RDCSB171 362 2721
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)]
SB 171 Engrossed 2019 Regular Session Hewitt
Present law (R.S. 49:1401) provides that a legislative mandate for an executive branch
agency to produce a report expires 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 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.
Authorizes 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.
Proposed law excludes reports required to be submitted to the House and Governmental
Affairs Committee from the expiration provisions in present law and proposed law.
Present law requires each board or commission authorized to issue a license, permit, or
certificate under Title 37 of the La. Revised Statutes of 1950 to submit quarterly reports to
the appropriate legislative oversight committees and to the House Committee on House and
Governmental Affairs and the Senate Committee on Senate and Governmental Affairs.
Further requires the reports to contain certain information about the complaints received
regarding board actions or procedures. Protects confidential, personally identifiable, or
otherwise sensitive information in the reports from being publicly disclosed. Present law
further requires each such board or commission to post on its website and give notice to each
applicant and licensee about the ability to submit complaints about actions or procedures of
the board or commission to the House and Senate governmental affairs committees, along
with the contact information for each committee.
Proposed law provides that the quarterly reports from each board and commission shall be
submitted to the division of administration instead of the House and Senate governmental
affairs committees and provides that the complaints regarding board or commission actions
or procedures shall be directed to the division of administration instead of the House and
Senate governmental affairs committees.
Effective June 30, 2019.
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(Amends R.S. 37:23.2 and R.S. 49:1401)
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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the engrossed bill:
1. Exclude reports required to be submitted to the House and Governmental Affairs
Committee from the expiration provisions.
2. Relative to reports and notifications by certain licensing boards and commissions
and complaints about such boards and commissions, provide that quarterly
reports by such a board or commission regarding complaints be submitted to the
division of administration rather than the House and Senate governmental affairs
committees.
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