HLS 15RS-1084 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 223
BY REPRESENTATIVE HODGES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SUNSET LAW: Re-creates the Governor's Office of Homeland Security and Emergency
Preparedness and all statutory entities made a part of the department by law
1 AN ACT
2To enact R.S. 49:191(8)(m) and (9) and to repeal R.S. 49:191(5)(k) and (10), relative to the
3 Governor's Office of Homeland Security and Emergency Preparedness, including
4 provisions to provide for the re-creation of the Governor's Office of Homeland
5 Security and Emergency Preparedness and the statutory entities made a part of the
6 department by law; to provide for the effective termination date for all statutory
7 authority for the existence of such statutory entities; to provide for prospective and
8 retroactive application; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Pursuant to R.S. 49:193, the Governor's Office of Homeland Security and
11Emergency Preparedness and the statutory entities made a part of the department by law
12shall be re-created effective June 30, 2015, and all statutory authority therefor is continued
13in accordance with the provisions of Part XII of Chapter 1 of Title 49 of the Louisiana
14Revised Statutes of 1950.
15 Section 2. All acts, on or after June 30, 2014, to the effective date of this Act, made
16pursuant to law, including but not limited to the provisions of Chapter 6 of Title 29 of the
17Louisiana Revised Statutes of 1950, by the Governor's Office of Homeland Security and
18Emergency Preparedness and the statutory entities which are a part thereof, which, except
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1084 ORIGINAL
HB NO. 223
1for the effect of the provisions of Part XII of Chapter 1 of Title 49 of the Louisiana Revised
2Statutes of 1950 are otherwise legal, and are hereby ratified, authorized, and made valid.
3 Section 3. All statutory authority for the existence of the Governor's Office of
4Homeland Security and Emergency Preparedness and the statutory entities made a part of
5the department as re-created by Section 1 of this Act shall cease as of July 1, 2019, pursuant
6to R.S. 49:191. However, the Governor's Office of Homeland Security and Emergency
7Preparedness may be re-created prior to such date in accordance with the provisions of Part
8XII of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950.
9 Section 4. The provisions of R.S. 49:193 are hereby superseded to the extent that
10those provisions are in conflict with the provisions of this Act.
11 Section 5. R.S. 49:191(8)(m) and (9) are hereby enacted to read as follows:
12 ยง191. Termination of legislative authority for existence of statutory entities; phase-
13 out period for statutory entities; table of dates
14 Notwithstanding any termination dates set by any previous Act of the
15 legislature, the statutory entities set forth in this Section shall begin to terminate their
16 operations on July first of each of the following years, and all legislative authority
17 for the existence of any statutory entity, as defined in R.S. 49:190, shall cease as of
18 July first of the following year, which shall be the termination date:
19 * * *
20 (8) July 1, 2018:
21 * * *
22 (m) The Governor's Office of Homeland Security and Emergency
23 Preparedness and all statutory entities made a part of the department by law.
24 (10) (9) July 1, 2020:
25 * * *
26 Section 6. R.S. 49:191(5)(k) and (10) are hereby repealed in its entirety.
27 Section 7. This Act shall become effective on June 30, 2015; if vetoed by the
28governor and subsequently approved by the legislature, this Act shall become effective on
29June 30, 2015, or on the day following such approval by the legislature, whichever is later.
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HB NO. 223
1 Section 8. The provisions of this Act shall be given prospective and retroactive
2application.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 223 Original 2015 Regular Session Hodges
Abstract: Re-creates the Governor's Office of Homeland Security and Emergency
Preparedness.
Present law (Sunset) provides that the Governor's Office of Homeland Security and
Emergency Preparedness (GOHSEP) and all the statutory entities made a part of that
department by law shall begin to terminate their operations on July 1, 2014, and that all
legislative authority for such entities shall cease as of July 1, 2015, 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 GOHSEP and its statutory entities,
effective June 30, 2015, in accordance with the "sunset law". Proposed 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 with the department along with
additional provisions, including ratification and authorization of any acts taken by GOHSEP
on or after June 30, 2014, through June 30, 2015.
Proposed law makes July 1, 2019, the new termination date and provides that termination
will begin July 1, 2018, unless the department is re-created again.
Effective June 30, 2015.
(Adds R.S. 49:191(8)(m) and (9); Repeals R.S. 49:191(5)(k)and (10))
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are additions.