RS 49:1301     

CHAPTER 20.  PUBLICATION OF INFORMATION CONCERNING

BOARDS, COMMISSIONS, AND LIKE ENTITIES

§1301.  Commissioner of administration; duties; sunset review of boards, commissions, and like entities

A.  The commissioner of administration shall establish and maintain a website to post the information designated in R.S. 49:1302.

B.(1)  If the commissioner of administration determines that a board, commission, or like entity covered by this Chapter has failed to submit the information required pursuant to R.S. 49:1304 in the manner required by this Chapter, the commissioner shall send the board, commission, or like entity a notice of noncompliance by certified mail, return receipt requested.

(2)(a)(i)  If the board, commission, or like entity fails to submit the information required pursuant to R.S. 49:1304 in the manner required by this Chapter within the response period, the commissioner shall send notice detailing the failure to comply to the board, commission, or like entity and to the chief administrative officer of the department of which the board, commission, or like entity is a part, if applicable.

(ii)  The commissioner shall also send notice detailing the failure to comply to the Senate Committee on Senate and Governmental Affairs, the House Committee on House and Governmental Affairs, and the oversight committees for the board, commission, or like entity.

(b)(i)  Each oversight committee that receives a notice pursuant to Item (a)(ii) of this Paragraph shall within sixty days of receiving the notice evaluate the board, commission, or like entity and determine whether the board, commission, or like entity should be continued, modified, or terminated.  The committee may direct the board, commission, or like entity to begin to terminate its operations and to prepare for the orderly transfer or termination of its powers, duties, responsibilities, and functions, as appropriate.

(ii)  No later than thirty days prior to the beginning of a regular session, each oversight committee that received a notice pursuant to Item (a)(ii) of this Paragraph during the year prior to the year in which the session is to be held shall submit a report to the legislature and the governor.  The report shall contain a summary of all action taken by the committee with respect to each such notice.  The report shall also contain the committee's determination as to whether each board, commission, or like entity that was the subject of such a notice should be continued, modified, or terminated and any legislation concerning the board, commission, or like entity that the committee will propose to the legislature.

(c)(i)  For purposes of this Paragraph, "response period" means the period of time beginning with the day the notice of noncompliance sent pursuant to Paragraph (1) of this Subsection is received by the board, commission, or like entity and ending ninety days later.

(ii)  For purposes of this Paragraph, "oversight committees" means the standing committees of the two houses of the legislature which have usual jurisdiction over the affairs of the board, commission, or like entity.

C.  The provisions of Subsection B of this Section shall not apply to any board which is responsible for the administration of any statewide retirement fund held in trust for the benefit of its participants and which retirement fund is not the direct financial responsibility of the state.

Acts 2009, No. 12, §1, eff. March 1, 2010; Acts 2013, No. 184, §16.

NOTE:  See Acts 2009, No. 12, §2.