SLS 25RS-248 ORIGINAL
2025 Regular Session
SENATE BILL NO. 59
BY SENATOR REESE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ADMINISTRATIVE PROCEDURE. Provides for fiscal and economic impact statements
under the Administrative Procedure Act. (8/1/25)
1 AN ACT
2 To amend and reenact R.S. 49:961(A)(2)(b), the introductory paragraph of R.S.
3 49:962(D)(1), and 962(E) and to enact R.S. 49:961(E)(4) and 962(B)(1)(d), relative
4 to the Administrative Procedures Act; to provide for statements of fiscal and
5 economic impact; to provide for approval of appropriations by certain subject matter
6 committees; to provide for procedures for emergency rules with a fiscal impact
7 between certain dollar limits over; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 49:961(A)(2)(b), the introductory paragraph of R.S. 49:962(D)(1),
10 and 962(E) are hereby amended and reenacted and R.S. 49:961(E)(4) and 962(B)(1)(d) are
11 hereby enacted to read as follows:
12 §961. Procedure for adoption of rules
13 A.(1) * * *
14 (2) The notice shall include all of the following:
15 * * *
16 (b) A statement by the legislative fiscal office on whether the proposed action
17 will result in a of the proposed action's fiscal impact.
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words in boldface type and underscored are additions. SB NO. 59
SLS 25RS-248 ORIGINAL
1 * * *
2 E.(1) * * *
3 (4) Any proposed rule for which the legislative fiscal office determines
4 will result in the expenditure of state funds or an economic impact involving
5 costs to regulated entities estimated at two hundred thousand dollars per year
6 or more or one million dollars over five years or more shall not take effect
7 unless the appropriate house and senate subject matter committee of
8 jurisdiction, meeting separately or jointly, approves the rule.
9 * * *
10 §962. Emergency rulemaking
11 * * *
12 B.(1) No later than five days after the adoption of an emergency rule, the
13 agency shall provide notice in writing of its emergency action along with a copy of
14 the emergency rule. The notice shall contain, at a minimum, all of the following:
15 * * *
16 (d) A statement by the legislative fiscal office of the proposed rule's
17 estimated financial and economic impact.
18 * * *
19 D.(1) Within sixty days after receipt of the emergency rule and agency notice
20 required in Subsection B of this Section by the presiding officer of either the House
21 of Representatives or the Senate, an oversight subcommittee of either house may
22 individually or jointly conduct a hearing to review the emergency rule and make a
23 determination of whether the emergency rule meets the criteria for an emergency
24 rule set forth in Subsection A of this Section. The appropriate house or senate
25 subject matter committee of jurisdiction, meeting separately or jointly, shall
26 conduct a hearing to review emergency rules for which the legislative fiscal
27 office determines will result in the expenditure of state funds or an economic
28 impact involving costs to regulated entities estimated at two hundred thousand
29 dollars or more per year or one million dollars or more over five years. The
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words in boldface type and underscored are additions. SB NO. 59
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1 oversight subcommittee shall also make the following determinations:
2 * * *
3 E. Within sixty days after adoption of an emergency rule, the governor may
4 review such emergency rule and make the determinations as provided in Subsection
5 D of this Section. If within this time period the governor finds an emergency rule
6 unacceptable, he shall prepare a written report as provided in Paragraph (D)(2) of
7 this Section and transmit copies to the agency proposing the emergency rule and the
8 Louisiana Register no later than four days after the governor makes his
9 determination.
10 (1) Consistent with the limitations on emergency powers of the governor
11 or other executive or administrative officials in the state, proposed emergency
12 rules for which the legislative fiscal office determines will result in the
13 expenditure of state funds or an economic impact involving costs to regulated
14 entities estimated at two hundred thousand dollars per year or one million
15 dollars or more over five years may go into effect for the duration of the
16 emergency if the governor publishes a statement with the rule:
17 (a) Explaining why an emergency exists that requires an earlier effective
18 date for the rule, or why a federal requirement or federal funding requires an
19 earlier effective date.
20 (b) Explaining why the issuance of the rule otherwise complies with
21 emergency powers, statutes and limitations or is required by federal law or for
22 federal funding.
23 (2) The appropriate house and senate subject matter committee of
24 jurisdiction, meeting separately or jointly, shall meet within sixty days to
25 approve the proposed emergency rule for which the legislative fiscal office
26 determines will result in the expenditure of state funds estimated at two
27 hundred thousand dollars or more per year or one million dollars or more over
28 five years at its next regular meeting.
29 * * *
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, 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)]
DIGEST
SB 59 Original 2025 Regular Session Reese
Present law relative to the Administrative Procedures Act, provides for the information
required to be included in a notice to adopt, amend, or repeal any rule. Further provides that
a statement by the legislative fiscal office shall include whether the proposed action will
result in a fiscal impact.
Proposed law retains present law but provides that the legislative fiscal office shall provide
a statement of the proposed action's fiscal impact.
Proposed law provides a requirement that if a proposed rule will result in the expenditure of
state funds or an economic impact involving costs to regulated entities estimated at $200,000
per year or more to $1 million over five years or more shall not take effect unless first
approved by the appropriate house and senate subject matter committees.
Present law provides for the notice requirements for an agency that has promulgated an
emergency rule.
Proposed law retains present law but requires an additional notice requirement of a statement
by the legislative fiscal office of the proposed rule's estimated financial and economic
impact.
Present law provides that within 60 days of receipt of the proposed emergency rule that the
presiding officer of either the house or senate may convene an oversight committee either
individually or jointly to conduct a hearing to review the emergency rule and make a
determination of whether the emergency rule satisfies the emergency rule criteria.
Proposed law retains present law but requires that the house or senate subject matter
committee shall conduct a hearing to review emergency rules for which the legislative fiscal
office determines will result in expenditures of state funds or an economic impact involving
costs to regulated entities at $200,000 or more per year or $1 million or more over five years.
Present law provides that within 60 days of a proposed emergency rule being adopted that
the governor may review the rule and if he finds it unacceptable he shall prepare a written
report and send copies to the Louisiana Register no later than four days after the governor
makes his determination.
Proposed law retains present law but provides that when the legislative fiscal office has
determined that the rule will result in expenditures of state funds or an economic impact of
$200,000 or more per year or $1 million or more over five years that if the governor prepares
a written report that he shall explain why the emergency exists that requires an earlier
effective date or why a federal requirement or federal funding requires an earlier effective
date, and why the issuance of the rule complies with existing powers, statutes and limitations
or is required by federal law or funding.
Effective August 1, 2025.
(Amends R.S. 49:961(A)(2)(b), 962(D)(1)(intro para), and 962(E); adds R.S. 49:961(E)(4)
and 962(B)(1)(d))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.