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Regular Session, 2012
SENATE BILL NO. 422
BY SENATOR CLAITOR
ADMINISTRATIVE PROCEDURE. Provides relative to legislative review of emergency
rules or fees. (gov sig)
AN ACT1
To amend and reenact R.S. 49:953(B)(1) and (4)(a), relative to the Administrative Procedure2
Act; to provide for legislative review of emergency rules or fees; and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 49:953(B)(1) and (4)(a) are hereby amended and reenacted to read6
as follows:7
ยง953. Procedure for adoption of rules8
* * *9
B.(1)(a) If an agency finds that an imminent peril to the public health, safety,10
or welfare requires adoption of a rule upon shorter notice than that provided in11
Subsection A of this Section and within five days of adoption states in writing to the12
governor of the state of Louisiana, the attorney general of Louisiana, the speaker of13
the House of Representatives, the president of the Senate, and the Department of the14
State Register, its reasons for that finding, it may proceed without prior notice or15
hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt16
an emergency rule. The provisions of this Paragraph also shall apply to the extent17 SB NO. 422
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necessary to avoid sanctions or penalties from the United States, or to avoid a budget1
deficit in the case of medical assistance programs or to secure new or enhanced2
federal funding in medical assistance programs. The agency statement of its reason3
for finding it necessary to adopt an emergency rule shall include specific reasons4
why the failure to adopt the rule on an emergency basis would result in imminent5
peril to the public health, safety, or welfare, or specific reasons why the emergency6
rule meets other criteria provided in this Paragraph for adoption of an emergency7
rule.8
(b) The agency statement required in Subparagraph (a) of this9
Paragraph shall be submitted to the speaker of the House of Representatives10
and the president of the Senate at their respective office in the state capitol by11
certified mail with return receipt requested or by messenger who shall provide12
a receipt for signature. The return receipt or the messenger's receipt shall be13
proof of receipt of the statement.14
* * *15
(4)(a) Within sixty days after receipt of the agency statement required in16
Paragraph (1) of this Subsection by the presiding officer of either house adoption17
of for an emergency rule or fee, an oversight subcommittee of either that house may18
conduct a hearing to review the emergency rule or fee and make a determination of19
whether such rule or fee meets the criteria for an emergency rule or fee as provided20
in Paragraph (1) of this Subsection and those determinations as provided in R.S.21
49:968(D)(3). If within such time period an oversight subcommittee finds an22
emergency rule or fee unacceptable, it shall prepare a written report containing a23
copy of the proposed rule or proposed fee action and a summary of the24
determinations made by the committee and transmit copies thereof as provided in25
R.S. 49:968(F)(2).26
* * *27
Section 2. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29 SB NO. 422
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Claitor (SB 422)
Present law, relative to the adoption of emergency rules or fees under the Administrative
Procedure Act, provides that if an agency finds that an imminent peril to the public health,
safety, or welfare requires adoption of a rule upon shorter notice than otherwise required and
within five days of adoption states in writing to the governor, the attorney general, the House
speaker, the Senate president, and the Department of the State Register, its reasons for that
finding, it may proceed without prior notice or hearing or upon any abbreviated notice and
hearing that it finds practicable, to adopt an emergency rule.
Present law provides that within 60 days after adoption of an emergency rule or fee, an
oversight subcommittee of either house may conduct a hearing to review the emergency rule
or fee and make a determination of whether such rule or fee meets the criteria for an
emergency rule or fee, whether the rule or fee is in conformity with the intent and scope of
the enabling legislation purporting to authorize its adoption; whether the rule or fee is in
conformity and not contrary to law and the constitution; the advisability or relative merit of
the rule or fee; and whether the rule or fee is acceptable or unacceptable. If within that time
period an oversight subcommittee finds an emergency rule or fee unacceptable, the
subcommittee shall prepare a written report containing a copy of the proposed rule or fee
action and a summary of the determinations made by the committee and transmit copies to
the governor, the agency, and the Louisiana Register no later than four days after the
committee makes its determination.
Proposed law requires that the agency submit the written reasons to the House speaker and
the Senate president at their respective office in the state capitol by certified mail with return
receipt requested or by messenger who shall provide a receipt for signature. Provides that
the return receipt or the messenger's receipt is proof of receipt.
Proposed law permits a subcommittee hearing within 60 days after receipt of an agency
statement by the Senate president, or the House speaker, as the case may be. Otherwise
retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 49:953(B)(1) and (4)(a))