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 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))