Louisiana 2021 2021 Regular Session

Louisiana Senate Bill SB136 Introduced / Bill

                    SLS 21RS-376	ORIGINAL
2021 Regular Session
SENATE BILL NO. 136
BY SENATOR FRED MILLS 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ADMINISTRATIVE PROCEDURE.  Provides for promulgation of emergency rules in
accordance with the Administrative Procedure Act. (8/1/21)
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 justify 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, duration, and applicability of an emergency rule; to provide for a
12 maximum number of times an agency can repromulgate an identical emergency rule;
13 to provide for declaratory judgment of the validity of an emergency rule; to provide
14 for legislative oversight of an emergency rule; to provide for gubernatorial oversight
15 of an emergency rule; to provide for notice to the agency if an emergency rule is
16 determined to be unacceptable; to provide for final action on the emergency rule; to
17 provide technical changes to correlating statutes; and to provide for related matters.
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1 Be it enacted by the Legislature of Louisiana:
2 Section 1.  R.S. 3:4104(G) is hereby amended and reenacted to read as follows:
3 §4104.  Production stabilization plans
4	*          *          *
5	G.  Each production stabilization plan adopted pursuant to this section shall
6 be considered a "rule" as that term is defined in R.S. 49:951(6); and the adoption,
7 amendment, and judicial review of such plans shall be in accordance with the
8 provisions of the Administrative Procedure Act (R.S. 49:951 et seq.) relating to rules
9 and rule-making. The revision of any provision of a production stabilization plan
10 shall be accomplished only by the amendment of such plan. Any suspensive action
11 taken by the commissioner pursuant to Subsection F of this section and any action
12 taken by the commissioner pursuant to the third paragraph of Subsection B of this
13 section shall be deemed an "emergency rule" as that term is used in R.S. 49:953(B)
14 R.S. 49:953.1, but the commissioner shall not be required to find that any such
15 action is required by an imminent peril to the public health, safety, or welfare.
16	*          *          *
17 Section 2.  R.S. 15:587.1.2(D) is hereby amended and reenacted to read as follows:
18 §587.1.2.  Provision of information to protect children who receive services at a
19	therapeutic group home
20	*          *          *
21	D.  The Louisiana Department of Health may adopt rules and regulations in
22 accordance with the Administrative Procedure Act to implement the provisions of
23 this Section, including requirements and provisions for utilizing the criminal history
24 information. The department may utilize the process provided in R.S. 49:953(B) R.S.
25 49:953.1 for adoption of the rule.
26 Section 3.  R.S. 22:11.1 is hereby amended and reenacted to read as follows:
27 §11.1.  Rules and regulations; essential health benefits package
28	The commissioner shall promulgate rules pursuant to the Administrative
29 Procedure Act to define "essential health benefits", to establish annual limitations on
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1 cost sharing and deductibles, and to define required levels of coverage. The
2 commissioner shall adopt initial administrative rules before January 1, 2020.
3 Notwithstanding any provision of R.S. 49:953(B) R.S. 49:953.1 to the contrary, the
4 commissioner may adopt initial administrative rules as required by this Section
5 pursuant to the provisions of R.S. 49:953(B) R.S. 49:953.1 without a finding that an
6 imminent peril to the public health, safety, or welfare exists.
7 Section 4.  R.S. 27:220(D) is hereby amended and reenacted to read as follows:
8 §220. Duties of the board; adoption of administrative regulations; rulemaking
9	authority
10	*          *          *
11	D. For purposes of expeditious implementation of the provisions of this
12 Chapter, the promulgation of initial administrative rules shall constitute a matter of
13 imminent peril to public health, safety, and welfare as provided in R.S. 49:953(B)
14 R.S. 49:953.1.
15 Section 5.  R.S. 29:784(B) is hereby amended and reenacted to read as follows:
16 §784. Regulation of services during emergency
17	*          *          *
18	B. An order issued pursuant to Subsection A of this Section may take effect
19 immediately and shall be promulgated as an emergency rule as provided in R.S.
20 49:953 R.S. 49:953.1.
21	*          *          *
22 Section 6.  R.S. 30:2019(C) and (D)(2)(d), 2019.1(E), and 2022(B)(3) are hereby
23 amended and reenacted to read as follows:
24 §2019. Promulgation of rules and regulations
25	*          *          *
26	C. Except for R.S. 49:953(B)(1) R.S. 49:953.1, promulgation of rules or
27 regulations requiring a permit, license, or compliance schedule of a previously
28 unregulated industry or practice shall not be initiated prior to a public hearing being
29 held. Such hearing shall be held in accordance with the Administrative Procedure
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1 Act.
2	D.	*          *          *
3	(2) Subparagraph (1)(b) of this Subsection shall not apply to any rule that
4 meets any of the following criteria:
5	*          *          *
6	(d) Is an emergency rule under R.S. 49:953(B) R.S. 49:953.1.
7	*          *          *
8 §2019.1.  Promulgation of rules and regulations affecting agriculture
9	*          *          *
10	E. Unless an emergency is initially declared by the governor and action is
11 taken as provided for in R.S. 49:953(B)(1) R.S. 49:953.1, no rule, regulation, or
12 permit fee may be adopted, amended, or repealed which affects the agriculture
13 industry unless statements from the secretary of the department, the chancellor, and
14 the commissioner of agriculture and forestry accompany the rule, regulation, or
15 permit fee which outline their individual opinions on the issues of whether the rule,
16 regulation, or permit fee is justified, practical, and worthy of implementation, and
17 public hearings have been held in accordance with the Administrative Procedure Act.
18 Such statements from the secretary of the department, the chancellor, and the
19 commissioner of agriculture and forestry shall be provided to the appropriate
20 legislative oversight committee by the respective official. The failure of an official
21 to provide a statement shall constitute support for the rule, regulation, or permit fee.
22	*          *          *
23 §2022. Permit applications and variance requests; notification
24	*          *          *
25	B.	*          *          *
26	(3) Applications undergoing technical review shall not be subject to rule
27 changes which occur during the technical review unless such changes are made in
28 accordance with R.S. 49:953(B)(1) R.S. 49:953.1 or are required by federal law or
29 regulation to be incorporated prior to permit issuance. However, such a rule change
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1 made prior to the issuance of the permit may constitute grounds for a modification
2 of the final permit.
3	*          *          *
4 Section 7.  R.S. 32:415.2(D)(1) is hereby amended and reenacted to read as follows:
5 §415.2.  Operating vehicle while under suspension or revocation; removal of license
6	plate
7	*          *          *
8	D.(1) The Department of Public Safety and Corrections, public safety
9 services, shall promulgate rules and regulations for implementation of the provisions
10 of this Section. Once the department has published the notice of intent to adopt the
11 permanent rules in the Louisiana Register, and the period for public comment has
12 expired, the department is authorized to adopt the proposed rule as an emergency
13 rule to expedite the enforcement of this Section subject to legislative oversight as
14 provided in R.S. 49:968, and 953, and 953.1.
15	*          *          *
16 Section 8.  R.S. 34:851.14.1(B) is hereby amended and reenacted to read as follows:
17 §851.14.1. Closure of waterways
18	*          *          *
19	B. Any such closure or restricted use shall be made by an order issued by the
20 secretary in the same manner as issuance of an emergency rule as provided in R.S.
21 49:953(B) R.S. 49:953.1. Such order shall be subject to oversight by the House
22 Committee on Natural Resources and Environment and the Senate Committee on
23 Natural Resources in accordance with R.S. 49:953(B) R.S. 49:953.1. The order
24 authorized in this Section shall specify a closure or a type of restriction, a description
25 of the area subject to the order, and the reason for the emergency action. Upon
26 issuance of any such order, no person shall operate a vessel contrary to the
27 provisions of the order.
28	*          *          *
29 Section 9.  R.S. 36:254(D)(1)(a)(i) is hereby amended and reenacted to read as
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1 follows:
2 §254. Powers and duties of the secretary of the Louisiana Department of Health
3	*          *          *
4	D.(1)(a)(i) The secretary shall direct and be responsible for the Medical
5 Assistance Program, Title XIX of the Social Security Act, including eligibility
6 determination and those health planning and resource development functions as are
7 permissible under provisions of Title XIX of the Social Security Act, Title XXI of
8 the Social Security Act, and R.S. 46:976. Any modification to the Medical
9 Assistance Program approved by waiver by the United States Department of Health
10 and Human Services, Health Care Financing Administration or its successor, that
11 provides for a managed care or voucher system shall be implemented by the
12 secretary but only after the approved plan and any modifications thereto have been
13 approved by the House and Senate committees on health and welfare and the Joint
14 Legislative Committee on the Budget. Unless approved by such committees as
15 provided in this Subparagraph, modifications to the medical assistance program as
16 provided herein shall not be considered avoidance of a budget deficit in the case of
17 medical assistance programs, shall not be considered a means of securing new or
18 enhanced federal funding in medical assistance programs, and shall not be
19 considered necessary to avoid imminent peril to the public health, safety, or welfare;
20 such modification shall not be promulgated as emergency rules under the provisions
21 of R.S. 49:953(B) R.S. 49:953.1 unless approved by such committees.
22	*          *          *
23 Section 10.  R.S. 40:5.3(E), 962(H), 2008.10(B), and 2136(B) are hereby amended
24 and reenacted to read as follows:
25 §5.3. Molluscan shellfish sanitation requirements; opening and closing of molluscan
26	shellfish growing areas; adoption of guidelines to regulate molluscan
27	shellfish industry; authority to collect samples for bacteriological
28	analysis; testing of oysters; Calcasieu Lake
29	*          *          *
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1	E. The purpose of this Section is to develop guidelines to govern and regulate
2 the shellfish industry to ensure that the final shellfish product is safe and wholesome.
3 The Louisiana Department of Health shall enforce the requirements for classification
4 of shellfish growing areas and for certifying, processing, and distributing shellfish,
5 which requirements are contained in Louisiana Administrative Code Title 51, Part
6 IX and promulgated under the provisions of R.S. 49:953(B) R.S. 49:953.1.
7	*          *          *
8 §962. Authority to control
9	*          *          *
10	H. If the scheduling of a substance in Schedule I is necessary to avoid an
11 imminent peril to the public health, safety, or welfare, the secretary may adopt an
12 emergency rule adding the substance to Schedule I pursuant to R.S. 49:953(B) R.S.
13 49:953.1. In determining whether the substance poses an imminent peril to the public
14 health, safety, or welfare, the secretary shall consider the factors set forth in
15 Paragraphs (C)(4), (5), and (6) of this Section.
16	*          *          *
17 §2008.10.  Therapeutic group homes licensed by the Louisiana Department of
18	Health; state central registry of child abuse and neglect; criminal
19	background checks
20	*          *          *
21	B.  The Louisiana Department of Health may adopt rules and regulations in
22 accordance with the Administrative Procedure Act to implement the provisions of
23 this Section, including requirements and provisions for utilizing the criminal history
24 information. The department may utilize the process provided in R.S. 49:953(B) R.S.
25 49:953.1 for adoption of the rule.
26	*          *          *
27 §2136. Rules; regulations; minimum standards
28	*          *          *
29	B. Notwithstanding the provisions of R.S. 49:953(B)(1) R.S. 49:953.1, or any
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1 other law, rule, or regulation, the licensing agency shall establish rules, regulations,
2 and minimum standards for the licensing of ambulatory surgical centers as defined
3 in R.S. 40:2133(A) by adopting emergency rules in accordance with the
4 Administrative Procedure Act.
5	*          *          *
6 Section 11.  R.S. 49:953(E)(1) and (G)(3)(d) and 954(B) are hereby amended and
7 reenacted and R.S. 49:953.1 is hereby enacted to read as follows:
8 §953. Procedure for adoption of rules; agency rule review
9	*          *          *
10	E.(1) No agency shall adopt, amend, or repeal any rule if the accompanying
11 fiscal and economic impact statement approved by the Legislative Fiscal Office
12 indicates that the rule change would result in any increase in the expenditure of state
13 funds, unless the rule is adopted as an emergency rule pursuant to the requirements
14 of this Section R.S. 49:953.1 or unless the legislature has specifically appropriated
15 the funds necessary for the expenditures associated with the rule change.
16	*          *          *
17	G.(1)
18	*          *          *
19	(3) This provision shall not apply in those cases where the policy, standard,
20 or regulation:
21	*          *          *
22	(d) Is an emergency rule under Subsection B of this Section R.S. 49:953.1.
23	*          *          *
24 §953.1. Emergency rulemaking
25	A.(1) In extraordinary circumstances an agency may adopt an
26 emergency rule as an alternative to the rulemaking provisions provided for in
27 R.S. 49:953. An emergency rule may be adopted by an agency without prior
28 notice or a public hearing if any of the following provisions apply:
29	(a) To prevent imminent peril to the public health, safety, or welfare.
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1	(b) To avoid sanctions or penalties from the United States.
2	(c) To avoid a budget deficit in the case of the medical assistance
3 program.
4	(d) To secure new or enhanced federal funding.
5	(2)  Within five days of adoption of an emergency rule, the agency must
6 state in writing the specific provision or provisions of Paragraph (1) of this
7 Subsection it is citing as cause for emergency rulemaking. The agency statement
8 shall include specific facts and detailed reasoning for emergency rulemaking in
9 order to satisfy the criteria for an emergency rule. It shall not be considered an
10 emergency if the agency is acting in the normal course and scope of fulfilling its
11 mission, failed to take necessary steps in the administration of the agency to
12 avoid an emergency, is promulgating rules to implement an Act of the
13 legislature unless the Act specifically directed the agency to proceed with
14 emergency rulemaking, or is perpetually republishing existing emergency rules.
15	(3) Subject to applicable constitutional or statutory provisions, an
16 emergency rule shall become effective on the date of its adoption, or on a date
17 specified by the agency to be not more than sixty days from the date of its
18 adoption, provided written notice is given as required by Subsection B of this
19 Section.
20	(4) An emergency rule shall not remain in effect beyond the publication
21 date of the Louisiana Register published in the month following the month in
22 which the emergency rule is adopted, unless the emergency rule and the reasons
23 for adoption are published in that issue. An emergency rule shall not be
24 effective for a period longer than one hundred twenty days.
25	(5) No emergency rule may be repromulgated by an agency more than
26 two consecutive times unless the agency is operating under a state or federal
27 declaration of disaster or a state or federal public health emergency. However,
28 the adoption of an identical rule under R.S. 49:953(A)(1), (2), and (3) is not
29 precluded.
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1	B.(1) The agency statement required in Subsection (A)(2) of this Section
2 shall be submitted to the governor of the state of Louisiana, the attorney general
3 of Louisiana, the speaker of the House of Representatives, the president of the
4 Senate, and the Office of the State Register at their respective offices by
5 electronic transmission if such means are available. If electronic means are not
6 available, the agency statement shall be submitted by certified mail with return
7 receipt requested or by messenger who shall provide a receipt for signature. The
8 return receipt, the receipt for signature, or the electronic confirmation receipt
9 shall be proof of receipt of the agency statement by the respective offices.
10	(2) Within five days of adoption of the emergency rule, the agency shall
11 mail a copy of the emergency rule to all persons who have made timely request
12 of the agency for notice of rule changes.
13	(3) The Office of the State Register may omit from the Louisiana
14 Register any emergency rule which would be unduly cumbersome, expensive,
15 or otherwise inexpedient to print, if the emergency rule in printed or processed
16 form is made available on application to the adopting agency, and if the
17 Louisiana Register contains a notice stating the general subject matter of the
18 omitted emergency rule, the reasons for the finding of the emergency submitted
19 by the agency, and how a copy may be obtained.
20	C. The validity of an emergency rule may be determined in an action for
21 declaratory judgment in the district court of the parish in which the agency is
22 located. The agency shall be made a party to the action. An action for a
23 declaratory judgment under this Section may be brought only by a person to
24 whom such emergency rule is applicable or who would be adversely affected by
25 such emergency rule and only on the grounds that the emergency rule does not
26 meet the criteria for adoption of an emergency rule as provided in Paragraph
27 (A)(1) of this Section. The court shall declare the emergency rule invalid if it
28 finds that there is not sufficient evidence that such emergency rule must be
29 adopted on an emergency basis for one or more of the reasons for adoption of
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SLS 21RS-376	ORIGINAL
1 an emergency rule as provided in Paragraph (A)(1) of this Section.
2 Notwithstanding any provision of law to the contrary, the emergency rule shall
3 remain in effect until such declaratory judgment is rendered. The provisions of
4 R.S. 49:963 shall not apply to any action brought pursuant to this Section. The
5 provisions of this Section are in addition to R.S. 49:963 and shall not limit any
6 action pursuant to R.S. 49:963.
7	D.(1) Within sixty days after receipt of the emergency rule and agency
8 statement required in Paragraph (A)(2) of this Section by the presiding officer
9 of either the House of Representatives or the Senate, an oversight subcommittee
10 of either house may individually or jointly conduct a hearing to review the
11 emergency rule and make a determination of whether the emergency rule meets
12 the criteria for an emergency rule set forth in Paragraph (A)(1) of this Section.
13 The oversight committee shall also determine whether the agency complied with
14 the following rulemaking provisions:
15	(a) Whether the emergency rule is in conformity with the intent and
16 scope of the enabling legislation purporting to authorize the emergency rule.
17	(b) Whether the emergency rule is in conformity and not contrary to all
18 applicable provisions of law and of the constitution.
19	(c) The advisability or relative merit of the emergency rule.
20	(d) Whether the emergency rule is acceptable or unacceptable to the
21 oversight subcommittee.
22	(2)(a) If within sixty days after receipt of the emergency rule and agency
23 statement required in Paragraph (A)(2) of this Section either the House or
24 Senate oversight committee determines that an emergency rule is unacceptable,
25 the respective subcommittee shall provide a written report which contains the
26 following:
27	(i) A copy of the emergency rule.
28	(ii) A summary of the determinations made by the oversight committee
29 in accordance with Paragraphs (A)(1) and (D)(1) of this Section.
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1	(b) The written report shall be delivered to the governor, the agency
2 proposing the rule change, and the Louisiana Register no later than four days
3 after the oversight committee makes its determination.
4	(3) If an emergency rule is determined to be unacceptable by an
5 oversight committee, the agency shall not propose a rule change or emergency
6 rule that is the same or substantially similar to the disapproved emergency rule
7 within four months after issuance of a written report by the subcommittee
8 issued pursuant to this Subsection, nor more than once during the interim
9 between regular sessions of the legislature.
10	E. Within sixty days after adoption of an emergency rule, the governor
11 may review such emergency rule and make the determinations as provided in
12 Subsection D of this Section. If within this time period the governor finds an
13 emergency rule unacceptable, he shall prepare a written report as provided in
14 Subsection (D)(2) of this Section and transmit copies to the agency proposing
15 the emergency rule and the Louisiana Register no later than four days after the
16 governor makes his determination.
17	F. Upon receipt by the agency of a report issued by the oversight
18 committee or the governor finding an emergency rule unacceptable, the
19 emergency rule shall be nullified and shall be without effect. The governor shall
20 have no authority to disapprove the action taken on an emergency rule by the
21 oversight committee.
22 §954. Filing; taking effect of rules
23	*          *          *
24	B.(1) Each rule hereafter adopted shall be effective upon its publication in the
25 Louisiana Register, said publication to be subsequent to the act of adoption, except
26 that:
27	(1) If if a later date is required by statute or specified in the rule, the later day
28 is the effective date.
29	(2) Subject to applicable constitutional or statutory provisions, an emergency
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1 rule shall become effective on the date of its adoption, or on a date specified by the
2 agency to be not more than sixty days future from the date of its adoption, provided
3 written notice is given within five days of the date of adoption to the governor of
4 Louisiana, the attorney general of Louisiana, the speaker of the House of
5 Representatives, the president of the Senate, and the Office of the State Register as
6 provided in R.S. 49:953(B). Such emergency rule shall not remain in effect beyond
7 the publication date of the Louisiana Register published in the month following the
8 month in which the emergency rule is adopted, unless such rule and the reasons for
9 adoption thereof are published in that issue; however, any emergency rule so
10 published shall not be effective for a period longer than one hundred twenty days,
11 but the adoption of an identical rule under R.S. 49:953(A)(1), (2), and (3) is not
12 precluded. The agency shall take appropriate measures to make emergency rules
13 known to the persons who may be affected by them. An emergency rule shall be
14 considered effective pursuant to the provisions of R.S. 49:953.1.
15 Section 12.  R.S. 56:6.1(B) is hereby amended and reenacted to read as follows:
16 §6.1. Emergency closure of hunting or fishing seasons; rules and regulations;
17	prohibitions; penalties
18	*          *          *
19	B. Any such closure shall be made by an order issued by the secretary in the
20 same manner as the issuance of an emergency rule as provided in R.S. 49:953(B)
21 R.S. 49:953.1. The closure order authorized in this Section shall include a
22 description of the area subject to the closure, indication of the species of fish or
23 wildlife covered by such order, and the reasons for the closure. In addition, the order
24 may include restrictions on hunting or fishing times, bag or creel limits, and harvest
25 restrictions and may alter season opening and closing dates. Upon the issuance of
26 any such order, the possession, sale, barter, trade, or exchange of, or the attempt to
27 possess, sell, barter, trade, or exchange, any species of fish or wildlife contrary to the
28 provisions of the order is prohibited.
29	*          *          *
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1 Section 13. R.S. 49:953(B) is hereby repealed.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 136 Original 2021 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 an agency
more than two consecutive times unless the agency is operating under a state or federal
declaration of disaster or a state or federal public health emergency.
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 once an oversight committee issues a written report determining
an emergency rule is unacceptable, the agency is prohibited from proposing the same or
similar emergency rule within four months, nor more than once during the interim between
regular sessions of the legislature. 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.
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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.
Proposed law makes technical changes to correlating statutes in present law.
Effective August 1, 2021.
(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))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.