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.
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))