HLS 18RS-410 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 302
BY REPRESENTATIVE CARMODY
SUNSET LAW: Re-creates the Department of Public Service
1 AN ACT
2To enact R.S. 49:191(10)(c) and to repeal R.S. 49:191(8)(i), relative to the Department of
3 Public Service, including provisions to provide for the re-creation of the Department
4 of Public Service and the statutory entities made a part of the department by law; to
5 provide for the effective termination date for all statutory authority for the existence
6 of such statutory entities; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Pursuant to R.S. 49:193, the Department of Public Service and the
9statutory entities made a part of the department by law shall be re-created effective June 30,
102018, and all statutory authority therefor is continued in accordance with the provisions of
11Part XII of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950.
12 Section 2. All statutory authority for the existence of the Department of Public
13Service and the statutory entities made a part of the department as re-created by Section 1
14of this Act shall cease as of July 1, 2023, pursuant to R.S. 49:191. However, the Department
15of Public Service may be re-created prior to such date in accordance with the provisions of
16Part XII of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950.
17 Section 3. The provisions of R.S. 49:193 are hereby superseded to the extent that
18those provisions are in conflict with the provisions of this Act.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-410 ENGROSSED
HB NO. 302
1 Section 4. R.S. 49:191(10)(c) 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 dates
4 Notwithstanding any termination dates set by any previous Act of the
5 legislature, the statutory entities set forth in this Section shall begin to terminate their
6 operations on July first of each of the following years, and all legislative authority
7 for the existence of any statutory entity, as defined in R.S. 49:190, shall cease as of
8 July first of the following year, which shall be the termination date:
9 * * *
10 (10) July 1, 2022:
11 * * *
12 (c) The Department of Public Service and all the statutory entities made a
13 part of the department by law.
14 Section 5. R.S. 49:191(8)(i) is hereby repealed in its entirety.
15 Section 6. This Act shall become effective on June 30, 2018; if vetoed by the
16governor and subsequently approved by the legislature, this Act shall become effective on
17June 30, 2018, or on the day following such approval by the legislature, whichever is later.
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 302 Engrossed 2018 Regular Session Carmody
Abstract: Re-creates the Dept. of Public Service.
Present law (Sunset) provides that the Dept. of Public Service and all the statutory entities
made a part of that department by law shall begin to terminate their operations on July 1,
2018, and that all legislative authority for such entities shall cease as of July 1, 2019, 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 Public Service and its
statutory entities, effective June 30, 2018, 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
within the department along with additional provisions.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-410 ENGROSSED
HB NO. 302
Proposed law makes July 1, 2023, the new termination date and termination would begin
July 1, 2022, unless the department is re-created again.
Effective June 30, 2018.
(Adds R.S. 49:191(10)(c); Repeals R.S. 49:191(8)(i))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.