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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 CD 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 CD 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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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. The agency mandated to produce the report shall, not later than
13 October first of the calendar year two years before the year of expiration of the
14 mandate, notify the agency or executive- or legislative-branch entity designated
15 to receive the report of the pending expiration of the mandate via electronic
16 mail. The notification shall include at a minimum a citation of the original
17 mandate requiring the report, a copy of the most recent report, and an estimate
18 of the agency resources including costs expended in producing the report. If the
19 report has no designated recipient, the agency mandated to produce the report
20 shall notify the legislature of the pending expiration. A notification to the
21 legislature shall be as provided for reports to the legislature in R.S. 24:772.
22 D.(1)(a) The standing committees having jurisdiction over the agency or, if
23 not an agency, the board, commission, or other executive-branch entity, tasked
24 with producing designated to receive the report may extend the mandate for an
25 additional five years by an affirmative vote of the majority of each committee action
26 of the head of the agency or of the board, commission, or other entity with
27 administrative authority over the designated recipient at any time before the July
28 first on which the mandate is set to expire January first of the calendar year
29 immediately preceding the year of expiration of the mandate.
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1 (b) Whether the designated recipient elects to extend the mandate or
2 not, the designated recipient shall, not later than January first of the calendar
3 year immediately preceding the year of expiration, notify the agency mandated
4 to produce the report, the legislature, and the Louisiana State Law Institute of
5 the pending expiration of the mandate and the designated recipient's election
6 regarding the extension. The notification to the legislature shall be as provided
7 for reports to the legislature in R.S. 24:772 and shall include a copy of the
8 notification documents received from the agency mandated to produce the
9 report. If the agency or entity designated to receive the report fails to notify the
10 legislature timely, the mandate shall be extended for an additional five years.
11 (2) If the agency mandated to produce the report fails to comply with
12 the notification requirements of Subsection C of this Section, the mandate shall
13 be extended for an additional five years.
14 (3) 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 may be extended an additional five years by an enactment of the legislature or
18 by the same procedure that originally mandated the report.
19 (4) Any mandate extended an additional five years pursuant to
20 Paragraph (1), (2), or (3) of this Subsection shall again be subject to the
21 expiration provisions of this Section at the end of that five-year extension.
22 The executive branch agency tasked with producing the report shall, not later
23 than the January first immediately preceding the expiration date, notify the
24 committees of the pending expiration of the mandate via electronic mail. The
25 notification shall include at a minimum a citation of the original mandate requiring
26 the report, a copy of the most recent report, and an estimate of the agency resources
27 including costs expended in producing the report.
28 E. As used in this Section, "agency" means any department, office,
29 division, or other entity or an officer within the executive branch of state
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1 government.
2 Section 2. This Act shall become effective on June 30, 2019; if vetoed by the
3 governor and subsequently approved by the legislature, this Act shall become effective on
4 June 30, 2019, or on the day following such approval by the legislature, whichever is later.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by LG Sullivan.
DIGEST
SB 171 Engrossed 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. Regardless of the legislative
committee with jurisdiction over the subject matter of the report, authorizes the legislative
committees with jurisdiction over the producing agency to extend the mandate for an
additional five years by an affirmative vote of each committee. 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 (21 months) before expiration.
Provides for the receiving executive-branch 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 (18 months) 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 submit the Jan. 1st notification, the
mandate shall continue for five additional years.
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 may be extended an additional five years by an enactment of
the legislature or by the same procedure that originally mandated the report.
Proposed law subjects any mandate extended an additional five years to the expiration
provisions at the end of that extension.
Effective June 30, 2019.
(Amends R.S. 49:1401)
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. For a report to a legislative entity or a report with no designated recipient,
require legislative action to continue the mandate.
2. Specify that a Jan. 1st notification to the legislature shall include the Oct. 1st
notification the producing agency provides to an executive-branch recipient
agency.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.