SLS 12RS-679 ENGROSSED Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2012 SENATE BILL NO. 384 BY SENATOR RISER SUNSET LAW. Re-creates the Louisiana Department of Revenue. (6/30/12) AN ACT1 To enact R.S. 49:191(6) and to repeal R.S. 49:191(4)(i), relative to the Department of2 Revenue, including provisions to provide for the re-creation of the Department of3 Revenue and the statutory entities made a part of the department by law; to provide4 for the effective termination date for all statutory authority for the existence of such5 statutory entities; and to provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. Pursuant to R.S. 49:193, the Department of Revenue and the statutory8 entities made a part of the department by law shall be re-created effective June 30, 2012, and9 all statutory authority therefor is continued in accordance with the provisions of Part XII of10 Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950.11 Section 2. Notwithstanding any provision of any previous Act of the legislature, all12 statutory authority for the existence of the Department of Revenue and the statutory entities13 made a part of the department as re-created by Section 1 of this Act shall cease as of July 1,14 2017, pursuant to R.S. 49:191. However, the Department of Revenue may be re-created15 prior to such date in accordance with the provisions of Part XII of Chapter 1 of Title 49 of16 the Louisiana Revised Statutes of 1950.17 SB NO. 384 SLS 12RS-679 ENGROSSED Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Section 3. The provisions of R.S. 49:193 are hereby superseded to the extent that1 those provisions are in conflict with the provisions of this Act.2 Section 4. R.S. 49:191(6) is hereby enacted to read as follows:3 ยง191. Termination of legislative authority for existence of statutory entities;4 phase-out period for statutory entities; table of dates5 Notwithstanding any termination dates set by any previous Act of the6 legislature, the statutory entities set forth in this Section shall begin to terminate their7 operations on July first of each of the following years, and all legislative authority8 for the existence of any statutory entity, as defined in R.S. 49:190, shall cease as of9 July first of the following year, which shall be the termination date:10 * * *11 (6) July 1, 2016:12 The Department of Revenue and all statutory entities made a part13 of the department by law.14 Section 5. R.S. 49:191(4)(i) is hereby repealed in its entirety.15 Section 6. This Act shall become effective on June 30, 2012; if vetoed by the16 governor and subsequently approved by the legislature, this Act shall become effective on17 June 30, 2012, or on the day following such approval by the legislature, whichever is later.18 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Danielle Doiron. DIGEST Riser (SB 384) Present law (Sunset) provides that the Dept. of Revenue and all the statutory entities made a part of that department by law shall begin to terminate their operations on July 1, 2012, and that all legislative authority for such entities shall cease as of July 1, 2013, unless the legislature enacts a bill authorizing the re-creation of the department and its statutory entities prior thereto. Proposed law provides for the general re-creation of the Dept. of Revenue and its statutory entities, effective June 30, 2012, in accordance with the "sunset" law. Proposed law supercedes the provisions of the "sunset" law which set out the procedure for review and re-creation and which require a separate bill to re-create each statutory entity within the department along with additional provisions. Proposed law makes July 1, 2017, the new termination date and termination would begin July 1, 2016, unless the department is re-created again. SB NO. 384 SLS 12RS-679 ENGROSSED Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Effective June 30, 2012. (Adds R.S. 49:191(6); Repeals R.S. 49:191(4)(i))