RÉSUMÉ DIGEST
ACT 323 (HB 763) 2020 Regular Session McFarland
Existing law (R.S. 29:721 et seq.) provides for the La. Homeland Security and Emergency
Assistance and Disaster Act which confers certain emergency powers upon the governor and
the parish presidents in order to address homeland security and emergency preparedness for
the state and to respond to natural and man-made catastrophes.
Existing law provides that the governor is responsible for meeting the dangers to the state
and people presented by emergencies or disasters, and authorizes the governor to issue
executive orders, proclamations, and regulations which have the force and effect of law.
Existing law (R.S. 29:732) provides, in part, that during a state of emergency as declared by
the governor or as declared by the parish president, the prices charged or value received for
goods and services sold within the designated emergency area may not exceed the prices
ordinarily charged for comparable goods and services in the same market area at or
immediately before the time of the state of emergency, unless the price by the seller is
attributable to fluctuations in applicable commodity markets, fluctuations in applicable
regional or national market trends, or to reasonable expenses and charges and attendant
business risks incurred in procuring or selling the goods or services during the state of
emergency.
Existing law provides that the prohibition from price gouging pursuant to existing law is
effective for an initial period not to exceed 30 days pursuant to the initial declared state of
emergency as referenced in existing law (R.S. 29:724) and shall be renewed only by specific
reference in any subsequent proclamations.
New law retains existing law and further authorizes a gubernatorial declaration of an
abnormal economic disruption in order to prohibit excessive price increases for certain goods
and services during an abnormal economic disruption.
New law defines "abnormal economic disruption" and "costs".
New law provides that the gubernatorial declaration may specify certain goods or services
which are covered by the prohibition.
New law provides that a price increase is not grossly excessive if the increase was
attributable to any of the following:
(1)Price fluctuations in applicable regional, national, or international commodity
markets.
(2)Pricing set forth in any preexisting agreement, including stored and in-transit
inventory.
(3)Additional costs imposed on the person by the supplier of the goods or services.
(4)Additional costs for labor, services, or materials used to provide the goods or
services, including costs of replacement inventory, additional costs to transport goods
or services, and additional labor charges.
New law provides that the provisions of existing law (R.S. 29:732) regarding price gouging
shall supercede any conflicting provisions of new law upon the implementation of existing
law by the declaration of a state of emergency.
Effective Aug. 1, 2020.
(Adds R.S. 29:723(18) and (19) and 724(H))