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.
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to, at the same time, identify and give notice of two rules of the agency that may be repealed or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.