The Louisiana Legislature passes new legislation every summer. Each year, legislative staffers write a summary of each new bill, including those later enacted as legislation, and post it on the Louisiana Legislature’s website.
Since 2006, Stone Pigman has been collecting these summaries of the laws, lightly editing them, and then putting them together in a logical order, primarily to alert our attorneys to the passage of new laws relevant to their practice.
This year we also prepared a short list with very brief descriptions of the 10 Louisiana laws passed in 2022 that we expect will have the greatest impact on our legal practice. We believe these new laws will likely interest many of our customers and friends as well, so we’re presenting the following list as a courtesy.
(Click here to view the full summaries for each year in downloadable PDF format.)
- The Identity Rights Act (Act 425)
This new law provides that each person has a property right related to the use of the person’s identity for commercial purposes. These new identity rights are licensable, inheritable, and transferable to the person’s executors, heirs, or legatees, but expire 50 years after death or after three years of non-use after death. Remedies for identity rights violations include reimbursement of attorneys’ fees but are very limited to the media.
- The LLC Death Act for Individual Members (Act 156)
This new law provides that on the death of the member of a single-member limited liability company, the shares of the deceased member are fully inheritable and the successor representative can exercise all the rights of the testator, including financial and managerial rights. The new law also provides that if all members of an LLC die, the successor agent of a deceased member may petition the court to dissolve, wind up and liquidate the LLC.
- The Louisiana Electric Utility Energy Transition Securitization Act (Act 255)
This new law allows electric utilities, if approved by the Public Service Commission (PSC), to use securitization financing for certain energy transition costs. According to the new law, an electricity supplier can apply to the PSC for a financing order to create energy transition real estate and issue energy transition bonds. The new law also provides for the sale or other transfer of Energiewende property and sets out how security interests over such property will be created, perfected and classified.
- The Horse Racing Betting Act (Act 530)
This new law contains detailed provisions on off-track betting facilities in sports betting lounges, their operating schedules, associated arrangements and taxation. Among other things, the new law authorizes the Louisiana State Racing Commission to enact rules for pari-mutuel betting in a sports betting lounge of a casino licensed by the Louisiana Gaming Control Board to operate sports betting. The new law provides that a licensed racing association can be licensed as an off-track betting establishment to operate such pari-mutuel betting provided the casino is located in one of the 20 municipalities that have approved pari-mutuel betting. The new law also requires the state racing commission to establish minimum standards and investment required by each federation for the maintenance and improvement of racetrack facilities.
- The Law of Consumable Hemp Products (Acts 498)
This new law no longer prohibits consumable hemp products from containing artificial cannabinoids. However, the new law prohibits retailers from adding consumable hemp products to food or beverages sold to customers at retail. The new law requires all adult consumable hemp products to be labeled as such and prohibits licensed retailers from selling such products to anyone under the age of 21. The new law requires the Louisiana Department of Health and Human Services to develop a process for registering an edible hemp product, known in Louisiana as “La. hemp product”. The new law also requires more detailed information in consumable hemp product registration applications and Certificates of Analysis.
- The Medical Marijuana Law (Acts 491)
This new law overhauls Louisiana’s regulatory system for medical marijuana, changes the primary regulatory agency from the Louisiana Department of Agriculture and Forestry to the Louisiana Department of Health, regulates manufacturing contractors and testing labs, and replaces the 10-license limit on marijuana dispensary licenses with an award process that recognizes ownership by minorities, women and veterans.
- The Insurance Hearing Act (Act 185)
This new law removes many provisions in the Insurance Code that required notice and an opportunity to be heard prior to taking a specific regulatory action (e.g. revoking a registration or issuing a cease and desist order). Instead, the new law only allows an injured party to request a hearing after the official action.
- The Oil and Gas Exploration and Production Act (Act 5)
This new law requires drill owners, non-participating owners, lease-fee owners, and royalty-owners to provide various information. The new law also regulates elections to participate; the calculation of reimbursable costs, risk fees and royalties; and the remedies for failure to provide required information or make required payments.
- The Judicial Rescission Act (Act 38)
In civil cases, a new law allows an appellate judge, or a county or city court, to deny a motion for a denial if it fails to present a reason for denial. The new law also provides that when a district, municipal or city court judge is presented with a motion for a denial, he must either deny it or request an ad hoc judge to hear the motion within seven days. A new comment says that the fact that either party has lodged a judicial complaint against a judge does not in itself constitute grounds for disqualification.
- The Emergency and Disaster Ordinance and Exceptions Act (Act 469)
This new law provides that if the governor declares a state of emergency or disaster and issues an order that suspends or extends the exempting statutes of limitation and pre-emption periods (i.e., periods within which a lawsuit may be filed), the order will have the effect of a stay only has those discharging periods of limitation or pre-emption periods that would otherwise have occurred during the period specified in the order or the effective period of the order. The new law also provides (among other things) that after the expiration of the suspension period, the exempting statute of limitations or pre-emption begins to run again on the 30th day after the end of the suspension or according to the time calculated under applicable law, whichever period is earlier .
Just for Fun: The Catfish Noodles Act (Act 214)
This new law in Louisiana legalizes catfish “padding” for the first time. Yes, you can now go out and noodle catfish as often as you like, even in public, without fear of prosecution. For those of you unfamiliar with this practice, catfish noodles means catching catfish by hand.
Michael Landry is a member of Stone Pigman and co-chairs the firm’s Securities Law Practice Group.