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Regular Session, 2010 ENROLLED
SENATE BILL NO. 248
BY SENATOR MCPHERSON
AN ACT1
To amend and reenact R.S. 47:820.5.2(F)(5) and 820.5.4(F)(5) and R.S. 49:951(7) and to2
enact R.S. 49:951(1.1) and 967.1, relative to the Administrative Procedure Act; to3
provide for the applicability of, and exemptions from the Act; to repeal certain of4
such exemptions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 49:951(7) is hereby amended and reenacted and R.S. 49:951(1.1)7
and 967.1 are hereby enacted to read as follows: 8
§951. Definitions9
As used in this Chapter:10
* * *11
(1.1) "Adopt", "adopted", or "adoption", when pertaining to a fee in12
this Chapter, shall include action proposed by an agency to adopt, apply, assess,13
charge, implement, levy, or otherwise collect a fee pursuant to authorization by14
law that the agency may adopt, apply, assess, charge, implement, levy or15
otherwise collect such fee. 16
* * *17
(7) "Rulemaking" means the process employed by an agency for the18
formulation of a rule. Except where the context clearly provides otherwise, the19
procedures for adoption of rules and of emergency rules as provided in R.S. 49:95320
shall also apply to adoption, increase, or decrease of fees. The fact that a statement21
of policy or an interpretation of a statute is made in the decision of a case or in an22
agency decision upon or disposition of a particular matter as applied to a specific set23
of facts involved does not render the same a rule within this definition or constitute24
specific adoption thereof by the agency so as to be required to be issued and filed as25
provided in this Subsection.26
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ACT No. 775 SB NO. 248 ENROLLED
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§967.1. Application of Chapter to rules and fees1
A.(1) The legislature recognizes that it is essential to the operation of a2
democratic government that prior to the adoption, amendment, or repeal of any3
rule or the adoption, increasing, or decreasing of any fee, that the provisions of4
this Chapter be followed, except as otherwise specifically excepted, exempted,5
or limited by law.6
(2) The legislature further recognizes that it is essential to the operation7
of a democratic government that the people be made aware of all exceptions,8
exemptions, and limitations to this Chapter. In order to foster the people's9
awareness, the legislature declares that all exceptions, exemptions, and10
limitations to this Chapter pertaining to the adoption, amendment, or repeal of11
any rule or the adoption, increasing, or decreasing of any fee be cited or12
provided for in this Chapter or the Constitution of Louisiana.13
B. The legislature further recognizes that there exist specific exceptions,14
exemptions, and limitations to the laws pertaining to the adoption, amendment,15
or repeal of any rule or the adoption, increasing, or decreasing of any fee16
throughout the revised statutes and codes of this state. Such exceptions,17
exemptions, and limitations are hereby continued in effect by incorporation into18
this Chapter by citation:19
(1) R.S. 6:121.1(A), 121.3(A), 969.34, and 1092(F).20
(2) R.S. 9:3552(C), 3556.2(A), and 3561(D)(2).21
(3) R.S. 13:4202(B)(2).22
(4) R.S. 18:1511.2(B).23
(5) R.S. 22:1260.10(B).24
(6) R.S. 27:220(C).25
(7) R.S. 29:788(C).26
(8) R.S. 30:4(I)(5), 918(B), and 925(A)(2) and (D).27
(9) R.S. 37:1806.1(B) and 3012(B)(1).28
(10) R.S. 40:5.3(B), 406(B)(1), and 600.6(A)(4)(b).29
(11) R.S. 49:258(1).30 SB NO. 248 ENROLLED
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(12) R.S. 51:1285(A), 1929.1(A), 2389.1(A), and 3090.1
(13) R.S. 56:319(D), and 2014.2
C. The legislature further recognizes that there exist provisions of law3
which authorize an agency to adopt, increase, or decrease a fee without4
specifically providing that such action shall be taken in accordance with this5
Chapter. Any action taken pursuant to such authorization shall be in6
accordance with this Chapter, unless it is specifically otherwise excepted,7
exempted, or limited in the Constitution of Louisiana or in law.8
D. The provisions of this Chapter relative to fees shall not be applicable9
to a higher education management board created by Article VIII, Section 6, 7,10
or 7.1 of the Constitution of Louisiana.11
Section 2. R.S. 47:820.5.2(F)(5) and 820.5.4(F)(5) are hereby amended and reenacted12
to read as follows:13
§820.5.2. Crescent City Connection toll violations14
* * *15
F. The following procedures shall be taken for the collection of tolls,16
administrative fees, and late charges under this Section:17
* * *18
(5) The registered owner may, without waiving the right to a hearing19
as provided by this Section, and also without waiving judicial review, appeal20
a violation notice and receive a review and disposition of the violation from21
a division violation clerk by mail. The appeal by mail must contain a signed22
statement from the registered owner explaining the basis for the appeal. The23
signed statement may be accompanied by signed statements from witnesses,24
police officers, government officials, or other relevant parties or25
photographs, diagrams, maps, or other relevant documents that the registered26
owner determines to submit. Statements or materials sent to a violation clerk27
for review must have attached to them the name and address of the registered28
owner as well as the number of the violation notice and the date of the29
violation. All information submitted by the registered owner becomes part30 SB NO. 248 ENROLLED
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of the violation record. The violation clerk shall, within sixty days of receipt1
of such material, review the material and dismiss or uphold the violation and2
notify the registered owner of the disposition of the hearing in writing by3
mail. If the appeal by mail is denied, the violation clerk shall explain the4
reasons for the determination. The violation clerk shall have the authority to5
waive administrative fees, in whole or in part, for good cause shown. The6
review and disposition handled by mail shall be informal, the rules of7
evidence shall not apply, the Administrative Procedure Act shall not apply,8
and the decision of the violation clerk shall be final subject to the hearing9
provisions provided by this Section and to judicial review.10
* * *11
§820.5.4. LA 1 Project toll violations12
* * *13
F. The following procedures shall be taken for the collection of tolls,14
administrative fees, and late charges under this Section:15
* * *16
(5) The registered owner may, without waiving the right to a hearing17
as provided by this Section, and also without waiving judicial review, appeal18
a violation notice and receive a review and disposition of the violation from19
a LTA violation clerk by mail. This appeal by mail must contain a signed20
statement from the registered owner explaining the basis for the appeal. The21
signed statement must be accompanied by signed statements from witnesses,22
police officers, government officials, or other relevant parties or23
photographs, diagrams, maps, or other relevant documents that the registered24
owner determines to submit. Statements or materials sent to a violation clerk25
for review must have attached to them the name and address of the registered26
owner as well as the number of the violation notice and the date of the27
violation. All information submitted by the registered owner becomes part28
of the violation record. The violation clerk shall, within sixty days of receipt29
of such material, review the material and dismiss or uphold the violation and30 SB NO. 248 ENROLLED
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notify the registered owner of the disposition of the hearing in writing by1
mail. If the appeal by mail is denied, the violation clerk shall explain the2
reasons for the determination. The violation clerk shall have the authority to3
waive the administrative fees, in whole or in part, for good cause shown.4
The review and disposition handled by mail shall be informal, the rules of5
evidence shall not apply, the Administrative Procedure Act shall not apply,6
and the decision of the violation clerk shall be final, subject to the hearing7
provisions provided by this Section and to judicial review.8
* * *9
Section 3.A. Except for the fee repealed in the Act which originated as Senate Bill10
No. 407 of the 2010 Regular Session of the Legislature of Louisiana, the provisions of this11
Act shall have no effect on the collection of fees implemented prior to the effective date of12
this Act.13
B. The provisions of this Act shall apply to:14
(1) Each proposed implementation, adoption, increase, or decrease of a fee15
authorized by law but not implemented prior to the effective date of this Act.16
(2) Each proposed increase or decrease of a fee proposed after the effective17
date of this Act.18
Section 4. This Act shall become effective upon signature by the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If21
vetoed by the governor and subsequently approved by the legislature, this Act shall become22
effective on the day following such approval.23
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: