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Regular Session, 2012
SENATE BILL NO. 87
BY SENATOR BUFFINGTON
HEALTH/HOSPITALS DEPT. Re-creates Department of Health and Hospitals. (6/30/12)
AN ACT1
To enact R.S. 49:191(6) and to repeal R.S. 49:191(4)(e), relative to the Department of2
Health and Hospitals; to provide for the re-creation of the Department of Health and3
Hospitals 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 Health and Hospitals and the8
statutory entities made a part of the department by law shall be re-created effective June 30,9
2012, and all statutory authority therefor is continued in accordance with the provisions of10
Part XII of 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 Health and Hospitals and the13
statutory entities made a part of the department, as re-created by Section 1 of this Act, shall14
cease as of July 1, 2017, pursuant to R.S. 49:191. However, the Department of Health and15
Hospitals and the statutory entities made a part of the department may be re-created prior to16
such date in accordance with the provisions of Part XII of Chapter 1 of Title 49 of the17 SB NO. 87
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Louisiana Revised Statutes of 1950.1
Section 3. The provisions of R.S. 49:193 are hereby superseded to the extent that2
those provisions are in conflict with the provisions of this Act.3
Section 4. R.S. 49:191(6) is hereby enacted to read as follows:4
ยง191. Termination of legislative authority for existence of statutory entities; phase-5
out period for statutory entities; table of dates6
Notwithstanding any termination dates set by any previous Act of the7
legislature, the statutory entities set forth in this Section shall begin to terminate their8
operations on July first of each of the following years, and all legislative authority9
for the existence of any statutory entity, as defined in R.S. 49:190, shall cease as of10
July first of the following year, which shall be the termination date:11
* * *12
(6) July 1, 2016:13
The Department of Health and Hospitals and all statutory entities made14
a part of the department by law.15
Section 5. R.S. 49:191(4)(e) is hereby repealed in its entirety.16
Section 6. This Act shall become effective on June 30, 2012, if vetoed by the17
governor and subsequently approved by the legislature, this Act shall become18
effective on June 30, 2012, or on the day following such approval by the legislature,19
whichever is later.20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Buffington (SB 87)
Present law provides that the Department of Health and Hospitals (DHH) and all statutory
entities made a part of that department by law shall begin to terminate their operations on
July 1, 2012, and that 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 DHH and its statutory entities effective
June 30, 2012, for a four-year period, in accordance with the "Sunset" law. Supersedes the
provisions of the "Sunset" law which sets out the procedures for review and re-creation and
which require a separate bill to re-create each statutory entity within the department along
with additional provisions. Makes July 1, 2017, the new termination date and provides that SB NO. 87
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such termination would begin July 1, 2016, unless the department is again re-created.
Effective June 30, 2012.
(Adds R.S. 49:191(6); repeals R.S. 49:191(4)(e))