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 Original 2023 Regular Session Wright
Abstract: Requires an agency to identify two agency rules to repeal 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.
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.
Proposed law further requires an agency proposing to adopt a new rule to, at the same time, identify
and give notice of its intention to repeal two rules of the agency. 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. Effective Jan. 8, 2024.
(Amends R.S. 49:961(A)(1) and (2)(a); Adds R.S. 49:966(O))