reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3082. Administration of the program

RS 51:3082 - Administration of the program
The Office of Financial Institutions shall maintain and interpret policy for the Louisiana Community Development Financial Institution program, shall perform the regulatory and examination functions of the program, and provide for the implementation and administration of the Louisiana Community Development Financial Institution Act.
Acts 2005, No. 491, §1, eff. July 12, 2005.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3083. Policy statement

RS 51:3083 - Policy statement
The primary purpose of the Louisiana Community Development Financial Institution Act, "LCDFI" Act, is to further community development, diminish poverty, provide assistance in the formation and expansion of businesses in economically distressed areas, which create jobs in the state by providing for the availability of venture capital financing to entrepreneurs, managers, inventors, and other individuals for the development and operation of qualified Louisiana businesses.
Acts 2005, No. 491, §1, eff. July 12, 2005; Acts 2007, No. 345, §2, eff. June 30, 2007.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3086. Certification of a Louisiana Community Development Financial Institution

RS 51:3086 - Certification of a Louisiana Community Development Financial Institution
A. The commissioner shall provide by rule or regulation in accordance with the provisions of the Administrative Procedure Act for the procedures for making an application as a LCDFI.
B. The commissioner shall review the articles of incorporation or the articles of partnership or articles of organization of each applicant entity for certification and the business history of the applicant entity, determine that the capitalization is at least five hundred thousand dollars from sources other than the state of Louisiana, and determine that the officers, board of directors, partners, managers, or members are thoroughly acquainted with the requirements of the LCDFI Act.
C. The commissioner shall also verify that the applicant entity has been certified as a CDFI by the United States Department of the Treasury.
D. Within sixty days of application, the commissioner shall issue the certification as a LCDFI and notify the Department of Revenue of said certification or shall refuse the certification and communicate in detail to the applicant entity the grounds for the refusal, including suggestions for the removal of those grounds.
E. The commissioner shall furnish a list of persons or businesses who may claim the tax credit to the Department of Revenue on an annual basis each calendar year following receipt of such quarterly information as provided for under R.S. 51:3087.
Acts 2005, No. 491, §1, eff. July 12, 2005.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3089. Rules and regulations

RS 51:3089 - Rules and regulations
The commissioner may make and promulgate rules and regulations in accordance with the Administrative Procedure Act as necessary to carry out the provisions of this Chapter, including but not limited to the following:
(1) Providing for definitions.
(2) Establishing licensure requirements.
(3) Providing for certification and decertification of licensees.
(4) Establishing fees and assessments.
(5) Establishing dates by which reports shall be filed with the commissioner.
(6) Providing for administrative and enforcement actions.
Acts 2005, No. 491, §1, eff. July 12, 2005.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3090. Guidance by commissioner; advisory opinions

RS 51:3090 - Guidance by commissioner; advisory opinions
Advisory opinions and interpretations of the commissioner shall not be considered rules requiring compliance with the rulemaking process under the Louisiana Administrative Procedure Act.
Acts 2005, No. 491, §1, eff. July 12, 2005.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3091. Other Office of Financial Institutions responsibilities

RS 51:3091 - Other Office of Financial Institutions responsibilities
The Office of Financial Institutions, in addition to other grants of authority, is hereby authorized to serve as a clearinghouse for information relevant to potential incorporators or organizers of a LCDFI and for the locating and promoting of qualified Louisiana businesses seeking infusions of capital.
Acts 2005, No. 491, §1, eff. July 12, 2005; Acts 2007, No. 345, §2, eff. June 30, 2007.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3092. Corporation income and franchise tax exemption

RS 51:3092 - Corporation income and franchise tax exemption
Notwithstanding any other provision of law to the contrary, any corporation that is a LCDFI as provided for in this Chapter shall be exempt from the corporation income tax and the corporation franchise tax levied pursuant to Title 47 of the Louisiana Revised Statutes of 1950 for five consecutive taxable periods. The exemption from the corporation income tax shall commence with the taxable period in which the capital company is certified by the commissioner. The exemption from the corporation franchise tax shall commence with the taxable period next following the taxable period in which certification as a LCDFI is obtained from the commissioner.
Acts 2005, No. 491, §1, eff. July 12, 2005; Acts 2015, No. 123, §2, eff. July 1, 2015; §4, eff. July 1, 2018; Acts 2018 2nd E.S., No. 4, eff. June 12, 2018.
NOTE: See Acts 2018 2nd E.S,, No. 4, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3093. Confidentiality of records

RS 51:3093 - Confidentiality of records
A. The provisions of R.S. 51:2389(G)(5) shall apply to all records of LCDFI provided to or generated by the Office of Financial Institutions.
B. In conjunction with the execution of their respective duties and responsibilities, the Office of Financial Institutions and the Department of Revenue may share with one another documents and other materials submitted by a LCDFI or by qualified Louisiana businesses. All information exchanged by the Office of Financial Institutions and the Department of Revenue shall be kept strictly confidential within the respective agencies.
C. Notwithstanding any provision in this Section to the contrary, the commissioner and the secretary of the Department of Revenue shall not be prohibited from disclosure of the following information:
(1) The total amount of certified capital raised.
(2) The total amount of certified capital raised by each LCDFI.
(3) The total amount of certified capital invested in qualified Louisiana businesses.
(4) The total amount of certified capital that each LCDFI has that has yet to meet the fifty percent or one hundred percent requirements contained in R.S. 51:3087.
(5) The total amount of certified capital invested in qualified Louisiana businesses by each LCDFI.
(6) The amounts and types of jobs created or retained by the investments of certified capital by each LCDFI.
Acts 2005, No. 491, §1, eff. July 12, 2005; Acts 2007, No. 345, §2, eff. June 30, 2007.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3094. Program termination

RS 51:3094 - Program termination
The program shall terminate on July 1, 2009, provided, however, that the provisions of this Chapter shall continue to apply to any granted tax credits until July 1, 2012.
Acts 2005, No. 491, §1, eff. July 12, 2005; Acts 2007, No. 345, §2, eff. June 30, 2007.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3101. Definitions

RS 51:3101 - Definitions
For purposes of this Chapter, the following terms and phrases shall have the following meaning:
(1) "Commissioner" means the commissioner of the Office of Financial Institutions.
(2) "Financial institution" means any state or federally chartered bank, savings bank, savings and loan association, or trust company, which is operating in Louisiana with an existing branch, branches or main office.
(3) "Local government" means a municipality or parish governing authority.
Acts 2007, No. 255, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3103. Rules and regulations

RS 51:3103 - Rules and regulations
A. The commissioner, in consultation with the Department of Economic Development, shall adopt rules and regulations regarding the criteria for the designation of banking development districts under this Chapter. The rules and regulations shall require the commissioner to consider:
(1) The location, number, and proximity of sites where banking services are available in the proposed district.
(2) A report prepared by the secretary of the Department of Economic Development which shall determine whether or not the proposed banking development district meets the following criteria:
(a) Consumer needs for banking services in the proposed district.
(b) The economic viability and local credit needs of the community in the proposed district.
(c) The existing commercial development in the proposed district.
(d) The impact additional banking services would have on potential economic development in the proposed district.
B. The commissioner shall promulgate such rules and regulations no later than January 1, 2008.
Acts 2007, No. 255, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3104. Designation of banking development districts; application

RS 51:3104 - Designation of banking development districts; application
A. A local government, in conjunction with a financial institution, may submit an application, on a form prescribed by the commissioner, to the commissioner for the designation of a banking development district within a specified geographic area.
B. A financial institution may apply to open a branch in the banking development district at the time the local government submits an application for the designation of such a district.
Acts 2007, No. 255, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3105. Determination

RS 51:3105 - Determination
A. No later than the ninety-first day after the date an application for the designation of a banking development district is submitted, the commissioner shall make a determination regarding whether to approve the application.
B. If the commissioner approves the application, he shall notify:
(1) The local government requesting the district.
(2) Any financial institution which will be located in the district.
(3) The secretary of the Department of Economic Development.
(4) The treasurer of the state of Louisiana.
Acts 2007, No. 255, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3106. Banking district depository

RS 51:3106 - Banking district depository
A. The governing body of a local government in which a banking development district has been designated under R.S. 51:3105 may, by resolution, designate a financial institution located in the district as a banking district depository for purposes of R.S. 39:1220 regardless of whether the financial institution is designated as a state depository. All existing financial institutions operating in an area that becomes designated as a banking development district shall be eligible to be designated as a banking district depository for the purposes of this Chapter.
B. A resolution adopted under Subsection A must specify the maximum amount that may be kept on deposit with the banking district depository.
Acts 2007, No. 255, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3107. Deposit of public funds by local government

RS 51:3107 - Deposit of public funds by local government
A. A local government may deposit public funds with a financial institution designated as a banking district depository.
B. Subject to an agreement between the governing body 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. The terms of the agreement must be specified in the resolution adopted under R.S. 51:3106.
Acts 2007, No. 255, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3108. Deposit of public funds by state

RS 51:3108 - Deposit of public funds by state
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.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3112. Eligibility requirements

RS 51:3112 - Eligibility requirements
A. A business shall be eligible to participate in the program if it determines all of the following requirements are met:
(1) The business is relocating a headquarters to the state, or is expanding a headquarters in the state.
(2) The secretary determines that participation in the program will be a significant factor in a highly competitive site selection situation to encourage the business to relocate or expand the headquarters in the state.
(3) The secretary determines that securing the project will result in a significant positive economic benefit to the state.
(4) Relocation or expansion of the headquarters will create a minimum of twenty-five headquarters jobs.
B. No business engaged in gaming or gambling shall be eligible for the program.
Acts 2012, No. 503, §1, eff. July 1, 2012.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3113. Application; recommendation; approval

RS 51:3113 - Application; recommendation; approval
A. At the invitation of the secretary, a business may apply for participation in the program by submitting to the department certified statements and substantiating documents as the department may require.
B. Upon determining the business meets the eligibility requirements of R.S. 51:3112, the secretary may request approval by the Joint Legislative Committee on the Budget of a contract providing for such participation on terms and conditions specified by the secretary.
C. No new contract shall be approved on or after July 1, 2017.
Acts 2012, No. 503, §1, eff. July 1, 2012.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3115. Rules

RS 51:3115 - Rules
The department may promulgate rules and regulations after approval by the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs meeting jointly within sixty days of publication of such rules and regulations in the Louisiana Register.
Acts 2012, No. 503, §1, eff. July 1, 2012; Acts 2013, No. 220, §24, eff. June 11, 2013.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3131. Purpose

RS 51:3131 - Purpose
The provisions of this Chapter establish the office of international commerce within the Department of Economic Development to serve as the authority on behalf of the state to advance the state's international commerce economic sector. The office of international commerce shall achieve this objective by utilizing the state's public and private resources to strategically develop and enhance Louisiana's participation and competitiveness in international commerce, by attracting foreign and domestic investment and trade related corporate business into the state, and by developing manufacturing, corporate, and service business activity based upon Louisiana's trade economy.
Acts 2012, No. 687, §2, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3133. Office of international commerce

RS 51:3133 - Office of international commerce
A. The office of international commerce is hereby created as an office within the Department of Economic Development.
B. The office shall include the secretary, the executive director of international commerce, staff of the department assigned to the office, the board, any advisory subcommittee appointed by the chairman of the board, and staff of the board and any advisory subcommittee.
Acts 2012, No. 687, §2, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3134. Powers and duties of the secretary and executive director

RS 51:3134 - Powers and duties of the secretary and executive director
A. The secretary shall administer and enforce the provisions of this Chapter relating to duties and activities of the office, the board, and advisory subcommittees of the board.
B. The secretary may execute partnerships, joint ventures, memoranda of understanding, cooperative endeavors, or other similar relationships with local, state, or federal public entities, foreign governments, nongovernmental organizations, or private entities and business interests to implement the master plan. Such state public entities shall include but are not limited to the following: the Department of Transportation and Development, the Department of Agriculture and Forestry, and the Department of Culture, Recreation and Tourism.
C. The executive director of the office of international commerce shall report directly to the secretary.
D. The secretary and the executive director shall represent the board in all matters.
E. The secretary and the executive director shall represent the policy and viewpoints of the office at foreign, state, regional, and local levels.
Acts 2012, No. 687, §2, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3138. Exceptions

RS 51:3138 - Exceptions
A. Notwithstanding any provision of law to the contrary, nothing in this Chapter shall be construed to affect the Port Construction and Development Priority Program, R.S. 34:3451 et seq.
B. Notwithstanding any provision of law to the contrary, nothing in this Chapter shall be construed to affect the Airport Construction and Development Priority Program, R.S. 2:801 et seq.
Acts 2012, No. 687, §2, eff. June 7, 2012.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3141. Scope and purpose

RS 51:3141 - Scope and purpose
A. The purposes of this Part are the following:
(1) To create a registration and assurance mechanism for home service contract providers in this state.
(2) To encourage innovation in the marketing and development of more economical and effective means of providing services under home service contracts while placing the risk of innovation on the providers rather than on consumers.
(3) To permit and encourage fair and effective competition among different systems of providing and paying for these services.
B. The following shall be exempt from this Chapter:
(1) Warranties as defined in this Chapter.
(2) Maintenance-only agreements as defined in this Chapter.
(3) Service contracts sold or offered for sale to persons other than consumers.
(4) Contracts sold or offered for sale on a single new item of property at the time of the sale of the property, or within one year of the date of the sale, which guarantee the performance of the service, repair, replacement, or maintenance of the property or guarantee to indemnify for the service, repair, replacement, or maintenance of a single item of residential property.
Acts 2015, No. 161, §1, eff. Jan. 11, 2016.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3142. Definitions

RS 51:3142 - Definitions
As used in this Chapter, unless the context otherwise requires, the following words and phrases shall be defined as follows:
(1) "Administrator" means the person who is responsible for the administration of the home service contract or the home service contract plan or who is responsible for any submission required by this Chapter.
(2) "Consumer" means a natural person who buys, other than for purposes of resale, any corporeal movable property that is distributed in commerce and that is normally used for personal, family, or household purposes and not for business or research purposes.
(3) "Home service contract" means a contract or agreement for a separately stated consideration for any duration to perform the service, repair, replacement, or maintenance of property or indemnification for service, repair, replacement, or maintenance, for the operational or structural failure of any residential property due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment or indemnity under limited circumstances. A home service contract may provide for the service, repair, replacement, or maintenance of property for damage resulting from power surges or interruption and accidental damage from handling and may provide for leak or repair coverage to house roofing systems. A home service contract is not insurance in this state or otherwise regulated under any provision of the Louisiana Insurance Code.
(4) "Maintenance-only agreement" means a contract of limited duration that provides only for scheduled maintenance and does not include repair or replacement.
(5) "Person" means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert.
(6) "Provider" means a person who is contractually obligated to provide the services or indemnification under a home service contract.
(7) "Provider fee" means the consideration paid for a home service contract.
(8) "Service contract holder" or "contract holder" means a person who is the purchaser or holder of a home service contract.
(9) "Warranty" means a warranty made solely by the manufacturer, importer, or seller of property or services, including builders on new home construction, without consideration, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property, or repetition of services.
Acts 2015, No. 161, §1, eff. Jan. 11, 2016.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3143. Requirements for doing business

RS 51:3143 - Requirements for doing business
A. Home service contracts shall not be issued, sold, or offered for sale in this state unless the provider has done each of the following:
(1) Registered with the secretary of state and remains in good standing.
(2) Provided a receipt for, or other written evidence of, the purchase of the home service contract to the contract holder.
(3) Provided a copy of the home service contract to the service contract holder within a reasonable period of time from the date of purchase.
(4)-(5) Repealed by Acts 2016, No. 327, §1.
B. Each provider of a home service contract sold in this state shall file an application for an initial registration with the secretary of state consisting of his name, address, and contact person, designating a person in this state for service of process, and providing a listing of all officers, all directors, and all owners of ten percent or more of the business. Additionally, the provider shall file a copy of its basic organizational documents, including articles of incorporation, articles of organization, articles of association, or a partnership agreement.
C. A registration shall be effective for two years unless the registration is denied or revoked. Ninety days prior to the expiration of a registration, a provider shall submit a renewal application on a form prescribed by the secretary of state.
D. Each registrant shall notify the secretary of state of any material change in the registration information within sixty days of the effective date of such change. The notice shall be accompanied by supporting documentation.
E. In order to assure the faithful performance of a provider's obligations to its contract holders and to insure its outstanding obligations, each provider shall obtain and file with the secretary of state a surety bond issued by a company licensed to do business in Louisiana in the amount of fifty thousand dollars. The term of the surety bond shall coincide with the years the registration is effective as provided in Subsection C of this Section.
F. Except for the registration requirements of this Section, providers, administrators, and persons marketing, selling, or offering to sell home service contracts are exempt from any licensing requirements of this state and shall not be subject to other registration information or security requirements.
G. The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of home service contracts by providers and related service contract sellers, administrators, and other persons is not insurance and shall be exempt from all provisions of the Louisiana Insurance Code.
Acts 2015, No. 161, §§1, 3(A), eff. Jan. 11, 2015; Acts 2015, No. 161, §§1, 3(B), eff. Jan. 15, 2016; Acts 2016, No. 243, §1, eff. May 26, 2016; Acts 2016, No. 327, §1; Acts 2018, No. 560, §5, eff. May 28, 2018; Acts 2020, No. 51, §1, eff. June 5, 2020; Acts 2022, No. 193, §5.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3144. Required disclosures; service contracts

RS 51:3144 - Required disclosures; service contracts
A. Each home service contract marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state shall be written, printed, or typed in clear, understandable language that is easy to read and shall disclose the requirements set forth in this Section, as applicable.
B. Every home service contract shall contain all the following information:
(1) The name and address of the provider and shall identify any administrator if different from the provider.
(2) The name of the service contract seller and name of the service contract holder to the extent that the name of the service contract holder has been furnished to the service contract provider. The identities of parties are not required to be preprinted on the service contract and may be added to the service contract at the time of sale.
(3) The total purchase price and the terms under which the service contract is sold. The purchase price is not required to be preprinted on the service contract and may be negotiated at the time of sale with the service contract holder.
(4) The existence of any deductible amount, if applicable.
(5) The goods and services to be provided and any limitations, exceptions, or exclusions.
(6) Any restrictions governing the transferability of the service contract, if applicable.
(7) The terms, restrictions, or conditions governing cancellation of the service contract prior to the termination or expiration date of the service contract by either the provider or the service contract holder. The provider of the service contract shall mail a written notice to the contract holder at the last known address of the service contract holder contained in the records of the provider at least fifteen days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider, or a substantial breach of duties by the service contract holder relating to the covered product or its use. The notice shall state the effective date of the cancellation and the reason for the cancellation.
(8) The obligations and duties of the service contract holder, including but not limited to the duty to protect against any further damage and any requirement to follow an owner's manual.
(9) Whether or not the service contract provides for or excludes consequential damages or preexisting conditions, if applicable. Service contracts may, but are not required to, cover damage resulting from rust, corrosion, or damage caused by a noncovered part or system.
(10) If prior approval of repair work is required, the procedure for obtaining prior approval and for making a claim, including a toll-free telephone number for claim service and a procedure for obtaining emergency repairs performed outside of normal business hours.
Acts 2015, No. 161, §§1, 3(A), eff. Jan. 11, 2016.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3145. Consumer's right to cancel

RS 51:3145 - Consumer's right to cancel
A home service contract shall require every provider to permit the service contract holder to return the home service contract within twenty days of the date the home service contract was mailed to the service contract holder or within ten days of delivery if the home service contract is delivered to the service contract holder at the time of sale or within a longer time period permitted under the home service contract. Upon return of the home service contract to the provider within the applicable time period, if no claim has been made under the home service contract prior to its return to the provider, the home service contract is void and the provider shall refund to the service contract holder, or credit the account of the service contract holder, with the full purchase price of the home service contract. The right to void the home service contract provided is not transferable and shall apply only to the original service contract holder and only if no claim has been made prior to its return to the provider. A ten percent penalty per month shall be added to a refund that is not paid or credited within forty-five days after return of the home service contract to the provider.
Acts 2015, No. 161, §§1, 3(A), eff. Jan. 11, 2016.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3146. Prohibited acts

RS 51:3146 - Prohibited acts
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.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3151. DNA testing kits; notice to user

RS 51:3151 - DNA testing kits; notice to user
A. Any company selling kits for DNA testing for any purpose shall provide the user of such kit with notice in a concise and easy-to-read manner informing the user of all of the following to the extent they apply to the DNA testing kit being provided by the company:
(1) Whether the user's DNA may be used for scientific research or analysis unrelated to the service that was purchased, and whether express consent is required for such research or analysis.
(2) Information on the nature of the scientific research and analysis unrelated to the service that was purchased that may be conducted with the user's DNA.
(3) Whether the user has the option to withhold consent to the use of his DNA for scientific research or analysis unrelated to the service that was purchased.
(4)(a) Whether the user's DNA may be shared with a third party for a purpose unrelated to the service that was purchased.
(b) Whether the user's DNA may be sold to a third party for any purpose.
(5) Whether the user has the ability to have his DNA destroyed by the company upon his request.
(6) A statement as to whether the user relinquishes ownership of his DNA by submitting his DNA for testing.
B. The company shall provide to the user the notices required in Subsection A of this Section through either of the following methods:
(1) A website or mobile application, if the user is required to access the website or mobile application in order to obtain the DNA testing service that was purchased.
(2) Through a written notice included in the box in which the testing kit is provided.
C. The provisions of this Section shall not apply to a company that utilizes the DNA only for the testing service purchased, and does not provide the DNA or the test results to a third person for another use or purpose.
Acts 2018, No. 571, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3152. Violations; penalty

RS 51:3152 - Violations; penalty
Any violation of this Chapter shall be treated as a deceptive and unfair trade practice and shall subject the violator to any and all penalties provided in the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq.
Acts 2018, No. 571, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3161. Scope and purpose; exemptions

RS 51:3161 - Scope and purpose; exemptions
A. The purposes of this Chapter are the following:
(1) To create a registration and assurance mechanism for motor vehicle service contract providers in this state.
(2) To encourage innovation in the marketing and development of more economical and effective means of providing services under motor vehicle service contracts while placing the risk of innovation on the providers rather than on consumers.
(3) To permit and encourage fair and effective competition among different systems of providing and paying for these services.
B. The following shall be exempt from this Chapter:
(1) Warranties as defined in this Chapter.
(2) Maintenance-only agreements as defined in this Chapter.
(3) Service contracts sold or offered for sale to persons other than consumers.
(4) Service contracts sold or offered for sale on a single item of property sold at the time of sale of the property or within a year of the date of sale.
(5) A vehicle mechanical breakdown insurance policy or vehicle component coverage contract offered by a vehicle mechanical breakdown insurer in compliance with the applicable provisions of Title 22 of the Louisiana Revised Statutes of 1950.
(6) Tire and wheel coverage sold by a retailer as a part of a service package in concert with the sale of one or more tires or one or more wheels in compliance with the applicable provisions of Title 22 of the Louisiana Revised Statutes of 1950.
C. The types of agreements referred to in Paragraphs (B)(1) through (4) of this Section are not insurance in this state and shall be exempt from any provision of the Louisiana Insurance Code.
Acts 2018, No. 592, §2, eff. Feb. 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3165. Consumer's right to cancel

RS 51:3165 - Consumer's right to cancel
A motor vehicle service contract shall require every provider to permit the service contract holder to return the motor vehicle service contract within twenty days of the date the motor vehicle service contract was mailed to the service contract holder or within ten days of delivery if the motor vehicle service contract is delivered to the service contract holder at the time of sale or within a longer time period permitted under the motor vehicle service contract. Upon return of the motor vehicle service contract to the provider within the applicable time period, if no claim has been made under the motor vehicle service contract prior to its return to the provider, the motor vehicle service contract is void and the provider shall refund to the service contract holder, or credit the account of the service contract holder, with the full purchase price of the motor vehicle service contract. The right to void the motor vehicle service contract provided is not transferable and shall apply only to the original service contract holder and only if no claim has been made prior to its return to the provider. A ten percent penalty per month shall be added to a refund that is not paid or credited within forty-five days after return of the motor vehicle service contract to the provider.
Acts 2018, No. 592, §2, eff. Feb. 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3166. Prohibited acts

RS 51:3166 - Prohibited acts
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 motor vehicle 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 motor vehicle 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 2018, No. 592, §2, eff. Feb. 1, 2019.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3171. Definitions

RS 51:3171 - Definitions
As used in this Chapter, the following words have the meaning ascribed to them in this Section unless the context clearly indicates otherwise:
(1) "Agreement" means a written contractual agreement between the merchant and the third-party delivery service.
(2) "Consumer" means a person, business, or other entity who places an order for merchant products through the third-party delivery platform.
(3) "Likeness" means the logo, motto, or any identifiable symbols attributed and easily identified as belonging to a specific merchant.
(4) "Merchant" means a restaurant or other retail entity.
(5) "Third-party delivery platform" means the online communication platform of the third-party delivery service on which a consumer can view and search the menus of merchants and place an order for merchant products through internet-enabled technology and digital media, including websites and consumer applications accessible through smart phones and other mobile devices.
(6) "Third-party delivery service" means a company, organization, or other entity, other than a merchant, that is licensed to do business in this state and provides limited delivery services to a consumer.
Acts 2020, No. 192, §1.
NOTE: This Section is updated through the 2020 First Extraordinary Session, but is subject to final technical revisions by the Louisiana State Law Institute.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3172. Agreement; indemnity; penalties

RS 51:3172 - Agreement; indemnity; penalties
A. In the absence of an agreement, a third-party delivery service shall not advertise, promote, or otherwise convey any relationship with a merchant or use the name, likeness, trademark, or intellectual property belonging to a merchant on the third-party delivery platform.
B. An agreement executed in accordance with this Chapter shall not include a provision, clause, or covenant that requires a merchant to indemnify a third-party delivery service, any independent contractor acting on behalf of the third-party delivery service, or any registered agent of the third-party delivery service, for any damages or harm that may occur after the merchant product leaves the place of business of the merchant.
C. A merchant whose name, likeness, trademark, or intellectual property is used by a third-party delivery service in violation of this Chapter shall have the right to bring an action in a court of competent jurisdiction.
D. Upon a finding by a court of competent jurisdiction that a third-party delivery service used the name, likeness, trademark, or intellectual property of a merchant in violation of this Chapter, the court may impose a civil penalty in an amount not to exceed five thousand dollars or the amount of the merchant's actual damages, whichever is greater. The court may, in its discretion, award attorney fees to the prevailing party.
Acts 2020, No. 192, §1.
NOTE: This Section is updated through the 2020 First Extraordinary Session, but is subject to final technical revisions by the Louisiana State Law Institute.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3202. Legislative findings; creation; intent

RS 51:3202 - Legislative findings; creation; intent
A. The Legislature of Louisiana hereby finds and declares all of the following:
(1) It is necessary and appropriate to honor the sacrifice that Louisiana veterans have made on our behalf.
(2) A program recognizing and promoting veteran-owned businesses will help to instill a sense of patriotism in the community and throughout the state and will aid the men and women who were wounded, incapacitated, or otherwise placed their lives on hold to fight for freedom.
(3) After serving in the armed forces, veterans often return with dreams of starting a business to continue to serve the community, reassimilate, and earn an income in civilian life.
(4) The legislature appreciates and recognizes veterans' sacrifices and intends to encourage and promote veteran-owned businesses as a vital part of the economy of the state.
B. The Legislature of Louisiana hereby creates The Veterans First Business Initiative which shall be administered by Louisiana Economic Development.
C. It is the intent of the Legislature of Louisiana:
(1) That The Veterans First Business Initiative shall highlight and promote veteran-owned businesses to the public making them easily identifiable and accessible to enable citizens to support veterans.
(2) That a cooperation among Louisiana Economic Development, the Louisiana Department of Veterans Affairs, local chambers of commerce, regional economic development organizations, and local economic development organizations throughout the state is harmoniously developed in order to promote veteran-owned businesses.
(3) That The Veterans First Business Initiative shall reach out to veterans who own businesses to encourage and assist the veteran to apply for the program and to facilitate interactions between veteran-owned businesses and veterans seeking employment.
Acts 2019, No. 160, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3203. Definitions

RS 51:3203 - Definitions
For the purposes of this Chapter, terms and phrases shall have the meanings ascribed as follows:
(1) "Department" means Louisiana Economic Development.
(2) "Veteran" is an individual who meets either of the following qualifications:
(a) A person who served in the active military and was discharged or released under conditions other than dishonorable.
(b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.
(3) "Veteran-owned business" means a business of which at least fifty-one percent is owned by a veteran or by a Gold Star surviving spouse of a member of the armed forces as defined by the United States Department of Defense, and as may be further provided for in rules promulgated under this Chapter.
Acts 2019, No. 160, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3204. Application; form; submission; confirmation; notification; appeal

RS 51:3204 - Application; form; submission; confirmation; notification; appeal
A.(1) The department shall develop an application process including an application form prescribed by the department, for the submission and processing of applications for certification of a business as a veteran-owned business.
(2) As part of its procedure for certification, the department may require applicants to provide information in addition to that requested on the application forms.
(3) No business may be decertified as a result of any changes of application form.
B. Upon receipt of an application, the department shall, in consultation with the Louisiana Department of Veterans Affairs, confirm that the applicant is a veteran and that the business is a veteran-owned business as defined in R.S. 51:3203.
C. The department shall notify the applicant of its decision to grant or deny certification promptly after the decision has been made. If the department denies the application, the decision shall set forth the basis for denial and provide the applicant the opportunity to appeal the decision.
Acts 2019, No. 160, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3205. Insignia; creation; use

RS 51:3205 - Insignia; creation; use
The department shall create an insignia for use by certified veteran-owned businesses to indicate to the public that the business is part of The Veterans First Business Initiative. After certification, a veteran-owned business shall have the right and privilege of displaying the insignia on its storefront and on any promotional or marketing materials. The display of the insignia serves to distinguish the business as being veteran-owned.
Acts 2019, No. 160, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3207. Outreach

RS 51:3207 - Outreach
The department shall work in cooperation with the Louisiana Department of Veterans Affairs for outreach to regional economic development organizations, local economic development organizations, and chambers of commerce throughout the state. The cooperation shall serve to encourage business owners who are veterans to seek certification as part of The Veterans First Business Initiative and to promote veteran-owned businesses that have been certified pursuant to the provisions of this Chapter.
Acts 2019, No. 160, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3211. Definitions

RS 51:3211 - Definitions
As used in this Chapter, the following terms have the meanings ascribed to them in this Section unless the context clearly indicates otherwise:
(1) "Consumer" means any individual who uses, purchases, or leases goods or services.
(2) "Digitized identification card" means a data file available on any mobile device which has connectivity to the internet through a state-approved application that allows the mobile device to download the data file from the Department of Public Safety and Corrections or an authorized representative of the Department of Public Safety and Corrections that contains all of the data elements visible on the face and back of a license or identification card and displays the current status of the license or identification card. For purposes of this Chapter, "current status" includes valid, expired, cancelled, suspended, disqualified, active, inactive, member, nonmember, eligible, or ineligible.
(3) "Person" means any individual, firm, partnership, corporation, association, union, public or private education institution, or other organization, including but not limited to a bar or restaurant that is engaged in trade or commerce within the geographic boundaries of this state.
(4) "Trade" or "commerce" means the advertising, offering for sale, sale, or distribution of any services, including educational services, and any property, corporeal or incorporeal, immovable or movable, and any other article, commodity, or thing of value wherever situated, and includes any trade or commerce directly or indirectly affecting the people of this state.
Acts 2020, 2nd Ex. Sess., No. 21, §1, eff. Dec. 22, 2020.