SLS 19RS-345 ORIGINAL
2019 Regular Session
SENATE BILL NO. 171
BY SENATOR HEWITT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STATE AGENCIES. Provides relative to reports required of the executive branch by statute
or resolution. (6/30/19)
1 AN ACT
2 To amend and reenact R.S. 49:1401, relative to reports required of executive branch
3 agencies; to provide relative to review of mandated reports; to provide for expiration
4 of the mandates; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 49:1401 is hereby amended and reenacted to read as follows:
7 ยง1401. Reports of the executive branch
8 A. Except as provided in Subsection C of this Section, a legislative mandate
9 to produce any report required of an executive branch agency first occurring
10 imposed by the legislature on or after July 1, 2018 2020, shall expire on the July
11 first following the fifth regular session after the mandate was approved imposed by
12 the legislature, unless the legislation mandating the report provides for a
13 different expiration date.
14 B. Except as provided in Subsection C of this Section, a legislative mandate
15 to produce any report required of an executive branch agency first occurring
16 imposed by the legislature on or before June 30, 2018 2020, shall expire on the July
17 first following June 30, 2019 2021, in the earliest year that is a multiple of five years
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Coding: Words which are struck through are deletions from existing law;
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1 after the mandate was initially approved imposed by the legislature. as follows:
2 (1) Mandates initially imposed in 2016, 2011, and any earlier year
3 ending in "1" or "6" shall expire July 1, 2021.
4 (2) Mandates initially imposed in 2017, 2012, and any earlier year
5 ending in "2" or "7" shall expire July 1, 2022.
6 (3) Mandates initially imposed in 2018, 2013, and any earlier year
7 ending in "3" or "8" shall expire July 1, 2023.
8 (4) Mandates initially imposed in 2019, 2014, and any earlier year
9 ending in "4" or "9" shall expire July 1, 2024.
10 (5) Mandates initially imposed in 2020, 2015, and any earlier year
11 ending in "5" or "0" shall expire July 1, 2025.
12 C.(1)(a) The standing committees having jurisdiction over the agency or, if
13 not an agency, the board, commission, or other entity, tasked with producing
14 designated to receive the report may extend the mandate for an additional five years
15 by an affirmative vote of the majority of each committee action of the head of the
16 agency or of the board, commission, or other entity with administrative
17 authority over the designated recipient at any time before the July first on which
18 the mandate is set to expire January first of the calendar year immediately
19 preceding the year of expiration of the mandate.
20 (b) Whether the designated recipient elects to extend the mandate or
21 not, the designated recipient shall, not later than January first of the calendar
22 year immediately preceding the year of expiration, notify the agency mandated
23 to produce the report, the legislature, and the Louisiana State Law Institute of
24 the pending expiration of the mandate and the designated recipient's election
25 regarding the extension. The notification to the legislature shall be as provided
26 for reports to the legislature in R.S. 24:772. If the agency or entity designated
27 to receive the report fails to notify the legislature timely, the mandate shall be
28 extended for an additional five years.
29 (2) If the agency mandated to produce the report fails to comply with
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1 the notification requirements of Subsection D of this Section, the mandate shall
2 be extended for an additional five years.
3 (3) Any mandate extended an additional five years pursuant to
4 Paragraph (1) or (2) of this Subsection shall again be subject to the expiration
5 provisions of this Section at the end of that five-year extension.
6 D. The executive branch agency tasked with producing mandated to
7 produce the report shall, not later than the January October first of the calendar
8 year immediately preceding two years before the year of expiration date of the
9 mandate, notify the committees agency or entity receiving the report of the
10 pending expiration of the mandate via electronic mail. The notification shall include
11 at a minimum a citation of the original mandate requiring the report, a copy of the
12 most recent report, and an estimate of the agency resources including costs expended
13 in producing the report.
14 E. A mandate to submit a report to the legislature, the Senate, or the
15 House of Representatives, or to a legislative officer, committee, or other
16 legislative entity or a mandate to produce a report with no designated recipient
17 shall continue until a subsequent legislative action provides for the reporting to
18 cease.
19 F. As used in this Section, "agency" means any department, office,
20 division, or other entity or an officer within the executive branch of state
21 government.
22 Section 2. This Act shall become effective on June 30, 2019; if vetoed by the
23 governor and subsequently approved by the legislature, this Act shall become effective on
24 June 30, 2019, or on the day following such approval by the legislature, whichever is later.
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by LG Sullivan.
DIGEST
SB 171 Original 2019 Regular Session Hewitt
Present law requires a legislative mandate for an executive branch agency to produce a
report to expire five years after legislative approval of the mandate. Requires the producing
agency to notify the legislature of the impending expiration. Authorizes the legislative
committees with jurisdiction over the producing agency to extend the mandate for an
additional five years. Provides for the first reports to expire July 1, 2019.
Proposed law retains the five-year expiration. Delays the first expiration until July 1, 2021.
Proposed law defines "agency" for purposes of proposed law to mean any department, office,
division, or other entity or an officer within the executive branch of state government.
Proposed law requires the producing agency to notify the receiving agency or entity of the
impending expiration by Oct. 1st two calendar years before expiration. Provides for the
receiving agency or entity to extend the mandate for five years. Requires the receiving
agency or entity to report to the producing agency, the legislature, and the Law Institute by
Jan. 1st of the calendar year before expiration whether or not the designated recipient
extends the mandate.
Proposed law provides that if the agency producing the report fails to submit the Oct. 1st
notification or if the receiving agency or entity fails to report the impending expiration to the
legislature, the mandate shall continue for five additional years. Subjects any mandate
extended an additional five years to the expiration provisions at the end of that extension.
Proposed law further provides that a report to the legislature, the Senate, or the House of
Representatives, or to a legislative officer, committee, or other legislative entity or a report
with no designated recipient shall continue until a subsequent legislative action provides for
the reporting to cease.
Effective June 30, 2019.
(Amends R.S. 49:1401)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.