§ 49:971 — Rejection of agency fee adoption, increases, or decreases; prohibition against fee

§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.
{{NOTE: SEE ACTS 1987, NO. 240, §2.}}

Legislative History

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.