The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Carla S. Roberts.
DIGEST
SB 237 Original 2020 Regular Session Ward
Present law provides that, prior to the adoption, amendment, or repeal of any rule or regulation by
a state agency, the agency will notify the public of the change by sending a notice of intent to make
the rule or regulation change to the office of the state register for publication in the La. Register.
Present law provides that, before a rule or regulation can be implemented, the agency must provide
a statement, which is approved by the legislative fiscal office, regarding the fiscal impact and the
economic impact of the intended action. Present law further provides that, if the agency determines
that there is an economic impact on small business, the agency must prepare an economic impact
statement as it relates to the impact that the proposed rule would have on small businesses prior to
sending the proposed rule or regulation change to the office of the state register for publication in
the La. Register.
Present law requires that the fiscal impact statement be summarized by the agency as to the estimated
costs and/or economic benefits to directly affected persons, small businesses, or nongovernmental
groups and that the summary shall be published in the La. Register.
Proposed law retains present law but separates the fiscal and economic impact statement from the
small business impact statement.
Proposed law deletes the requirements that the agency determine if there is an economic impact to
small business exclusive from the impact to the economy as a whole. Proposed law instead provides
a notice to small business, via the small business impact statement, which requires the agency to
report the following:
(1) The name, address, and phone number of the agency proposing the rule.
(2)The title of the rule, the date of first publication of the rule, and the effective date of the rule.
(3)A brief summary statement of the content of the proposed rule if the rule is proposed for
adoption or repeal. A brief summary statement of the change to an existing rule if the
proposed rule is for an amendment to an existing rule. The same brief summary statement
that is used for the fiscal and economic impact statement required in present law may be used
for the small business impact statement.
(4)A summary of the circumstances which require the proposed rule. If the proposed rule is
required by federal regulation, the federal statute or regulation cited.
(5)A designation as to all of which persons or entities that are reasonably expected to be impacted by the proposed rule:
(a)Businesses located in Louisiana.
(b)Individual citizens of Louisiana.
(d)Both citizens and businesses.
(e)Neither citizens or businesses.
If the agency determines that the proposed rule will not have any impact on businesses in
Louisiana, the agency shall give a brief statement as to why the proposed rule does not
impact businesses and which individuals are expected to be impacted by the proposed rule.
(6)If the agency determines that the proposed rule is reasonably expected to impact businesses
in any manner, the agency will identify one of the following:
(a)Small businesses are expected to be impacted.
(b)Large businesses are expected to be impacted.
(c)Both small and large businesses are expected to be impacted.
(d)Agency is unsure whether the expected impact to businesses will be born by small
businesses, large businesses, or both.
(7)If the agency determines that the proposed rule is reasonably expected to impact businesses
in any manner, the agency will identify one of the following business sectors which is
reasonably expected to be impacted:
(a)Accommodations and Hospitality.
(b)Accounting.
(c)Agriculture and Farming.
(d)Automobiles.
(e)Chemical Industry.
(f)Communications.
(g)Construction.
(h)Education Services or Contractors. (i)Engineering.
(j)Environmental Services.
(k)Entertainment.
(l)Fishing and Aquaculture.
(m)Food Services.
(n)Funeral Homes, Mortuaries, and Internment Services.
(o)Healthcare or Medical Services.
(p)Information Technology.
(q)Insurance.
(r)Manufacturing.
(s)Oil or Petroleum.
(t)Real Estate.
(u)Retail Establishments.
(v)Timber and Forestry.
(w)Transportation.
(x)Other Businesses or Industries not listed.
Present law requires that, no later than the 10th day of the month, the office of the state register shall
electronically transmit all of the small business economic impact statements, the small business
regulatory flexibility analyses, and the fiscal impact statement approved by the legislative fiscal
office to the secretary of state's commercial division. Present law provides that, upon receiving the
electronic transfer of information from the office of the state register, the secretary of state's
commercial division will do all of the following:
(1)On the 15th day of the month, post the information on the commercial division's internet
page under the heading of "proposed state rules and regulations that may affect your
business".
(2)No later than the 16th day of the month, electronically transfer the information to the
Louisiana Association of Business and Industry and the Louisiana Chapter of the National Federation of Independent Business, and to each person who has made a timely request of
the department for such notices.
Proposed law retains present law but only requires that the small business impact statement be
electronically transferred from the office of the state register to the office secretary of state's
commercial division.
Effective August 1, 2020.
(Amends R.S. 49:953(A)(1)(a)(x), (E)(3), and (I)(1), 978.3(3), (4), and (5), 978.4; adds R.S.
49:978.3(6))