Governmental and Legislative Affairs

Kean Miller LLP represents the interests of numerous industry associations and clients before the Louisiana Legislature. We understand that the ever-increasing number of state and federal laws and regulations which affect business and industry clients creates a strategic need for thorough, sophisticated legal representation. While our legislative practice is located a few blocks from the Louisiana capital, we represent clients around the state, the nation, and the world.

Our legislative, regulatory and environmental team routinely testifies and lobbies against proposed legislation expanding the environmental and tort liability of industrial facilities.

Representative Experience:

  • Representation of the Louisiana Chemical Association (LCA) as general counsel. The LCA represents Louisiana’s chemical industry at the Capitol and in connection with the activities of regulatory agencies.

  • Representation of an association of forest products companies as general and legislative counsel.

  • Representation of a global energy company in various legislative issues at the Capital.

  • Representation of community banks regarding legislation affecting the financial services industry.

  • Representation of the Louisiana Oil and Gas Association (LOGA) in connection tax, liability, and environmental issues including a challenge to the valuation of subsurface oil and gas well properties for ad valorem tax purposes.

  • Representation of the Louisiana Motor Transport Association (LMTA) in connection with tax and liability issues, legislative drafting, committee testimony and floor lobbying. We recently assisted the association with a major case involving the imposition of a public utilities tax in the trucking industry, including a settlement resulting in millions of dollars being refunded to the members of the industry and in connection with federal preemption challenges to taxes levied on members.

  • Representation of the Louisiana Municipal Association (LMA) as general counsel since its inception.

  • Researched, lobbied and passed new legislation solving an income tax issue for the shareholders of banks that elect to be taxed as S corporations under federal law. Former Louisiana Governor Mike Foster signed the proposed bill into law on June 25, 2002. Legislation was pursued after negotiations with the Louisiana Department of Revenue. Senate Bill 38 received no opposition in either committee and unanimous votes of both the House and Senate floors.

  • Representation of the Louisiana Motor Transport Association (LMTA) in connection with tax issues, legislative drafting, committee testimony and floor lobbying. Chris Dicharry previously assisted the association with a major case involving a federal preemption challenge to the imposition of a public utilities tax on the trucking industry, resulting in millions of dollars being refunded to the members of the industry.
Representative Legislation:
  • Lobbied and passed legislation re-enacting provisions of law concerning motion picture investor tax credits and removed the sunset provisions in the law effectively making the tax credits permanent. Convinced the Governor’s office to include this item in the 2004 Special Session Call. The legislation received unanimous support in committees and unanimous votes in both the House and Senate.

  • Representation of steel manufacturing facility in pursuing legislation which continued the company’s sales/use tax exemption for purchases of utilities. The legislation unanimously passed both the House and Senate during the 2004 Special Session in which the Governor was pursuing permanency for the taxes on business utilities.

  • La. Acts 2002, No. 132 – participated in successful efforts to amend industrial facilities out of fire protection sprinkler system legislation.

  • La. Acts 2002, No. 134 – participated in negotiations concerning fees to be charged by the Louisiana Department of Environmental Quality.

  • La. Acts 2002, No. 159 – routinely monitor and lobby concerning legislation dealing with the annexation authority of political subdivisions.

  • La. Acts 2002, No. 4, eff. June 30, 2002 - (relative to La. R.S. 47:305(D)(1)(h)) - making the sales/use tax exemption for purchases of boiler fuel permanent but subject to the suspension of exemptions.

  • La. Acts 2002, No. 30, (amending La. R.S. 47:293(7) and enacting La. R.S. 47:293(6)(a)(vii), 297.3, 300.6(B)(2)(d) and 300.7(C)(2)(c)) - providing for a state income exclusion for K-1 income reported to the shareholders of banks organized as Subchapter S corporations.

  • La. Acts 2001, No. 446 – participated in the successful efforts to limit the impact of ground water legislation on industrial facilities.

  • 2001 House Bill 113 – testified against and defeated legislation that would have adversely impacted the rights of property owners.

  • La. Acts 2001 (1st Ex. Sess.), No. 6 (amending La. R.S. 47:1621) - Expanding the Department of Revenue’s authority to issue refunds of tax overpayments.

  • La. Acts 2001, No. 201, eff. 5/31/01 - (amending La. R.S. 47:1541 and 1562(B))- Authorizing the Department of Revenue and taxpayers to enter into agreements for the use of sampling procedures to project audit findings, in lieu of the Department conducting a full audit.

  • La. Acts 2001, No. 788, eff. 1/1/06 - (amending La. R.S. 47:114(D)(2) and 1601(A)) - Lowering the interest rate on delinquent taxes.

  • La. Acts 2001, No. 1140 - (enacting La. R.S. 33:2844.2) - Authorizing a taxpayer who is disputing a local sales/use tax assessment to apply to the courts for authorization to post a bond or other security rather than pay the entire assessed amount under protest.