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SENATE SUMMARY OF HOUSE AMENDMENTS
SB 136 2021 Regular Session Fred Mills
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
ADMINISTRATIVE PROCEDURE. Provides for promulgation of emergency rules
in accordance with the Administrative Procedure Act. (8/1/21)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Adds authority to adopt emergency rule without notice in order to administer
the law relating to the imposition, collection, or administration of taxes when
required due to time constraints related to congressional legislative, or
judicial actions.
2. Makes technical changes.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
DIGEST
SB 136 Reengrossed 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 provides that in extraordinary circumstances, an emergency rule may be
adopted without notice or a public hearing under the following circumstances.
(a) To prevent imminent peril to the public health, safety, or welfare.
(b) To avoid sanctions or penalties from the United States.
(c) To avoid a budget deficit in the case of the medical assistance program.
(d) To secure new or enhanced federal funding.
(e) To effectively administer the law relating to the imposition, collection, or
administration of taxes when required due to time constraints related to congressional
legislative, or judicial actions.
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 continually republish
existing emergency rules.
Proposed law provides that no identical emergency rule shall be adopted by an agency more
than two consecutive times unless the agency is operating under a state or federal declaration
of disaster, state or federal public health emergency, or ongoing 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, 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
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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 subcommittee 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 subcommittee 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 subcommittee 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
subcommittee 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
subcommittee 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. 49:951(8) and 953.1;
repeals R.S. 49:953(B))
______________________
Thomas L. Tyler
Deputy Chief of Staff
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