reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1751. Definitions

RS 40:1751 - Definitions
For purposes of this Part, "machine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, and any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun. The term shall not include items that are not required to be registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Acts 1932, No. 80, §1; Acts 2023, No. 120, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1752. Manufacture, transfer, or possession of machine guns unlawful; exceptions

RS 40:1752 - Manufacture, transfer, or possession of machine guns unlawful; exceptions
A. No person shall manufacture, transfer, or possess a machine gun within this state.
B. This Section shall not apply to any of the following:
(1) A transfer to or from, or possession by or under the authority of, the United States or any department or agency thereof.
(2) A transfer to or from, or possession by or under the authority of, any state of the United States or a department, agency, or political subdivision thereof.
(3) Any machine gun that is lawfully manufactured, transferred, or possessed under federal law.
Acts 1932, No. 80, §2; Acts 2023, No. 120, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1755. Penalty

RS 40:1755 - Penalty
A. Any person who violates R.S. 40:1752 shall be imprisoned at hard labor for not less than one year nor more than ten years.
B. Any person who has been convicted of, or found not guilty by reason of insanity for, a crime of violence as defined in R.S. 14:2(B) which is a felony, or an attempt to commit a crime of violence as defined in R.S. 14:2(B) which is a felony, who thereafter violates any of the provisions of R.S. 40:1752 shall be imprisoned at hard labor for not less than three years nor more than ten years.
Acts 1932, No. 80, §§5, 6; Acts 2023, No. 120, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1781. Definitions

RS 40:1781 - Definitions
For the purpose of this Part, the following terms have the meanings ascribed to them in this Section:
(1) "Dealer" means any person not a manufacturer or importer engaged in this state in the business of selling any firearm. The term includes wholesalers, pawnbrokers, and other persons dealing in used firearms.
(2) "Department" means the Department of Public Safety.
(3) "Firearm" means a shotgun having a barrel of less than eighteen inches in length; a rifle having a barrel of less than sixteen inches in length; any weapon made from either a rifle or a shotgun if the weapon has been modified to have an overall length of less than twenty-six inches; any other firearm, pistol, revolver, or shotgun from which the serial number or mark of identification has been obliterated, from which a shot is discharged by an explosive, if that weapon is capable of being concealed on the person; or a machine gun, grenade launcher, bazooka, rocket launcher, excluding black powder weapons, or gas grenade; and includes a muffler or silencer for any firearm, whether or not the firearm is included within this definition. Pistols and revolvers and those rifles and shotguns which have not previously been defined in this Paragraph as firearms from which serial numbers or marks of identification have not been obliterated are specifically exempt from this definition.
(4) "Importer" means any person who imports or brings into the state any firearm.
(5) "Machine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, and any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun. The term shall not include items that are not required to be registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
(6) "Manufacturer" means any person who is engaged in this state in the manufacture, assembling, alteration, or repair of any firearm.
(7) "Muffler" or "silencer" includes any device for silencing or diminishing the report of any portable weapon such as a rifle, carbine, pistol, revolver, machine gun, submachine gun, shotgun, fowling piece, or other device from which a shot, bullet, or projectile may be discharged by an explosive and is not limited to mufflers and silencers for firearms as defined in this Section.
(8) "Transfer" includes the sale, assignment, pledge, lease, loan, gift, or other disposition of any firearm.
Amended by Acts 1964, No. 51, §1; Acts 1975, No. 381, §1; Acts 1977, No. 532, §1; Acts 1988, No. 424, §1; Acts 2023, No. 120, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1782. Exemptions from Part

RS 40:1782 - Exemptions from Part
This Part does not apply to the following persons and things:
(1) Sheriffs or equivalent municipal officers in municipalities of over ten thousand, when they are acting in their official capacity.
(2) The arms, accoutrements, and equipment of the military and naval forces of the United States or of other officers of the United States authorized by law to possess weapons of any kind.
(3) The arms, accoutrements, and equipment of the militia.
(4) Any firearm which is unserviceable and which is transferred as a curiosity or ornament.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1785. Possession or dealing in unregistered or illegally transferred weapons

RS 40:1785 - Possession or dealing in unregistered or illegally transferred weapons
No person shall receive, possess, carry, conceal, buy, sell, or transport any firearm which has not been registered or transferred in accordance with Title 18 or Title 26 of the United States Code as applicable.
Amended by Acts 1950, No. 316, §11; Acts 2013, No. 398, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1788. Identification with number or other mark; obliteration or alteration of number or mark

RS 40:1788 - Identification with number or other mark; obliteration or alteration of number or mark
A. Each manufacturer, importer, and dealer in any firearm shall identify it with a number or other identification mark approved by the department and shall mark or stamp or otherwise place the number or mark thereon in a manner approved by the department.
B. No one shall obliterate, remove, change, or alter this number or mark.
Acts 2016, No. 340, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1790. Rules and regulations; importation of firearms

RS 40:1790 - Rules and regulations; importation of firearms
The department may prescribe such rules and regulations as are necessary for carrying out the provisions of this Part.
Under regulations prescribed by the department, any firearm may be imported or brought into this state or possessed or transferred when the purpose thereof is shown to be lawful.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1791. Penalty

RS 40:1791 - Penalty
Upon the first violation of any provision of this Part the penalty shall be a fine of not less than five hundred dollars nor more than two thousand dollars and imprisonment with or without hard labor for not less than one nor more than five years. For any subsequent violation of this Part the penalty shall be a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment at hard labor for not less than five years nor more than ten years.
Amended by Acts 1975, No. 491, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1792. Possession of unidentifiable firearm; particular penalties; identification of source of firearm

RS 40:1792 - Possession of unidentifiable firearm; particular penalties; identification of source of firearm
A. No person shall intentionally receive, possess, carry, conceal, buy, sell, transfer, or transport any firearm which has been illegally obtained or from which the serial number or individual identifying mark, as required by R.S. 40:1788, has been intentionally obliterated, altered, removed, or concealed.
B. The provisions of this Section shall not apply to any firearm which is an antique or war relic and is inoperable or for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade, or which was originally manufactured without such a number.
C. Except as otherwise provided in this Section, whoever violates the provisions of this Section may be fined not more than one thousand dollars and shall be imprisoned at hard labor for five years without benefit of probation, parole, or suspension of sentence.
D. Prior to sentencing for a conviction under this Section, the defendant shall be given the opportunity to identify the source of the firearm upon which the conviction was based. If the defendant reveals the identity of the source of the weapon and the identity of the source is confirmed by the prosecutor or the court, the defendant shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
E. Nothing in this Section shall be construed to prevent the prosecution of an individual who obtained the firearm by theft, robbery, deception, or by other unlawful means from the lawful owner of the firearm.
F. Any illegally obtained firearm or a firearm from which the serial number or identifying mark required by R.S. 40:1788 has been obliterated or altered is hereby declared to be contraband and shall be seized by the law enforcement agency of jurisdiction. If it is determined that a person other than the owner was responsible for removing, altering, or obliterating the serial number or identifying mark, the firearm shall be returned to its lawful owner or may be disposed of according to law but only after a new serial number has been permanently fixed on the firearm. If a new serial number is not so affixed, the firearm shall be destroyed by the law enforcement agency in possession of the firearm.
Acts 1994, 3rd Ex. Sess., No. 29, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1796. Preemption of state law

RS 40:1796 - Preemption of state law
A. No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms, ammunition, or components of firearms or ammunition; however, this Section shall not apply to the levy and collection of sales and use taxes, license fees and taxes and permit fees, nor shall it affect the authority of political subdivisions to prohibit the possession of a weapon or firearm in the commercial establishments and public buildings enumerated in R.S. 40:1379.3(N).
B. Nothing in this Section shall prohibit a local governing authority in a high-risk area from developing a plan with federally licensed firearms manufacturers, dealers, or importers to secure the inventory of firearms and ammunition of those licensees in order to prevent looting of the licensee's premises during a declared state of emergency or disaster. Such plan shall be renewed on a periodic basis. The information contained in the plan shall be deemed security procedures as defined in R.S. 44:3.1 and shall be released only to the sheriffs of the parishes or police chiefs of municipalities in which the declared state of emergency or disaster exists.
C. For the purposes of this Section:
(1) "Declared emergency or disaster" means an emergency or disaster declared by the governor or parish president pursuant to the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act.
(2) "High-risk area" means the parishes of Assumption, Calcasieu, Cameron, Iberia, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, and Vermilion.
Added by Acts 1985, No. 741, §1, eff. July 17, 1985; Acts 2006, No. 254, §1; Acts 2020, No. 299, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1797. Law enforcement officers; possession of a firearm in courtroom; prohibition

RS 40:1797 - Law enforcement officers; possession of a firearm in courtroom; prohibition
No state or local law enforcement officer shall carry a firearm, whether concealed or not on his person, into a courtroom while attending any session of state, parish, city, municipal, family, juvenile, drug, or traffic court as a party to a proceeding.
Acts 1999, No. 621, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1799. Preemption of state law; liability of manufacturer, trade association, or dealer of firearms and ammunition

RS 40:1799 - Preemption of state law; liability of manufacturer, trade association, or dealer of firearms and ammunition
A. The governing authority of any political subdivision or local or other governmental authority of the state is precluded and preempted from bringing suit to recover against any firearms or ammunition manufacturer, trade association, or dealer for damages for injury, death, or loss or to seek other injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition. The authority to bring such actions as may be authorized by law shall be reserved exclusively to the state.
B. This Section shall not prohibit the governing authority of a political subdivision or local or other governing authority of the state from bringing an action against a firearms or ammunition manufacturer, trade association, or dealer for breach of contract as to firearms or ammunition purchased by the political subdivision or local authority of the state.
Acts 1999, No. 291, §1, eff. June 11, 1999.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1800. Firearms; hold agreements; limitation of liability

RS 40:1800 - Firearms; hold agreements; limitation of liability
A. For the purposes of this Section:
(1) "Federal firearms licensee" means any person licensed pursuant to Chapter 44 of Title 18 of the United States Code.
(2) "Firearm" means an instrument as defined in 18 U.S.C. 921, R.S. 14:37.4 or 95.1, or R.S. 40:1781.
(3) "Firearm hold agreement" means a private transaction between a federal firearms licensee and an individual firearm owner where the licensee takes physical possession of the owner’s lawfully possessed firearm at the owner's request, holds the firearm for an agreed period of time, and returns the firearm to the owner according to the terms of the transaction.
B.(1) No person shall have a cause of action against a federal firearms licensee operating lawfully in the state of Louisiana for any act or omission arising from a firearm hold agreement and resulting in personal injury or death of any natural person, including the return of any firearms to the individual firearm owner by a federal firearms licensee at the termination of a firearm hold agreement.
(2) The immunity from civil liability provided in Paragraph (1) of this Subsection shall not apply to any action arising from a firearm hold agreement if such action was the result of otherwise unlawful conduct on the part of the licensee.
(3) This Section shall not apply to firearm transfers pursuant to the Domestic Violence Prevention Firearm Transfer as provided in Title XXXV of the Code of Criminal Procedure.
Acts 2022, No. 453, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1810. Definitions

RS 40:1810 - Definitions
As used in this Part, "armor-piercing bullet" shall mean any bullet, except a shotgun shell or ammunition primarily designed for use in rifles, that:
(1) Has a steel inner core or core of equivalent density and hardness, truncated cone, and is designed for use in a pistol or revolver as a body armor or metal piercing bullet; or
(2) Has been primarily manufactured or designed, by virtue of its shape, cross-sectional density, or any coating applied thereto, to breach or penetrate body armor when fired from a handgun.
Added by Acts 1983, No. 284, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1811. Prohibitions

RS 40:1811 - Prohibitions
A. No person shall import, manufacture, sell, purchase, possess, or transfer armor-piercing bullets.
B. Whoever violates the provisions of this Section shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than one year, or both.
Added by Acts 1983, No.284, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1812. Exemptions

RS 40:1812 - Exemptions
The provisions of this Part shall not apply to:
(1) Law enforcement officers and employees acting in the lawful performance of their duties.
(2) Law enforcement or other authorized agencies conducting a firearms training course, operating a forensic ballistics laboratory, or specializing in the development of ammunition or explosive ordinance.
(3) Department of Corrections officials and employees authorized to carry firearms while engaged in the performance of their official duties.
(4) Members of the armed services or reserve forces of the United States or Louisiana National Guard while engaged in the performance of their official duties.
(5) Federal officials authorized to carry firearms while engaged in the performance of their official duties.
(6) The lawful manufacture, importation, sale, purchase, possession, or transfer of armor-piercing bullets exclusively to or for persons authorized by law to possess such bullets.
(7) A bona fide collector licensed by the Department of Public Safety.
Added by Acts 1983, No. 284, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1841. Creation of commission; domicile; membership; terms; officers of commission

RS 40:1841 - Creation of commission; domicile; membership; terms; officers of commission
A. The Liquefied Petroleum Gas Commission is hereby created. It shall have power to sue and be sued and shall be domiciled in the city of Baton Rouge. The commission shall consist of five members, one of whom shall be the secretary of the Department of Public Safety and Corrections or his designee, who shall serve as an ex officio member; two members shall be appointed by the governor, and two members shall be appointed by the governor from a list of four names selected in the manner hereinafter provided by a majority vote of the liquefied petroleum gas dealers, as that term is hereinafter defined. In default of such nomination by the liquefied petroleum gas dealers, the governor shall make the appointments. All appointments by the governor shall be subject to confirmation by the Senate.
B. For the purpose of voting on the selection of the two members of the commission to be appointed by the governor, each liquefied petroleum gas dealer shall be entitled to one vote per permit held, to be cast by the person designated in a duly executed power of attorney from the dealer he represents. The power of attorney shall be filed with the commission and shall remain effective for such purposes until revoked. Any natural person may be selected. The Louisiana Liquefied Petroleum Gas Commission shall conduct the selection process. The selection process shall be held thirty days prior to a new gubernatorial inauguration and every four years thereafter, beginning in the year 2000.
C.(1) Each of the four members appointed by the governor shall serve a term which shall be concurrent with the term of the governor making the appointment. Each appointment by the governor shall be submitted to the Senate for confirmation. The secretary of the Department of Public Safety and Corrections or his designee shall serve for a term corresponding with the term of his official appointment.
(2) A majority of the membership shall constitute a quorum for the transaction of business.
D. The commission shall elect its chairman and vice chairman, and the director hereinafter provided for shall be the secretary of the commission.
Acts 1950, No. 63, §1. Amended by Acts 1975, No. 49, §1; Acts 1978, No. 603, §1; Acts 1980, No. 735, §1, eff. July 29, 1980; Acts 1987, No. 552, §1; Acts 1997, No. 98, §1; Acts 1997, No. 1446, §1; Acts 2003, No. 774, §11.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1843. Compensation of members

RS 40:1843 - Compensation of members
The members of the commission shall receive one hundred twenty-five dollars per diem for each day and an expense allowance in the same amounts as authorized by state general travel regulations for meals, lodging, and mileage for state employees for attendance at meetings of the commission.
Acts 1950, No. 63, §1. Amended by Acts 1979, No. 362, §1; Acts 1980, No. 766, §1; Acts 2001, No. 429, §1; Acts 2008, No. 926, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1844. Meetings

RS 40:1844 - Meetings
The commission shall hold not more than one meeting per month at its domicile and no meeting shall be for longer than is absolutely necessary to transact the business of the commission, provided, however, that the commission may hold three of its monthly meetings at places in the state elsewhere than at its domicile.
Acts 1950, No. 63, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1845. Director; other personnel; salaries

RS 40:1845 - Director; other personnel; salaries
For the enforcement of its rules and regulations and the provisions of this Part, the commission shall appoint a director and such other field inspectors as its work may require, and shall prescribe their duties and fix their compensation. It may appoint such secretarial, stenographic and clerical help as may be required to carry out the duties of the commission and shall fix their salaries.
Acts 1950, No. 63, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1846.1. Powers of investigation; penalties; civil liability

RS 40:1846.1 - Powers of investigation; penalties; civil liability
A. The commission shall have the power to summon and compel the attendance of witnesses, to swear witnesses, to compel the production of books and papers directly connected with any violation of its regulations under investigation, to take testimony under commission, and to punish for contempt as fully as is provided by law for the district courts.
B. Each dealer facility subject to the regulation of the commission shall submit to an inspection by a representative of the commission at least once every three years, which inspections may be conducted without prior notice by the commission or its representative.
C.(1) No individual shall be subject to a criminal fine or imprisonment under this Chapter as a result of any willful and wrongful acts of a fellow employee or subordinate employee whose willful and wrongful act was carried out without the knowledge of the individual.
(2) Whoever is found to be guilty of any of the following acts shall be fined not more than fifty thousand dollars, or imprisoned with hard labor for not more than ten years, or both:
(a) Willful or knowing violation of a rule or regulation of the commission which endangers human life or health.
(b) Failure to properly odorize gas or to verify the presence of odorant as required by this Chapter.
D.(1) Anyone violating this Chapter shall also be liable for all damages resulting from any fire or explosion involving that shipment.
(2) The liability imposed by this Section may not be delegated by contract or practice to any transporter or subcontractor responsible for the transportation of the liquefied petroleum gas.
E.(1) The commission may assess a civil penalty of not less than one hundred nor more than one thousand dollars for each violation of this Chapter or the rules and regulations adopted under the provisions of this Chapter.
(2) Civil penalties may be assessed only by a ruling of the commission based on an adjudicatory hearing held in accordance with the Administrative Procedure Act.
(3) The commission may institute civil proceedings to enforce its rulings in the district court for the parish in which the commission is domiciled or the district court for the parish in which the violation occurred.
Acts 1983, No. 377, §1. Acts 1984, No. 214, §1, eff. June 29, 1984; Acts 1999, No. 584, §1; Acts 2003, No. 275, §1, eff. June 10, 2003.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1847. Permits; bonds; insurance; reciprocal agreements

RS 40:1847 - Permits; bonds; insurance; reciprocal agreements
A.(1) Every person, firm, or corporation, as a prerequisite to his or its right to store, sell, or transport liquefied petroleum gases over the highways of the state of Louisiana or to his or its right to install storage tanks or systems for the use of liquefied petroleum gases, or to his or its right to install liquefied petroleum gas appliances, shall obtain a permit or registration from the commission and shall comply with the applicable requirements of the rules and regulations of the commission including the execution and filing of the insurance policy required herein with the commission. The registration applies only to plumbers who hold a masters plumber's license issued by the state of Louisiana, or mechanical contractors who hold a current occupational license from the proper issuing authority and who meets all rules and regulations of the Liquefied Petroleum Gas Commission.
(2) As a further prerequisite to the issuance of such permit or registration, the applicant shall furnish evidence of liability insurance in the minimum sum of one hundred thousand dollars covering the applicant's legal liability for such phases of his operations as the commission may require, but this shall not serve to lower any insurance requirements otherwise provided by law.
(3) In lieu of such insurance, the applicant may post with the commission bonds or other securities issued by the United States of America or the state of Louisiana, or certificates of deposit or similar instruments issued by a lending institution regulated by an agency of this state or of the federal government, in the above amounts, which bonds or securities shall be held in trust by the commission for the benefit of any person, firm, or corporation to which such legal liability may accrue.
B. The commission shall grant Class I liquefied petroleum gas dealer permits to nonresident applicants only after the commission has reached a reciprocal agreement with the liquefied petroleum gas regulating authority of the state in which the applicant resides. Such agreement shall provide for the granting of Class I dealer permits in that state to resident Louisiana liquefied petroleum gas Class I dealer applicants on an equal basis between the states for the granting of such permits. The granting of a Class I dealer permit by the commission to such nonresident applicant shall be subject to the provisions of such agreement. The provisions of such agreement shall not serve to reduce the requirements hereinabove prescribed for qualifying for Class I liquefied petroleum gas dealer permits to operate within the state of Louisiana.
Acts 1983, No. 377, §1. Acts 1984, No. 214, §1, eff. June 29, 1984; Acts 1987, No. 552, §1; Acts 1995, No. 1279, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1848. Revocation of permits

RS 40:1848 - Revocation of permits
A. A permit may be suspended or revoked by the commission whenever the commission has assessed two or more penalties against a dealer for willful violation of or failure to comply with such rules and regulations provided the second or succeeding penalty or penalties have been imposed for violations of, or failure to comply with the regulations of the commission committed after the imposition of the first penalty or forfeiture, reserving to the dealer the right to resort to the courts for reinstatement of the permit suspended or revoked.
B. The commission may suspend or revoke the permit of any person who violates the provisions of R.S. 40:1846.1(C)(2)(a) and (b) or who fails to pay any civil penalty imposed by the commission under the provisions of R.S. 40:1846.1(E) within thirty days after the assessment becomes final.
C. Any dealer who continues to operate after such permit is revoked or during the period of such suspension shall be liable to prosecution under the provisions hereof in the same manner as if no such permit had ever been issued.
D. A permit may be revoked or suspended only by a ruling of the commission based on an adjudicatory hearing held in accordance with the Administrative Procedure Act.
E. The commission may institute civil proceedings to enforce its rulings in the district court for the parish in which the commission is domiciled or in the district court for the parish in which the violation which gave rise to the suspension or revocation occurred.
Acts 1983, No. 377, §1. Acts 1984, No. 214, §1, eff. June 29, 1984; Acts 1987, No. 552, §1; Acts 1987, No. 857, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1850. Penalties

RS 40:1850 - Penalties
Any person, or the managing head of any firm or partnership, or the officer or employee of any corporation having direct control of such operation, who stores, sells, or transports over the public highways of Louisiana any liquefied petroleum gases without having first obtained the permit, and obtained the insurance required by this Part, or who installs any tank or system for the use of liquefied petroleum gases without having obtained such permit, and obtained such insurance, or who installs any liquefied petroleum gas appliance without having obtained such permit, and obtained such insurance, or who violates the requirements of R.S. 40:1849(B), shall be guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction, shall pay a fine of not more than one thousand dollars or be imprisoned in the parish jail for not more than sixty days, or both. This Section shall not apply to any of the aforesaid acts or operations which by law are placed beyond the regulatory powers of the Liquefied Petroleum Gas Commission.
Acts 1950, No. 63, §1. Amended by Acts 1977, No. 688, §1, eff. July 25, 1977; Acts 1999, No. 584, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1851. Assessment

RS 40:1851 - Assessment
A. Subject to the provisions of this Section, there is hereby levied an assessment in the amount of five one-hundredths of one percent of the gross annual sales of liquefied petroleum gas of each person who holds a Class I, Class IV, or Class VI permit. The assessment shall be determined in the same manner as the permit fee is determined.
B. Repealed by Acts 2016, No. 422, §2.
C. The assessment shall be paid at the same time as the annual permit fees are paid.
D. The commission may deduct the expenses of collecting and administering the assessment, including the expenses of conducting the referendum, from the proceeds of the assessment. After making those deductions, the commission shall deposit and maintain the proceeds of the assessment in a separate interest-bearing account. If expenses are deducted, they will be deducted each year for that year only and shall be limited to one percent of assessments collected or a maximum of five hundred dollars, whichever is less.
E.(1) The proceeds of the assessment and the interest earned on those proceeds shall be used for market development and promotion of the use of liquefied petroleum gas. Such marketing programs may include advertising on radio, television, newspapers, magazines, billboards, websites, and online venues, as well as sponsorships and participation in trade shows, consumer rebate programs to encourage the purchase of propane appliances, and any other programs as recommended by the Market Development Advisory Committee established under Subsection F of this Section.
(2) All monies received or collected pursuant to R.S. 40:1851.1(A), including any interest which may be earned on such monies, shall be deposited into a separate interest-bearing account established and maintained by the commission. All monies deposited shall be used exclusively for the purposes provided for in R.S. 40:1851.1(B).
F. The commission shall establish a board to advise the commission on the expenditure of funds collected under this Section. One advisory board member shall be appointed by the commission from each commission inspector's area, as designated by the commission, and two members shall be appointed at large. Each member of the advisory board shall be a holder of a Class I, Class IV, or Class VI permit. Each class of permit holders on which this Section levies an assessment shall have at least two members who hold permits for their respective classes on the advisory board. There shall be not more than nine members of the advisory board. The advisory board members shall serve a term concurrent with that of the governor and, in case of resignation, the appointee will fill the unexpired term. Members shall not receive any compensation for serving on the advisory board.
G, H. Repealed by Acts 2016, No. 422, §2.
Acts 1989, No. 280, §1; Acts 1997, No. 1446, §1; Acts 1998, 1st Ex. Sess., No. 127, §1, eff. May 5, 1998; Acts 2001, No. 143, §1; Acts 2009, No. 386, §1; Acts 2016, No. 422, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1851.1. Propane education and research monies

RS 40:1851.1 - Propane education and research monies
A. Any other donations, grants, or joint or coordinated assessments received or collected pursuant to Chapter 90 of Title 15 of the United States Code and received by the commission shall be deposited into the separate interest-bearing account as provided in R.S. 40:1851(E) and such monies shall be used exclusively for the purposes as provided in this Section.
B. Monies received or collected under the provisions of this Section shall only be used to enhance consumer and employee safety and training, to provide for research and development of clean and efficient propane utilization equipment, or to inform and educate the public about safety and other issues associated with the use of propane.
Acts 1998, 1st Ex. Sess., No. 127, §1, eff. May 5, 1998.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1852. Regulations

RS 40:1852 - Regulations
A. The Liquefied Petroleum Gas Commission shall formulate, adopt, and promulgate rules and regulations for retail stations for the safe storage, handling, and use of liquefied petroleum gases used as motor fuels.
B. The rules and regulations shall be in substantial conformity with the applicable provisions of the published standards of the National Fire Protection Association, covering the storage, handling, and use of liquefied petroleum gases used as motor fuels.
Acts 1990, No. 779, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1853.1. Access to automatic fuel dispensing device; safety requirement

RS 40:1853.1 - Access to automatic fuel dispensing device; safety requirement
A. The use of self-service, coin-operated, credit card, or any other pump-activating automatic fuel dispensing device at any retail station may be accessed by the general public.
B. A dealer shall post at each dispenser step-by-step operating instructions readily visible to the operator during transfer operations.
C. The Liquified Petroleum Gas Commission shall promulgate and adopt rules and regulations, in accordance with the Administrative Procedure Act, providing education and instruction on the safe operation and use of automatic fuel dispensing devices.
Acts 2012, No. 433, §1.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1891. Application of Part

RS 40:1891 - Application of Part
This Part applies only to retail distributing systems, subject to the jurisdiction of the Louisiana Public Service Commission. Nothing in this Part applies to or affects:
(1) Gas transported out of the state.
(2) Gas transported in gas lines for industrial or commercial purposes or for re-sale.
(3) Liquefied petroleum gas.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1892. Malodorants required

RS 40:1892 - Malodorants required
All natural and other odorless gases shall be malodorized by the use of a malodorant in accordance with pipeline safety rules and regulations promulgated by the assistant secretary of the office of conservation of the Department of Energy and Natural Resources, or in the case of liquefied petroleum gas, in accordance with R.S. 40:1846(B)(5) and (6).
Acts 1983, No. 377, §1. Acts 1984, No. 214, §1, eff. June 29, 1984; Acts 2023, No. 150, §14, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1893. Method of use and containers and equipment regulated

RS 40:1893 - Method of use and containers and equipment regulated
The method of using the malodorant and the containers and equipment used in connection therewith are under the direction and subject to the approval of the office of conservation of the Department of Energy and Natural Resources.
Added by Acts 1979, No. 535, §1. Amended by Acts 1981, No. 754, §2; Acts 2023, No. 150, §14, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1894. Enforcement of Part; rules and regulations

RS 40:1894 - Enforcement of Part; rules and regulations
The office of conservation of the Department of Energy and Natural Resources shall enforce the provisions of this Part. The assistant secretary of the office of conservation may prescribe any rules and regulations on this subject necessary to carry out the purposes of this Part. In addition to the rights, powers, and duties granted under this Part, the assistant secretary shall exercise relative to this Part all of the rights, powers, and duties granted under R.S. 30:501 et seq.; however, the provisions of R.S. 30:544 shall not apply to this Part.
Added by Acts 1979, No. 535, §1. Amended by Acts 1981, No. 754, §2; Acts 2023, No. 150, §14, eff. Jan. 10, 2024.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1895. Proposed orders, rules, or regulations

RS 40:1895 - Proposed orders, rules, or regulations
All orders, rules, or regulations under the provisions of this Part shall be adopted and published in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq.
Amended by Acts 1981, No. 754, §2.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1896. Violation, penalties

RS 40:1896 - Violation, penalties
A. Any person who shall be determined by the assistant secretary, after notice and an opportunity for a hearing, to have violated any provision of this Part or any rule, regulation, or order promulgated or issued under this Part shall be liable to the office of conservation for a civil penalty not to exceed ten thousand dollars for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed five hundred thousand dollars for any related series of violations. The amount of the penalty shall be assessed by the assistant secretary by written notice. In determining the amount of the penalty, the assistant secretary shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the penalty, and such other matters as justice may require.
B. The legal counsel employed or retained by the assistant secretary may recover the assessed civil penalty by bringing action against the person so assessed in the court having jurisdiction. The assistant secretary may compromise the civil penalty.
C. Any person who willfully and knowingly violates this Part or any rule, regulation, or order issued under this Part shall be deemed guilty of a misdemeanor, and, upon conviction, shall be subject for each offense to a fine of not more than twenty-five thousand dollars or imprisoned for not more than one year, or both, for each violation.
Amended by Acts 1981, No. 754, §2; Acts 1990, No. 599, §3, eff. July 19, 1990.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1911. Citation of Part

RS 40:1911 - Citation of Part
This Part shall be known as the "Anhydrous Ammonia Law of Louisiana".
Acts 1990, No. 247, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1351.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1912. Repealed by Acts 1972, No. 734, §10.

RS 40:1912 - Repealed by Acts 1972, No. 734, §10.
Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1352.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1913. Definitions

RS 40:1913 - Definitions
A. Anhydrous ammonia in this Part is defined as follows: Anhydrous ammonia contains 82% nitrogen. At atmospheric pressure ammonia is a gas. It exists as a liquid below 28 degrees Fahrenheit, and boils at this temperature. In commerce, ammonia is compressed to a liquid and stored under pressure. The gauge pressure is 75 pounds per square inch at 50 degrees Fahrenheit and 197 pounds per square inch at 100 degrees Fahrenheit. The pressures exerted by anhydrous ammonia are dangerous unless the proper safety devices are installed in the equipment and care is used in handling it.
B.(1) Dealers in anhydrous ammonia in this Part are persons who buy and sell or distribute, at wholesale or retail, anhydrous ammonia to any person, including agencies, political subdivisions, and municipalities of the state. The provisions of this Part shall not apply to manufacturers of anhydrous ammonia who sell anhydrous ammonia exclusively to other manufacturers of anhydrous ammonia and to dealers as defined in this Subsection, except as provided in R.S. 40:1915(B), relative to furnishing of bond.
(2) Dealers in anhydrous ammonia equipment in this Part are persons who buy and sell or distribute, at wholesale or retail, to users and consumers, including agencies, political subdivisions, and municipalities of the state, equipment used in the installation, storage, handling, utilization, and dispensing of anhydrous ammonia.
(3) Any person owning and maintaining storage facilities for anhydrous ammonia for his own use and accommodation, and for the use and accommodation of his tenant or sharecroppers to whom anhydrous ammonia is distributed without profit, is not to be classed as a dealer within the meaning and intent of this Part.
C. "Commission", as used in this Part, means the Liquefied Petroleum Gas Commission.
Amended by Acts 1950, No. 182, §1; Acts 1952, No. 74, §3; Acts 1954, No. 526, §1; Acts 1990, No. 247, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1353.
2023 Louisiana Laws › Revised Statutes › Title 40 - Public Health and Safety › §40:1914. Powers and duties of commission

RS 40:1914 - Powers and duties of commission
A. The Liquefied Petroleum Gas Commission is vested with the authority to promulgate rules and regulations governing the storage, utilization, sale or transportation of anhydrous ammonia, the fabrication and installation of systems for the storage and utilization of anhydrous ammonia, and installation of all other anhydrous ammonia equipment as the commission may deem necessary in the interest of public safety. In drafting such regulations, the commission may adopt for its own, in substance, the regulations or standards published by the Compressed Gas Association, Inc. of New York and/or the National Board of Fire Underwriters, or any other such nationally recognized agency. The rules and regulations adopted by the commission relating to the design or construction of anhydrous ammonia containers shall be in reasonable and substantial conformity with the American Society of Mechanical Engineers Code for Construction of Unfired Pressure Vessels and subsequent amendments, revisions, or modifications thereto. Such regulations shall not be extended to the manufacturers of anhydrous ammonia with respect to their operations and equipment on their plant site only, or the manufacturer of products of which anhydrous ammonia forms a component part, or the installation or storage or delivery of such gases within the plant site of any such manufacturer.
B. The Liquefied Petroleum Gas Commission is vested with the duty of administering and enforcing the provisions of this Part and the rules and regulations adopted by the commission, to employ all necessary personnel or inspectors to enforce this law and the rules and regulations adopted by the commission, and such inspectors shall have the authority to enter the premises of all manufacturers of anhydrous ammonia equipment, dealers in anhydrous ammonia and equipment, and farmers for inspection purposes from time to time as the commission deems necessary or advisable in enforcing the provisions of this law and the rules and regulations of the commission.
C. The commission shall have the right to injunctive relief to prevent the continuing violation of, or failure to comply with the law or any of the rules and regulations of the commission. Any suits for injunctive relief shall be filed in the parish in which such violations occur or in the parish in which the violator is domiciled or has his principal place of business.
Amended by Acts 1950, No. 182, §2; Acts 1952, No. 74, §4; Acts 1964, No. 412, §1; Acts 1990, No. 247, §1; Redesignated by Acts 2010, No. 579, §4 from R.S. 3:1354.