1972, No. 103, §1, emerg. eff. June 25, 1972, at 6:15 P.M.; Acts 1978, No. 198, §1; Acts 1979, No. 371, §1; Acts 1989, No. 96, §1; Acts 1997, No. 171, §1, eff. June 13, 1997; Acts 1997, No. 1161, §1, eff. July 1, 1997.