reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2401. Small Business Innovation Retention Fund; purpose; program administration

RS 51:2401 - Small Business Innovation Retention Fund; purpose; program administration
A. There is hereby created in the state treasury, as a special fund, the "Small Business Innovation Retention Fund", hereinafter referred to as the "fund".
B. The monies in the fund shall be used to provide financial assistance to certain Louisiana businesses that have received certain Small Business Innovation Research, hereinafter referred to as "SBIR", or Small Business Technology Transfer, hereinafter referred to as "STTR", federal grants.
C. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, all monies received for the purpose of the fund shall be deposited into the fund.
D. Monies in the fund shall be invested in the same manner as monies in the general fund. Interest earned on investment of monies in the fund shall be credited to the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
E. Subject to appropriation and the provisions of this Section, monies in the fund shall be used by the Department of Economic Development, hereinafter referred to in this Section as the "department", for awarding grants to selected applicants. The department shall establish criteria for grant eligibility, provide for an application process, and select eligible Louisiana business applicants to receive monies from the fund.
F. Up to one million one hundred five thousand dollars shall be annually disbursed from the fund as follows:
(1) Up to five hundred thousand dollars shall be allocated for Phase I SBIR or STTR federal grant recipients. Each selected applicant shall receive an amount equal to twenty-five percent of the Phase I SBIR or STTR federal grant the applicant has received, not to exceed fifty thousand dollars per applicant.
(2) Up to five hundred thousand dollars shall be allocated for Phase II SBIR or STTR federal recipients. Each selected applicant shall receive an amount equal to twenty percent of the Phase II SBIR or STTR federal grant the applicant has received, not to exceed one hundred thousand dollars per applicant.
(3) Up to one hundred five thousand dollars per year shall be allocated for the department for as long as the department administers grants from the fund.
(4) Each grant awarded pursuant to this Section shall be divided into two equal amounts and shall be disbursed to the selected applicant over a period of two consecutive years.
Acts 2022, No. 476, §1, eff. June 15, 2022.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2403. Small Business Innovation Fund; purpose; program administration

RS 51:2403 - Small Business Innovation Fund; purpose; program administration
A. There is hereby created in the state treasury, as a special fund, the "Small Business Innovation Fund", hereinafter referred to as the "fund".
B. The monies in the fund shall be used to provide financial assistance to certain Louisiana businesses applying for Small Business Innovation Research, hereinafter referred to as "SBIR", or Small Business Technology Transfer, hereinafter referred to as "STTR", federal research grants.
C. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, all monies received for the purpose of the fund shall be deposited into the fund.
D. Monies in the fund shall be invested in the same manner as monies in the general fund. Interest earned on investment of monies in the fund shall be credited to the fund. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund.
E. Subject to appropriation and the provisions of this Section, monies in the fund shall be used by the Department of Economic Development for awarding grants to selected applicants. The Louisiana Economic Development Corporation, hereinafter referred to as "corporation", in conjunction with the Louisiana State University and Agricultural and Mechanical College Louisiana Technology Transfer Office, hereinafter referred to as "LTTO", shall administer awards to selected applicants in the form of grants. The LTTO shall establish criteria for grant eligibility, provide for an application process, and select eligible Louisiana business applicants to receive monies from the fund.
F. Up to one hundred fifty thousand dollars shall be annually disbursed from the fund as follows:
(1) Up to sixty thousand dollars shall be disbursed to selected applicants in the form of grants for the purpose of assisting in the completion of Phase I SBIR or STTR federal grant applications. Any grant received pursuant to this Paragraph shall not exceed five thousand dollars per applicant.
(2) Up to sixty thousand dollars shall be disbursed to selected applicants in the form of grants for the purpose of assisting in the completion of Phase II SBIR or STTR federal grant applications. Any grant received pursuant to this Paragraph shall not exceed ten thousand dollars per applicant.
(3) Up to thirty thousand dollars shall be appropriated to the LTTO for the purpose of funding technical assistance, outreach programs, and program-related promotions.
Acts 2022, No. 508, §1, eff. June 15, 2022.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2421. Purpose

RS 51:2421 - Purpose
The purpose of this Chapter is to regulate the use of aftermarket crash parts by requiring disclosure when any use is proposed of an aftermarket, nonoriginal equipment manufacturer's crash part, and by requiring that the manufacturers of such aftermarket crash parts be identified.
Acts 1990, No. 765, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2422. Definitions

RS 51:2422 - Definitions
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.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2423. Identification

RS 51:2423 - Identification
Any aftermarket crash part supplied by a nonoriginal equipment manufacturer for use in this state after the effective date of this Chapter shall have affixed thereto or inscribed thereon the logo or name of its manufacturer. Such manufacturer's logo or name shall be visible after installation whenever practicable.
Acts 1990, No. 765, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2424. Disclosure

RS 51:2424 - Disclosure
A. No insurer shall specify the use of non-OEM aftermarket crash parts in the repair of an insured's motor vehicle, nor shall a repair facility or installer use non-OEM aftermarket parts to repair a vehicle, unless the insured is so advised in writing.
B. In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:
(1) The written estimate shall clearly identify each such part.
(2) A disclosure document containing the following information in ten point type or larger type shall appear on or be attached to the insured's copy of the estimate: "This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle."
Acts 1990, No. 765, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2425. Enforcement

RS 51:2425 - Enforcement
Any violation of the provisions of this Chapter shall be enforced through the unfair trade practices provisions of the Insurance Code and shall be enforced by the penalties provided for in said provisions.
Acts 1990, No. 765, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2452. Intent

RS 51:2452 - Intent
A. It is the intent of the Louisiana Legislature that the quality jobs benefits provided for in this Chapter in contracts for which an application is filed with the department after May 1, 2002, should be used primarily as an inducement for businesses to locate or expand existing operations in Louisiana in accordance with the Department of Economic Development's focus on Louisiana's traditional and seed clusters: Advanced Materials; Agriculture, Forest and Food Technology; Durable Goods (Marine, Automotive, Aviation); Entertainment; Information Technology; Biotechnology, Biomedical, and Medical Industries serving rural hospitals; Logistics and Transportation; Oil and Gas and Energy; Headquarters; and Petrochemical and Environmental Technology. A business operation should be considered for quality jobs benefits only if the business meets the provisions of R.S. 51:2453(2). It is the further intent of the Louisiana Legislature that the following should apply to quality jobs benefits provided both before and after that date:
(1) The state of Louisiana provide appropriate incentives to support employers who will make significant contributions to the development of the economy of the state of Louisiana.
(2) The amount of such incentives provided or made available to employers shall be directly related to the new direct jobs created as a result of the employer locating or expanding existing operations in the state of Louisiana.
(3) The Louisiana Department of Economic Development, the Louisiana Department of Revenue, and the Louisiana Workforce Commission shall implement the provisions of this Chapter and exercise all powers as authorized in this Chapter. The exercise of powers conferred by this Chapter shall be deemed and held to be the performance of essential public purposes.
B. Nothing herein shall be construed to constitute a guarantee or assumption by the state of Louisiana of any debt of any individual, company, corporation, or association or to authorize the credit of the state of Louisiana to be given, pledged, or loaned to any individual, company, corporation, or association.
C. No agency shall incur monetary or personnel costs paid with federal funds for compliance with the provisions of this Chapter when such use of the funds is prohibited by federal law.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2000, No. 46, §2, eff. June 28, 2000; Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2003, No. 47, §1, eff. May 22, 2003; Acts 2005, No. 326, §1; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2009, No. 438, §11(A); Acts 2017, No. 386, §3, eff. June 23, 2017.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2458. Employers receiving rebates not eligible to receive certain other tax credits and exemptions

RS 51:2458 - Employers receiving rebates not eligible to receive certain other tax credits and exemptions
Notwithstanding any other provision of law and except as provided in R.S. 51:2456(B), a qualified employer who receives a rebate pursuant to the provisions of this Chapter shall not be eligible to receive the other credits or exemptions provided for in the following provisions of law in connection with the activity for which the rebate was received:
(1) R.S. 47:34 (tax credit for generation of new jobs in Louisiana).
(2) Repealed by Acts 2009, No. 469, §2, eff. July 9, 2009.
(3) R.S. 47:4301 through 4306 (contracts for tax exemption for manufacturing establishments by Board of Commerce and Industry).
(4) R.S. 47:6004 (employer credit for employment of previously unemployed person).
(5) R.S. 47:6009 (Louisiana basic skills training tax credit -- income tax credit).
(6) R.S. 47:6010 (employer income tax credit for employee alcohol and substance abuse treatment programs).
(7) R.S. 51:1787 (incentives tax exemption from sales and use tax materials to be used in the construction of a building and for machinery and income tax credit for each employee in enterprise zone).
(8) R.S. 47:287.748 (re-entrant jobs credit for formerly incarcerated employees -- corporate income tax).
(9) R.S. 47:287.749 (corporate income tax credit for new jobs).
(10) R.S. 47:287.753 (neighborhood assistance income tax credit).
(11) An employer shall not receive any other nondiscretionary statutory incentive administered by the Department of Economic Development for any payroll expenditures for which the employer has received a credit pursuant to this Section.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2009, No. 469, §2, eff. July 9, 2009; Acts 2017, No. 386, §3, eff. June 23, 2017.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2459. Promulgation of rules

RS 51:2459 - Promulgation of rules
The Department of Economic Development, the Department of Revenue, and the Louisiana Workforce Commission shall each promulgate such rules as may be necessary to implement the provisions of this Chapter. However, prior to such rules taking effect all rules shall be approved by the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2460. False or fraudulent information in making application, claim for rebate, or other instrument; penalties

RS 51:2460 - False or fraudulent information in making application, claim for rebate, or other instrument; penalties
A. Any person making an application, claim for a rebate, or any report, return, statement, or other instrument or providing any other information pursuant to the provisions of this Chapter who willfully makes a false or fraudulent application, claim, report, return, statement, invoice, or other instrument or who willfully provides any false or fraudulent information, any person who willfully aids or abets another in making such false or fraudulent application, claim, report, return, statement, invoice, or other instrument, or any person who willfully aids or abets another in providing any false or fraudulent information, shall be guilty, upon conviction, of a felony and shall be punished by the imposition of a fine of not less than one thousand dollars and not more than fifty thousand dollars, or imprisoned for not less than two years and not more than five years, or both.
B. Any person convicted of a violation of this Section shall be liable for the repayment of all rebates which were granted to the employer. Interest shall be due on such rebates at the rate of fifteen percent per annum.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §1, eff. May 7, 1996; Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2461. §2461. Application deadline

RS 51:2461 - §2461. Application deadline
No new advance notifications under this Chapter shall be accepted by the Department of Economic Development after June 30, 2026. However, an employer that was approved by the department to receive incentives under the program on or before June 30, 2026, shall continue to receive incentives pursuant to the terms of its agreement with the state of Louisiana as long as the employer retains its eligibility.
Acts 1995, No. 1238, §1, eff. July 1, 1995; Acts 1996, 1st Ex. Sess., No. 39, §32, eff. May 7, 1996; Acts 1997, No. 596, §1; Acts 1998, No. 36, §1, eff. June 29, 1998; Acts 2000, No. 46, §2, eff. June 28, 2000; Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2004, No. 13, §1387; Acts 2007, No. 387, §1, eff. July 10, 2007; Acts 2007, No. 400, §1, eff. July 10, 2007; Acts 2010, No. 1034, §2; Acts 2011, No. 410, §1; Acts 2016, No. 663, §1, eff. July 1, 2016; Acts 2017, No. 386, §2, eff. June 23, 2017; Acts 2022, No. 254, §1, eff. June 3, 2022.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2462. Applicability to existing contracts

RS 51:2462 - Applicability to existing contracts
A. The provisions of this Chapter, as amended by Act No. 387 of the 2007 Regular Session, shall apply to every contract executed on or after June 30, 2007, except as provided for in Subsection B of this Section.
B. The provisions of this Chapter and rules adopted, as they existed prior to the enactment of amendments contained in Act No. 387 of the 2007 Regular Session may apply to contracts or advance notification that were executed or filed prior to June 30, 2008, however the employer has the option of amending its existing contract or at the time of the execution of the original contract or renewal of such contract adopting the terms of the Chapter as amended.
Acts 2002, 1st Ex. Sess., No. 153, §1, eff. May 1, 2002; Acts 2007, No. 387, §1, eff. July 10, 2007.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2601. Title

RS 51:2601 - Title
This Chapter shall be known and may be cited as the "Louisiana Equal Housing Opportunity Act".
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1997, No. 1141, §1, eff. July 1, 1999.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2602. Policy

RS 51:2602 - Policy
A. The legislature finds and declares that persons in this state who seek a place to live should be able to find such housing whenever it is available. Further, in many localities there may be housing shortages. All persons should therefore be able to compete for available housing on an open, fair, and equitable basis, regardless of race, color, religion, sex, disability, familial status, national origin, or natural, protective, or cultural hairstyle.
B. It is therefore declared to be the policy of Louisiana that there is a legitimate governmental interest in protecting the welfare of the people of Louisiana by enacting equal housing opportunity legislation to discourage discriminatory housing practices.
C. It is the policy of the state of Louisiana to provide, within state and federal constitutional limitations, for fair and equal housing opportunity throughout the state.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1997, No. 1141, §1, eff. July 1, 1999; Acts 2014, No. 811, §28, eff. June 23, 2014; Acts 2022, No. 529, §3.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2605. Exemptions

RS 51:2605 - Exemptions
A. Nothing in this Chapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin.
B. Nothing in this Chapter shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
C. Nothing in this Chapter limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision in this Chapter regarding familial status apply with respect to dwellings provided under any state or federal program specifically designed and operated to assist elderly persons, as defined in the state or federal program, or to housing for older persons. As used in this Subsection, "housing for older persons" means housing communities consisting of dwellings either:
(1)(a) Intended for, and at least eighty percent occupied by, at least one person who is fifty-five years of age or older per unit and providing significant facilities and services specifically designed to meet the physical or social needs of such persons; and
(b) The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years or older; or
(2) Intended for and occupied solely by persons sixty-two years of age or older.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1992, No. 569, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2607. Discrimination in residential real estate related transactions

RS 51:2607 - Discrimination in residential real estate related transactions
A. It is unlawful for any person or other entity whose business includes engaging in residential real estate related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, disability, familial status, national origin, or natural, protective, or cultural hairstyle.
B. As used in this Section, the term "residential real estate related transaction" means any of the following:
(1) The making or purchasing of loans or providing other financial assistance:
(a) For purchasing, constructing, improving, repairing, or maintaining a dwelling.
(b) Secured by residential real estate.
(2) The selling, brokering, or appraising of residential real property.
C. Nothing in this Chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, disability, or familial status.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 2014, No. 811, §28, eff. June 23, 2014; Acts 2022, No. 529, §3.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2608. Discrimination in provision of brokerage services

RS 51:2608 - Discrimination in provision of brokerage services
It is unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, disability, familial status, national origin, or natural, protective, or cultural hairstyle.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 2014, No. 811, §28, eff. June 23, 2014; Acts 2022, No. 529, §3.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2609. Interference, coercion, or intimidation

RS 51:2609 - Interference, coercion, or intimidation
It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this Chapter.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2610. Administration

RS 51:2610 - Administration
A. The authority and responsibility for administering this Chapter are with the Louisiana Department of Justice, office of the attorney general.
B.(1) The attorney general may delegate to the employees of his office, or, with the approval of the governor, to employees of the office of the governor or to boards or agencies under the authority of the governor, the functions, duties, and powers with respect to mediating, investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this Chapter. In developing mediation procedures to resolve complaints filed pursuant to this Chapter, the attorney general may request the assistance of members of the real estate and housing industry and other interested persons.
(2) For purposes of mediation, under this Chapter, the attorney general shall appoint a panel, consisting of three members who are government employees, who shall serve at his pleasure. The members of the panel shall be employees of the attorney general's office.
C. All state, parish, and local departments and agencies shall administer their programs and activities relating to housing and urban development in a manner to further the purposes of this Chapter and shall cooperate with the attorney general to further these purposes.
D. The attorney general may:
(1) Make studies with respect to the nature and extent of discriminatory housing practices in representative communities, urban, suburban, and rural, throughout the state.
(2) Publish and disseminate reports, recommendations, and information derived from such studies.
(3) Cooperate with and render technical assistance to federal, state, local, and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices.
(4) Cooperate with and enter into agreements with the United States Department of Housing and Urban Development and other United States agencies and enter into intergovernmental agreements with state and local agencies interested in practices governed by this Chapter, accept monies from these agencies and carry out and perform the covenants and conditions of any written agreement with such agencies not inconsistent with or beyond the provisions of this Chapter.
(5) Administer the programs and activities relating to housing in a manner affirmatively to further the policies of this Chapter.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1992, No. 569, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2614. Enforcement by attorney general

RS 51:2614 - Enforcement by attorney general
A. If, after investigation of a complaint filed pursuant to R.S. 51:2611, the attorney general finds reasonable cause to believe that any person or group of persons is engaged in resistance to the full enjoyment of any of the rights granted pursuant to this Chapter or that any person or group of persons has been denied any of the rights granted pursuant to this Chapter, and the complainant, the respondent, and the attorney general have not entered into a conciliation agreement, he shall bring a civil action in any appropriate state district court requesting relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the resistance or denial of rights.
B. In any civil action pursuant to Subsection A of this Section, the court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order and may award actual damages and punitive damages to any person found to have been denied any of the rights granted pursuant to this Chapter.
C. If the attorney general concludes at any time following the filing of a complaint that a discriminatory housing practice has occurred or is about to occur, he shall promptly commence and maintain a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1992, No. 569, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2701. Port Development Advisory Commission

RS 51:2701 - Port Development Advisory Commission
A. The Port Development Advisory Commission is hereby established within the office of port development. It shall be composed of the following:
(1) The secretary of the Department of Economic Development or his designee.
(2) The commissioner of multimodal commerce or his designee.
(3) The chairs of the Senate Committee on Commerce, Consumer Protection and International Affairs and the House Committee on Commerce or their designees.
(4) Three representatives of the Ports Association of Louisiana selected by its board of directors, including one representative each representing inland, deepwater, and coastal ports.
(5) Two representatives of the Regional Economic Alliance of Louisiana selected by its membership including one located outside of the coastal zone.
(6) A member of the Senate selected by the president of the Senate.
(7) A member of the House of Representatives selected by the speaker of the House of Representatives.
B. The Port Development Advisory Commission shall meet and develop an operational plan for the 2024 Regular Session of the Legislature for the following:
(1) An allocation of the department employees, equipment, facilities, and funding that the commission finds necessary to carry out the functions conferred upon the office of port development by the provisions of R.S. 36:108(C) to become effective on July 1, 2024.
(2) The organizational structure of the office of port development, with a further initial allocation of the office's powers, duties, responsibilities, officers, equipment, and employees among the specific divisions provided for in R.S. 36:108(C), to become effective on July 1, 2024.
(3) Proposed legislation for the 2024 Regular Session of the Legislature necessary to implement the operational plan on July 1, 2024.
C. The operational plan of the Port Development Advisory Commission shall be presented to the Senate Committee on Commerce, Consumer Protection and International Affairs and the House Committee on Commerce, meeting jointly, for their review, amendment, and approval no later than February 1, 2024.
D. A majority of the members of the commission shall constitute a quorum for the purpose of taking any action, and actions of the commission may be taken by an affirmative vote of the members of the commission present.
E. The commission shall elect a chairman and may elect other officers as it deems appropriate.
F. Members of the commission shall serve without compensation, except per diem or expenses reimbursement to which they may be individually entitled as members of the constituent organizations.
G. The department and Senate Legislative Services shall provide staff support for the commission.
H. After July 1, 2024, the commission shall continue to exist in an advisory capacity to the commissioner.
Acts 2023, No. 459, §2, eff. June 28, 2023.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2763. Express warranties; time limit to conform; duty to repair

RS 51:2763 - Express warranties; time limit to conform; duty to repair
A. A manufacturer who sells an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The express warranty shall be in effect for no less than one year from the date the assistive device is first delivered to the consumer. If a manufacturer fails to furnish an express warranty as required by this Section, the assistive device shall be covered by an express warranty as if the manufacturer had furnished an express warranty to the consumer as required by this Section.
B. If an assistive device covered by an applicable express warranty exhibits a nonconformity, the consumer/agency shall do both of the following:
(1) Report the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized device dealers.
(2) Make the assistive device available for repair within an applicable express warranty period.
C. Once a nonconformity is reported and the assistive device is made available for repair, the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers shall make an attempt to repair the nonconformity.
Acts 1993, No. 907, §1, eff. June 23, 1993; Acts 1999, No. 1048, §1, eff. July 9, 1999.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2765. Nonconformity disclosure requirement

RS 51:2765 - Nonconformity disclosure requirement
No assistive device returned by a consumer or assistive device lessor in this state or any other state may be sold or leased again in this state unless full disclosure of the reason for return is made to any prospective buyer or lessee.
Acts 1993, No. 907, §1, eff. June 23, 1993.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2766. Manufacturer's duty to provide reimbursement for temporary replacement of assistive devices; penalties

RS 51:2766 - Manufacturer's duty to provide reimbursement for temporary replacement of assistive devices; penalties
A. When the consumer tenders or exchanges a nonconforming assistive device that is covered by an express warranty to the dealer from whom it was purchased for the repair of any nonconformity to which the warranty is applicable and at least one of the following conditions exists, the manufacturer shall provide rental assistive device reimbursement of up to twenty dollars per day, to be paid directly to the consumer for the duration of the repair period. The applicable conditions are as follows:
(1) The repair period exceeds ten working days, including the day on which the device is tendered to the manufacturer or a dealer designated by the manufacturer for repairs and no comparable replacement device is provided. If the dealer does not tender the device to the manufacturer in a timely enough manner for the manufacturer to make the repairs within ten days, then the manufacturer shall have a cause of action against the dealer for reimbursement of any penalties that it must pay.
(2) The nonconformity is the same for which the assistive device has been tendered to the dealer for repair on at least two previous occasions.
B. The provisions of this Section regarding a manufacturer's duty shall apply for the period of the manufacturer's express warranty.
Acts 1993, No. 907, §1, eff. June 23, 1993; Acts 1999, No. 1048, §1, eff. July 9, 1999.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2767. Other remedies

RS 51:2767 - Other remedies
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.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2771. Null and void June 30, 2000. See Acts 1998, No. 36, §1, eff. June 29, 1998.

RS 51:2771 - Null and void June 30, 2000. See Acts 1998, No. 36, §1, eff. June 29, 1998.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3042. Energy type; defined

RS 51:3042 - Energy type; defined
For the purposes of this Chapter, "energy type" includes aviation fuel, biofuel, compressed natural gas, diesel, electricity to be utilized for the charging of electric vehicles, gasoline, gas distillates, hydrogen, liquified petroleum gas, and renewable diesel.
Acts 2022, No. 546, §1, eff. June 17, 2022.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3043. Consumer access; prohibitions

RS 51:3043 - Consumer access; prohibitions
A. No local governing authority shall adopt an ordinance, rule, or law that limits consumer access to an energy type or that results in the prohibition of a wholesaler, retailer, energy producer, or the related infrastructure necessary to provide consumer access to a specific energy type within the jurisdiction of the local governing authority.
B. Nothing in this Chapter shall be construed to restrict, impair, or diminish the regulatory authority of the Louisiana Energy and Power Authority, a municipally owned electric system, the Louisiana Public Service Commission in accordance with Article IV, Section 21 of the Constitution of Louisiana, or any governing authority of a political subdivision that regulates a public utility in accordance with Article IV, Section 21 of the Constitution of Louisiana.
Acts 2022, No. 546, §1, eff. June 17, 2022.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3052. Definitions

RS 51:3052 - Definitions
As used in this Chapter, the following terms have the meanings ascribed unless the context clearly indicates otherwise:
(1) "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit.
(2) "Critical infrastructure" means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.
(3) "Cybersecurity" means the measures taken to protect a computer, computer network, computer system, or other technology infrastructure against unauthorized use or access.
(4) "Designated country" means a country designated by the governor as a threat to critical infrastructure pursuant to R.S. 51:3054.
(5) "Governmental entity" means a state agency or political subdivision of this state.
Acts 2022, No. 766, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3053. Prohibited contracts

RS 51:3053 - Prohibited contracts
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.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3054. Designation of country as a threat to critical infrastructure

RS 51:3054 - Designation of country as a threat to critical infrastructure
A. The governor, after consultation with the director of the Governor's Office of Homeland Security and Emergency Preparedness, may designate a country as a threat to critical infrastructure for purposes of this Chapter.
B. The governor shall consult the Senate and House select committees on homeland security to assess a threat to critical infrastructure for purposes of making a designation under this Section.
Acts 2022, No. 766, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3061. Legislative findings

RS 51:3061 - Legislative findings
The legislature hereby finds and declares that:
(1) Net energy metering encourages the use of renewable energy resources and renewable energy technologies. Increasing the consumption of renewable energy resources promotes the wise use of Louisiana's natural energy resources to meet a growing energy demand, increases Louisiana's use of indigenous energy fuels and fosters investment in emerging renewable technologies to stimulate economic development and job creation in the state.
(2) Louisiana should actively encourage the manufacture of new technologies through promotion of emerging energy technologies. Net energy metering could help to further attract energy technology manufacturers, providing a foothold for these technologies in the Louisiana economy, and easier customer access to these technologies.
(3) Energy produced from forest products' manufacturing bioenergy feedstocks shall be considered renewable and carbon neutral. When paired with carbon capture technologies, known as bioenergy with carbon capture and storage, it may be considered carbon negative.
(4) Energy produced from agricultural harvesting, including bagasse produced from sugarcane processing, shall be considered renewable and carbon neutral. When paired with carbon capture technologies, known as bioenergy with carbon capture and storage, it may be considered carbon negative.
Acts 2003, No. 653, §1, eff. Oct. 1, 2003; Acts 2022, No. 275, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3063. Net energy metering

RS 51:3063 - Net energy metering
A. An electric utility that offers residential or commercial electrical service, or both, shall allow net energy metering facilities to be interconnected using a meter capable of registering the flow of electricity in two directions.
B. The commission, after notice and opportunity for public comment:
(1) Shall establish appropriate rates, terms, and conditions for net energy metering contracts.
(2) Shall authorize an electric utility to assess a net energy metering customer a greater fee or charge, of any type, if the electric utility's direct costs of interconnection and administration of net energy metering outweigh the distribution system, environmental, and public policy benefits of allocating the cost among the electric utility's entire customer base. The net metering customer shall reimburse the utility for any costs in excess of those to serve a traditional customer.
C. Nothing in this Chapter shall derogate from the commission's constitutional authority to regulate, as applicable, all common carriers and public utilities, particularly the authority to implement rules, regulations, and tariffs to ensure that neither an electric utility nor its ratepayers shall be adversely affected, or to subsidize activities authorized under this Chapter.
Acts 2003, No. 653, §1, eff. Oct. 1, 2003; Acts 2008, No. 543, §1, eff. June 30, 2008.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3072. Legislative findings

RS 51:3072 - Legislative findings
The legislature hereby finds and declares that:
(1) The privacy and financial security of individuals are increasingly at risk due to the ever more widespread collection of personal information.
(2) Credit card transactions, magazine subscriptions, telephone numbers, real estate records, automobile registrations, consumer surveys, warranty registrations, credit reports, and Internet web sites are all sources of personal information and form the source material of identity theft.
(3) The crime of identity theft is on the rise in the United States. Criminals who steal personal information use the information to open credit card accounts, write bad checks, buy automobiles, and commit other financial crimes using the identity of another person.
(4) Identity theft is costly to the marketplace and to consumers.
(5) Victims of identity theft must act quickly to minimize the damage; therefore, expeditious notification of possible misuse of a person's personal information is imperative.
Acts 2005, No. 499, §1, eff. Jan. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3073. Definitions

RS 51:3073 - Definitions
As used in this Chapter, the following terms shall have the following meanings:
(1) "Agency" means the state, a political subdivision of the state, and any officer, agency, board, commission, department or similar body of the state or any political subdivision of the state.
(2) "Breach of the security of the system" means the compromise of the security, confidentiality, or integrity of computerized data that results in, or there is a reasonable likelihood to result in, the unauthorized acquisition of and access to personal information maintained by an agency or person. Good faith acquisition of personal information by an employee or agent of an agency or person for the purposes of the agency or person is not a breach of the security of the system, provided that the personal information is not used for, or is subject to, unauthorized disclosure.
(3) "Person" means any individual, corporation, partnership, sole proprietorship, joint stock company, joint venture, or any other legal entity.
(4)(a) "Personal information" means the first name or first initial and last name of an individual resident of this state in combination with any one or more of the following data elements, when the name or the data element is not encrypted or redacted:
(i) Social security number.
(ii) Driver's license number or state identification card number.
(iii) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account.
(iv) Passport number.
(v) Biometric data. "Biometric data" means data generated by automatic measurements of an individual's biological characteristics, such as fingerprints, voice print, eye retina or iris, or other unique biological characteristic that is used by the owner or licensee to uniquely authenticate an individual's identity when the individual accesses a system or account.
(b) "Personal information" shall not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
Acts 2005, No. 499, §1, eff. Jan. 1, 2006; Acts 2018, No. 382, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3075. Recovery of damages

RS 51:3075 - Recovery of damages
A civil action may be instituted to recover actual damages resulting from the failure to disclose in a timely manner to a person that there has been a breach of the security system resulting in the disclosure of a person's personal information.
Acts 2005, No. 499, §1, eff. Jan. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:3076. Financial institution; compliance

RS 51:3076 - Financial institution; compliance
A financial institution that is subject to and in compliance with the Federal Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice, issued on March 7, 2005, by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the office of the comptroller of the currency and the office of thrift supervision, and any revisions, additions, or substitutions relating to said interagency guidance, shall be deemed to be in compliance with this Chapter.
Acts 2005, No. 499, §1, eff. Jan. 1, 2006.