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Regular Session, 2012
SENATE BILL NO. 62
BY SENATOR APPEL AND REPRESENTATI VE CARTER
EDUCATION DEPARTMENT. Re-creates the Department of Education. (6/30/12)
AN ACT1
To enact R.S. 49:191(6)(a) and to repeal R.S. 49:191(4)(h), relative to the Department of2
Education, including provisions to provide for the re-creation of the Department of3
Education 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 Education 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. All statutory authority for the existence of the Department of Education12
and the statutory entities made a part of the department as re-created by Section 1 of this Act13
shall cease as of July 1, 2017, pursuant to R.S. 49:191. However, the Department of14
Education may be re-created prior to such date in accordance with the provisions of Part XII15
of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950.16
Section 3. The provisions of R.S. 49:193 are hereby superseded to the extent that17 SB NO. 62
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words in boldface type and underscored are additions.
those provisions are in conflict with the provisions of this Act.1
Section 4. R.S. 49:191(6)(a) is hereby enacted to read as follows:2
ยง191. Termination of legislative authority for existence of statutory entities; phase-3
out period for statutory entities; table of dates4
Notwithstanding any termination dates set by any previous Act of the5
legislature, the statutory entities set forth in this Section shall begin to terminate their6
operations on July first of each of the following years, and all legislative authority7
for the existence of any statutory entity, as defined in R.S. 49:190, shall cease as of8
July first of the following year, which shall be the termination date:9
* * *10
(6) July 1, 2016:11
(a) The Department of Education and all statutory entities made a part12
of the department by law.13
Section 5. R.S. 49:191(4)(h) is hereby repealed in its entirety.14
Section 6. This Act shall become effective on June 30, 2012; if vetoed by the15
governor and subsequently approved by the legislature, this Act shall become effective on16
June 30, 2012, or on the day following such approval by the legislature, whichever is later.17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Proposed law re-creates the Dept. of Education for four more years. Changes termination
date from July 1, 2013, to July 1, 2017.
Present law (sunset law) provides that the Dept. of Education 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 Education and its statutory
entities, effective June 30, 2012, in accordance with the sunset law. Supersedes 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. July 1, 2017, is the new termination date, and termination would
begin July 1, 2016, unless the department is again re-created. SB NO. 62
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Effective June 30, 2012.
(Adds R.S. 49:191(6)(a); repeals R.S. 49:191(4)(h))