GREEN SHEET REDIGEST
HB 221 2023 Regular Session Wright
ADMINISTRATIVE PROCEDURE. Provides relative to rulemaking and oversight
pursuant to the Administrative Procedure Act.
DIGEST
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.
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 of 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.
(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.
Page 1 of 2
Prepared by Matt Deville. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the reengrossed bill
1. Make technical changes.
2. Remove provisions requiring an agency other than the State Board of Elementary
and Secondary Education or a professional licensing board proposing to adopt a
new rule to identify two rules that may be repealed or revised.
Page 2 of 2
Prepared by Matt Deville.