reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:665. Federal review section of the division of administration; creation; assistant commissioner; functions

RS 49:665 - Federal review section of the division of administration; creation; assistant commissioner; functions
A. The federal review section is hereby created and established in the division of administration in the office of the governor.
B. The commissioner of administration shall appoint an assistant commissioner for federal review who shall serve as an assistant to the commissioner on matters related to federal grant programs. The assistant commissioner shall appoint such other personnel as may be deemed necessary to carry out the functions of the office.
C. The governor is hereby authorized to transfer from any department of the executive branch of state government to the division of administration such personnel whose responsibilities entail the identification, analysis, or monitoring of federal programs and such related clerical personnel as he deems necessary and proper to carry out the provisions of this Section. Persons transferred hereunder shall be employees of the division of administration.
D. The functions of the federal review section of the division of administration shall include the following and such other functions related to the participation of state agencies or political subdivisions of the state in federal programs as the commissioner may assign:
(1) Reviewing and analyzing all federal grant applications by state agencies or political subdivisions of the state in an effort to determine the overall dependence of state government on federal grant programs, the feasibility of implementation of federal programs, the consequences to the state of dependence on federal funds, the limitations placed on state programs by federal grant requirements, and any other impact that participation by state agencies or political subdivisions of the state in federal grant programs may have on the state.
(2) Receiving, analyzing, and maintaining information with respect to action taken by the federal government or its agencies on applications by state agencies for federal grant assistance.
(3) Responding to requests by the governor or legislative bodies on matters related to this Section.
(4) Making timely reports to the commissioner of administration who shall forward such reports to the governor, the joint legislative committee on the budget or its successor, and the legislative fiscal office on any federal grant application that may result in the duplication of programs, additional expense to state government, competition among state agencies for funding assistance, or conflict with state policy.
(5) Periodically reporting on the findings of analyses to the legislature and the governor. Such reports shall include recommendations directed toward maximizing the benefits of participation by the state through its agencies and political subdivisions in federal grant programs.
Acts 1978, No. 724, §1, eff. Oct. 1, 1978. Amended by Acts 1981, No. 674, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:671. Purpose

RS 49:671 - Purpose
It is the purpose of this Chapter to prohibit discrimination on the basis of race, sex, religion, and age in the delivery of services financed with federal funds available to the state in the form of block grants wherein the federal government gives the state wide discretion regarding the purpose for which and manner of expenditure of the funds. It is also the purpose of this Chapter to ensure respect for the civil rights of beneficiaries and recipients of said block grant funds.
Added by Acts 1982, No. 386, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:673. Discrimination prohibited

RS 49:673 - Discrimination prohibited
Unless existing federal guidelines and requirements of a federal block grant provide for such, any executive agencies which receive federal block grant funds shall prepare a plan for the expenditure of the funds which prohibits discrimination on the basis of race, sex, religion, and age and ensures respect for the civil rights of program recipients. They shall present such plan, prior to implementation, at public hearings to be held at a location in each of the public service commission districts of the state and shall adopt such plan in accordance with the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950.
Added by Acts 1982, No. 386, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:852. Statement of policy

RS 49:852 - Statement of policy
Because of the possibility of attack of unprecedented size and destructiveness upon the United States, to assure continuity of government through legally constituted leadership, authority and responsibility in offices of the government of the state, in the event of such an attack, to provide for the effective operation of government during an emergency and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for emergency interim succession to state governmental offices, except that of Governor, in the event that the incumbents thereof and their deputies, assistants or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of such offices, hereinafter referred to as deputies, are unavailable to perform the duties and functions of such offices.
Acts 1963, No. 111, §2.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:853. Definitions

RS 49:853 - Definitions
Unless otherwise clearly required by the context, as used in this Chapter:
(1) "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy and his duly authorized deputy, are absent or unable to exercise the powers and discharge the duties of the office.
(2) "Emergency interim successor" means a person designated pursuant to this chapter, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the constitution and statutes, or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.
(3) "Office" includes all state offices, the powers and duties of which are defined by the constitution and statutes, except the office of governor, and except those in the legislature and the judiciary.
(4) "Attack" means any act of terrorism, attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological or biological means, or other weapons or processes.
Acts 1963, No. 111, §3; Acts 2003, No. 40, §5, eff. May 23, 2003.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:854. Emergency interim successors for state officers

RS 49:854 - Emergency interim successors for state officers
All state officers, subject to such regulations as may be issued by the governor or other official authorized under the constitution or other authority to exercise the powers and discharge the duties of the office of governor, shall, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this chapter to insure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three nor more than seven such deputies or emergency interim successors or any combination thereof, at any time. In the event that any state officer is unavailable following an attack, and in the event his deputy, if any, is also unavailable, the said powers of his office shall be exercised and said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the governor under the constitution or laws or other official authorized under the constitution or laws to exercise the powers and discharge the duties of the office of governor may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law, or an officer or his deputy or a preceding named emergency interim successor becomes available to exercise or resume the exercise of the powers and discharge the duties of his office.
Acts 1963, No. 111, §4.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:855. Formalities of taking office

RS 49:855 - Formalities of taking office
At the time of their designation, emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office.
Acts 1963, No. 111, §5.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:856. Period in which authority may be exercised

RS 49:856 - Period in which authority may be exercised
Officials authorized to act, pursuant to this chapter, as emergency interim successors are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attack upon the United States, as defined herein, has occurred. The legislature by concurrent resolution, may at any time terminate the authority of said emergency interim successors to exercise the powers and discharge the duties of office as herein provided.
Acts 1963, No. 111, §6.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:857. Removal of designees

RS 49:857 - Removal of designees
Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this chapter, including R.S. 49:856, said persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by said designating authority at any time, with or without cause.
Acts 1963, No. 111, §7.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:858. Disputes

RS 49:858 - Disputes
Any dispute concerning a question of fact arising under this Chapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the office of governor shall be adjudicated by the governor, or other official authorized under the constitution or laws to exercise the powers and discharge the duties of the office of governor and his decision shall be final.
Acts 1963, No. 111, §8.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:901. Statement of policy

RS 49:901 - Statement of policy
Because of the growing number of occupations, professions and trades which are regulated by various agencies, boards and commissions of the state of Louisiana, and because said agencies, boards and commissions use the police power of the state in their regulatory, licensing and fee-collecting activities, and because there is at present no central depository of information with respect to the activities of said agencies, it is hereby declared to be the policy of the State of Louisiana that the governor be authorized to require the various agencies, boards and commissions engaged in regulatory and licensing activities to submit information and reports in such manner as he may direct with respect to the activities and financial condition of said agencies.
Added by Acts 1966, No. 452, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:902. Definitions

RS 49:902 - Definitions
Agency, as used in this Chapter, means any agency, board, commission or other instrumentality of the State of Louisiana which is engaged in the regulation and/or licensing of any occupation, profession or trade, except those which may be directly related to the legislative or judicial branches of the state government.
Added by Acts 1966, No. 452, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:903. Authority of the governor to require information; annual review

RS 49:903 - Authority of the governor to require information; annual review
A. The governor of the State of Louisiana is hereby authorized to request and receive, in such manner and at such time as he may direct, information relating to the activities of any agency to which this Chapter applies. The request for information may include, but not necessarily be limited to the following: All rules, regulations and procedures employed by the agency; all examination requirements, standards, criteria and qualifications as conditions precedent for admission to the appropriate trade, occupation or profession; annual reports on the number of applications and the names of those admitted to practice; an accounting and report on the amount of examination, admissions and annual fees exacted for the privilege of maintaining the individual's status as one in official good standing in his trade, occupation or profession; any provisions for disciplinary actions, fines and forfeiture; and, generally, any and all written information and reports that may be of legitimate interest to the executive branch of the state government in determining whether the authority vested in such agencies by law is being exercised with proper judgment, discretion and restraint.
B. Pursuant to the authority in this Chapter, the governor shall review on an annual basis not less than twenty percent of the agencies engaged in regulatory and licensing activities. Within five years, the governor shall have reviewed all such agencies. Pursuant to the provisions of this Section, the information obtained from the annual reviews shall be made available to the public in a timely manner.
Added by Acts 1966, No. 452, §1; Acts 2018, No. 693, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:952. Construction and effect; judicial cognizance

RS 49:952 - Construction and effect; judicial cognizance
A. Nothing in this Chapter shall be held to diminish the constitutional rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law. Notwithstanding the foregoing, and except as provided in R.S. 49:954, any and all statutory requirements regarding the adoption or promulgation of rules other than those contained in R.S. 49:953, 961, 962, 965, and 966 are hereby superseded by the provisions of this Chapter and are repealed. Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to agencies and persons. Every agency is granted all authority necessary to comply with the requirements of this Chapter through the issuance of rules or otherwise.
B. If any provision of this Chapter or the application thereof is held invalid, the remainder of this Chapter or other applications of such provision shall not be affected. No subsequent legislation shall be held to supersede or modify the provisions of this Chapter except to the extent that such legislation shall do so expressly.
C. The courts of this state shall take judicial cognizance of rules promulgated in the Louisiana Register under the provisions of this Chapter.
D. Repealed by Acts 1978, No. 252, §3.
Acts 1966, No. 382, §16, eff. July 1, 1967. Amended by Acts 1979, No. 578, §§1, 2, eff. July 18, 1979; Acts 2013, No. 220, §23, eff. June 11, 2013; Acts 2014, No. 791, §18; Acts 2022, No. 663, §1; Redesignated from R.S. 49:966; Acts 2023, No. 98, §1, eff. June 6, 2023.
NOTE: Former R.S. 49:952 redesignated as R.S. 49:956 by Acts 2022, No. 663, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:954. Exemptions from provisions of Chapter

RS 49:954 - Exemptions from provisions of Chapter
A. This Chapter shall not be applicable to the Board of Tax Appeals, the Department of Revenue, with the exception of the Louisiana Tax Commission that shall continue to be governed by this Chapter in its entirety, unless otherwise specifically provided by law, and the administrator of the Louisiana Employment Security Law; however, the provisions of R.S. 49:951 (3), (5), (6), (8), and (9), 953, 956, 961, 962, 965, 966, 969, and 970 shall be applicable to the board, department, and administrator.
B.(1) The provisions of R.S. 49:966(F) and 970 shall not be applicable to any rule promulgated by the State Civil Service Commission or the Public Service Commission.
(2) The provisions of this Chapter shall not be applicable to entities created as provided in Part V of Chapter 6 of Title 34 of the Louisiana Revised Statutes of 1950.
C. The provisions of R.S. 49:968, 978.1, and 979 shall not be applicable to any rule, regulation, or order of any agency subject to a right of review under the provisions of R.S. 30:12.
D. The provisions of R.S. 49:968, 978.1, and 979 shall not apply to any rule, regulation, or policy and procedure statements issued by or for the Department of Public Safety and Corrections, corrections services, concerning:
(1) The internal management and daily operations of a correctional institute, probation and parole district office, or headquarters function.
(2) General law statements that are substantially repetitions of state or federal law.
(3) The implementation and processes for carrying out a court-ordered sentence of death and any and all matters related to the regulations for the sentence of death.
E. The provisions of R.S. 49:968, 978.1, and 979 shall apply only to the regulations and policies of the Department of Public Safety and Corrections, corrections services, that affect the substantial rights of, or administrative remedies available to, the public or any offender incarcerated in a state correctional facility or local jail facility.
Acts 1983, No. 409, §2. Acts 1984, No. 244, §1; Acts 1985, No. 869, §1, eff. July 23, 1985; Acts 1986, No. 494, §1; Acts 1990, No. 248, §1; Acts 1992, No. 53, §1; Acts 1997, No. 1172, §9, eff. June 30, 1997; Acts 1997, No. 1484, §1, eff. July 16, 1997; Acts 2010, No. 777, §3; Acts 2010, No. 889, §2; Acts 2022, No. 663, §1; Redesignated from R.S. 49:967; Acts 2023, No. 98, §1, eff. June 6, 2023.
NOTE: Former R.S. 49:954 redesignated as R.S. 49:965 by Acts 2022, No. 663, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:954.2. Repealed by Acts 2004, No. 220, §1.

RS 49:954.2 - Repealed by Acts 2004, No. 220, §1.
NOTE: See Acts 2004, No. 220, §2, relative to validity and effectiveness of certain rules, permits, and licenses.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:955. Application of Chapter to rules and fees

RS 49:955 - Application of Chapter to rules and fees
A.(1) The legislature recognizes that it is essential to the operation of a democratic government that prior to the adoption, amendment, or repeal of any rule or the adoption, increasing, or decreasing of any fee, that the provisions of this Chapter be followed, except as otherwise specifically excepted, exempted, or limited by law.
(2) The legislature further recognizes that it is essential to the operation of a democratic government that the people be made aware of all exceptions, exemptions, and limitations to this Chapter. In order to foster the people's awareness, the legislature declares that all exceptions, exemptions, and limitations to this Chapter pertaining to the adoption, amendment, or repeal of any rule or the adoption, increasing, or decreasing of any fee be cited or provided for in this Chapter or the Constitution of Louisiana.
B. The legislature further recognizes that there exist specific exceptions, exemptions, and limitations to the laws pertaining to the adoption, amendment, or repeal of any rule or the adoption, increasing, or decreasing of any fee throughout the revised statutes and codes of this state. Such exceptions, exemptions, and limitations are hereby continued in effect by incorporation into this Chapter by citation:
(1) R.S. 6:121.1(A), 121.3(A), 969.34, and 1092(F).
(2) R.S. 9:3552(C), 3556.2(A), and 3561(D)(2).
(3) R.S. 13:4202(B)(2).
(4) R.S. 18:1511.2(B).
(5) R.S. 22:1260.10(B).
(6) R.S. 27:220(C).
(7) R.S. 29:788(C).
(8) R.S. 30:4(I)(5), 918(B), and 925(A)(2) and (D).
(9) R.S. 37:1806.1(B) and 3012(B)(1).
(10) R.S. 40:5.3(B), 406(B)(1), and 600.6(A)(4)(b).
(11) R.S. 49:258(1).
(12) R.S. 51:1285(A), 1929.1(A), 2389.1(A), and 3090.
(13) R.S. 56:319(D) and 2014.
C. The legislature further recognizes that there exist provisions of law which authorize an agency to adopt, increase, or decrease a fee without specifically providing that such action shall be taken in accordance with this Chapter. Any action taken pursuant to such authorization shall be in accordance with this Chapter, unless it is specifically otherwise excepted, exempted, or limited in the Constitution of Louisiana or in law.
D. The provisions of this Chapter relative to fees shall not be applicable to a higher education management board created by Article VIII, Section 6, 7, or 7.1 of the Constitution of Louisiana.
Acts 2010, No. 775, §1, eff. June 30, 2010; Acts 2022, No. 663, §1; Redesignated from R.S. 49:967.1.
NOTE: Former R.S. 49:955 redesignated as R.S. 49:975 by Acts 2022, No. 663, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:956. Public information; adoption of rules; availability of rules and orders

RS 49:956 - Public information; adoption of rules; availability of rules and orders
Each agency which engages in rulemaking shall:
(1) File with the Office of the State Register a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests.
(2) Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available.
(3) Make available for public inspection all rules, preambles, responses to comments, and submissions and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions and publish an index of such rules, preambles, responses to comments, submissions, statements, and interpretations on a regular basis.
(4) Make available for public inspection all final orders, decisions, and opinions.
Acts 1966, No. 382, §2, eff. July 1, 1967. Amended by Acts 1978, No. 252, §1; Acts 1979, No. 578, §1, eff. July 18, 1979; Acts 1990, No. 1085, §1, eff. July 31, 1990; Acts 1993, No. 386, §1; Acts 2013, No. 220, §23, eff. June 11, 2013; Acts 2022, No. 663, §1; Redesignated from R.S. 49:952.
NOTE: Former R.S. 49:956 redesignated as R.S. 49:975.1 by Acts 2022, No. 663, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:963.1. Environmental Regulatory Code

RS 49:963.1 - Environmental Regulatory Code
The Department of Environmental Quality shall codify its rules and regulations in effect on March 1, 1992, in the Environmental Regulatory Code, and thereafter, shall update such codification of its rules and regulations on a quarterly basis. The secretary shall complete and offer for sale at cost the initial codification within one hundred and eighty days from March 1, 1992.
Acts 1991, No. 735, §2, eff. July 18, 1991; Acts 2022, No. 663, §1; Redesignated from R.S. 49:954.3.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:965. Filing; taking effect of rules

RS 49:965 - Filing; taking effect of rules
A. No rule adopted is valid unless adopted in substantial compliance with this Chapter. Each rulemaking agency shall file a certified copy of its rules with the office of the state register. No rule shall be effective, nor may it be enforced, unless it has been properly filed with the office of the state register. No rule adopted shall be effective, nor may it be enforced, unless prior to its adoption a report relative to the proposed rule change is submitted to the appropriate standing committee of the legislature or to the presiding officers of the respective houses as provided in R.S. 49:966. No rule shall be effective, nor may it be enforced, unless the approved economic and fiscal impact statements, as provided in R.S. 49:961, have been filed with the office of the state register and published in the Louisiana Register. The inadvertent failure to mail notice and statements to persons making request for such mail notice, as provided in R.S. 49:961, shall not invalidate any rule adopted hereunder. A proceeding under R.S. 49:968 to contest any rule on the grounds of noncompliance with the procedures for adoption, as given in this Chapter, must be commenced within two years from the date upon which the rule became effective.
B.(1) Each rule hereafter adopted shall be effective upon its publication in the Louisiana Register, said publication to be subsequent to the act of adoption, except that if a later date is required by statute or specified in the rule, the later day is the effective date.
(2) An emergency rule shall be considered effective pursuant to the provisions of R.S. 49:962.
Acts 1966, No. 382, §4, eff. July 1, 1967. Amended by Acts 1968, No. 474, §1; Acts 1974, No. 284, §1, eff. Jan. 1, 1975; Acts 1975, No. 730, §1; Acts 1978, No. 252, §1; Acts 1980, No. 392, §1; Acts 1990, No. 248, §1; Acts 1990, No. 1085, §1, eff. July 31, 1990; Acts 2013, No. 220, §23, eff. June 11, 2013; Acts 2014, No. 791, §18; Acts 2021, No. 211, §11; Acts 2022, No. 663, §1; Redesignated from R.S. 49:954.
NOTE: Former R.S. 49:965 redesignated as R.S. 49:979 by Acts 2022, No. 663, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:965.2. Redesignated as R.S. 49:978.1 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.

RS 49:965.2 - Redesignated as R.S. 49:978.1 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:965.3. Redesignated as R.S. 49:978.2 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.

RS 49:965.3 - Redesignated as R.S. 49:978.2 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:965.4. Redesignated as R.S. 49:978.3 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.

RS 49:965.4 - Redesignated as R.S. 49:978.3 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Acts 2008, No. 820, §1; Acts 2010, No. 861, §21; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:965.5. Redesignated as R.S. 49:978.4 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.

RS 49:965.5 - Redesignated as R.S. 49:978.4 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:965.6. Redesignated as R.S. 49:978.5 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.

RS 49:965.6 - Redesignated as R.S. 49:978.5 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:965.7. Redesignated as R.S. 49:978.6 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.

RS 49:965.7 - Redesignated as R.S. 49:978.6 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:965.8. Redesignated as R.S. 49:978.7 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.

RS 49:965.8 - Redesignated as R.S. 49:978.7 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:967. Review of rules relative to state content standards; elementary and secondary education

RS 49:967 - Review of rules relative to state content standards; elementary and secondary education
A. Each rule proposed by the State Board of Elementary and Secondary Education to adopt, amend, suspend, or repeal state content standards for use in public elementary and secondary schools shall be submitted to the Senate Committee on Education and the House Committee on Education for review, in accordance with the provisions of this Chapter.
B. State content standards proposed to be adopted by rule pursuant to this Section shall not be subject to severability in consideration by a legislative committee or the governor in oversight determinations. The state content standards set forth in a proposed rule shall be considered in globo in any determination of acceptability or unacceptability for oversight purposes.
Acts 2015, No. 245, §2; Acts 2022, No. 663, §1; Redesignated from R.S. 49:968.1.
NOTE: Former R.S. 49:967 redesignated as R.S. 49:954 by Acts 2022, No. 663, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:969. Legislative veto, amendment, or suspension of rules, regulations, and fees

RS 49:969 - Legislative veto, amendment, or suspension of rules, regulations, and fees
A. In addition to the procedures provided in R.S. 49:966 for review of the exercise of the rulemaking authority delegated by the legislature to state agencies, as defined by this Chapter, the legislature, by concurrent resolution, may suspend, amend, or repeal any rule or regulation or body of rules or regulations, or any fee or any increase, decrease, or repeal of any fee, adopted by a state department, agency, board, or commission. The Louisiana Register shall publish a brief summary of any concurrent resolution adopted by the legislature pursuant to this Section. The summary shall be published not later than forty-five days after signing of such resolution by the presiding officers of the legislature.
B. Notwithstanding the provisions of Subsection A of this Section, a rule adopted by the State Board of Elementary and Secondary Education relative to state content standards adopted by the board for use in public elementary and secondary schools, may not be amended by the legislature and may be suspended or repealed only in its entirety.
Added by Acts 1980, No. 660, §1. Acts 1995, No. 1109, §1, eff. Oct. 1, 1995; Acts 2015, No. 245, §2; Acts 2022, No. 663, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:970. Gubernatorial suspension or veto of rules and regulations

RS 49:970 - Gubernatorial suspension or veto of rules and regulations
A. The governor, by executive order, may suspend or veto any rule or regulation or body of rules or regulations adopted by a state department, agency, board, or commission, except as provided in R.S. 49:954, within thirty days of adoption. Upon the execution of an order, the governor shall transmit copies of the order to the speaker of the House of Representatives and president of the Senate.
B. Notwithstanding the provisions of Subsection A of this Section, the governor may suspend or veto a rule adopted by the State Board of Elementary and Secondary Education relative to state content standards adopted by the board for use in public elementary and secondary schools only in its entirety.
Added by Acts 1981, No. 453, §1; Acts 2015, No. 245, §2; Acts 2022, No. 663, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:971. Rejection of agency fee adoption, increases, or decreases; prohibition against fee increases and new fees; exceptions

RS 49:971 - Rejection of agency fee adoption, increases, or decreases; prohibition against fee increases and new fees; exceptions
A.(1) If either the House of Representatives or the Senate oversight subcommittee appointed pursuant to R.S. 49:966 determines that a proposed fee adoption, increase, or decrease is unacceptable, the respective subcommittee shall provide a written report containing the reasons for the finding to the governor; the agency proposing the fee adoption, increase, or decrease; and the other house of the legislature. If the oversight subcommittee of the other house of the legislature likewise determines that the proposed fee adoption, increase, or decrease is unacceptable, the fee action shall not be adopted by the agency.
(2) If a proposed fee adoption, increase, or decrease is found unacceptable as provided in this Section, the agency shall not propose a fee or a fee change or an emergency fee or an emergency fee change that is the same or substantially similar to the disapproved fee action nor shall the agency adopt an emergency fee or fee change that is the same or substantially similar to the disapproved fee action within four months after issuance of the subcommittee report nor more than once during the interim between regular sessions of the legislature.
(3) However, no state agency which has the authority to impose or assess fees shall increase any existing fee or impose any new fee unless the fee increase or fee adoption is expressly authorized pursuant to a fee schedule established by statute or specifically authorized by a federal law, rules, or regulations for the purpose of satisfying an express mandate of such federal law, rule, or regulation. No state agency shall adjust, modify, or change the formula for any authorized fee in a manner that would increase the fee paid by any person by more than five percent of the relevant fee paid by such person in the previous fiscal year. Proposed fee increases of less than five percent shall be subject to oversight as required by R.S. 49:966.
(4)(a) The provisions of Paragraph (3) of this Subsection shall not apply to any department which is constitutionally created and headed by an officer who is duly elected by a majority vote of the electorate of the state.
(b) The provisions of Paragraph (3) of this Subsection shall not apply to any state professional and occupational licensing boards.
B. Action by a subcommittee shall require a quorum and the favorable vote of a majority of the members of the subcommittee who are present and voting.
Acts 1987, No. 240, §1; Acts 1995, No. 1005, §1, eff. Aug. 15, 1995; Acts 1995, No. 1057, §1, eff. June 29, 1995, and Jan. 8, 1996 (1/8/96 date is applicable to Dept. of Health and Hospitals only); Acts 2022, No. 663, §1.
{{NOTE: SEE ACTS 1987, NO. 240, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:972. Family impact statement; issues to be considered; procedure; penalty

RS 49:972 - Family impact statement; issues to be considered; procedure; penalty
A. Prior to the adoption and implementation of rules, each state agency shall consider and state in writing the impact of such rules on family formation, stability, and autonomy. This written consideration shall be known as the "family impact statement".
B. The family impact statement will consider and respond in writing to the following regarding the proposed rule:
(1) The effect on the stability of the family.
(2) The effect on the authority and rights of parents regarding the education and supervision of their children.
(3) The effect on the functioning of the family.
(4) The effect on family earnings and family budget.
(5) The effect on the behavior and personal responsibility of children.
(6) The ability of the family or a local government to perform the function as contained in the proposed rule.
C. All family impact statements must be in writing and kept on file in the state agency which has adopted, amended, or repealed a rule in accordance with the applicable provisions of law relating to public records.
D. For the purposes of this Section, "family" shall mean a group of individuals related by blood, marriage, or adoption who live together as a single household.
Acts 1999, No. 1183, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:973. Poverty impact statement; issues to be considered; procedure

RS 49:973 - Poverty impact statement; issues to be considered; procedure
A. In the formation of rules, each state agency shall consider and state in writing the impact of such rules on child, individual, or family poverty in relation to individual or community asset development prior to the adoption and implementation of such rules. This written consideration shall be known as the "poverty impact statement".
B. The poverty impact statement shall consider and respond in writing to the following regarding the proposed rule:
(1) The effect on household income, assets, and financial security.
(2) The effect on early childhood development and preschool through postsecondary education development.
(3) The effect on employment and workforce development.
(4) The effect on taxes and tax credits.
(5) The effect on child and dependent care, housing, health care, nutrition, transportation, and utilities assistance.
C. All poverty impact statements shall be in writing and kept on file in the state agency which has adopted, amended, or repealed a rule in accordance with the applicable provisions of law relating to public records.
D. For the purposes of this Section, the word "poverty" means living at or below one hundred percent of the federal poverty line.
Acts 2012, No. 854, §1, eff. Jan. 1, 2013.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:974.1. Short title

RS 49:974.1 - Short title
R.S. 49:974.1 through 974.8 may be cited as the Small Business Protection Act and are referred to therein as "this Act".
Acts 2008, No. 820, §1; Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:974.3. Definitions

RS 49:974.3 - Definitions
The following words or terms as used in this Act shall have the following meanings unless a different meaning appears from the context:
(1) "Agency" means each state board, commission, department, agency, officer, or other entity which makes rules, regulations, or policy, or formulates, or issues decisions or orders pursuant to, or as directed by, or in implementation, of the constitution or laws of the United States or the constitution and statutes of Louisiana. The term "agency" shall not include any of the following entities:
(a) The legislature or any branch, committee, or officer thereof.
(b) Any political subdivision, as defined in Article VI, Section 44 of the Constitution of Louisiana, and any board, commission, department, agency, officer, or other entity thereof.
(c) The courts.
(2) "Potpourri notice" means a notice sent by an agency to the office of the state register indicating all of the following items:
(a) That the agency may implement a rule change at some future date.
(b) That the agency is seeking public comment and plans to conduct a public hearing, if one is requested prior to giving a notice of intent to implement the rule change.
(c) The deadline for receiving public comments and requests for a public hearing, which deadline is to occur prior to the date that the notice of intent to adopt the rule change, shall be sent to the office of the state register.
(3) "Proposed rule" means a proposal by an agency for a new rule or for a change in, addition to, or repeal of an existing rule.
(4) "Rule" means each agency statement, guide, or requirement for conduct or action, exclusive of those regulating only the internal management of the agency and those purporting to adopt, increase, or decrease any fees imposed on the affairs, actions, or persons regulated by the agency, which has general applicability and the effect of implementing or interpreting substantive law or policy, or which prescribes the procedure or practice requirements of the agency. "Rule" includes but is not limited to any provision for fines, prices or penalties, the attainment or loss of preferential status, and the criteria or qualifications for licensure or certification by an agency. A rule may be of general applicability even though it may not apply to the entire state, provided its form is general and it is capable of being applied to every member of an identifiable class. The term includes the amendment or repeal of an existing rule but does not include declaratory rulings or orders or any fees.
(5) "Small business" means a business that is domiciled in this state, employs one hundred or fewer full-time employees, and meets at least one of the following conditions:
(a) Gross annual sales are less than ten million dollars.
(b) Total net worth of the business is less than two million dollars.
Acts 2008, No. 820, §1; Acts 2010, No. 861, §21; Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.3.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:974.4. Small business economic impact statements; potpourri notices

RS 49:974.4 - Small business economic impact statements; potpourri notices
A.(1) Prior to the adoption of any proposed rule that may have an adverse impact on small businesses, each agency shall prepare a small business economic impact statement, that includes the following:
(a) An identification and estimate of the number of the small businesses subject to the proposed rule.
(b) The projected reporting, record keeping, and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessary for preparation of the report or record.
(c) A statement of the probable effect on impacted small businesses.
(d) A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule.
(2) The small business economic impact statement shall be submitted to the office of the state register pursuant to R.S. 49:961.
B. If an agency determines, in its own judgment, that the input of small businesses and the public would be helpful in drafting a new proposed rule, the agency may issue a potpourri notice. If the agency issues a potpourri notice, it shall be submitted with the office of the state register.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.4.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:974.5. Regulatory flexibility analysis

RS 49:974.5 - Regulatory flexibility analysis
A. Prior to the adoption of any proposed rule, each agency shall prepare a regulatory flexibility analysis in which the agency shall, where consistent with health, safety, environmental, and economic welfare, consider utilizing regulatory methods that will accomplish the objectives of applicable statutes while minimizing adverse impact on small businesses. The agency shall consider, without limitation, each of the following methods of reducing the impact of the proposed rule on small businesses:
(1) The establishment of less stringent compliance or reporting requirements for small businesses.
(2) The establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses.
(3) The consolidation or simplification of compliance or reporting requirements for small businesses.
(4) The establishment of performance standards for small businesses to replace design or operational standards required in the proposed rule.
(5) The exemption of small businesses from all or any part of the requirements contained in the proposed rule.
B. Prior to the adoption of any proposed rule by an agency which according to the economic impact statement required by R.S. 49:974.4 and the results of the regulatory flexibility analysis required by this Section would have an adverse impact on small businesses, the agency shall notify the Department of Economic Development of its intent to adopt the proposed rule.
C. The agency shall submit the small business flexibility analysis with the office of the state register pursuant to R.S. 49:961.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.5.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:974.6. Conflicts of law

RS 49:974.6 - Conflicts of law
Nothing in the Small Business Protection Act shall be construed to conflict with or supersede any applicable federal law, rule, or regulation.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §1, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.6.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:974.7. Notification

RS 49:974.7 - Notification
Upon receiving the electronic transfer of information from the office of the state register, as provided in R.S. 49:961, the commercial division of the Department of State shall perform all of the following items:
(1) By the fifteenth day of the month, the commercial division shall post information on the internet page of the commercial division under the heading of "Proposed State Rules and Regulations that May Affect Your Business".
(2) No later than the sixteenth day of the month, the division shall electronically transfer the information to the Louisiana Association of Business and Industry, the Louisiana Chapter of the National Federation of Independent Business, and to each person who has made a timely request of the department for this information.
Acts 2008, No. 820, §1; Acts 2019, No. 204, §1, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.7.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:974.8. Small business advocate; posting of rules

RS 49:974.8 - Small business advocate; posting of rules
A. The secretary of state shall designate a small business advocate from the existing staff of the commercial division of the Department of State to implement and maintain the notification duties and functions required of the Department of State pursuant to R.S. 49:974.7.
B. The small business advocate shall coordinate the implementation and maintenance of the website of the commercial division of the Department of State relative to the receipt of information from the office of the state register pursuant to R.S. 49:961. The department shall enter into an agreement with the office of the state register to arrange for the electronic receipt of the information on an ongoing basis.
C. The small business advocate shall administer the Small Business Protection Act.
Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.8.