HLS 12RS-1168 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 529
BY REPRESENTATIVE BARROW
ADMINISTRATIVE PROCEDURE: Requires an agency to send notice of certain rules to
each member of the legislature under certain circumstances
AN ACT1
To amend and reenact R.S. 49:968(B)(24), relative to administrative procedure; to require2
agencies to send certain notifications and reports to legislators regarding certain3
proposed rule or fee changes; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 49:968(B)(24) is hereby amended and reenacted to read as follows:6
ยง968. Review of agency rules; fees7
* * *8
B. Prior to the adoption, amendment, or repeal of any rule or the adoption,9
increasing, or decreasing of any fee, the agency shall submit a report relative to such10
proposed rule change or fee adoption, increase, or decrease to the appropriate11
standing committees of the legislature and the presiding officers of the respective12
houses as provided in this Section. The report shall be so submitted on the same day13
the notice of the intended action is submitted to the Louisiana Register for14
publication in accordance with R.S. 49:953(A)(1). The report shall be submitted to15
each standing committee at the committee's office in the state capitol by certified16
mail with return receipt requested or by messenger who shall provide a receipt for17
signature. The return receipt or the messenger's receipt shall be proof of receipt of18
the report by the committee.19
* * *20
(24)(a) In addition to the submission of a report relative to a proposed rule21
change or fee adoption, increase, or decrease by an agency to the appropriate22
standing committee as specified in Paragraphs (1) through (23) of this Subsection,23 HLS 12RS-1168 ENGROSSED
HB NO. 529
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are additions.
whenever the fiscal impact of the rule or fee adoption, increase, or decrease, as1
indicated by the statement of fiscal impact required by R.S. 49:968 Paragraph (C)(5)2
of this Section, exceeds one million dollars, the report on the proposed rule change3
or fee adoption, increase, or decrease shall also be submitted to the Senate4
Committee on Finance and the House Committee on Appropriations and shall be5
subject to review by those committees in the same manner and to the same extent as6
the review of the standing committees provided for in Paragraphs (1) through (23)7
of this Subsection.8
(b) Whenever the fiscal impact or economic impact of the proposed rule9
change or fee adoption, increase, or decrease is five hundred thousand dollars or10
more as indicated by the statement of fiscal impact or the statement of economic11
impact required by Subsection C of this Section, the agency shall transmit the report12
provided for in Subsection C of this Section to each member of the legislature via13
electronic mail on the same day the notice of the intended action is submitted to the14
Louisiana Register for publication in accordance with R.S. 49:953.15
* * *16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Barrow HB No. 529
Abstract: Requires an agency to transmit the report on the proposed rule change or fee
adoption, increase, or decrease to each member of the legislature via electronic mail
whenever the fiscal impact or economic impact of the proposed rule or fee change
is $500,000 or more.
Present law (Administrative Procedure Act) requires an agency, prior to the adoption,
amendment, or repeal of any rule or the adoption, increasing, or decreasing of any fee, to HLS 12RS-1168 ENGROSSED
HB NO. 529
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
submit a report relative to such proposed rule change or fee adoption, increase, or decrease
to the appropriate standing committees and the presiding officers of the legislature. Present
law (R.S. 49:968(C)) specifies the content of the report and provides that it include a
statement of fiscal impact and a statement of economic impact approved by the Legislative
Fiscal Office. Requires the report to be submitted on the same day the notice of the agency's
intended action is submitted to the La. Register for publication. Further requires the report
to be submitted to the Senate Committee on Finance and the House Committee on
Appropriations whenever the fiscal impact of the rule or fee adoption, increase, or decrease,
as indicated by the statement of fiscal impact, exceeds $1 million and specifies that the
proposed rule or fee change shall be subject to review by those committees in the same
manner and to the same extent as the review of the standing committees.
Proposed law further requires an agency to transmit the report to each member of the
legislature via electronic mail on the same day the notice of the intended action is submitted
to the La. Register for publication whenever the fiscal impact or economic impact of the
proposed rule change or fee adoption, increase, or decrease is $500,000 or more as indicated
by the statement of fiscal impact or the statement of economic impact.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 49:968(B)(24))