SLS 20RS-98 ORIGINAL 2020 Regular Session SENATE BILL NO. 68 BY SENATOR FRED MILLS ADMINISTRATIVE PROCEDURE. Provides relative to the promulgation of emergency rules in accordance with the Administrative Procedure Act. (8/1/20) 1 AN ACT 2 To amend and reenact R.S. 3:4104(G), R.S. 15:587.1.2(D), R.S. 22:11.1, R.S. 27:220(D), 3 R.S. 29:784(B), R.S. 30:2019(C) and (D)(2)(d), 2019.1(E), and 2022(B)(3), R.S. 4 32:415.2(D)(1), R.S. 34:851.14.1(B), R.S. 36:254(D)(1)(a)(i), R.S. 40:5.3(E), 5 962(H), 2008.10(B), and 2136(B), R.S. 49:953(E)(1) and (G)(3)(d), 954(B), and R.S. 6 56:6.1(B), to enact R.S. 49:953.1, and to repeal R.S. 49:953(B), relative to 7 emergency rulemaking; to provide for emergency rulemaking in extraordinary 8 circumstances; to provide for criteria that justifies an emergency rule; to provide for 9 occurrences that do not satisfy emergency rulemaking; to provide for minimum 10 information in an agency statement for emergency rulemaking; to provide for the 11 effective date and duration of an applicability of an emergency rule; to provide for 12 a maximum number of times an agency can repromulgate an identical emergency 13 rule; to provide for declaratory judgement of the validity of an emergency rule; to 14 provide for legislative oversight of an emergency rule; to provide for gubernatorial 15 oversight of an emergency rule; to provide for notice to the agency if an emergency 16 rule is determined to be unacceptable; to provide for final action on the emergency 17 rule; to provide technical changes to correlating statutes; and to provide for related Page 1 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL 1 matters. 2 Be it enacted by the Legislature of Louisiana: 3 Section 1. R.S. 3:4104(G) is hereby amended and reenacted to read as follows: 4 §4104. Production stabilization plans 5 * * * 6 G. Each production stabilization plan adopted pursuant to this section shall 7 be considered a "rule" as that term is defined in R.S. 49:951(6); and the adoption, 8 amendment, and judicial review of such plans shall be in accordance with the 9 provisions of the Administrative Procedure Act (R.S. 49:951 et seq.) relating to rules 10 and rule-making. The revision of any provision of a production stabilization plan 11 shall be accomplished only by the amendment of such plan. Any suspensive action 12 taken by the commissioner pursuant to Subsection F of this section and any action 13 taken by the commissioner pursuant to the third paragraph of Subsection B of this 14 section shall be deemed an "emergency rule" as that term is used in R.S. 49:953(B) 15 R.S. 49:953.1, but the commissioner shall not be required to find that any such 16 action is required by an imminent peril to the public health, safety, or welfare. 17 * * * 18 Section 2. R.S. 15:587.1.2(D) is hereby amended and reenacted to read as follows: 19 §587.1.2. Provision of information to protect children who receive services at a 20 therapeutic group home 21 * * * 22 D. The Louisiana Department of Health may adopt rules and regulations in 23 accordance with the Administrative Procedure Act to implement the provisions of 24 this Section, including requirements and provisions for utilizing the criminal history 25 information. The department may utilize the process provided in R.S. 49:953(B) R.S. 26 49:953.1 for adoption of the rule. 27 Section 3. R.S. 22:11.1 is hereby amended and reenacted to read as follows: 28 §11.1. Rules and regulations; essential health benefits package 29 The commissioner shall promulgate rules pursuant to the Administrative Page 2 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL 1 Procedure Act to define "essential health benefits", to establish annual limitations on 2 cost sharing and deductibles, and to define required levels of coverage. The 3 commissioner shall adopt initial administrative rules before January 1, 2020. 4 Notwithstanding any provision of R.S. 49:953(B) R.S. 49:953.1 to the contrary, the 5 commissioner may adopt initial administrative rules as required by this Section 6 pursuant to the provisions of R.S. 49:953(B) R.S. 49:953.1 without a finding that an 7 imminent peril to the public health, safety, or welfare exists. 8 Section 4. R.S. 27:220(D) is hereby amended and reenacted to read as follows: 9 §220. Duties of the board; adoption of administrative regulations; rulemaking 10 authority 11 * * * 12 D. For purposes of expeditious implementation of the provisions of this 13 Chapter, the promulgation of initial administrative rules shall constitute a matter of 14 imminent peril to public health, safety, and welfare as provided in R.S. 49:953(B) 15 R.S. 49:953.1. 16 Section 5. R.S. 29:784(B) is hereby amended and reenacted to read as follows: 17 §784. Regulation of services during emergency 18 * * * 19 B. An order issued pursuant to Subsection A of this Section may take effect 20 immediately and shall be promulgated as an emergency rule as provided in R.S. 21 49:953 R.S. 49:953.1. 22 * * * 23 Section 6. R.S. 30:2019(C) and (D)(2)(d), 2019.1(E), and 2022(B)(3) are hereby 24 amended and reenacted to read as follows: 25 §2019. Promulgation of rules and regulations 26 * * * 27 C. Except for R.S. 49:953(B)(1) R.S. 49:953.1, promulgation of rules or 28 regulations requiring a permit, license, or compliance schedule of a previously 29 unregulated industry or practice shall not be initiated prior to a public hearing being Page 3 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL 1 held. Such hearing shall be held in accordance with the Administrative Procedure 2 Act. 3 D. * * * 4 (2) Subparagraph (1)(b) of this Subsection shall not apply to any rule that 5 meets any of the following criteria: 6 * * * 7 (d) Is an emergency rule under R.S. 49:953(B) R.S. 49:953.1. 8 * * * 9 §2019.1. Promulgation of rules and regulations affecting agriculture 10 * * * 11 E. Unless an emergency is initially declared by the governor and action is 12 taken as provided for in R.S. 49:953(B)(1) R.S. 49:953.1, no rule, regulation, or 13 permit fee may be adopted, amended, or repealed which affects the agriculture 14 industry unless statements from the secretary of the department, the chancellor, and 15 the commissioner of agriculture and forestry accompany the rule, regulation, or 16 permit fee which outline their individual opinions on the issues of whether the rule, 17 regulation, or permit fee is justified, practical, and worthy of implementation, and 18 public hearings have been held in accordance with the Administrative Procedure Act. 19 Such statements from the secretary of the department, the chancellor, and the 20 commissioner of agriculture and forestry shall be provided to the appropriate 21 legislative oversight committee by the respective official. The failure of an official 22 to provide a statement shall constitute support for the rule, regulation, or permit fee. 23 * * * 24 §2022. Permit applications and variance requests; notification 25 * * * 26 B. * * * 27 (3) Applications undergoing technical review shall not be subject to rule 28 changes which occur during the technical review unless such changes are made in 29 accordance with R.S. 49:953(B)(1) R.S. 49:953.1 or are required by federal law or Page 4 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL 1 regulation to be incorporated prior to permit issuance. However, such a rule change 2 made prior to the issuance of the permit may constitute grounds for a modification 3 of the final permit. 4 * * * 5 Section 7. R.S. 32:415.2(D)(1) is hereby amended and reenacted to read as follows: 6 §415.2. Operating vehicle while under suspension or revocation; removal of license 7 plate 8 * * * 9 D.(1) The Department of Public Safety and Corrections, public safety 10 services, shall promulgate rules and regulations for implementation of the provisions 11 of this Section. Once the department has published the notice of intent to adopt the 12 permanent rules in the Louisiana Register, and the period for public comment has 13 expired, the department is authorized to adopt the proposed rule as an emergency 14 rule to expedite the enforcement of this Section subject to legislative oversight as 15 provided in R.S. 49:968, and 953, and 953.1. 16 * * * 17 Section 8. R.S. 34:851.14.1(B) is hereby amended and reenacted to read as follows: 18 §851.14.1. Closure of waterways 19 * * * 20 B. Any such closure or restricted use shall be made by an order issued by the 21 secretary in the same manner as issuance of an emergency rule as provided in R.S. 22 49:953(B) R.S. 49:953.1. Such order shall be subject to oversight by the House 23 Committee on Natural Resources and Environment and the Senate Committee on 24 Natural Resources in accordance with R.S. 49:953(B) R.S. 49:953.1. The order 25 authorized in this Section shall specify a closure or a type of restriction, a description 26 of the area subject to the order, and the reason for the emergency action. Upon 27 issuance of any such order, no person shall operate a vessel contrary to the 28 provisions of the order. 29 * * * Page 5 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL 1 Section 9. R.S. 36:254(D)(1)(a)(i) is hereby amended and reenacted to read as 2 follows: 3 §254. Powers and duties of the secretary of the Louisiana Department of Health 4 * * * 5 D.(1)(a)(i) The secretary shall direct and be responsible for the Medical 6 Assistance Program, Title XIX of the Social Security Act, including eligibility 7 determination and those health planning and resource development functions as are 8 permissible under provisions of Title XIX of the Social Security Act, Title XXI of 9 the Social Security Act, and R.S. 46:976. Any modification to the Medical 10 Assistance Program approved by waiver by the United States Department of Health 11 and Human Services, Health Care Financing Administration or its successor, that 12 provides for a managed care or voucher system shall be implemented by the 13 secretary but only after the approved plan and any modifications thereto have been 14 approved by the House and Senate committees on health and welfare and the Joint 15 Legislative Committee on the Budget. Unless approved by such committees as 16 provided in this Subparagraph, modifications to the medical assistance program as 17 provided herein shall not be considered avoidance of a budget deficit in the case of 18 medical assistance programs, shall not be considered a means of securing new or 19 enhanced federal funding in medical assistance programs, and shall not be 20 considered necessary to avoid imminent peril to the public health, safety, or welfare; 21 such modification shall not be promulgated as emergency rules under the provisions 22 of R.S. 49:953(B) R.S. 49:953.1 unless approved by such committees. 23 * * * 24 Section 10. R.S. 40:5.3(E), 962(H), 2008.10(B), and 2136(B) are hereby amended 25 and reenacted to read as follows: 26 §5.3. Molluscan shellfish sanitation requirements; opening and closing of molluscan 27 shellfish growing areas; adoption of guidelines to regulate molluscan 28 shellfish industry; authority to collect samples for bacteriological 29 analysis; testing of oysters; Calcasieu Lake Page 6 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL 1 * * * 2 E. The purpose of this Section is to develop guidelines to govern and regulate 3 the shellfish industry to ensure that the final shellfish product is safe and wholesome. 4 The Louisiana Department of Health shall enforce the requirements for classification 5 of shellfish growing areas and for certifying, processing, and distributing shellfish, 6 which requirements are contained in Louisiana Administrative Code Title 51, Part 7 IX and promulgated under the provisions of R.S. 49:953(B) R.S. 49:953.1. 8 * * * 9 §962. Authority to control 10 * * * 11 H. If the scheduling of a substance in Schedule I is necessary to avoid an 12 imminent peril to the public health, safety, or welfare, the secretary may adopt an 13 emergency rule adding the substance to Schedule I pursuant to R.S. 49:953(B) R.S. 14 49:953.1. In determining whether the substance poses an imminent peril to the public 15 health, safety, or welfare, the secretary shall consider the factors set forth in 16 Paragraphs (C)(4), (5), and (6) of this Section. 17 * * * 18 §2008.10. Therapeutic group homes licensed by the Louisiana Department of 19 Health; state central registry of child abuse and neglect; criminal 20 background checks 21 * * * 22 B. The Louisiana Department of Health may adopt rules and regulations in 23 accordance with the Administrative Procedure Act to implement the provisions of 24 this Section, including requirements and provisions for utilizing the criminal history 25 information. The department may utilize the process provided in R.S. 49:953(B) R.S. 26 49:953.1 for adoption of the rule. 27 * * * 28 §2136. Rules; regulations; minimum standards 29 * * * Page 7 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL 1 B. Notwithstanding the provisions of R.S. 49:953(B)(1) R.S. 49:953.1, or any 2 other law, rule, or regulation, the licensing agency shall establish rules, regulations, 3 and minimum standards for the licensing of ambulatory surgical centers as defined 4 in R.S. 40:2133(A) by adopting emergency rules in accordance with the 5 Administrative Procedure Act. 6 * * * 7 Section 11. R.S. 49:953(E)(1) and (G)(3)(d) and 954(B) are hereby amended and 8 reenacted and R.S. 49:953.1 is hereby enacted to read as follows: 9 §953. Procedure for adoption of rules; agency rule review 10 * * * 11 E.(1) No agency shall adopt, amend, or repeal any rule if the accompanying 12 fiscal and economic impact statement approved by the Legislative Fiscal Office 13 indicates that the rule change would result in any increase in the expenditure of state 14 funds, unless the rule is adopted as an emergency rule pursuant to the requirements 15 of this Section R.S. 49:953.1 or unless the legislature has specifically appropriated 16 the funds necessary for the expenditures associated with the rule change. 17 * * * 18 G.(1) Prior to or concurrent with publishing notice of any proposed policy, 19 standard, or regulation pursuant to Subsection A of this Section and prior to 20 promulgating any policy, standard, or final regulation whether pursuant to R.S. 21 49:954 or otherwise under the authority of the Louisiana Environmental Quality Act, 22 R.S. 30:2001 et seq., the Department of Environmental Quality, after August 15, 23 1995, shall publish a report, or a summary of the report, in the Louisiana Register 24 which includes: 25 * * * 26 (3) This provision shall not apply in those cases where the policy, standard, 27 or regulation: 28 * * * 29 (d) Is an emergency rule under Subsection B of this Section R.S. 49:953.1. Page 8 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL 1 * * * 2 §953.1. Emergency rulemaking 3 A.(1) In extraordinary circumstances an agency may adopt an 4 emergency rule as an alternative to the rulemaking provisions provided for in 5 R.S. 49:953. An emergency rule may be adopted by an agency without prior 6 notice or a public hearing if any of the following provisions apply: 7 (a) To prevent imminent peril to the public health, safety, or welfare. 8 (b) To avoid sanctions or penalties from the United States. 9 (c) To avoid a budget deficit in the case of the medical assistance 10 program. 11 (d) To secure new or enhanced federal funding. 12 (2) Within five days of adoption of an emergency rule, the agency must 13 state in writing the specific provision or provisions of Paragraph (1) of this 14 Subsection it is citing as cause for emergency rulemaking. The agency statement 15 shall include specific facts and detailed reasoning for emergency rulemaking in 16 order to satisfy the criteria for an emergency rule. It shall not be considered an 17 emergency if the agency is acting in the normal course and scope of fulfilling its 18 mission, failed to take necessary steps in the administration of the agency to 19 avoid an emergency, is promulgating rules to implement an Act of the 20 legislature unless the Act specifically directed the agency to proceed with 21 emergency rulemaking, or is perpetually republishing existing emergency rules. 22 (3) Subject to applicable constitutional or statutory provisions, an 23 emergency rule shall become effective on the date of its adoption, or on a date 24 specified by the agency to be not more than sixty days from the date of its 25 adoption, provided written notice is given as required by Subsection B of this 26 Section. 27 (4) An emergency rule shall not remain in effect beyond the publication 28 date of the Louisiana Register published in the month following the month in 29 which the emergency rule is adopted, unless the emergency rule and the reasons Page 9 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL 1 for adoption are published in that issue. An emergency rule shall not be 2 effective for a period longer than one hundred twenty days. 3 (5) No emergency rule may be repromulgated by an agency more than 4 two consecutive times. However, the adoption of an identical rule under R.S. 5 49:953(A)(1), (2), and (3) is not precluded. 6 B.(1) The agency statement required in Subsection A(2) of this Section 7 shall be submitted to the governor of the state of Louisiana, the attorney general 8 of Louisiana, the speaker of the House of Representatives, the president of the 9 Senate, and the Office of the State Register at their respective offices by 10 electronic transmission if such means are available. If electronic means are not 11 available, the agency statement shall be submitted by certified mail with return 12 receipt requested or by messenger who shall provide a receipt for signature. The 13 return receipt, the receipt for signature, or the electronic confirmation receipt 14 shall be proof of receipt of the agency statement by the respective offices. 15 (2) Within five days of adoption of the emergency rule, the agency shall 16 mail a copy of the emergency rule to all persons who have made timely request 17 of the agency for notice of rule changes. 18 (3) The Office of the State Register may omit from the Louisiana 19 Register any emergency rule which would be unduly cumbersome, expensive, 20 or otherwise inexpedient to print, if the emergency rule in printed or processed 21 form is made available on application to the adopting agency, and if the 22 Louisiana Register contains a notice stating the general subject matter of the 23 omitted emergency rule, the reasons for the finding of the emergency submitted 24 by the agency, and stating how a copy may be obtained. 25 C. The validity of an emergency rule may be determined in an action for 26 declaratory judgment in the district court of the parish in which the agency is 27 located. The agency shall be made a party to the action. An action for a 28 declaratory judgment under this Section may be brought only by a person to 29 whom such emergency rule is applicable or who would be adversely affected by Page 10 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL 1 such emergency rule and only on the grounds that the emergency rule does not 2 meet the criteria for adoption of an emergency rule as provided in Subsection 3 A(1) of this Section. The court shall declare the emergency rule invalid if it finds 4 that there is not sufficient evidence that such emergency rule must be adopted 5 on an emergency basis for one or more of the reasons for adoption of an 6 emergency rule as provided in Subsection A(1) of this Section. Notwithstanding 7 any provision of law to the contrary, the emergency rule shall remain in effect 8 until such declaratory judgment is rendered. The provisions of R.S. 49:963 shall 9 not apply to any action brought pursuant to this Section. The provisions of this 10 Section are in addition to R.S. 49:963 and shall not limit any action pursuant to 11 R.S. 49:963. 12 D.(1) Within sixty days after receipt of the emergency rule and agency 13 statement required in Subsection A(2) of this Section by the presiding officer of 14 either the House of Representatives or the Senate, an oversight subcommittee 15 of either house may individually or jointly conduct a hearing to review the 16 emergency rule and make a determination of whether the emergency rule meets 17 the criteria for an emergency rule set forth in Subsection A(1) of this Section. 18 The oversight committee shall also determine whether the agency complied with 19 the following rulemaking provisions: 20 (a) Whether the emergency rule is in conformity with the intent and 21 scope of the enabling legislation purporting to authorize the emergency rule. 22 (b) Whether the emergency rule is in conformity and not contrary to all 23 applicable provisions of law and of the constitution. 24 (c) The advisability or relative merit of the emergency rule. 25 (d) Whether the emergency rule is acceptable or unacceptable to the 26 oversight subcommittee. 27 (2)(a) If within sixty days after receipt of the emergency rule and agency 28 statement required in Subsection A(2) of this Section either the House or Senate 29 oversight committee determines that an emergency rule is unacceptable, the Page 11 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL 1 respective subcommittee shall provide a written report which contains the 2 following: 3 (i) A copy of the emergency rule. 4 (ii) A summary of the determinations made by the oversight committee 5 in accordance with Subsections A(1) and D(1) of this Section. 6 (b) The written report shall be delivered to the governor, the agency 7 proposing the rule change, and the Louisiana Register no later than four days 8 after the oversight committee makes its determination. 9 E. Within sixty days after adoption of an emergency rule, the governor 10 may review such emergency rule and make the determinations as provided in 11 Subsection D of this Section. If within this time period the governor finds an 12 emergency rule unacceptable, he shall prepare a written report as provided in 13 Subsection D(2) of this Section and transmit copies to the agency proposing the 14 emergency rule and the Louisiana Register no later than four days after the 15 governor makes his determination. 16 F. Upon receipt by the agency of a report issued by the oversight 17 committee or the governor finding an emergency rule unacceptable, the 18 emergency rule shall be nullified and shall be without effect. The governor shall 19 have no authority to disapprove the action taken on an emergency rule by the 20 oversight committee. 21 §954. Filing; taking effect of rules 22 * * * 23 B.(1) Each rule hereafter adopted shall be effective upon its publication in the 24 Louisiana Register, said publication to be subsequent to the act of adoption, except 25 that: 26 (1) If if a later date is required by statute or specified in the rule, the later day 27 is the effective date. 28 (2) Subject to applicable constitutional or statutory provisions, an emergency 29 rule shall become effective on the date of its adoption, or on a date specified by the Page 12 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL 1 agency to be not more than sixty days future from the date of its adoption, provided 2 written notice is given within five days of the date of adoption to the governor of 3 Louisiana, the attorney general of Louisiana, the speaker of the House of 4 Representatives, the president of the Senate, and the Office of the State Register as 5 provided in R.S. 49:953(B). Such emergency rule shall not remain in effect beyond 6 the publication date of the Louisiana Register published in the month following the 7 month in which the emergency rule is adopted, unless such rule and the reasons for 8 adoption thereof are published in that issue; however, any emergency rule so 9 published shall not be effective for a period longer than one hundred twenty days, 10 but the adoption of an identical rule under R.S. 49:953(A)(1), (2), and (3) is not 11 precluded. The agency shall take appropriate measures to make emergency rules 12 known to the persons who may be affected by them. An emergency rule shall be 13 considered effective pursuant to the provisions of R.S. 49:953.1. 14 Section 12. R.S. 56:6.1(B) is hereby amended and reenacted to read as follows: 15 §6.1. Emergency closure of hunting or fishing seasons; rules and regulations; 16 prohibitions; penalties 17 * * * 18 B. Any such closure shall be made by an order issued by the secretary in the 19 same manner as the issuance of an emergency rule as provided in R.S. 49:953(B) 20 R.S. 49:953.1. The closure order authorized in this Section shall include a 21 description of the area subject to the closure, indication of the species of fish or 22 wildlife covered by such order, and the reasons for the closure. In addition, the order 23 may include restrictions on hunting or fishing times, bag or creel limits, and harvest 24 restrictions and may alter season opening and closing dates. Upon the issuance of 25 any such order, the possession, sale, barter, trade, or exchange of, or the attempt to 26 possess, sell, barter, trade, or exchange, any species of fish or wildlife contrary to the 27 provisions of the order is prohibited. 28 * * * 29 Section 13. R.S. 49:953(B) is hereby repealed. Page 13 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Christine Arbo Peck. DIGEST SB 68 Original 2020 Regular Session Fred Mills Present law provides for emergency rulemaking by administrative agencies in extraordinary circumstances. Proposed law retains present law, moves emergency rulemaking to a new section of law, and provides new parameters in which an agency may utilize emergency rulemaking. Proposed law further provides that an agency statement justifying emergency rulemaking will include specific facts and detailed reasoning for emergency rulemaking in order to satisfy the criteria for an emergency rule. Proposed law provides that it will not be considered an emergency if the agency is acting in the normal course and scope of fulfilling its mission, if the agency failed to take necessary steps to avoid emergency, to implement an Act of the legislature unless the Act specifically directed the agency to proceed with emergency rulemaking, or to perpetually republish existing emergency rules. Proposed law provides that no identical emergency rule may be repromulgated by a agency more than two consecutive times. Present law provides that within five days of adoption of an emergency rule an agency statement of emergency rulemaking will be submitted to the governor of the state of Louisiana, the attorney general of Louisiana, the speaker of the House of Representatives, the president of the Senate, and the Office of the State Register. Present law provides that within five days of adoption of an emergency rule the agency will mail a copy of the emergency rule to all persons who have made timely request of the agency for notice of rule changes. Proposed law retains present law. Present law provides for the validity of an emergency rule to be determined in an action for declaratory judgment. Proposed law retains present law. Present law provides that within 60 days of receipt an oversight committee of the legislature may conduct a hearing to review the emergency rule and make a determination of whether such emergency rule meets the criteria for an emergency rule. Present law provides that if the oversight subcommittee finds an emergency rule unacceptable, it will prepare a written report containing a copy of the proposed emergency rule and a summary of the determinations made by the committee and transmit copies to the governor, the agency proposing the emergency rule, and the Louisiana Register no later than four days after the committee makes its determination. Proposed law retains present law. Present law provides that within 60 days after adoption of an emergency rule the governor may review such emergency rule and make a determination that the emergency rule is unacceptable. Present law provides that if the governor finds an emergency rule or fee unacceptable, he will prepare a written report and transmit copies to the agency proposing the rule change and the Louisiana Register no later than four days after he makes his determination. Proposed law retains present law. Present law provides that upon receipt by the agency of a report that the legislative oversight committee or the governor has determined the emergency rule is unacceptable, the emergency rule will be nullified and shall be without effect. Proposed law retains present law. Present law does not allow the governor to disapprove the action of a legislative oversight committee on an emergency rule. Proposed law retains present law. Page 14 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 68 SLS 20RS-98 ORIGINAL Proposed law makes technical changes to correlating statutes in present law. Effective August 1, 2020. (Amends R.S. 3:4104(G), R.S. 15:587.1.2(D), R.S. 22:11.1, R.S. 27:220(D), R.S. 29:784(B), R.S. 30:2019(C) and (D)(2)(d), 2019.1(E), and 2022(B)(3), R.S. 32:415.2(D)(1), R.S. 34:851.14.1(B), R.S. 36:254(D)(1)(a)(i), R.S. 40:5.3(E), 962(H), 2008.10(B), and 2136(B), R.S. 49:953(E)(1) and (G)(3)(d), 954(B), and R.S. 56:6.1(B); adds R.S. 49:953.1; repeals R.S. 49:953(B)) Page 15 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.