Title 45, Public Utilities and Carriers
0 chapters · 554 sections in this title.
La. Rev. Stat. § 45:790 Messages preventing apprehension of fugitives or assisting escape; penalty
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§790. Messages preventing apprehension of fugitives or assisting escape; penalty No operator or agent of any telegraph or telephone company shall transmit any message which can in any way tend to defeat the ends of justice, by preventing the apprehension of fugitives from justice…
La. Rev. Stat. § 45:791 Statement of purpose
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§791. Statement of purpose The legislature hereby finds and declares that it is in the public interest to shorten the time required for a citizen to request and receive emergency aid. There exist thousands of different emergency phone numbers throughout the state, and telephone e…
La. Rev. Stat. § 45:792 Definitions
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§792. Definitions When used in this Chapter, the following words and phrases shall have the meaning ascribed to them in this section, unless the context clearly indicates a different meaning: (1) "Public agency" means any agency or political subdivision of the state which provide…
La. Rev. Stat. § 45:793 Establishment of systems
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§793. Establishment of systems Every public agency or public safety agency within its respective jurisdiction shall establish and have in operation by January 1, 1978, a basic or sophisticated system, if technologically compatible with the existing local telephone network. The es…
La. Rev. Stat. § 45:794 Services of system
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§794. Services of system Every system shall include police, firefighting, and emergency medical and ambulance services, and may include other emergency services, in the discretion of the affected public agency, such as poison control services, suicide prevention services, and civ…
La. Rev. Stat. § 45:795 Primary emergency telephone number; 911
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§795. Primary emergency telephone number; 911 The digits 911 shall be the primary emergency telephone number within the system, but a public agency or public safety agency may maintain a separate secondary backup number, and shall maintain a separate number for non-emergency tele…
La. Rev. Stat. § 45:796 Design of systems
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§796. Design of systems All systems shall be designed to meet the requirements of each community and public agency served by the system. Every system, whether basic or sophisticated, shall be designed to have the capability of utilizing at least three of the four methods specifie…
La. Rev. Stat. § 45:797 Planning and coordinating systems; department of public safety
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§797. Planning and coordinating systems; department of public safety In order to insure that proper preparation and implementation of such systems as provided in R.S. 45:793 is accomplished by all public agencies on or before January 1, 1978, the department of public safety shall…
La. Rev. Stat. § 45:798 Standards established by department of public safety
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§798. Standards established by department of public safety On or before January 1, 1975, the department of public safety shall establish technical and operational standards for the development of basic and sophisticated systems. Added by Acts 1974, No. 94, §1.
La. Rev. Stat. § 45:799 Submission of plans
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§799. Submission of plans A. On or before January 1, 1976, all public agencies shall submit tentative plans for the establishment of a system required by this Chapter to the public utility or utilities providing public telephone service within the respective jurisdiction of each …
La. Rev. Stat. § 45:8 Carriage in violation of law
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§8. Carriage in violation of law No person shall engage in the business of carrying passengers for hire by airplane without having first complied with all the provisions of this Chapter. Whoever violates this section shall be fined not more than one thousand dollars or imprisoned…
La. Rev. Stat. § 45:800 Enforcement
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§800. Enforcement The department of public safety through the State of Louisiana may commence judicial proceedings to enforce compliance by any public agency or public safety with the provisions of this Chapter. The department of public safety through the State of Louisiana may c…
La. Rev. Stat. § 45:801 Cooperative agreements; mandatory
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§801. Cooperative agreements; mandatory In implementing systems pursuant to this Chapter, all public agencies in a single system shall annually enter into a joint powers agreement or any other form of written cooperative agreement which is applicable when need arises on a day to …
La. Rev. Stat. § 45:802 Report to legislature
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§802. Report to legislature At least thirty days prior to 1975, 1976 and 1977 regular sessions of the legislature, the department of public safety shall report to the appropriate standing committee or committees of each house of the legislature the progress in the implementation …
La. Rev. Stat. § 45:803 Repealed by Acts 1999, No
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§803. Repealed by Acts 1999, No. 1164, §6.
La. Rev. Stat. § 45:804 Appropriation of funds by legislature; implementation of systems
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§804. Appropriation of funds by legislature; implementation of systems During the 1977 regular session or any session prior thereto, the legislature, after reviewing all reports required by this Chapter, shall enact legislation and appropriate such funds as are necessary to enabl…
La. Rev. Stat. § 45:810 Definitions
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§810. Definitions A. The provisions of the Chapter shall be known as the "Consumer Telemarketing Protection Act of 1991". B. When used in this Chapter the following terms shall have the meaning ascribed to them in this Section, unless the context clearly indicates a different mea…
La. Rev. Stat. § 45:811 Prohibited practices
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§811. Prohibited practices It shall be unlawful for any person to use, to employ or direct another person to use, or to contract for the use of ADAD equipment or to use a live operator to make calls for the purpose of advertising or offering for sale, lease, rental, or as a gift …
La. Rev. Stat. § 45:812 Agreement of consent to receive calls
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§812. Agreement of consent to receive calls A person may give consent to a call made with ADAD equipment when a live operator introduces the call and states an intent to play a recorded message, or when the ADAD has a feature that allows the person to indicate consent. Any such c…
La. Rev. Stat. § 45:813 Registration with the commission; bond
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§813. Registration with the commission; bond A. Prior to the utilization of ADAD equipment to call telephone numbers located in this state, any company or individual utilizing this equipment shall register the following with the commission to receive a permit as provided in this …
La. Rev. Stat. § 45:814 Use of access lines prohibited
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§814. Use of access lines prohibited It shall be unlawful for any person making use of a telephone access line to use, to employ or direct another person to use, or to contract for the use of ADAD equipment or the United States mail for the purpose of soliciting any person to cal…
La. Rev. Stat. § 45:815 Regulation of access lines by the commission
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§815. Regulation of access lines by the commission No telephone company or cooperative shall provide access to a telephone access line to any person who solicits calls to such number through the use of ADAD equipment or through the use of the United States mail. A telephone compa…
La. Rev. Stat. § 45:816 Exceptions to use
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§816. Exceptions to use Nothing in this Chapter shall be construed to prohibit or restrict by registration or other means calls made: (1) At the request of the subscriber. (2) For the collection of a lawful debt. (3) For the payment for, service of, or warranty coverage for previ…
La. Rev. Stat. § 45:817 Violations; penalties; civil remedies
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§817. Violations; penalties; civil remedies A. Any person who violates the provisions of this Chapter shall be fined not more than five hundred dollars or imprisoned for not more than thirty days or both. B. The district attorney of the parish in which or from which automated cal…
La. Rev. Stat. § 45:821 Legislative findings and intent
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§821. Legislative findings and intent A. The legislature finds and declares that the widespread use of telephone solicitors to initiate sales of goods, real property, and investment opportunities has created numerous problems for purchasers and investors which are inimical to goo…
La. Rev. Stat. § 45:822 Definitions
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§822. Definitions A. As used in this Chapter, the following terms and phrases shall have the meanings hereinafter ascribed to them: (1) "Department" means the Department of Justice. (2) "Items" means any goods and services, and includes coupon books which are to be used with busi…
La. Rev. Stat. § 45:823 Registration procedures
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§823. Registration procedures A.(1) Not less than ten days prior to doing business in this state, a telephonic seller shall register with the department by filing with the consumer protection section of the department the information required by R.S. 45:824 and tendering a filing…
La. Rev. Stat. § 45:824 Filing; information required to be filed
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§824. Filing; information required to be filed A. Each filing pursuant to R.S. 45:823 shall contain the following information: (1) The name or names of the seller, including the name under which the seller is doing or intends to do business, if different from the name of the sell…
La. Rev. Stat. § 45:825 Reference to compliance with this Chapter
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§825. Reference to compliance with this Chapter A. In addition to complying with the requirements of R.S. 45:824, as applicable, each telephonic seller, shall, at the time the solicitation is made and prior to consummation of any sales transaction, provide all of the following in…
La. Rev. Stat. § 45:826 Soliciting prospective purchasers on behalf of unregistered telephonic seller prohibited; violations
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§826. Soliciting prospective purchasers on behalf of unregistered telephonic seller prohibited; violations No salesperson shall solicit prospective purchasers on behalf of a telephonic seller who is not currently registered with the department pursuant to this Chapter. Any salesp…
La. Rev. Stat. § 45:827 Penalties
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§827. Penalties Except as provided in R.S. 45:826, any person, including but not limited to the seller, a salesperson, agent, or representative of the seller, or an independent contractor, who willfully violates any provision of this Chapter or who directly or indirectly employs …
La. Rev. Stat. § 45:828 Remedies; nonexclusive
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§828. Remedies; nonexclusive A. The provisions of this Chapter are not exclusive. The remedies specified in this Chapter for violation of any Section of this Chapter or for conduct prescribed by any Section of this Chapter shall be in addition to any other procedures or remedies …
La. Rev. Stat. § 45:829 Bond requirement
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§829. Bond requirement A. Every telephonic seller shall maintain a bond issued by a surety company admitted to do business in this state. The bond shall be in the amount of fifty thousand dollars in favor of the state of Louisiana for the benefit of any person suffering injury or…
La. Rev. Stat. § 45:830 Monies collected; use
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§830. Monies collected; use All monies collected pursuant to this Chapter shall be used for the regulation and enforcement of the provisions of this Chapter. Acts 1993, No. 1003, §1.
La. Rev. Stat. § 45:831 Written contract required; cancellation
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§831. Written contract required; cancellation A. The purchase of items pursuant to a solicitation made by a telephonic seller or salesperson shall be final only upon receipt by the seller of a written contract which is signed by the purchaser and which meets the requirements of t…
La. Rev. Stat. § 45:832 Refund, credit, or replacement
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§832. Refund, credit, or replacement A. A purchaser of any item pursuant to a solicitation made by a telephonic seller or salesperson shall be given a refund, a credit, or replacement of any item purchased, at his option, under either of the following conditions: (1) An item is d…
La. Rev. Stat. § 45:833 Rights of purchasers
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§833. Rights of purchasers A. Any contract, agreement to purchase, or confirmation executed by a telephonic seller which purports to waive the rights of a purchaser under R.S. 45:831 or 832 shall be against public policy and unenforceable. However, an agreement between a purchase…
La. Rev. Stat. § 45:835 Repealed by Acts 2001, No
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§835. Repealed by Acts 2001, No. 1137, §1.
La. Rev. Stat. § 45:836 Repealed by Acts 2001, No
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§836. Repealed by Acts 2001, No. 1137, §1.
La. Rev. Stat. § 45:837 Repealed by Acts 2001, No
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§837. Repealed by Acts 2001, No. 1137, §1.
La. Rev. Stat. § 45:838 Repealed by Acts 2001, No
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§838. Repealed by Acts 2001, No. 1137, §1.
La. Rev. Stat. § 45:840 Statement of purpose
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§840. Statement of purpose A. The legislature hereby finds and declares that it is in the public interest to shorten the time required to notify and provide information to the citizens of this state in the event of an imminent or actual emergency which affects or threatens to aff…
La. Rev. Stat. § 45:841 Definitions
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§841. Definitions The following terms as used in this Chapter shall have the following meanings: (1) "Emergency" means an actual or imminent threat to public health or safety which may result in loss of life, injury, or property damage. (2) "Emergency alert provider" means a thir…
La. Rev. Stat. § 45:842 Provision of emergency alert services
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§842. Provision of emergency alert services A. A parish office of homeland security and emergency preparedness may provide emergency alert services within such parish or may designate an emergency alert provider to provide such services. An emergency alert provider may be a priva…
La. Rev. Stat. § 45:843 Records required
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§843. Records required A.(1) Each telephone company doing business within this state shall, upon request, and subject to the rates, terms, and conditions approved by the Louisiana Public Service Commission, provide a record of all listed and unlisted telephone numbers within a pa…
La. Rev. Stat. § 45:844 Confidentiality
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§844. Confidentiality A. Any listed or unlisted number provided by a telephone company pursuant to this Chapter shall be used only by a parish office of homeland security and emergency preparedness or its emergency alert provider, acting at the request of such an office, for the …
La. Rev. Stat. § 45:844.1 Definitions
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§844.1. Definitions As used in this Chapter, the following terms and phrases shall have the meanings hereinafter ascribed to them: (1) "Commission" means the Louisiana Public Service Commission. (2) "Telephone solicitation" means a call made by a telephone solicitor to a consumer…
La. Rev. Stat. § 45:844.10 Immunity for providers of commercial mobile services
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§844.10. Immunity for providers of commercial mobile services No person shall have a cause of action against any provider of commercial mobile services, its officers, employees, agents, or other specified persons for providing device location information while acting in good fait…
La. Rev. Stat. § 45:844.11 Legislative findings
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§844.11. Legislative findings Because the legislature recognizes that becoming a residential telephonic subscriber should not undermine or lessen a person's right of privacy, it finds that there is a compelling state interest to protect the privacy of such subscribers who wish to…
La. Rev. Stat. § 45:844.12 Definitions
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§844.12. Definitions As used in this Chapter, the following terms and phrases shall have the meanings hereinafter ascribed to them: (1) "Commission" means the Louisiana Public Service Commission. (2) "Doing business in this state" means conducting a telephonic solicitation either…