Re-creates entities transferred to or placed within the office of the governor
Re-creates entities transferred to or placed within the office of the governor
House Bill 338 amends the Louisiana sunset law by re-creating seventeen regulatory and licensing boards and commissions that were previously transferred to or placed within the office of the governor pursuant to state reorganization statutes. The bill specifically re-creates the Louisiana State Board of Cosmetology, Office of Financial Institutions, Louisiana State Racing Commission, Louisiana Cemetery Board, State Board of Certified Public Accountants, State Board of Architectural Examiners, Louisiana Real Estate Commission, Louisiana State Board of Home Inspectors, State Licensing Board for Contractors, Board of Examiners of Certified Shorthand Reporters, Louisiana Auctioneers Licensing Board, State Board of Examiners of Interior Designers, Louisiana Real Estate Appraisers Board, Louisiana State Athletic Commission, Louisiana Motor Vehicle Commission, Louisiana Used Motor Vehicle Commission, and Louisiana State Polygraph Board. These entities would have begun terminating their operations on July 1, 2026, with all legislative authority ceasing on July 1, 2027, under existing sunset provisions. The bill extends their existence by amending R.S. 49:191(4) to establish a new termination date of July 1, 2033, with operations beginning to terminate on July 1, 2032, and repeals the previous sunset designation for these agencies that was codified in R.S. 49:191(1)(n).
The practical effect of this legislation is to preserve the continued operation of all seventeen regulatory bodies without requiring individual re-creation bills for each agency or statutory entity within them. License holders, applicants, and regulated businesses in cosmetology, financial services, racing, cemetery operations, accounting, architecture, real estate sales and appraisals, home inspection, contracting, shorthand reporting, auctioneering, interior design, athletic competition, motor vehicle dealership and sales, and polygraph examination will experience continuity in licensure, regulation, and enforcement by these boards and commissions through 2032. The Office of the Governor maintains administrative authority over these consolidated agencies and avoids the administrative burden of managing a phased shutdown and re-creation process for multiple independent entities. The extension provides regulatory certainty for professional boards and the industries they oversee during the years 2026 through 2032.
The bill operates within Louisiana's comprehensive sunset law framework codified in Part XII of Chapter 1 of Title 49 of the Louisiana Revised Statutes. The sunset law requires periodic legislative review and affirmative re-enactment of agencies and statutory entities to ensure their continued necessity and performance. The bill supersedes the procedures typically required under R.S. 49:193, which would normally mandate separate legislative action for each statutory entity within the transferred agencies, instead consolidating the re-creation into a single omnibus measure. The legislation reflects the consolidation of multiple independent regulatory boards into the office of the governor pursuant to R.S. 36:4.1, a state administrative reorganization statute. The bill's effectiveness on June 30, 2026, aligns with the statutory framework's July 1, 2026, termination commencement date, ensuring seamless continuation of agency operations without lapse of legislative authority. The constitutional authority for this legislative action derives from the General Assembly's power under Article III of the Louisiana Constitution to create, restructure, and authorize regulatory agencies through statutory enactment and periodic re-authorization.
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