reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1611. Sale, transportation, and acceptance of fuel following a natural disaster

RS 51:1611 - Sale, transportation, and acceptance of fuel following a natural disaster
A. Notwithstanding any other provision of law to the contrary, following a disaster or emergency declared in accordance with the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721 et seq., and upon written authorization from the secretary of the Department of Transportation and Development, the diversion, sale, transport, delivery, or acceptance of gasoline, diesel fuel, liquified petroleum gas, motor fuel, special fuel, gasohol, liquified natural gas, and other types of fuel, across jurisdictional boundaries within this state shall not be restricted or prohibited when needed for disaster recovery, including but not limited to supplying fuel to generators, motor vehicles, homes, and other resources to provide electricity, heat, light, meals, and other necessities to persons in affected areas.
B. This provision shall not be construed as waiving any mandatory federal law, nor as creating any exception thereto, to the extent that any such law may be applicable to the transport of commodities described in this Section.
Acts 2022, No. 73, §1; Acts 2022, No. 546, §1, eff. June 17, 2022.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1701. Fees and deposits

RS 51:1701 - Fees and deposits
A. No rental referral agency shall charge or attempt to collect any fees or other things of value from persons given access to rental listings, except where rental housing is in fact obtained by such persons from the listings of or through the assistance of that agency. Such housing is deemed obtained when the prospective tenant has accepted the owner's offer to rent the property.
B. Deposits to be applied toward fees may be required by a rental referral agency in conjunction with a written contract stating:
(1) Specifications of housing sought by the applicant, including maximum rent, geographic area, number of bedrooms required, and number of children to be housed;
(2) That the agency will use its best efforts to find such housing for the applicant;
(3) That the deposit will be refunded within ten days of the applicant's request should the specified housing not be obtained through the agency's listings or assistance within one month of the date of the contract.
Added by Acts 1979, No. 407, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1702. Unfair advertising

RS 51:1702 - Unfair advertising
A. No rental referral agency or agency employee shall make any representation that any listing or group of listings is available for rent unless the listing or group of listings has been verified as available by the owner or his agent within forty-eight hours prior to the representation. The availability of property described in media advertisements shall be verified within forty-eight hours prior to the appearance of the advertising.
B. Notations of the time and date of verification and the verifier's identity shall be recorded by the agency and made available for the inspection of the attorney general or any person from whom the agency has received a deposit or fee.
C. Failure to verify, document verification, or provide materials for inspection as required by this Section shall constitute an unfair trade practice under R.S. 51:1405(A).
Added by Acts 1979, No. 407, §1. Amended by Acts 1988, No. 625, §6.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1703. Bond required; penalty

RS 51:1703 - Bond required; penalty
A. No rental referral agency shall require a deposit without first posting and maintaining a surety bond to guarantee the return of said deposits to persons who do not obtain housing through the listings or services of the agency. The bond shall be in the amount of five thousand dollars, and shall be posted with the secretary of state.
Said bond shall be issued by a surety authorized to do business in this state.
B. The term of the bond shall be continuous, but it shall be subject to termination by the surety upon giving sixty days written notice to the principal and to the assistant secretary. The bond shall continue in effect during the sixty day period.
C. A copy of said bond shall be conspicuously posted on the premises of the agency near the location where deposits are received.
D. It shall be unlawful for any rental referral agency owner or employee to post an expired bond or a bond which does not meet the requirements of Section 1703.
E. It shall be unlawful for any rental referral agency owner or employee to collect or attempt to collect any deposit toward a fee where a valid bond as required by Subsections A and B is not posted as required by Subsection C.
F. Any person who is found guilty of any act prohibited by Subsections D and E of this Section shall be guilty of a misdemeanor and shall be fined five hundred dollars or imprisoned for one to six months, or both.
Added by Acts 1979, No. 407, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1711. Work-at-home solicitations; requirements

RS 51:1711 - Work-at-home solicitations; requirements
It shall be an unfair and deceptive trade practice for any person or entity to advertise, represent, or imply that another can gain income while engaged in work at home, unless the person or entity making the advertisement or representation disclosed in writing, before accepting any payment or obligation to pay:
(1) An exact description of the work to be performed.
(2) The amount of any wage, salary, set fee, or commission to be paid for the performance of the represented tasks, or the lack thereof.
(3) The amount of any payment, deposit, or donation for memberships, kits, programs, materials, information, or other items or services which may be solicited from respondents to the advertisement or representation.
Added by Acts 1980, No. 830, §1; Acts 1997, No. 977, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1722. Violations; penalties

RS 51:1722 - Violations; penalties
A. Violation of any of the provisions of this Chapter shall constitute an unfair practice under R.S. 51:1405(A).
B. Whoever violates any provision of this Chapter shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both, for each such violation.
Acts 1983, No. 527, §1; Acts 1987, No. 488, §1; Acts 1990, No. 760, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1723. Representation of having won anything of value or of having been specially selected; simulation of checks and invoices

RS 51:1723 - Representation of having won anything of value or of having been specially selected; simulation of checks and invoices
A.(1) No person shall, in connection with the sale or lease or the solicitation for the sale or lease of goods, property, or service, represent that another person has won anything of value or is the winner of a contest, unless each of the following conditions is met:
(a) The recipient of the prize, gift, or item of value shall be given the prize, gift, or item of value without obligation.
(b) The prize, gift, or item of value shall be delivered to the recipient, at no expense to him, within ten days of representation.
(c) The prize, gift, or item of value shall be delivered to the recipient within ten days of representation without assessing the recipient any shipping and handling charges.
(2) The use of language that may lead a reasonable person to believe he has won a contest or anything of value, including but not limited to "Congratulations", or "You have won", or "You are the winner of", shall be considered a representation of the type governed by this Section. The use of such language on an envelope, envelope window, flier, or insert card shall be prohibited on any solicitations or notifications in which the consumer is not previously established as the winner or recipient of the prize, gift, or item of value referred to unless any conditions are clearly and conspicuously disclosed. If the marketing material or direct mail package contains a notification of conditional status in a promotion or contest, no text in any of the enclosed material or on the envelope shall contain the words "Congratulations", "You have won", "You are the winner of", or any substantially similar words or phrases unless any conditions are clearly and conspicuously disclosed.
B.(1) No person shall represent that another person has been specially selected in connection with the sale or lease or solicitation for sale or lease of goods, property, or service, unless the selection process is designed to reach a particular type or types of persons.
(2) The use of any language that may lead a reasonable person to believe he has been specially selected, including but not limited to "carefully selected", or "You have been selected to receive", or "You have been chosen", shall be considered a representation of the type governed by this Section.
C. In connection with the sale or lease or solicitation for the sale or lease of goods, property, or service, no person shall issue any writing which simulates or resembles:
(1) A check unless the writing clearly and conspicuously discloses its true value and purpose, and the writing would not mislead a reasonable person; or
(2) An invoice unless the intended recipient of the invoice has actually contracted for goods, property, or services for which the issuer seeks proper payment.
Acts 1990, No. 760, §1; Acts 1995, No. 280, §1; Acts 1999, No. 511, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1725. Mail solicitations for contest participation

RS 51:1725 - Mail solicitations for contest participation
A.(1) No person or entity shall solicit an individual by mail to participate in a contest unless such solicitation contains either of the following:
(a) A statement of the odds that a participant making a single entry in such contest has of winning each item offered as a gift, prize, or thing of value.
(b) A statement that the odds depend upon the number of entries received.
(2) Such a statement shall be clearly and conspicuously printed on the face of the solicitation in bold type of at least twelve points or shall be contained in a section with contest rules.
B. Each violation of this Section shall constitute an unfair practice under R.S. 51:1405(A) and shall be punishable as provided in R.S. 51:1722(B).
Acts 1995, No. 1169, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1726. Sweepstakes promotions

RS 51:1726 - Sweepstakes promotions
A. Except as otherwise provided in this Chapter, the winner of any sweepstakes promotion shall be revealed in only one of the following manners:
(1) Through posting on a printed list.
(2) Through the use of scratch-off tickets or cards.
(3) Through the use of pull-tab tickets or cards.
(4) By contacting the winner in writing or through telephone communication.
B. For the purposes of this Section, the following words and phrases shall have the following meanings:
(1) "Contest" means any activity that involves competition between one or more persons.
(2) "Game" means any activity undertaken or regarded as a contest, whether or not such contest involves an element or degree of chance.
(3) "Pull-tab ticket" or "pull-tab card" means any pre-designated ticket or card that has its face covered to conceal whether a person has won a prize.
(4) "Scratch-off ticket" or "scratch-off card" means any preprinted ticket or card that, after a latex or other covering is removed, indicates immediately whether a person has won a prize.
(5) "Sweepstakes promotion" means any game, contest, or other offering where entry into the game, contest, or other offering, whether allowed gratuitously or through a bargained-for exchange, is offered in connection with the promoting or advertising of any one of the following:
(a) A business or an extension thereof.
(b) A product.
(c) An investment opportunity.
(d) A charitable contribution.
(e) A service.
C. The Department of Justice, office of attorney general, shall regulate sweepstakes promotions provided for in this Section and the electronic display of sweepstakes winners as provided for in R.S. 51:1727.
D. The provisions of this Section shall not apply to entities holding sweepstakes or contests to which only the entities' employees may enter.
E. The provisions of this Section shall not apply to persons or entities licensed or permitted pursuant to the provisions of Titles 4 and 27 of the Louisiana Revised Statutes of 1950.
F. The provisions of this Section shall not apply to any sweepstake, contest, or similar activity authorized and regulated by Title 26 of the Louisiana Revised Statutes of 1950.
Acts 2012, No. 653, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1730. Definitions

RS 51:1730 - Definitions
As used in this Chapter, the following terms and phrases shall have the meanings hereinafter ascribed to them:
(1) "Advertisement" means any promotion of 900, 976, or any other pay-per-call service by means of any radio, television, video or print media, telemarketing, or any other communication promoting a 900 or 976 number, service, or program to consumers.
(2) "Carrier" means any company that provides telecommunications transmission services.
(3) "Consumer" means a telephone user or end-user who calls or may call a 900, 976, or any other pay-per-call service.
(4) "Department" means the Department of Justice.
(5) "Pay-per-call service" means any passive, interactive, polling, or other similar audiotext service that is accessed through a seven or ten digit telephone number that is provided for a charge to a caller through an exclusive telephone number prefix or service access code.
(6) "Sponsor" means an individual, corporation, association, partnership, or other entity that sells a pay-per-call service on whose behalf charges are billed, but shall not include a public utility regulated by the state or the Federal Communications Commission or an interexchange carrier which provides transport or billing, or both, and collection services for a pay-per-call service, unless the public utility or interexchange carrier actually produces or promotes the pay-per-call service.
(7) "Subscriber" means any person or entity in whose name a telephone account is billed.
Acts 1991, No. 808, §1; Acts 1992, No. 176, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1732. Registration requirements for prizes, sweepstakes, games of chance, job lines, and loans

RS 51:1732 - Registration requirements for prizes, sweepstakes, games of chance, job lines, and loans
Any sponsor which solicits calls for a prize, contest, sweepstakes, reward, give-away, credit card, loan, or job information shall also provide the following information to the attorney general. All other sponsors shall provide the following upon request of the attorney general or his representative or any district attorney's office:
(1) For television, video, or any on-screen advertisements, a copy of the story board and videotape recording.
(2) For radio advertisement, a copy of the script and audio cassette recording.
(3) For print, a copy of the advertisement as produced for publication.
(4) For telephone-initiated solicitations, a copy of any script to be used by the salesperson making the call.
(5) For direct mail solicitation, a copy of the entire mailing.
(6) A copy of the sponsor's audiotext, prerecorded, or live operator scripts or other 900, 976, or any other pay-per-call service program messages, and a written transcript of the messages.
(7) A copy of the entire package of information, if any, as part of the goods or services to be provided to subscribers.
Acts 1991, No. 808, §1; Acts 1992, No. 176, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1733. Other prohibitions

RS 51:1733 - Other prohibitions
No sponsor shall:
(1) Use advertisements or provide any pay-per-call services which are false, misleading, or deceptive in any manner or violate the provisions of this Chapter or any federal law or regulation.
(2) Solicit calls which are interactive that contain unnecessary repetition of information or employ gimmicks or any other means to prolong the length of a call.
(3) Provide untimely or out-of-date information.
(4) Fail to immediately disconnect any call when a subscriber hangs up.
(5) Cause a subscriber to be misled, deceived, or confused by the advertising for a 900, 976, or any other pay-per-call service or pay-per-call service itself.
(6) Provide any 900, 976, or any other telecommunication service which is incomplete, garbled, or of such quality as to render it inaudible or unintelligible.
(7) Provide any 900, 976, or any other pay-per-call service which is of such speed as to cause the subscriber to be unable to understand the information given and which encourages a second call to the 900 or 976 number.
(8) Attempt to collect for any 900 or 976 call or any other call made to a pay-per-call service when the subscriber no longer wishes to make a charitable or political contribution which was pledged or solicited through the use of such a call service.
(9) Report any subscriber's failure to pay to any credit reporting agency or consumer reporting agency for a 900 or 976 telephone call, or any other call made to a pay-per-call service when such call was solicited in violation of this Chapter.
(10) Advertise on television, between the hours of 6:00 a.m. and midnight, the availability of messages or conversations which explicitly or implicitly offer or are intended to offer sexual stimulation or arousal.
Acts 1991, No. 808, §1; Acts 1992, No. 176, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1734. Violations

RS 51:1734 - Violations
A. Any sponsor that violates any provision of this Chapter shall be assessed a civil penalty of five thousand dollars for the first violation and ten thousand dollars for a second or subsequent violation.
B. Any violation of this Chapter by a sponsor shall constitute an unfair practice under R.S. 51:1405(A).
Acts 1991, No. 808, §1; Acts 1992, No. 176, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1735. Exemptions

RS 51:1735 - Exemptions
The provisions of this Chapter shall not apply to acts done by the owner, agent, or employee of a radio or television station when the owner, agent, or employee did not have actual knowledge of the false, misleading, or deceptive characters of the advertisement, did not prepare the advertisement, and did not have any direct financial interest in the sale or distribution of the advertised product or service.
Acts 1992, No. 176, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1741.1. Legislative findings

RS 51:1741.1 - Legislative findings
The legislature of the state of Louisiana finds that the citizens of this state are potential targets of a telephone scam known as "caller ID spoofing" or "caller ID fraud," which allows a caller to hide his or her true identity by modifying caller ID information with the intent to mislead, defraud, deceive, cause harm, or wrongfully obtain anything of value. It is, therefore, the intent of this Chapter to protect Louisiana citizens from such scams which have led to financial loss, the loss of personal information, harassment, and potentially threatening telephone calls.
Acts 2009, No. 105, §1; Acts 2018, No. 652, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1741.3. Definitions

RS 51:1741.3 - Definitions
For the purposes of this Chapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
(1) "Caller" means a person who places a call by a telephone or over a telephone line, even if the person begins the call on a computer through Voice over Internet Protocol (VoIP).
(2) "Caller identification system" means a listing of a caller's name, telephone number, name of a legitimate or fictitious business, or name and telephone number that is shown to a recipient of a call when the recipient answers.
(3) "False information" means data that misrepresents the identity of the caller to the recipient of a call using a telephone number that is currently assigned to another telephone user, whether an individual or a business, except that when a person making an authorized call on behalf of another person inserts the name, telephone number, or name and telephone number of the person on whose behalf the call is being made, such information shall not be deemed false information.
(4) "Insert" means to enter by voice communication, by written communication, or by otherwise entering into a computer.
Acts 2009, No. 105, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1741.4. Unlawful acts; exceptions

RS 51:1741.4 - Unlawful acts; exceptions
A. It shall be unlawful for a caller to knowingly insert false information into a caller identification system with the intent to mislead, defraud, deceive, cause harm, or wrongfully obtain anything of value.
B. The provisions of this Chapter shall not apply to:
(1) Any blocking of caller identification information.
(2) Any municipal, parish, state, or federal law enforcement agency pursuant to an active criminal investigation.
(3) Any federal intelligence or security agency.
(4) Any private investigator licensed by the state of Louisiana or any duly authorized process server that is used in connection with a civil, criminal, administrative, or arbitral proceeding, including the service of process, investigation in anticipation of litigation, the execution or enforcement of judgments, or compliance with the orders of any court.
(5) Caller identification manipulation specifically authorized by court order.
Acts 2009, No. 105, §1; Acts 2018, No. 652, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1741.5. Remedies for violation

RS 51:1741.5 - Remedies for violation
A. Whoever violates the provisions of this Chapter shall be subject to injunctive relief, treble damages, court costs, and reasonable attorney fees.
B. Any person or entity who is adversely affected by a violation of this Chapter may bring an action against a person who knowingly inserts false information into a caller identification system with the intent to cause harm to, wrongfully obtain anything of value from, mislead, defraud, or deceive the recipient of a telephone call. A person who brings an action under this Chapter may seek to enjoin further violations of R.S. 51:1741.4 and seek to recover as provided for in this Section.
C. The attorney general, or a district attorney in a parish where a violation occurs, may bring an action against a violator for injunctive relief and to recover a civil penalty of up to ten thousand dollars per violation.
D. The remedies provided for in this Section shall not preclude the seeking of other remedies, including criminal remedies, provided by law.
Acts 2009, No. 105, §1; Acts 2018, No. 652, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1745. Definitions

RS 51:1745 - Definitions
(1) "Person" means an individual, firm, association, corporation, partnership, joint venture, or any other legal or business entity which contacts or attempts to contact a recipient by using a telephone line.
(2) "Recipient" means an individual, firm, association, corporation, partnership, joint venture, or any other legal or business entity which is provided telephone service from a telephone company regulated by the state of Louisiana.
(3) "Telefacsimile" means every process in which electronic signals are transmitted by telephone lines for conversion into written text.
(4) "Telefacsimile message" means the transmission of a telefacsimile communication promoting goods or services for purchase by the recipient of such message.
Acts 1991, No. 298, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1746. Unsolicited telefacsimile messages; prohibition; exceptions

RS 51:1746 - Unsolicited telefacsimile messages; prohibition; exceptions
A. No person shall initiate the unsolicited transmission of a telefacsimile message promoting goods or services for purchase by the recipient of such message.
B. This Section shall not apply to telefacsimile messages sent to a recipient with whom the person has had a prior contractual or business relationship, or when the telefacsimile transmission is sent as a follow-up to a sales call, sales lead, or other business-related contact.
Acts 1991, No. 298, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1747. Violations; penalties; civil remedies

RS 51:1747 - Violations; penalties; civil remedies
A. Whoever violates the provisions of this Chapter shall be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
B. A recipient may bring a civil action against any person in violation of the provisions of this Chapter to enjoin further violation and to recover actual damages or two hundred dollars, whichever is greater, plus costs and reasonable attorney fees, but in no case shall the damage award exceed five hundred dollars, exclusive of costs and attorney fees.
C. The attorney general may bring an action against any person in violation of the provisions of this Chapter to seek injunctive relief and to impose a civil penalty not to exceed five hundred dollars.
D. Each transmission shall be considered a separate violation.
Acts 1991, No. 298, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1752. Age requirements for use of social media platform; parental consent

RS 51:1752 - Age requirements for use of social media platform; parental consent
A. A social media company shall make commercially reasonable efforts to verify the age of Louisiana account holders with a level of certainty appropriate to the risks that arise from the information management practices of the social media company or apply the accommodations afforded to minors pursuant to this Chapter to all account holders.
B. A social media company shall not permit a Louisiana resident who is a minor to be an account holder on the social media company's social media platform unless the minor has the express consent of a parent or guardian. Acceptable methods of obtaining express consent from a parent or guardian include any of the following:
(1) Providing a form for the minor's parent or guardian to sign and return to the digital service provider by common carrier, facsimile, or electronic scan.
(2) Providing a toll-free telephone number for the minor's parent or guardian to call to consent.
(3) Coordinating a call with a minor's parent or guardian over video conferencing technology.
(4) Collecting information related to the government-issued identification of the minor's parent or guardian and deleting that information after confirming the identity of the minor's parent or guardian.
(5) Allowing the minor's parent or guardian to provide consent by responding to an email and taking additional steps to verify the identity of the minor's parent or guardian.
(6) Any other commercially reasonable method of obtaining consent in light of available technology.
C. Notwithstanding any other provision of this Chapter, a social media company shall not permit a Louisiana resident who is a minor to hold or open an account on a social media platform if the minor is ineligible to hold or open an account pursuant to any other provision of state or federal law.
D. The division may adopt rules in accordance with the Administrative Procedure Act that provide examples of all of the following:
(1) Acceptable processes or means by which a social media company may meet the age verification requirements of this Chapter, including adjusting for new technologies.
(2) Acceptable forms or methods of identification for individuals to verify that they are over the age of sixteen, which may not be limited to a valid identification card issued by a government entity.
(3) Acceptable processes or means to confirm that a parent or guardian has provided consent for the minor to open or use an account pursuant to this Section.
Acts 2023, No. 456, §1, eff. July 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1753. Prohibition on data collection for certain accounts and advertising

RS 51:1753 - Prohibition on data collection for certain accounts and advertising
For a Louisiana minor account holder, a social media company shall prohibit all of the following:
(1) Adults from direct messaging a Louisiana minor account holder unless the minor is already connected to the adult on the service.
(2) The display of any advertising in the account based on the Louisiana minor account holder's personal information, except age and location.
(3) The collection or use of personal information from the posts, content, messages, text, or usage activities of the account other than information beyond what is adequate, relevant, and reasonably necessary in relation to the purposes for which the information is collected, as disclosed.
Acts 2023, No. 456, §1, eff. July 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1754. Parental access to social media account settings; parental supervision

RS 51:1754 - Parental access to social media account settings; parental supervision
A social media company shall provide a parent or guardian who has given parental consent for a Louisiana minor account holder as provided in this Chapter with a means for the minor account holder or the parent or guardian to initiate account supervision. The supervision shall include the ability for the parent to view privacy settings of the minor's account, set daily time limits for the service, schedule breaks, and offer the minor the option to set up parental notifications when the minor reports a person or issue.
Acts 2023, No. 456, §1, eff. July 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1755. Investigative powers of the division

RS 51:1755 - Investigative powers of the division
A. The division shall receive consumer complaints alleging any violation of this Chapter, and any person may file a consumer complaint with the division that alleges a violation of this Chapter.
B. The division shall investigate a consumer complaint to determine whether a violation of this Chapter has occurred.
Acts 2023, No. 456, §1, eff. July 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1756. Enforcement powers of the division

RS 51:1756 - Enforcement powers of the division
A. The division has exclusive authority to administer and enforce the requirements of this Chapter.
B. Subject to the ability to cure an alleged violation of Subsection D of this Section, the division director may impose an administrative fine of up to two thousand five hundred dollars for each violation of this Chapter, and the division may bring an action in a court of competent jurisdiction to enforce any provision of this Chapter.
C. In a court action by the division to enforce any provision of this Chapter, the court may do any of the following:
(1) Declare that the act or practice violates a provision of this Chapter.
(2) Issue an injunction for a violation of this Chapter.
(3) Order any profits, gains, gross receipts, or benefit from a violation of this Chapter to be forfeited and paid to the aggrieved person.
(4) Impose a civil penalty of up to two thousand five hundred dollars for each violation of this Chapter.
(5) Award damages to the aggrieved person.
(6) Award any other relief that the court considers reasonable and necessary.
D.(1) At least forty-five days before the day on which the division initiates an enforcement action against a person that is subject to the requirements of this Chapter, the division shall provide the person with a written notice that identifies each alleged violation and an explanation of the basis for each allegation.
(2) Except as provided in Paragraph (3) of this Subsection, the division shall not initiate an action if the person cures the noticed violation within forty-five days after the date on which the person receives the notice by providing the division with a written statement indicating that the violation is cured and no further violations will occur.
(3) The division may initiate a civil action against a person who does either of the following:
(a) Fails to cure a violation after receiving the written notice described in Paragraph (1) of this Subsection.
(b) Commits another violation of the same provision after curing a violation and providing a written statement in accordance with Paragraph (2) of this Subsection.
(4) If a court of competent jurisdiction grants judgment or injunctive relief to the division, the court shall award the division all of the following:
(a) Reasonable attorney fees.
(b) Court costs.
(c) Investigative costs.
(5) A person who violates an administrative order or court order issued for a violation of this Chapter shall be subject to a civil penalty of not more than five thousand dollars for each violation. A civil penalty in accordance with this Section may be imposed in any civil action brought by the division.
(6) All monies received from the payment of a fine or civil penalty imposed and collected pursuant to the provisions of this Section shall be used by the division to promote consumer protection and education.
Acts 2023, No. 456, §1, eff. July 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1757. Annual report

RS 51:1757 - Annual report
A. The division shall compile an annual report that contains all of the following information:
(1) An evaluation of the liability and enforcement provisions of this Chapter, including but not limited to the effectiveness of the division's efforts to enforce this Chapter and any recommendations for revisions to this Chapter, including proposals for legislation.
(2) A summary of the consumer interactions, protected and not protected by this Chapter, including a list of alleged violations the division has received.
(3) An accounting of all of the following:
(a) All administrative fines and civil penalties assessed during the year.
(b) All administrative fines and civil penalties collected during the year.
(c) The use of funds from all administrative fines and civil penalties collected during the year.
B. The division may update or correct the report as new information becomes available.
C. The division shall maintain the report, which shall be published on its website.
Acts 2023, No. 456, §1, eff. July 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1758. Waiver prohibited

RS 51:1758 - Waiver prohibited
Notwithstanding any contract or choice of law provision in a contract, a waiver or limitation, or purported waiver or limitation, of any of the following shall be void and unenforceable as contrary to public policy, and a court or arbitrator shall not enforce or give effect to the waiver:
(1) A protection or requirement pursuant to this Chapter.
(2) The right to cooperate with the division or to file a complaint with the division.
Acts 2023, No. 456, §1, eff. July 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1782. Declaration of purpose

RS 51:1782 - Declaration of purpose
The legislature of Louisiana hereby finds and declares that the health, safety, and welfare of the people of this state are dependent upon the continued encouragement, development, growth, and expansion of the private sector within the state. The legislature further finds and declares that there are certain depressed areas in the state that need the particular attention of government to help attract private sector investment into these areas, as well as many local economic efforts which could benefit from the assistance and input of state government. Therefore, it is declared to be the purpose of this Chapter to stimulate business and industrial growth in these areas of the state by the relaxation of governmental controls, by providing assistance to businesses and industries, and by providing tax incentives in these areas. It is further declared that the effective administration of both the enterprise zone program and the economic development zone program is the sole responsibility of the Department of Economic Development which, by state law, is charged with coordinating those plans and programs aimed at developing optimum conditions for new and expanding industrial and commercial enterprises in this state with units of local government.
Added by Acts 1981, No. 901, §1; Acts 1995, No. 581, §2, eff. June 18, 1995.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1784. Criteria

RS 51:1784 - Criteria
A. The department shall establish criteria for qualifications of enterprise zones, giving consideration to the following:
(1) Unemployment.
(2) Per capita income.
(3) Number of residents receiving public assistance.
B. These criteria shall be established so that approximately forty percent of the block groups in the state qualify as enterprise zones.
C. Except as otherwise provided in R.S. 51:1788, after July 1, 1993, the department shall utilize only the data, including but not limited to block groups and statistical data, published by the United States Bureau of the Census for the most recent federal decennial census in applying the criteria specified in this Section in order to determine which block groups shall qualify for designation as enterprise zones. However, alternative designation of enterprise zones may be made pursuant to R.S. 51:1785(B) subsequent to such determination by the department.
Added by Acts 1981, No. 901, §1; Acts 1987, No. 433, §1; Acts 1992, No. 1024, §1, eff. July 1, 1993; H.C.R. No. 71, 1993 R.S.; Acts 1995, No. 581, §2, eff. June 18, 1995; Acts 2002, 1st Ex. Sess., No. 4, §1, eff. April 17, 2002.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1785. Designation

RS 51:1785 - Designation
A. The department shall designate qualified block groups as enterprise zones only after receiving notice from the appropriate governing authority that the governing authority agrees to:
(1) Participate in the enterprise zone program.
(2) Assist the department in evaluating progress made in any enterprise zone within its jurisdiction.
B. The department may designate block groups which do not qualify under R.S. 51:1784 as enterprise zones only if the requirements of Subsection A of this Section and all of the following conditions are met:
(1) Request for such designation is made by an appropriate governing authority.
(2) The number of enterprise zones within a particular parish is not increased.
(3) Such designation is approved by the Board of Commerce and Industry.
C. The department shall designate a qualified area as an economic development zone only after receiving notice from the appropriate governing authority that the governing authority agrees to:
(1) Participate in the economic development zone program.
(2) Assist the department in evaluating progress made in any economic development zone within its jurisdiction.
D. Any geographic area eligible for designation as an economic development zone but which had been alternatively designated as an enterprise zone pursuant to R.S. 51:1785(B) after May 19, 1994, is hereby abolished as an enterprise zone and shall be designated as an economic development zone pursuant to this Subsection upon notice of the appropriate governing authority to the department. In addition, any block group eligible pursuant to R.S. 51:1784(A) for designation as an enterprise zone but which had become ineligible for designation as an enterprise zone because of such an alternative designation shall again be eligible for designation as an enterprise zone pursuant to Subsection A of this Section.
Added by Acts 1981, No. 901, §1. Amended by Acts 1982, No. 337, §1; Acts 1992, No. 1024, §1, eff. July 1, 1993; H.C.R. No. 71, 1993 R.S.; Acts 1995, No. 581, §2, eff. June 18, 1995.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1786. Duties of the department

RS 51:1786 - Duties of the department
The department shall administer the provisions of this Chapter and shall have the following powers and duties in addition to those mentioned elsewhere in this Chapter and in other laws of this state:
(1) To monitor the implementation and operation of this Chapter and conduct a continuing evaluation of the progress made in enterprise zones and economic development zones.
(2) To assist the governing authority of an enterprise zone or economic development zone in obtaining assistance from any other department of state government, including assistance in providing training, technical assistance, and wage subsidies to new businesses and small businesses within an enterprise zone or economic development zone.
(3) To assist any employer or prospective employer within an enterprise zone or economic development zone in obtaining the benefits of any incentive or inducement program authorized by Louisiana law.
(4) Repealed by Acts 2010, No. 1034, §3.
(5) To promulgate rules and regulations to effectuate this Chapter, in accordance with the Administrative Procedure Act.
(6) To notify each legislator whose district includes any portion of an enterprise zone or economic development zone when the department designates such a zone.
(7) To notify the requesting governing authority and the appropriate substate planning and development district of any alternative designation of an enterprise zone pursuant to R.S. 51:1785(B). Such notifications shall be made in writing and received no later than thirty days after approval of such designation by the board.
(8) To compile, by substate planning and development district, a report listing all existing contracts of exemption entered into by the board with businesses pursuant to this Chapter. Such report shall be transmitted to the appropriate substate planning and development district at least once every six months.
(9) To maintain maps of the location of all enterprise zones and economic development zones within a substate planning and development district and to transmit copies of such maps to the appropriate district at least once every six months.
Added by Acts 1981, No. 901, §1; Acts 1986, No. 825, §1; Acts 1991, No. 928, §1; Acts 1992, No. 1024, §1, eff. July 1, 1993; H.C.R. No. 71, 1993 R.S.; Acts 1995, No. 581, §2, eff. June 18, 1995; Acts 2001, No. 9, §9, eff. July 1, 2001; Acts 2010, No. 1034, §3.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1788. Contracts with businesses located in former enterprise zones

RS 51:1788 - Contracts with businesses located in former enterprise zones
A. Notwithstanding any other provision of law to the contrary, until January 1, 1996, the board may enter into a contract for the benefits of this Chapter, pursuant to R.S. 51:1787, with a business which was located within the boundaries of an enterprise zone prior to May 19, 1994, but which is not currently located within the boundaries of an enterprise zone, as follows:
(1) If the business was within the boundaries of a former urban enterprise zone, it shall meet all requirements of R.S. 51:1787(B), except Paragraph (3) of that Subsection. However, for purposes of meeting the requirements of R.S. 51:1787(B)(4)(a), the boundaries of the former urban enterprise zone may be used.
(2) If the business was within the boundaries of a former rural enterprise zone, it shall meet all requirements of R.S. 51:1787(D), except Paragraph (3) of that Subsection.
B. Notwithstanding any other provision of law to the contrary, as of January 1, 1996, the board may enter into additional contracts for the benefits of this Chapter, pursuant to R.S. 51:1787, with a business located within the boundaries of an enterprise zone prior to May 19, 1994, but not currently located within the boundaries of an enterprise zone if that business held such a contract with the board prior to January 1, 1996, and complies with the provisions of Paragraph (1) or (2) of Subsection A of this Section.
Added by Acts 1981, No. 901, §1; Acts 1995, No. 581, §2, eff. June 18, 1995.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1789. Industrial development bonds

RS 51:1789 - Industrial development bonds
Any other provision of law to the contrary notwithstanding, a city or parish governing body, which is also the governing authority of an enterprise zone or an economic development zone and which has authority to issue revenue bonds, may sell such bonds and use the proceeds for loans to any new or expanding business or industry in that enterprise zone or economic development zone.
Added by Acts 1981, No. 901, §1; Acts 1995, No. 581, §2, eff. June 18, 1995.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1790. Management

RS 51:1790 - Management
The governing authority of an enterprise zone or economic development zone may contract with a community organization or a volunteer or non-profit charitable organization to provide management services for the zone.
Added by Acts 1982, No. 120, §1. Acts 1995, No. 581, §2, eff. June 18, 1995.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1791. Certain parishes; rural enterprise zones

RS 51:1791 - Certain parishes; rural enterprise zones
Notwithstanding any other provision of law to the contrary, any parish with a population of seventy-five thousand or less according to the latest federal decennial census shall be authorized to establish at least one rural enterprise zone and one economic development zone which do not otherwise qualify for an enterprise zone or an economic development zone under the criteria established pursuant to this Chapter subject to approval by the department and the Board of Commerce and Industry. Any enterprise zone or economic development zone established pursuant to this Section shall comply with all other requirements of law as established by this Chapter, including but not limited to the provisions of R.S. 51:1785, 1786, and 1787 insofar as those provisions are otherwise applicable to enterprise zones and economic development zones.
Acts 1995, No. 581, §2, eff. June 18, 1995; Acts 1997, No. 647, §1; Acts 2013, No. 423, §1, eff. June 21, 2013.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1802. Declaration of purpose

RS 51:1802 - Declaration of purpose
The Legislature of Louisiana hereby finds and declares that the health, safety, and welfare of the people of this state are dependent upon the continued encouragement, development, growth, and expansion of the private sector within the state and that there are certain depressed areas in the state that need the particular attention of government to help attract private sector investment into these areas. Therefore, it is declared to be the purpose of this Chapter to stimulate business and industrial growth in the depressed areas of the state by providing assistance to businesses and industries and by providing tax incentives in these areas.
Acts 2005, No. 466, §1, eff. July 1, 2005.