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Regular Session, 2012 ENROLLED
SENATE BILL NO. 422
BY SENATOR CLAITOR
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
necessary to avoid sanctions or penalties from the United States, or to avoid a budget18
deficit in the case of medical assistance programs or to secure new or enhanced19
federal funding in medical assistance programs. The agency statement of its reason20
for finding it necessary to adopt an emergency rule shall include specific reasons21 SB NO. 422 ENROLLED
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why the failure to adopt the rule on an emergency basis would result in imminent1
peril to the public health, safety, or welfare, or specific reasons why the emergency2
rule meets other criteria provided in this Paragraph for adoption of an emergency3
rule.4
(b) The agency statement required in Subparagraph (a) of this5
Paragraph shall be submitted to the speaker of the House of Representatives6
and the president of the Senate at their respective offices in the state capitol by7
electronic transmission if such means are available. If electronic means are not8
available, the agency statement shall be submitted to the office of the speaker9
of the House of Representatives and the president of the Senate in the state10
capitol by certified mail with the return receipt requested or by messenger who11
shall provide a receipt for signature. The return receipt, the receipt for12
signature, or the electronic confirmation receipt shall be proof of receipt of the13
agency statement by the respective offices.14
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(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
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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
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If30 SB NO. 422 ENROLLED
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: