Title 40, Public Health and Safety
0 chapters · 3,334 sections in this title.
La. Rev. Stat. § 40:1749.13 Excavation and demolition; prohibitions
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§1749.13. Excavation and demolition; prohibitions A. Except as provided in this Section, no person shall excavate or demolish in any street, highway, public place, or servitude of any operator, or near the location of an underground facility or utility, or on the premises of a cu…
La. Rev. Stat. § 40:1749.14 Regional notification center
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§1749.14. Regional notification center A. Each operator of an underground utility or facility, including all state agencies and political subdivisions of the state, shall become a member of, participate in, and share the cost of a regional notification center, except as provided …
La. Rev. Stat. § 40:1749.15 Emergency excavation; notice required; penalty
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§1749.15. Emergency excavation; notice required; penalty A. The notice required pursuant to R.S. 40:1749.13 shall not apply to any person conducting an emergency excavation. Oral or electronic notice of the emergency excavation shall be given as soon as practicable to the regiona…
La. Rev. Stat. § 40:1749.16 Precautions to avoid damage
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§1749.16. Precautions to avoid damage In addition to the notification requirements in R.S. 40:1749.13 and 1749.14 and the emergency notification requirements in R.S. 40:1749.15, each person responsible for an excavation or demolition operation shall do the following: (1) Plan the…
La. Rev. Stat. § 40:1749.17 Excavation or demolition; repair of damage
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§1749.17. Excavation or demolition; repair of damage A. Each person responsible for any excavation or demolition operations which result in any damage to an underground facility or utility shall, immediately upon discovery of that damage, notify the owner or operator of the utili…
La. Rev. Stat. § 40:1749.18 Certification of a regional notification center by Department of Public Safety and
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§1749.18. Certification of a regional notification center by Department of Public Safety and Corrections A. The Department of Public Safety and Corrections shall promulgate rules and regulations in accordance with the Administrative Procedure Act to establish a certification prog…
La. Rev. Stat. § 40:1749.19 Voluntary participation by incorporated municipalities and parish governments
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§1749.19. Voluntary participation by incorporated municipalities and parish governments A. Each incorporated municipality or parish government which owns or operates, in its own right or through a special district or districts created pursuant to constitutional or statutory autho…
La. Rev. Stat. § 40:1749.20 Violations; penalties
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§1749.20. Violations; penalties A.(1) A person who is required by this Part to become a member of, participate in, or share the cost of, a regional notification center and who fails to do so shall be subject to a civil penalty of not more than two hundred fifty dollars for the fi…
La. Rev. Stat. § 40:1749.21 Miscellaneous provisions
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§1749.21. Miscellaneous provisions A. Except as otherwise specifically provided herein, the provisions of this Part shall not affect any civil remedies for personal injury or property damage, including damage to underground facilities or utilities. B. Nothing in this Part shall a…
La. Rev. Stat. § 40:1749.22 Preemption
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§1749.22. Preemption Except as provided in this Part, no parish, municipal, local, or state governing authority may enact any ordinance or promulgate any rules or regulations which are in conflict with the provisions of this Part. Acts 1988, No. 923, §1; Acts 2019, No. 344, §1.
La. Rev. Stat. § 40:1749.23 Enforcement and adjudication; administration; levy of civil penalties
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§1749.23. Enforcement and adjudication; administration; levy of civil penalties A. Except as provided in R.S. 40:1749.27, the provisions of this Part may be enforced by the Department of Public Safety and Corrections or by any local law enforcement agency. The Department of Publi…
La. Rev. Stat. § 40:1749.24 Collection and distribution of fines or civil penalties; Underground Damages Prevention Fund
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§1749.24. Collection and distribution of fines or civil penalties; Underground Damages Prevention Fund A. All civil penalties collected under the provisions of R.S. 40:1749.20(A) and (B) shall be paid to the state treasury for credit to the Underground Damages Prevention Fund cre…
La. Rev. Stat. § 40:1749.25 Department of Transportation and Development; compliance
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§1749.25. Department of Transportation and Development; compliance Department of Transportation and Development right-of-way permit procedures, as promulgated in accordance with the Administrative Procedure Act and set forth in Title 70 of the Louisiana Administrative Code, const…
La. Rev. Stat. § 40:1749.26 Public work projects
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§1749.26. Public work projects In addition to any other applicable provision of this Part, R.S. 38:2223 shall apply to any public work project. Acts 2001, No. 1005, §2, eff. June 27, 2001.
La. Rev. Stat. § 40:1749.27 Enforcement for the prevention of damage to pipelines; authority of the
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§1749.27. Enforcement for the prevention of damage to pipelines; authority of the commissioner; administration; violations; penalties; disposition of monies A.(1) Notwithstanding the provisions of R.S. 40:1749.23, the commissioner shall have exclusive authority to enforce the pro…
La. Rev. Stat. § 40:1751 Definitions
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§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 fram…
La. Rev. Stat. § 40:1752 Manufacture, transfer, or possession of machine guns unlawful; exceptions
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§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…
La. Rev. Stat. § 40:1753 Repealed by Acts 2023, No
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§1753. Repealed by Acts 2023, No. 120, §2.
La. Rev. Stat. § 40:1754 Repealed by Acts 2023, No
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§1754. Repealed by Acts 2023, No. 120, §2.
La. Rev. Stat. § 40:1755 Penalty
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§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) whic…
La. Rev. Stat. § 40:1781 Definitions
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§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, pawnb…
La. Rev. Stat. § 40:1782 Exemptions from Part
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§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 milit…
La. Rev. Stat. § 40:1783 Repealed by Acts 2013, No
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§1783. Repealed by Acts 2013, No. 398, §2.
La. Rev. Stat. § 40:1784 Repealed by Acts 2013, No
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§1784. Repealed by Acts 2013, No. 398, §2.
La. Rev. Stat. § 40:1785 Possession or dealing in unregistered or illegally transferred weapons
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§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 ap…
La. Rev. Stat. § 40:1786 Repealed by Acts 2013, No
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§1786. Repealed by Acts 2013, No. 398, §2.
La. Rev. Stat. § 40:1787 Repealed by Acts 2013, No
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§1787. Repealed by Acts 2013, No. 398, §2.
La. Rev. Stat. § 40:1788 Identification with number or other mark; obliteration or alteration of number or
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§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 pla…
La. Rev. Stat. § 40:1789 Records of importers, manufacturers, or dealers
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§1789. Records of importers, manufacturers, or dealers Importers, manufacturers, and dealers shall keep such books and records and render such returns in relation to the transactions in firearms specified in this Part as the department requires.
La. Rev. Stat. § 40:1790 Rules and regulations; importation of firearms
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§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 p…
La. Rev. Stat. § 40:1791 Penalty
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§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 subsequen…
La. Rev. Stat. § 40:1792 Possession of unidentifiable firearm; particular penalties; identification of source of firearm
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§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 numbe…
La. Rev. Stat. § 40:1796 Preemption of state law
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§1796. Preemption of state law A. No governing authority of a political subdivision shall enact or enforce any ordinance, order, regulation, policy, procedure, rule, or any other form of executive or legislative action more restrictive than state law concerning in any way the man…
La. Rev. Stat. § 40:1797 Law enforcement officers; possession of a firearm in courtroom; prohibition
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§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, juve…
La. Rev. Stat. § 40:1798 Firearms; disposal by law enforcement agencies
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§1798. Firearms; disposal by law enforcement agencies A. Notwithstanding any provision of the law to the contrary, the Louisiana Department of Public Safety and Corrections, office of the state police, the Louisiana Department of Wildlife and Fisheries, and each law enforcement a…
La. Rev. Stat. § 40:1799 Preemption of state law; liability of manufacturer, trade association, or dealer of
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§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 recove…
La. Rev. Stat. § 40:18 Communicable disease; isolation and report to state health officer; quarantine
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§18. Communicable disease; isolation and report to state health officer; quarantine A. If any case where a communicable disease is reported to or comes to the knowledge of any local health officer, the local health officer shall immediately isolate it and communicate the fact as …
La. Rev. Stat. § 40:1800 Firearms; hold agreements; limitation of liability
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§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.…
La. Rev. Stat. § 40:1801 Repealed by Acts 2011, No
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§1801. Repealed by Acts 2011, No. 130, §1.
La. Rev. Stat. § 40:1802 Repealed by Acts 2011, No
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§1802. Repealed by Acts 2011, No. 130, §1.
La. Rev. Stat. § 40:1803 Repealed by Acts 2011, No
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§1803. Repealed by Acts 2011, No. 130, §1.
La. Rev. Stat. § 40:1804 Repealed by Acts 2011, No
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§1804. Repealed by Acts 2011, No. 130, §1.
La. Rev. Stat. § 40:1810 Definitions
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§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 …
La. Rev. Stat. § 40:1811 Prohibitions
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§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…
La. Rev. Stat. § 40:1812 Exemptions
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§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 l…
La. Rev. Stat. § 40:1841 Creation of commission; domicile; membership; terms; officers of commission
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§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, …
La. Rev. Stat. § 40:1842 Definitions
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§1842. Definitions As used in this Part: (1) "Liquefied petroleum gases" are those gases derived from petroleum or natural gas, and are herein defined as those in the gaseous state at normal atmospheric temperature and pressure, and those maintained in the liquid state at normal …
La. Rev. Stat. § 40:1843 Compensation of members
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§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 …
La. Rev. Stat. § 40:1844 Meetings
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§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 …
La. Rev. Stat. § 40:1845 Director; other personnel; salaries
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§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 compensatio…