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. 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. 136 SLS 21RS-376 ORIGINAL 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 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. 136 SLS 21RS-376 ORIGINAL 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 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. 136 SLS 21RS-376 ORIGINAL 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 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. 136 SLS 21RS-376 ORIGINAL 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 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. 136 SLS 21RS-376 ORIGINAL 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 * * * 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. 136 SLS 21RS-376 ORIGINAL 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 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. 136 SLS 21RS-376 ORIGINAL 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. 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. 136 SLS 21RS-376 ORIGINAL 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. 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. 136 SLS 21RS-376 ORIGINAL 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 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. 136 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. 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. 136 SLS 21RS-376 ORIGINAL 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 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. 136 SLS 21RS-376 ORIGINAL 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 * * * 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. 136 SLS 21RS-376 ORIGINAL 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. 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. 136 SLS 21RS-376 ORIGINAL 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)) Page 15 of 15 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.