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Regular Session, 2010
SENATE BILL NO. 248
BY SENATOR MCPHERSON
ADMINISTRATIVE PROCEDURE. Provides for the applicability of, and exemptions
from, the Administrative Procedure Act. (8/15/10)
AN ACT1
To amend and reenact R.S. 49:967, relative to the Administrative Procedure Act; to provide2
for the applicability of, and exemptions from, the Act; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 49:967 is hereby amended and reenacted to read as follows: 6
ยง967. Exemptions from provisions of Chapter7
A.(1) The legislature recognizes that it is essential to the operation of a8
democratic government that prior to the adoption, amendment, or repeal of any9
rule or the adoption, increasing, or decreasing of any fee, that the provisions of10
this Chapter be followed.11
(2) The legislature further recognizes that it is essential to the operation12
of a democratic government that the people be made aware of all exceptions,13
exemptions, and limitations to this Chapter. In order to foster the people's14
awareness, the legislature declares that all exceptions, exemptions, and15
limitations to this Chapter pertaining to the adoption, amendment, or repeal of16
any rule or the adoption, increasing, or decreasing of any fee shall be provided17 SB NO. 248
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for in this Chapter or the Constitution of Louisiana. Any exception, exemption,1
or limitation to the laws pertaining to the adoption, amendment, or repeal of2
any rule or the adoption, increasing, or decreasing of any fee not provided for3
in this Chapter or in the Constitution of Louisiana shall have no effect.4
B. The legislature further recognizes that there exist exceptions,5
exemptions, and limitations to the laws pertaining to the adoption, amendment,6
or repeal of any rule or the adoption, increasing, or decreasing of any fee7
throughout the revised statutes and codes of this state. Therefore, the following8
exceptions, exemptions, and limitations are hereby continued in effect by9
incorporation into this Chapter by citation:10
(1) Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950 shall not11
be applicable to the Board of Tax Appeals, the Department of Revenue, with the12
exception of the Louisiana Tax Commission that shall continue to be governed by13
this Chapter in its entirety, unless otherwise specifically provided by law, and the14
administrator of the Louisiana Employment Security Law; however, the provisions15
of R.S. 49:951(2), (4), (5), (6), and (7), 952, 953, 954, 954.1, 968, 969, and 970 shall16
be applicable to such board, department, and administrator.17
B.(1)(2)(a) The provisions of R.S. 49:968(F) and 970 shall not be applicable18
to any rule promulgated by the State Civil Service Commission or the Public Service19
Commission.20
(2)(b) The provisions of this Chapter shall not be applicable to entities21
created as provided in Part V of Chapter 6 of Title 34 of the Louisiana Revised22
Statutes of 1950.23
C.(3) The provisions of R.S. 49:963, 964, and 965 shall not be applicable to24
any rule, regulation, or order of any agency subject to a right of review under the25
provisions of R.S. 30:12.26
D.(1)(4)(a) The provisions of R.S. 49:968 shall not apply to any rule or27
regulation promulgated by the Department of Wildlife and Fisheries or the Wildlife28
and Fisheries Commission relative to hunting seasons, trapping seasons, alligator29 SB NO. 248
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seasons, shrimp seasons, oyster seasons, finfish seasons and size limits, and all rules1
and regulations pursuant thereto. The Department of Wildlife and Fisheries and the2
Wildlife and Fisheries Commission may employ the provisions of R.S. 49:953(B)3
in promulgating rules and regulations relative to hunting seasons, trapping seasons,4
alligator seasons, shrimp seasons, oyster seasons, and finfish seasons and size limits,5
and all rules and regulations pursuant thereto.6
(2)(b)Those rules adopted annually pursuant to this Subsection by the7
Department of Wildlife and Fisheries which open and close the offshore and fall8
shrimp seasons, the oyster season, the marine finfish seasons, the webless migratory9
game bird hunting season, and the trapping season shall be effective for a period of10
time equal to the length of the respective season.11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Present law, relative to the Administrative Procedure Act, provides the following exceptions:
(1)The Board of Tax Appeals, the Department of Revenue, with the exception of the La.
Tax Commission that shall continue to be governed by the Act, unless otherwise
specifically provided by law, and the administrator of the La. Employment Security
Law; however, R.S. 49:951(2), (4), (5), (6), and (7), 952, 953, 954, 954.1, 968, 969,
and 970 shall be applicable to such board, department, and administrator.
(2)(a) R.S. 49:968(F) and 970 shall not be applicable to any rule promulgated by the
State Civil Service Commission or the Public Service Commission.
(b) Entities created as provided in Part V of Chapter 6 of Title 34 of the LRS
(pilotage fee commission).
(3) R.S. 49:963, 964, and 965 shall not be applicable to any rule, regulation, or order of
any agency subject to a right of review under R.S. 30:12 (office of conservation).
(4)R.S. 49:968 shall not apply to any rule or regulation promulgated by the Department
of Wildlife and Fisheries or the Wildlife and Fisheries Commission relative to
hunting seasons, trapping seasons, alligator seasons, shrimp seasons, oyster seasons,
finfish seasons and size limits, and all rules and regulations pursuant thereto. The
department and the commission may employ the provisions of R.S. 49:953(B) in
promulgating rules and regulations relative to hunting seasons, trapping seasons,
alligator seasons, shrimp seasons, oyster seasons, and finfish seasons and size limits,
and all rules and regulations pursuant thereto. Such rules adopted annually by the
department which open and close the offshore and fall shrimp seasons, the oyster
seasons, the marine finfish seasons, the webless migratory game bird hunting season,
and the trapping season shall be effective for a period of time equal to the length of
the respective season. SB NO. 248
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Proposed law retains present law and requires that all exceptions, exemptions, and
limitations to Administrative Procedure Act pertaining to the adoption, amendment, or repeal
of any rule or the adoption, increasing, or decreasing of any fee be provided for in the
provisions of the Act or the constitution. Further provides that any exception, exemption, and
limitation to the Administrative Procedure Act pertaining to the adoption, amendment, or
repeal of any rule or the adoption, increasing, or decreasing of any fee not provided for
within the provisions of the Administrative Procedure Act or in the constitution shall have
no effect.
Effective August 15, 2010.
(Amends R.S. 49:967)