HLS 23RS-132 REENGROSSED
2023 Regular Session
HOUSE BILL NO. 221
BY REPRESENTATIVE WRIGHT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ADMINISTRATIVE PROCEDURE: Provides relative to rulemaking and oversight
pursuant to the Administrative Procedure Act
1 AN ACT
2To amend and reenact R.S. 49:961(A)(1) and (2)(a) and to enact R.S. 49:966(O), relative to
3 the Administrative Procedure Act; to provide for the procedure for adoption of rules;
4 to provide relative to legislative oversight of rules; to provide for effectiveness; and
5 to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 49:961(A)(1) and (2)(a) are hereby amended and reenacted and R.S.
849:966(O) is hereby enacted to read as follows:
9 §961. Procedure for adoption of rules
10 A.(1)(a) An agency shall give notice of its intention to adopt, amend, or
11 repeal any rule and a copy of the proposed rules at least ninety days prior to taking
12 action on the rule.
13 (b) If an agency, other than the State Board of Elementary and Secondary
14 Education or a professional licensing board or commission, is proposing to adopt a
15 new rule, the agency shall at the same time identify two rules of the agency that may
16 be repealed or revised.
17 (2) The notice shall include all of the following:
18 (a)(i) A statement by the agency clearly describing the proposed action being
19 taken.
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HB NO. 221
1 (ii) If the proposed action by an agency other than the State Board of
2 Elementary and Secondary Education or a professional licensing board or
3 commission is the adoption of a new rule, a statement by the agency identifying the
4 two rules the agency may repeal or revise.
5 * * *
6 §966. Review of agency rules; fees
7 * * *
8 O. Each presiding officer of the legislature may establish a select committee
9 on oversight for his house of the legislature. If established, the select committee on
10 oversight of that house of the legislature may exercise the same power and authority
11 granted under the provisions of this Section to a standing committee of that house
12 of the legislature or to an oversight subcommittee of a standing committee of that
13 house of the legislature if the chairman of the standing committee or oversight
14 subcommittee notifies the select committee no later than the seventh day of the
15 committee's oversight period that his committee will not hold a hearing on the
16 proposal.
17 Section 2. This Act shall become effective on January 8, 2024.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 221 Reengrossed 2023 Regular Session Wright
Abstract: Requires an agency, excluding BESE and any professional licensing board or
commission, to identify two agency rules that it may repeal or revise at the same
time it proposes to adopt a new rule and grants to a select committee on oversight of
a house of the legislature the same power and authority regarding review of agency
rules granted to the standing committees and any oversight subcommittee thereof if
notified by the chairman of that committee that the standing committee or oversight
subcommittee this his committee will not hold a hearing on a proposal.
Present law, the Administrative Procedure Act, establishes procedures for the adoption of
rules by executive branch agencies.
Present law provides that prior to the adoption, amendment, or repeal of any rule, the agency
shall give notice of its intended action and specifies the content of the notice.
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HB NO. 221
Proposed law further requires an agency other than the State Bd. of Elementary and
Secondary Education (BESE) or a professional licensing board or commission proposing to
adopt a new rule to, at the same time, identify and give notice of two rules of the agency that
may be repealed or revised. Requires the agency to identify the two rules in its notice of
intent for the proposed new rule.
Present law with respect to regular rule making, includes requirements that the agency
submit a report including the notice of intended action to the appropriate standing committee
of the legislature and the presiding officers of the respective houses on the same day the
notice is submitted to the La. Register for publication and a subsequent report that includes
public comments on the rule and any revisions of the proposed rule change since the initial
report. Further requires each agency to submit an annual report of rule making activities to
the appropriate oversight committee no later than 30 days prior to the beginning of each
regular session.
Present law specifies the standing committees of the legislature with oversight over rules
from specific agencies and provides for the presiding officers to determine those not
specified. Requires the chairman of each standing committee to which reports are submitted
to appoint an oversight subcommittee and authorize the oversight subcommittee to conduct
hearings of all rules proposed for adoption, amendment, or repeal. Provides procedures and
time periods with respect thereto. Present law further specifies that a standing committee
may, at any time, exercise the powers granted to an oversight subcommittee.
Proposed law provides that each presiding officer of the legislature may establish a select
committee on oversight for his house of the legislature that, if established, may exercise the
same power and authority granted under the provisions present law to a standing committee
or to an oversight subcommittee of a standing committee of that house of the legislature if
the chairman of the standing committee or oversight subcommittee notifies the select
committee no later than the seventh day of the committee's oversight period that his
committee will not hold a hearing on the proposal.
Effective Jan. 8, 2024.
(Amends R.S. 49:961(A)(1) and (2)(a); Adds R.S. 49:966(O))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Require an agency to identify two rules that it may repeal or revise rather than
requiring an agency to repeal two rules for each new rule it proposes.
2. Limit a select committee's oversight authority to cases where it receives
notification from the chairman of the standing committee or oversight
subcommittee that his committee will not hold a hearing on the proposal.
The House Floor Amendments to the engrossed bill:
1. Exclude BESE and professional licensing boards and commissions from
requirement to identify two rules to repeal or revise for each new rule being
proposed.
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CODING: Words in struck through type are deletions from existing law; words underscored
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