reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2008. Computer spyware prohibitions

RS 51:2008 - Computer spyware prohibitions
A person or entity that is not an authorized user shall not knowingly or willfully cause computer software to be copied or procure the copying onto the computer of an authorized user in this state and use the software to do any of the following acts:
(1) Modify through deceptive means any of the settings related to the computer's access to or use of the Internet including the following:
(a) The page that appears when an authorized user launches an Internet browser or similar software program used to access and navigate the Internet.
(b) The default provider or Internet web site proxy that the authorized user uses to access or search the Internet.
(c) The authorized user's list of bookmarks used to access Internet web site pages.
(2) Collect through deceptive means personally identifiable information that meets any of the following criteria:
(a) It is collected through the use of a keystroke-logging function that records all keystrokes made by an authorized user who uses the computer and transfers that information from the computer to another person.
(b) It includes all or substantially all of the Internet web sites visited by an authorized user, other than Internet web sites of the provider of the software, if the computer software was installed in a manner designed to conceal from all authorized users of the computer the fact that the software is being installed.
(c) It is a data element described in R.S. 51:2007(11)(b), (c), (d), or (e)(i) or (ii) that is extracted from the authorized user's computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service described to an authorized user.
(3) Prevent, without the authorization of an authorized user, through deceptive means an authorized user's reasonable efforts to block the installation of or to disable software by causing software that the authorized user has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user.
(4) Misrepresent that software will be uninstalled or disabled by an authorized user's action with knowledge that the software will not be so uninstalled or disabled.
(5) Through deceptive means, remove, disable, or render inoperative security, anti-spyware, or anti-virus software installed on the computer.
Acts 2006, No. 392, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2010. Misrepresentation and deception

RS 51:2010 - Misrepresentation and deception
A person or entity who is not an authorized user shall not do any of the following:
(1) Induce an authorized user to install a software component onto the computer by misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content.
(2) Cause the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision of this Section.
Acts 2006, No. 392, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2011. Nonapplicability

RS 51:2011 - Nonapplicability
A. Nothing in R.S. 51:2009 or 2010 shall apply to any monitoring of or interaction with a user's Internet or other network connection or service, or a protected computer, by a cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, authorized updates of software or system firmware, network management or maintenance, authorized remote system management or detection or prevention of the use of or fraudulent or other illegal activities as prohibited by this Chapter in connection with a network, service, or computer software, including scanning for and removing software proscribed under this Chapter.
B. Nothing in this Chapter shall limit the rights of providers of wire and electronic communications under 18 U.S.C. 2511.
Acts 2006, No. 392, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2013. Penalty

RS 51:2013 - Penalty
Any person that violates the provisions of R.S. 51:2008(2) and R.S. 51:2009(1)(a), (b), and (c) and (2) shall be imprisoned for not more than ten years or fined not more than twenty-five thousand dollars, or both.
Acts 2006, No. 392, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2014. Civil relief

RS 51:2014 - Civil relief
A. A violation of this Chapter shall be considered an unfair trade practice and such violation shall subject the violator to all of the provisions of the Unfair Trade Practices and Consumer Protection Law and as provided for in R.S. 51:1401 et seq.
B. Except for an action or other relief brought under Subsection A of this Section, the following persons may bring a civil action against a person who violates this Chapter:
(1) A provider of computer software who is adversely affected by the violation.
(2) An Internet service provider who is adversely affected by the violation.
(3) A trademark owner whose trademark is used without the authorization of the owner to deceive users in the course of any of the deceptive practices prohibited by this Section.
(4) The attorney general.
C. A person bringing an action under Subsection B of this Section may apply for injunctive relief to restrain any violation of this Chapter and seek to recover damages not to exceed one hundred thousand dollars for each violation.
D. The court may increase an award of actual damages in an action brought under this Section to an amount not to exceed three times the actual damages sustained if the court finds that the violations have occurred with such frequency with respect to a group of victims as to constitute a pattern or practice.
E. A plaintiff who prevails in an action filed under this Section is entitled to recover reasonable attorney fees and court costs.
F. In the case of a violation of R.S. 51:2009(1)(b) that causes a communications provider to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of the communications provider as a result of a violation, the communications provider may bring a civil action against the violator to recover any or all of the following:
(1) The charges the carrier is obligated to pay to another carrier or to an information service provider as a result of the violation, including but not limited to charges for the origination, transport, or termination of the call.
(2) Costs of handling customer inquiries or complaints with respect to amounts billed for calls.
(3) Costs and reasonable attorney fees.
(4) An order to enjoin the violation.
Acts 2006, No. 392, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2021. Short title; definitions

RS 51:2021 - Short title; definitions
A. This Chapter may be cited as the "Louisiana Anti-Phishing Act."
B. As used in this Chapter, the following terms shall have the meanings ascribed in this Section:
(1) "Electronic mail" means a message, file, or other information that is transmitted through a local, regional, or global computer network, regardless of whether the message, file, or other information is viewed, stored for retrieval at a later time, printed, or filtered by a computer program that is designed or intended to filter or screen those items.
(2) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.
(3) "Identifying information" means information that alone or in conjunction with other information identifies an individual, including an individual's:
(a) Name, social security number, date of birth, and government-issued identification number.
(b) Unique biometric data, including the individual's fingerprint, voice print, and retina or iris image.
(c) Unique electronic identification number, address, and routing code, and financial institution account number.
(d) Telecommunication identifying information or access device.
(4) "Internet domain name" refers to a globally unique, hierarchical reference to an Internet host or service, assigned through a centralized Internet-naming authority and composed of a series of character strings separated by periods with the right-most string specifying the top of the hierarchy.
(5) "Web page" means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2022. Creation of Web page or domain name for fraudulent purposes

RS 51:2022 - Creation of Web page or domain name for fraudulent purposes
A person may not, with the intent to engage in conduct involving the fraudulent use or possession of another person's identifying information:
(1) Create a Web page or Internet domain name that is represented as a legitimate online business without the authorization of the registered owner of the business.
(2) Use that Web page or a link to the Web page, that domain name, or another site on the Internet to induce, request, or solicit another person to provide identifying information for a purpose that the other person believes is legitimate.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2023. Electronic mail fraud

RS 51:2023 - Electronic mail fraud
A person may not, with the intent to engage in conduct involving the fraudulent use or possession of identifying information, send or cause to be sent to an electronic mail address held by a resident of this state an electronic mail message that:
(1) Is falsely represented as being sent by a legitimate online business;
(2) Refers or links the recipient of the message to a Web page that is represented as being associated with the legitimate online business; and
(3) Directly or indirectly induces, requests, or solicits the recipient of the electronic mail message to provide identifying information for a purpose that the recipient believes is legitimate.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2024. Civil relief

RS 51:2024 - Civil relief
A. The following persons may bring a civil action against a person who violates this Chapter:
(1) A person engaged in the business of providing Internet access service to the public who is adversely affected by the violation.
(2) An owner of a Web page or trademark who is adversely affected by the violation.
(3) The attorney general.
B. A person bringing an action under this Section may either:
(1) Seek injunctive relief to restrain the violator from continuing the violation.
(2) Recover damages in an amount equal to the greater of:
(a) Actual damages arising from the violation.
(b) One hundred thousand dollars for each violation of the same nature or both.
(3) Seek both injunctive relief and recover damages as provided by this Subsection.
C. The court may increase an award of actual damages in an action brought under this Section to an amount not to exceed three times the actual damages sustained if the court finds that the violations have occurred with a frequency as to constitute a pattern or practice.
D. A plaintiff who prevails in an action filed under this Section is entitled to recover reasonable attorney fees and court costs.
E. For purposes of this Section, violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or act occurred.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2025. Applicability of Chapter

RS 51:2025 - Applicability of Chapter
This Chapter does not apply to a telecommunications provider's or Internet service provider's good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information.
Acts 2006, No. 549, §1, eff. Sept. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2032. Definitions

RS 51:2032 - Definitions
For the purposes of this Chapter, the following terms have the following meanings:
(1) "Electronic mail message" means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which an electronic message can be sent or delivered.
(2) "Identifying information" means any of the following:
(a) Social security number.
(b) Driver's license number.
(c) Bank account number.
(d) Credit card or debit card number.
(e) Personal identification number (PIN).
(f) Automated or electronic signature.
(g) Unique biometric data.
(h) Account password.
(i) Any other piece of information that can be used to access an individual's financial accounts or to obtain goods or services.
(3) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks.
(4) "Web page" means a location that has a single uniform resource locator or other single location with respect to the Internet.
Acts 2006, No. 201, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2033. Unlawful requests by misrepresentation

RS 51:2033 - Unlawful requests by misrepresentation
It shall be unlawful for any person, by means of a web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing itself to be a business without the authority or approval of the business.
Acts 2006, No. 201, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2034. Remedies for violation

RS 51:2034 - Remedies for violation
A. A person who is engaged in the business of providing Internet access service to the public, owns a web page, or owns a trademark that is adversely affected by a violation of R.S. 51:2033 may bring an action against a person who violates or is in violation of R.S. 51:2033. A person who brings an action under this Subsection may seek to recover the greater of actual damages or five hundred thousand dollars.
B. An individual who is adversely affected by a violation of R.S. 51:2033 may bring an action, but only against a person who has directly violated R.S. 51:2033. A person who brings an action under this Subsection may seek to enjoin further violations of R.S. 51:2033 and seek to recover the greater of three times the amount of actual damages or five thousand dollars per violation.
C. The attorney general or a district attorney in a parish where a violation occurs may bring an action against a person who violates or is in violation of R.S. 51:2033 to enjoin further violations of R.S. 51:2033 and to recover a civil penalty of up to two thousand five hundred dollars per violation.
D. In an action pursuant to this Section, a court may, in addition, do either or both of the following:
(1) Increase the recoverable damages to an amount up to three times the damages otherwise recoverable under Subsections A and B of this Section in cases in which the defendant has engaged in a pattern and practice of violating R.S. 51:2033.
(2) Award costs of suit and reasonable attorney fees to a prevailing plaintiff.
E. The remedies provided for in this Section do not preclude the seeking of any other remedies, including criminal remedies, provided by law.
F. For purposes of Subsection A of this Section, multiple violations of R.S. 51:2033 resulting from any single action or conduct shall constitute one violation.
Acts 2006, No. 201, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2102. Legislative intent; federal law

RS 51:2102 - Legislative intent; federal law
The purpose of this Act is to provide a framework for permissive sharing of cybersecurity information under Louisiana law that is consistent with and does not conflict with the requirements of the federal Cybersecurity Information Sharing Act of 2015, 6 U.S.C. 1501 et seq., except as specifically provided by the provisions of this Chapter.
Acts 2019, No. 187, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2104. Sharing of cybersecurity information; public entities

RS 51:2104 - Sharing of cybersecurity information; public entities
When sharing a cyber threat indicator or defensive measure information, each natural or juridical person or public or private entity shall receive the legal protections and privileges conveyed by the federal Cybersecurity Information Sharing Act of 2015, 6 U.S.C. 1501 et seq., and R.S. 51:2106.
Acts 2019, No. 187, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2106. Receipt of cyber threat indicators and defensive measure information; appropriate state entities

RS 51:2106 - Receipt of cyber threat indicators and defensive measure information; appropriate state entities
A. In addition to those entities identified in 6 U.S.C. 1501(3), the following entities are authorized to receive cyber threat indicators and defensive measure information, as an appropriate state entity, through electronic mail transmission:
(1) The Department of Justice, office of the attorney general, Louisiana Bureau of Investigation.
(2) The Department of Public Safety and Corrections, office of state police, Louisiana State Analytical and Fusion Exchange.
(3) The Governor's Office of Homeland Security and Emergency Preparedness.
B. When a natural person or private or public entity is conveying a cyber threat indicator or defensive measure information by electronic mail, the natural person or public or private entity shall indicate such by populating "Cyber Threat Indicator" or "Cyber Defensive Measure" in the subject line of the electronic mail.
Acts 2019, No. 187, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2107. Compliance with Database Security Breach Notification Law

RS 51:2107 - Compliance with Database Security Breach Notification Law
Nothing in this Chapter shall relieve a person or entity from compliance with the Database Security Breach Notification Law, R.S. 51:3071 et seq., specifically including but not limited to the requirements under R.S. 51:3074.
Acts 2019, No. 187, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2109. Rulemaking authority

RS 51:2109 - Rulemaking authority
The Department of Corrections, office of state police, may, in accordance with the Administrative Procedure Act, adopt all rules necessary to implement the provisions of this Chapter provided that any rule promulgated does not conflict with the provisions of 6 U.S.C. 1501 et seq.
Acts 2019, No. 187, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2111. Scope and purpose

RS 51:2111 - Scope and purpose
The purposes of this Chapter are:
(1) To create a registration for managed service providers and managed security service providers doing business in this state with a public body.
(2) To provide access for public bodies to obtain information on managed service providers and managed security service providers.
(3) To require managed service providers and managed security service providers to report cyber incidents and the payment of cyber ransom or ransomware.
Acts 2020, No. 117, §2, eff. Feb. 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2112. Definitions

RS 51:2112 - Definitions
As used in this Chapter, the following words and phrases shall be defined as follows:
(1) "Cyber incident" means the compromise of the security, confidentiality, or integrity of computerized data due to the exfiltration, modification, or deletion that results in the unauthorized acquisition of and access to information maintained by a public body.
(2) "Cyber ransom or ransomware" means a type of malware that encrypts or locks valuable digital files and demands a ransom to release the files.
(3) "Louisiana Fusion Center" means the Department of Public Safety and Corrections, office of state police, Louisiana State Analytical and Fusion Exchange.
(4) "Managed security service" means a network and system security service that has been outsourced to a third-party service provider pursuant to a written agreement specifying the service and in which the service provider has assumed operational control of the monitoring and management of the public body's cybersecurity. The term shall not include a cybersecurity consulting service or customer-managed service purchased from the provider.
(5) "Managed security service provider" means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicated, or any similar entity or combination of entities that provides a managed security service for a public body.
(6) "Managed service provider" means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicated, or any similar entity or combination of entities that manages a public body's information technology infrastructure or end-user systems. The term shall not include any entity providing communications services subject to regulation or oversight by the Louisiana Public Service Commission or the Federal Communications Commission.
(7) "Provider" means a managed service provider or managed security service provider that requires remote management or operational control of a public body's network or end user systems.
(8) "Public body" means any branch, department, office, agency, board, commission, district, governing authority, political subdivision, or any other instrumentality of the state, parish, or municipal government, including a public or quasi-public nonprofit corporation designated as an entity to perform a governmental or proprietary function.
Acts 2020, No. 117, §2, eff. Feb. 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2113. Requirements for doing business

RS 51:2113 - Requirements for doing business
A. A provider shall not provide managed security services to a public body in this state unless the provider has registered with the secretary of state and remains in good standing.
B. Beginning February 1, 2021, each provider that manages a public body's information technology structure, security, or end-user systems in this state shall file an application for initial registration with the secretary of state consisting of the provider's name, address, telephone number, contact person, designation of a person in this state for service of process, and provide a listing of all officers, all directors, and all owners of ten percent or more of the provider. Additionally, the provider shall file a copy of its basic organizational documents, including but not limited to articles of incorporation, articles of organization, articles of association, or partnership agreement.
C. A registration shall be effective for two years, unless the registration is denied or revoked. Ninety days prior to the expiration of a registration, a provider shall submit a renewal application on a form prescribed by the secretary of state.
D. Each registrant shall notify the secretary of state of any material change in the registration information no later than sixty days after the effective date of such change. The notice shall be accompanied by supporting documentation.
E. Notwithstanding any provision of this Section to the contrary, the secretary of state shall not disclose the registration information of any provider that manages a public body's information technology structure, security, or end-user systems in this state, except for a request for disclosure submitted by a public body as defined in R.S. 51:2112.
Acts 2020, No. 117, §2, eff. Feb. 1, 2021; Acts 2021, No. 231, §2, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2114. Notification of cyber incidents and payment of cyber ransoms

RS 51:2114 - Notification of cyber incidents and payment of cyber ransoms
A. To the extent a provider has actual knowledge of a cyber incident, which impacts a public body, the provider shall notify the Louisiana Fusion Center of the cyber incident within twenty-four hours of discovery of the incident.
B. If a provider has a cyber incident which impacts a public body and the provider or public body makes a payment of cyber ransom or ransomware, to the extent the provider has actual knowledge of the payment, the provider shall report the payment of the cyber ransom or ransomware to the Louisiana Fusion Center within ten calendar days of the payment.
C. A provider who submits a notification pursuant to Subsection A or B of this Section shall include in the notification the name of the impacted body.
D. A public body shall include the requirements of this Section in its contracts with providers. A provider shall be required to comply with the provisions of this Section only to the extent the contract between the public body and the provider explicitly incorporates the provisions of this Chapter.
Acts 2020, No. 117, §2, eff. Feb. 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2115. Prohibition on contracting with a provider

RS 51:2115 - Prohibition on contracting with a provider
A public body shall not enter into a contract for managed security services with a provider that has not registered with the secretary of state or has failed to renew its registration with the secretary of state. Such a contract shall be null and void.
Acts 2020, No. 117, §2, eff. Feb. 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2132. Child performer contract; scope

RS 51:2132 - Child performer contract; scope
A. The provisions of this Chapter shall apply to any contract in which a minor is employed or agrees to render artistic or creative services for compensation of five hundred dollars or more in this state which is not otherwise prohibited under Chapter 3 of Title 23 of the Louisiana Revised Statutes of 1950, directly or through a third-party individual or personal services corporation, a loan-out company, or through an agency or service that provides artistic or creative services including, but not limited to, a casting agency or other similar entity.
B. As used in this Chapter, "artistic or creative services" includes, but is not limited to, services as an actor, actress, dancer, musician, comedian, singer, stunt-person, voice-over artist or other performer or entertainer in any motion picture, television, radio, theatrical or sports production or commercial production.
Acts 2005, No. 147, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2134. Education requirement

RS 51:2134 - Education requirement
A. Every contract or employment arrangement agreed to by the parties subject to the provisions of this Chapter shall include provisions contained in this Section for the education of the minor being employed to render artistic or creative services.
B. If a minor is absent from school for two or more days within a thirty-day period, the employer shall employ a certified teacher, beginning on the second day of employment, to provide a minimum of three education instruction hours per day to the minor pursuant to the lesson plans for the particular minor as provided by the principal and teachers at the minor's school. There must be a teacher to student ratio of one teacher for every ten students.
Acts 2005, No. 147, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2135. Written permit required

RS 51:2135 - Written permit required
No minor's employment regulated under the provisions of this Chapter shall occur without the issuance of a written permit from the Louisiana Workforce Commission as provided in Chapter 3 of Title 23 of the Louisiana Revised Statutes of 1950.
Acts 2005, No. 147, §2; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2152. Definitions

RS 51:2152 - Definitions
When used in this Chapter, the terms listed below shall have the following meanings:
(1) "Artist" means the creator or each of the joint creators of a work of fine art.
(2) "Conservation" means acts taken to prevent, stop, or retard deterioration of a work of fine art.
(3) "Person" means an individual, partnership, corporation, association, governmental body, or other group, however organized.
(4) "Recognized quality" means those attributes of a work of fine art that enhance its value. The issue of whether or not these attributes exist shall be determined by the trier of fact based on the opinions of artists, art dealers, collectors of fine art, curators of art museums, restorers and conservators of fine art, and other persons involved with the creation or marketing of fine art.
(5) "Reproduction" means a copy or likeness, in any medium, of a work of fine art that is displayed or published under circumstances that, reasonably construed, evidence an intent that it be taken as a representation of a work of fine art as created by the artist.
(6) "Restoration" means acts taken to correct deterioration and alteration of a work of fine art.
(7) "Work of fine art" means any original work of visual or graphic art of recognized quality in any medium which includes, but is not limited to, the following: painting, drawing, print, photographic print, or sculpture of a limited edition of no more than three hundred copies; however, "work of fine art" shall not include sequential imagery such as motion pictures.
Acts 1986, No. 599, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2153. Public display of altered works of fine art

RS 51:2153 - Public display of altered works of fine art
Except as limited by R.S. 51:2155, no person other than the artist or a person acting with the artist's consent, and in the case of joint creators with consent from all of them, shall knowingly display to others, make accessible to the public, or publish the following:
(1) A work of fine art of an artist in an altered, defaced, mutilated, or modified form.
(2) A reproduction of a work of fine art of an artist if the work is depicted as, or the reproduction is, in an altered, defaced, mutilated, or modified form.
(3) Work, if it is in its original or reproduced form and is displayed, made accessible to the public, or published as being the work of the artist, when the work is known to be generally regarded by the public as that of the artist, or under circumstances in which it would be reasonably regarded as being the work of the artist, and damage to the artist's reputation is reasonably likely to result therefrom.
Acts 1986, No. 599, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2154. Artists' authorship rights

RS 51:2154 - Artists' authorship rights
A. Except as limited by R.S. 51:2155, any person who displays to others, makes accessible to the public, or publishes a work of fine art or a reproduction thereof shall do so in such a manner that the authorship of the work of fine art is shown to be that of the artist, unless:
(1) The name of the artist is not known to the person and it does not appear on or in connection with the work of fine art in such a manner that it can be discovered with reasonable ease; or
(2) The artist expressly agrees otherwise.
B. Except as limited by R.S. 51:2155, the artist shall retain at all times the right to claim authorship of his or her work of fine art. This right shall include the right of the artist to have his or her name appear, as the artist, on or in connection with the work of fine art or any reproduction thereof.
C. Except as limited by R.S. 51:2155, the artist shall retain at all times the right to disclaim authorship of his or her work of fine art for just and valid reason. This right shall include the right of the artist to prevent his or her name from appearing on or in connection with the work of fine art or any reproduction thereof. Just and valid reason for disclaiming authorship shall include that the work of fine art has been altered, defaced, mutilated, or modified without the artist's consent and damage to the artist's reputation is reasonably likely to result or has resulted therefrom.
D. The rights created by this Section shall exist in addition to any other rights and duties which may now or in the future be applicable.
Acts 1986, No. 599, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2155. Scope of applicability

RS 51:2155 - Scope of applicability
A. Alteration, defacement, mutilation, or modification of a work of fine art resulting from the passage of time or the inherent nature of the materials shall not by itself constitute a violation of R.S. 51:2153 or create a right to disclaim authorship under R.S. 51:2154(C), provided such alteration, defacement, mutilation, or modification was not the result of gross negligence in maintaining or protecting the work of fine art. For purposes of this Section, the term "gross negligence" shall mean the exercise of so slight a degree of care as to justify the belief that there was an indifference to the particular work of fine art.
B. In the case of a reproduction, a change that is an ordinary result of the medium of reproduction does not by itself constitute a violation of R.S. 51:2153 or create a right to disclaim authorship under R.S. 51:2154(C).
C. Conservation or restoration shall not constitute an alteration, defacement, mutilation, or modification within the meaning of this Chapter unless the alteration, defacement, mutilation, or modification would not have occurred but for negligence in the conservation or restoration work.
D. This Chapter shall not apply to work prepared under contract for advertising or trade use unless the contract so provides.
E. The provisions of this Chapter shall apply only to works of fine art or reproductions thereof knowingly displayed to others, made accessible to the public, or published in this state or to acts in violation of this Chapter by a person who is subject to the jurisdiction of this state.
F.(1) If a work of fine art cannot be removed from a building without substantial physical defacement, mutilation, alteration, or destruction of such work, the rights and duties created under this Chapter, unless expressly reserved by an instrument in writing signed by the owner of such building and properly recorded, shall be deemed waived. Such instrument, if recorded, shall be binding on subsequent owners of such building.
(2) If the owner of a building wishes to remove a work of fine art which is a part of such building, but which can be removed from the building without substantial harm to such fine art, the rights and duties created under this Chapter shall apply, unless the owner has diligently attempted without success to notify the artist in writing of his intended action affecting the work of fine art, or unless he did provide such notice and the artist fails within ninety days either to remove the work or to pay for its removal. If such work is removed by or at the expense of the artist, title to such work of fine art shall be deemed to be in the artist.
G. The provisions of this Chapter apply to any works of fine art regardless of when created.
Acts 1986, No. 599, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2156. Relief

RS 51:2156 - Relief
A. An artist aggrieved under this Chapter shall have a cause of action for legal and injunctive relief.
B. No action may be maintained to enforce any right under this Chapter unless brought within three years of the act complained of or one year after the actual or constructive discovery of such act, whichever is later.
Acts 1986, No. 599, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2161. Repealed by Acts 1998, 1st Ex. Sess., No. 69, §1, eff. May 1, 1998.

RS 51:2161 - Repealed by Acts 1998, 1st Ex. Sess., No. 69, §1, eff. May 1, 1998.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2172. Legislative findings

RS 51:2172 - Legislative findings
The legislature finds that continuing care retirement communities are becoming an integral part of and a necessary alternative in meeting the long term residential, social, and health maintenance needs of the senior citizens of this state. The legislature recognizes the need for full disclosure of the terms of agreement between residents and the provider to establish minimum requirements to help insure the financial viability of the providers. The legislature further determines that the minimum requirements established herein are necessary to protect the interests of all citizens who may be served by the providers.
Acts No. 1987, No. 483, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2176. Annual disclosure statement

RS 51:2176 - Annual disclosure statement
A. The provider shall file with the department annually, within four months following the end of the provider's fiscal year, an annual disclosure statement which shall contain a statement setting forth, as of the end of the fiscal year, any material changes in the information required by R.S. 51:2175 for the initial disclosure statement.
B. From the date an annual disclosure statement is filed until the date the next succeeding disclosure form is filed with the department and prior to the provider's acceptance on behalf of the home of any part or all of any application fee or part of the entrance fee or the execution of the continuing care agreement by the resident, whichever first occurs, a copy of the current annual disclosure statement shall be available for inspection by residents or prospective residents.
C. In addition to filing the annual disclosure statement, the provider shall amend its currently filed disclosure statement at any other time an amendment is necessary to prevent any disclosure statement from containing any material misstatement of fact or any omission of a material fact required to be stated therein. Any such amendment or amended disclosure statement shall be filed with the department and shall be subject to all applicable requirements of this Chapter.
Acts 1987, No. 483, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2179. Dismissal or discharge of resident; refund

RS 51:2179 - Dismissal or discharge of resident; refund
No agreement for care shall permit dismissal or discharge of the resident from the facility providing care before the expiration of the agreement without just cause for the removal. If a facility terminates a resident for just cause, the facility shall pay to the resident any refund due in the same manner as if the resident had provided notice pursuant to R.S. 51:2178. The term "just cause" includes, but is not limited to, a good faith determination that a resident is a danger to himself or others while remaining in the facility.
Acts 1987, No. 483, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2180. Continuing care facilities residents' organizations

RS 51:2180 - Continuing care facilities residents' organizations
A resident living in a facility registered under this Chapter has the right of self organization, the right to be represented by an individual, the right to be represented by an individual of his own choosing, and the right to engage in concerted activities to keep informed on the operation of the facility in which he is a resident or for other mutual aid or protection.
Acts 1987, No. 483, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2181. Quarterly meetings between residents and the facility governing body

RS 51:2181 - Quarterly meetings between residents and the facility governing body
The board of directors or other governing body of a continuing care facility or their designated representative shall hold annual meetings with the residents of the continuing care facility for free discussions of subjects including, but not limited to, income, expenditures, and financial trends and problems as they apply to the facility and discussions of proposed changes in policies, programs, and services. Residents shall be entitled to at least seven days advance notice of each meeting. An agenda and any materials that will be distributed by the governing body at the meetings shall remain available upon request to residents. For the remaining three quarters of any year, the facility administrator or the manager shall schedule and participate in quarterly meetings, on behalf of the board of directors or other governing body, in conformity with the requirements of this Section.
Acts 1987, No. 483, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2182. Availability, distribution, and posting of reports and records; requirement of full disclosure

RS 51:2182 - Availability, distribution, and posting of reports and records; requirement of full disclosure
A. Each continuing care facility shall maintain as public information, available upon request, records of all reports pertaining to that facility that have been filed with or issued by any governmental agency. A copy of each report shall be retained in records for not less than five years from the date the report is filed or issued.
B. Any records, reports, or documents which by state or federal law or regulation are considered confidential may not be distributed or made available to comply with this Section unless and until the confidential status has expired.
C. Every continuing care facility shall display the certificate of registration in a conspicuous place inside the facility.
Acts 1987, No. 483, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2183. Advertisements; requirements

RS 51:2183 - Advertisements; requirements
A. The department shall establish by regulation standards to prevent any advertisement offering continuing care agreements which is untrue, deceptive, misleading, or which contains misrepresentations or omissions of material facts. The regulation shall include provisions for enforcement of advertising standards including, but not limited to, cease and desist orders, injunctions, administrative fines, and revocation of registration pursuant to other provisions of this Chapter.
B. A provider shall not publish any advertisement offering continuing care agreements subject to the registration requirement of this Chapter unless a true copy of the advertisement is filed with the department contemporaneously with the first publication of the advertisement.
C. Any report, circular, public announcement, certificate, financial statement, or other printed matter or advertising material which is designed or used to solicit or induce persons to enter into any agreement providing for the transfer of property, conditioned upon an agreement to furnish continuing care for life or for a term of years, and which lists or refers to the name of any individual or organization as being interested in, or connected with, the person, association, or corporation that is to perform the contract, shall clearly state the extent of financial responsibility assumed by that individual or organization for the person, association, or corporation and the fulfillment of its agreements.
D. This Subsection does not impose liability, civil or criminal, upon a person or publisher who is regularly engaged in the business of publishing a bona fide newspaper or operating a radio or television station and who, acting solely in his official capacity, publishes an advertisement in good faith and without knowledge that the advertisement or publication constitutes a violation of this Chapter.
Acts 1987, No. 483, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2184. Revocation of registration

RS 51:2184 - Revocation of registration
A. The registration of a provider may be revoked, after notice and hearing, and upon written findings of fact by the department that the provider has:
(1) Willfully violated any provision of this Chapter or any rule, regulation, or order adopted hereunder.
(2) Failed to file an annual disclosure statement required by this Chapter.
(3) Failed to make available to residents the disclosure statement required by this Chapter.
(4) Delivered to prospective residents a disclosure statement which makes an untrue statement of material fact or omits a material fact and the provider, at the time of the delivery of the disclosure statement, had actual knowledge of the misstatement or omission.
(5) Failed to comply with the terms of a cease and desist order.
B. If the department finds, after notice and hearing, that the provider has been guilty of a violation for which revocation may be ordered, it may first issue a cease and desist order. If the cease and desist order is or cannot be effective in remedying the violation, the department may, after notice and hearing, order that the registration be revoked.
Acts 1987, No. 483, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2185. Cease and desist orders and injunctions

RS 51:2185 - Cease and desist orders and injunctions
A. If the department determines, after notice and hearing, that any person has violated or is about to violate any provision of this Chapter or of any regulation, rule, or order issued hereunder, the department may issue an order requiring the person to cease and desist from the unlawful practice or to take such affirmative action that in the judgment of the department will carry out the purpose of this Chapter.
B. If the department makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing a cease and desist order, it may issue a temporary cease and desist order which shall include in its terms a provision that, upon request, a hearing shall be held within ten days of such request to determine whether or not the order becomes permanent. Any such temporary cease and desist order shall be served on the person subject to it by certified mail, return receipt requested.
Acts 1987, No. 483, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2186. Administrative fines

RS 51:2186 - Administrative fines
If the department finds that one or more grounds exist for the revocation of a certificate of registration issued under this Chapter, it may, in lieu of revocation, impose a fine upon the provider in an amount not to exceed one thousand dollars for each violation. Procedures for the imposition of fines and appeals of such fines shall be governed by the Administrative Procedure Act, R.S. 49:950, et seq.
Acts 1987, No. 483, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:2188. Regulations

RS 51:2188 - Regulations
A. The department is hereby authorized and empowered to adopt such rules and regulations as are necessary to carry out the provisions of this Chapter except that licensing standards and regulations as developed by the department for board and care homes and nursing homes shall also be applied to the facilities and homes governed by this Chapter.
B. Nothing herein shall be construed to apply to health care facilities, or distinct parts thereof, which are licensed by the Louisiana Department of Health as and operate as nursing homes; provided, however, any nursing home or other health care facility which converts, in part or in full, to a continuing care facility, as defined herein, shall comply with the provisions of this Chapter.
Acts 1989, No. 445, §1.