HLS 24RS-529 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 180
BY REPRESENTATIVE WRIGHT
ADMINISTRATIVE PROCEDURE: Requires legislative oversight committees to hold
hearings on proposed rules
1 AN ACT
2To amend and reenact R.S. 49:966(D)(1)(a) and (L) and to repeal R.S. 49:966(E)(2), relative
3 to the Administrative Procedure Act; to provide relative to legislative oversight; to
4 require oversight hearings; to provide relative to the validity of rules; to provide for
5 application and effectiveness; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 49:966(D)(1)(a) and (L) are hereby amended and reenacted to read
8as follows:
9 ยง966. Review of agency rules; fees
10 * * *
11 D.(1)(a) The chairman of each standing committee to which reports are
12 submitted shall appoint an oversight subcommittee, which may shall conduct
13 hearings on all rules that are proposed for adoption, amendment, or repeal and on all
14 proposed fee adoptions, increases, or decreases. Any The oversight subcommittee
15 hearing shall be conducted after any hearing is conducted by the agency pursuant to
16 R.S. 49:961.
17 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-529 ORIGINAL
HB NO. 180
1 L. After submission of the report required by Subsection K of this Section
2 to the standing committee, a public hearing may shall be held by the committee for
3 the purpose of reviewing the report with representatives of the agency.
4 * * *
5 Section 2. R.S. 49:966(E)(2) is hereby repealed in its entirety.
6 Section 3. The provisions of this Act shall apply to rules proposed for adoption,
7amendment, or repeal and in a notice of intent published in the Louisiana Register on and
8after March 20, 2024.
9 Section 4. This Act shall become effective upon signature by the governor or, if not
10signed by the governor, upon expiration of the time for bills to become law without signature
11by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
12vetoed by the governor and subsequently approved by the legislature, this Act shall become
13effective on the day following such approval.
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 180 Original 2024 Regular Session Wright
Abstract: Requires oversight committees of the legislature to hold hearings on proposed
rules and on annual rulemaking reports by agencies. Removes provision that
specifies that the failure of a subcommittee to conduct a hearing or to make a
determination regarding any rule proposed for adoption, amendment, or repeal shall
not affect the validity of a rule.
Present law, the Administrative Procedure Act (APA), 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
rulemaking, 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 rulemaking activities to the appropriate oversight committee
no later than 30 days prior to the beginning of each regular session. Authorizes the
committee to hold a hearing on the report for the purposes of reviewing the report with the
agency.
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
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-529 ORIGINAL
HB NO. 180
to appoint an oversight subcommittee and authorizes the oversight subcommittee to conduct
hearings on 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. Further
authorizes each presiding officer to 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.
Proposed law removes present law provision that specifies that the failure of a subcommittee
to conduct a hearing or to make a determination regarding any rule proposed for adoption,
amendment, or repeal shall not affect the validity of a rule otherwise adopted in compliance
with present law APA.
Proposed law further requires an oversight subcommittee to conduct hearings of all rules
proposed for adoption, amendment, or repeal and additionally requires a standing committee
to hold a hearing on an agency's annual rulemaking report for the purposes of reviewing the
report with the agency.
Specifies that proposed law applies to rules proposed for adoption, amendment, or repeal and
in a notice of intent published in the La. Register on and after March 20, 2024.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 49:966(D)(1)(a) and (L); Repeals R.S. 49:966(E)(2))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.