The AI workspace for legal professionals
- Legal research with access to more than 1 million sources
- Document automation
- Matter management
- Hosted in the EU and Switzerland
Try it free for 14 days (10 questions/day during trial)
The AI workspace for legal professionals
Try it free for 14 days (10 questions/day during trial)
rs-title-36•Title 36 — Organization of the Executive Branch
rs-title-36La. Rev. Stat. tit. 36CodeJan 1, 1900
This Title shall be known and may be cited as the Executive Reorganization Act.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The legislature hereby recognizes and accepts the responsibility vested in it by the constitution of 1974, wherein in Article IV, Section 1 and Article XIV, Section 6, the legislature is mandated to effect reorganization of the executive branch of state government by allocation and/or reallocation of the functions, powers, duties, and responsibilities of all departments, offices, agencies, and instrumentalities of the executive branch of state government, except the offices of governor and lieutenant governor, into not more than twenty departments, and wherein it is further required that allocation of the functions, powers, and duties of all departments, offices, agencies, and other instrumentalities of the executive branch, except those functions, powers, duties, and responsibilities allocated by the constitution, shall be as provided by law, and wherein it is further provided that such allocation is insusceptible to veto by the governor. Recognizing that the constitution requires such allocation to become operative not later than December 31, 1977, and in order to provide for the orderly allocation and reallocation thus required to achieve the purposes of the constitution, the legislature enacts this Title for the purpose of designating the departments within the executive branch of the state government, creating and providing with respect to such departments and allocating to these departments the powers, duties, functions, and responsibilities of those boards, commissions, departments, offices, agencies, and other instrumentalities within the executive branch of the state government. The legislature hereby specifically reserves to itself the power and authority vested in it by the constitution to complete and make operative the reorganization of the executive branch of state government no later than December 31, 1977, through such additional legislative action insusceptible of gubernatorial veto as it finds necessary fully to carry out this constitutional mandate.
B. To accomplish the purposes above set forth, specifically enumerated agencies are herein transferred into the departments created and provided for in this Title and other specifically enumerated agencies are abolished. The powers, duties, functions, and responsibilities of such agencies are herein transferred and/or merged and consolidated into such departments, all in the manner and to the extent provided in this Title.
C. It is the public policy of this state and the purpose of this Title to create a structure for the executive branch of state government which is responsive to the needs of the people of this state and which is sufficiently flexible to meet changing human and natural conditions; to promote economy and efficiency in the operation and management of state government and to strengthen the executive capacity for effective, efficient, and economic administration at all levels; to improve the quality of the functions performed and the programs and services rendered by state government for the citizens of the state; to conserve and enhance the human and natural resources of the state; to provide that the responsibility of the respective departments for the implementation of programs and policies is clearly fixed and ascertainable; and to eliminate to the fullest practicable extent duplication of effort within the executive branch of state government in order to use wisely the funds of the state and more conveniently to meet the needs of the citizens of Louisiana which are supported by revenues derived from the people and from the natural resources belonging to them.
D. It is the further intent of the legislature that the reorganization of the executive branch of state government shall be accomplished with the least possible disruption of governmental services and the least possible expenditure of public moneys and that all officials and employees participating in the effectuation of such reorganization shall at all times be charged with the responsibility for carrying out the intent herein stated.
E. It is further the intent of the legislature that the statutory functions, powers, and duties of any agency existing before the effective date of this Title, which is not abolished by this Title, shall not be increased, decreased, or changed, unless such intent is specifically and clearly expressed in this Title or in legislation hereafter enacted. None of the constitutional or statutory powers, duties, functions, or responsibilities of the various constitutionally provided for higher education boards shall be increased, decreased, or changed hereby nor shall this Title be construed to provide that any such powers, duties, functions, or responsibilities of any such board are to be exercised by any other official or agency.
F. This Title shall in no instance grant any new authority or expand the existing authority of any official or agency to regulate the activities of any person or business enterprise or regulate or interfere with the right to property, unless such authority existed on the effective date of this Title in an official or agency and the powers and duties of said official or agency were transferred to or merged into an official or agency established herein.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
As used in this Title, the following terms have the following meanings unless the context clearly indicates otherwise:
(1) "Agency" means and includes the boards, commissions, departments, agencies, offices, officers, and other instrumentalities, or any or all of these, within the executive branch of state government which are abolished by this Title or which are transferred and placed within departments of the state government created and established or continued by this Title or transferred to and placed within the office of the governor as provided by this Title.
(2) "Assistant secretary" means the officer designated by law or by the secretary of each department to carry out the duties and functions of an office within certain departments, except an office of management and finance and the office of state police of the Department of Public Safety and Corrections.
(3) "Department" means a department of the executive branch of state government created or continued in this Title in accordance with the constitutional mandate contained in Article IV, Section 1 and in Article XIV, Section 6 of the Constitution of Louisiana and shall include Louisiana Works.
(4) "Deputy secretary" means the officer authorized to be appointed by the secretary to serve as his principal administrative assistant. For the Department of Public Safety and Corrections, the "deputy secretary for public safety services" and the "deputy secretary for corrections services" shall be the officers of the department appointed by the secretary to serve as the principal administrative assistants of the secretary and references in any provision of law to the deputy secretary, where reference is to a deputy secretary of the Department of Public Safety and Corrections, shall include these two officers.
(5) "Office" means each principal operational unit within a department, except the executive office of the secretary. It shall not include the office of the governor and the office of lieutenant governor.
(6) "Secretary" means the officer appointed by the governor as the executive head and chief administrative officer of certain departments created and provided for by this Title.
NOTE: Paragraph (7) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(7) "Undersecretary" means the officer designated to direct and be responsible for the functions of the office of management and finance of certain departments. For the Department of Children and Family Services, "undersecretary" means the officer designated to direct and be responsible for the functions of the division of management and finance within the office of children and family services.
NOTE: Paragraph (7) eff. Oct. 1, 2027. See Acts 2025, No. 477.
(7) "Undersecretary" means the officer designated to direct and be responsible for the functions of the office of management and finance of certain departments.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 1987, No. 736, §1; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2009, No. 438, §15(A); Acts 2010, No. 877, §1, eff. July 1, 2010; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2016, No. 90, §2, eff. July 1, 2016; Acts 2018, No. 380, §2, eff. June 30, 2018; Acts 2022, No. 623, §4, eff. July 1, 2022; Acts 2025, No. 477, §11, eff. Oct. 1, 2027; Acts 2025, No. 478, §10, eff. Oct. 1, 2025.
A. In accordance with the provisions of Article IV, Section 1 and Article XIV, Section 6 of the Constitution of Louisiana, all offices, boards, commissions, agencies, and instrumentalities of the executive branch of state government, whether constitutional or statutory, and/or their functions, powers, duties, and responsibilities shall be allocated, either in the Act by which this Title was created or by legislation enacted subsequent thereto, within the departments listed in this Section, except as provided in Subsections B and C of this Section, and in order to comply with this constitutional mandate, the agencies of the executive branch of state government hereinafter enumerated, whether heretofore created by the constitution or by statute, or their functions, powers, duties, and responsibilities are allocated, in the manner hereinafter set forth in this Title, within the following designated departments:
(1) Department of State Civil Service.
(2) Louisiana Economic Development.
(3) Department of Culture, Recreation and Tourism.
(4) Department of Environmental Quality.
(5) Louisiana Department of Health.
(6) Louisiana Works.
(7) Department of Conservation and Energy.
(8) Department of Public Safety and Corrections.
(9) Department of Revenue.
(10) Department of Children and Family Services.
(11) Department of Transportation and Development.
(12) Department of Wildlife and Fisheries.
(13) Department of Agriculture and Forestry.
(14) Department of Education.
NOTE: Paragraph (15) as enacted by Acts 2013, No. 384, §3, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
(15) Department of Elderly Affairs.
(16) Department of Insurance.
(17) Department of Justice.
(18) Department of Public Service.
(19) Department of State.
(20) Department of the Treasury.
(21) Department of Veterans Affairs.
B. The office of the governor shall be in the executive branch of state government. The governor may allocate within his office the powers, duties, funds, functions, appropriations, responsibilities, and personnel of the agencies within his office and provide for the administration thereof and for the organization of his office. The following agencies and their powers, duties, functions, and responsibilities are hereby transferred to the office of the governor:
(1) Division of administration (including but not limited to Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950 generally). The following agencies are placed within the division of administration:
(a) Office of state procurement (R.S. 39:1551 et seq.).
(b) Division of state buildings (R.S. 49:141).
(c) Office of facility planning and control (R.S. 39:101 et seq.).
(d) Office of technology services (R.S. 39:15.1 et seq.), including the Louisiana Geographic Information Systems Council (R.S. 49:1051 et seq.).
(e) Office of the State Register (R.S. 49:953 and 981 et seq.).
(f) Cash Management Review Board (R.S. 39:88.1 et seq. and 371 et seq.).
(g) Patient's Compensation Fund Oversight Board, as established by R.S. 40:1231.4, which shall exercise and perform its powers, duties, functions, and responsibilities as provided in R.S. 36:801.1, and shall continue to appoint its executive director and other personnel as provided by law.
(h) Office of Group Benefits (R.S. 42:801). The Group Benefits Policy and Planning Board (R.S. 42:881 et seq.) shall be within the Office of Group Benefits.
(i) Louisiana Tax Commission (R.S. 47:1831 et seq.), which shall perform and exercise its powers, duties, functions, and responsibilities as provided in R.S. 36:801.1.
(j) The powers, duties, functions, and responsibilities of the Board of Commissioners of Camp Moore Confederate Cemetery (R.S. 29:432 through 435), formerly abolished, are hereby transferred to the division of administration, state land office. The state land office may enter into a cooperative endeavor agreement with the Camp Moore Historical Association for the operation and maintenance of the Camp Moore Museum and Cemetery.
(k) Office of the state Americans with Disabilities Act coordinator (R.S. 46:2591 et seq.).
(l) Louisiana Cybersecurity Commission (R.S. 39:15.11 et seq.).
(2) Occupational Forecasting Conference (R.S. 23:76).
(3) Repealed by Acts 2025, No. 262, §3.
(4) Louisiana Architects Selection Board (R.S. 38:2311).
(5) Louisiana Engineers Selection Board (R.S. 38:2311).
(6) Louisiana Landscape Architects Selection Board (R.S. 38:2311).
(7) Military Department, state of Louisiana (R.S. 29:1 et seq., including the Governor's Office of Homeland Security and Emergency Preparedness, R.S. 29:721 et seq.).
(8) Law Enforcement Executive Management Institute and its board (R.S. 33:2341 et seq.).
(9) Louisiana Stadium and Exposition District, Board of Commissioners (Act No. 541 of the 1976 Regular Session of the Legislature).
(10) Mental Health Advocacy Service and its board of trustees (R.S. 28:64).
(11) Louisiana Commission on Law Enforcement and Administration of Criminal Justice ( R.S. 15:1201 et seq.). The following agencies are placed under the jurisdiction of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice:
(a) Council on Peace Officer Standards and Training (R.S. 40:2401 et seq.).
(b) Crime Victims Reparations Board (R.S. 46:1801 and R.S. 15:1223).
(c) Louisiana Sentencing Commission (R.S. 15:321 et seq.).
(12) Louisiana Sheriff's Executive Management Institute (R.S. 13:5631 et seq.).
(13) Office of life-long learning (R.S. 17:3931 and 3932).
(14) The governor may establish within his office an office of civil rights (R.S. 49:213).
NOTE: Paragraph (B)(15) repealed by Acts 2013, No. 384, and Acts 2022, No. 623, §10, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.
(15) Office of elderly affairs and the Louisiana Executive Board on Aging (R.S. 46:931 et seq.).
(16) Office of disability affairs (R.S. 46:2581 and 2582).
(17) Children's Cabinet and the Children's Cabinet Advisory Board (R.S. 46:2601 through 2606), Children's Trust Dedicated Fund Account (R.S. 46:2401 through 2407), and Council on the Status of Grandparents Raising Grandchildren (R.S. 46:2605.1 through 2605.3).
(18) Rural Water Infrastructure Committee (R.S. 49:220.31 et seq.) which shall perform its powers, duties, and functions as provided by law.
(19) Louisiana Commission on Human Rights (R.S. 51:2231 through 2265).
(20) Office of the coordinator of faith-based programs (R.S. 49:210.2).
(21) The Louisiana Public Defender Oversight Board (R.S. 15:141 et seq.) shall be placed within the office of the governor as an independent agency and shall exercise its powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:801.1.
(22) Juvenile Justice Reform Act Implementation Commission (R.S. 46:2751 through 2757), which shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.
(23) Office on women's policy (R.S. 46:2521 through 2525). The Louisiana Women's Policy and Research Commission (R.S. 46:2525) is placed within the office on women's policy.
(24) Governor's Office of Indian Affairs (R.S. 46:2301 et seq.), which shall perform and exercise its powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:802.
(25) Intrastate Mutual Aid Subcommittee (R.S. 29:739) which shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.
(26) Office of the state inspector general (R.S. 49:220.21 et seq.).
(27) Office of human trafficking prevention (R.S. 46:2169 et seq.) which shall exercise its powers, duties, and functions as provided by law. The Louisiana Human Trafficking Prevention Commission and Advisory Board (R.S. 46:2165 et seq.) shall be placed within the office of human trafficking prevention.
(28) Drug Policy Board (R.S. 49:219.1 through 219.4), which shall exercise its powers, duties, and functions in accordance with the provisions of R.S. 36:801.1.
(29) Office of rural development (R.S. 3:311 et seq.), which shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.
(30) Repealed by Acts 2024, No. 240, §3, eff. May 23, 2024.
(31) Louisiana Council on the Success of Black Men and Boys (R.S. 49:1211 et seq.), which shall exercise its powers, duties, and functions as provided by law.
(32) Pet Overpopulation Advisory Council (R.S. 47:463.60), which shall perform its powers, duties, and functions as provided by law.
(33) Governor's Advisory Commission on Coastal Protection, Restoration and Conservation (R.S. 49:214.4.1), Coastal Protection and Restoration Authority Board (R.S. 49:214.5.1 et seq.), and Coastal Protection and Restoration Authority (R.S. 49:214.6.1 et seq.), which shall perform and exercise their powers, duties, functions, and responsibilities as provided by law.
(34) Latino Commission (R.S. 49:1221 et seq.), which shall exercise its powers, duties, functions, and responsibilities as provided in R.S. 36:901 et seq., except that the board may solicit, receive, and expend funds as authorized by law.
NOTE: Paragraph (B)(35) eff. upon the appropriation of funds to fully fund the provisions of Acts 2020, 2nd Ex. Sess., No. 24. See Acts 2022, No. 623, §§7, 12(A), and 13(A).
(35) Office of broadband and connectivity (R.S. 51:1361 et seq.) which shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.
(36) Louisiana Governor's Mansion Advisory Commission (R.S. 25:1011 et seq.).
(37) Louisiana Interagency Council on Homelessness (R.S. 40:600.151).
(38) Office of Louisiana Highway Construction under the division of administration.
C. The Public Buildings Board (R.S. 49:131 et seq.) is hereby abolished and its powers, duties, functions, and responsibilities are hereby transferred to the governor.
D. The office of the lieutenant governor shall be in the executive branch of state government. The following agencies are placed within the office of the lieutenant governor and shall exercise their powers, duties, functions, and responsibilities as provided by law:
(1) Encore Louisiana Commission (R.S. 51:1317 et seq.).
(2)(a) The Volunteer Louisiana Commission (R.S. 49:1111 et seq.) shall be transferred to the office of the lieutenant governor as provided in R.S. 36:802, except that the commission shall be authorized to employ, fix the compensation of, remove, and assign duties to the executive director of the commission and shall be authorized to employ, appoint, fix the compensation of, remove, assign, and promote such personnel as are necessary for the commission to perform its powers, duties, functions, and responsibilities in accordance with civil service laws, rules, and regulations.
(b) The term "secretary of the department" as used in R.S. 36:802 shall mean the lieutenant governor and the term "undersecretary of the department" as used in R.S. 36:802 shall mean the undersecretary of the Department of Culture, Recreation, and Tourism for the purposes of this Paragraph.
E - L. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
M. Repealed by Acts 2009, No. 409, §7, eff. July 1, 2009.
N. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
O. Repealed by Acts 2019, No. 434, §2(A), eff. June 30, 2019.
P. Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Q. Repealed by Acts 2009, No. 438, §11(B).
R. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
S. Repealed by Acts 2011, No. 207, §8.
T. Repealed by Acts 2011, No. 207, §4.
U. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
V. Repealed by Acts 2009, No. 438, §11(B).
W. Repealed by Acts 2017, No. 422, §5.
X - BB. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Acts 1976, No. 289, §1; Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 348, §1; Acts 1978, No. 444, §1; Acts 1978, No. 445, §2; Acts 1978, No. 782, §2, eff. July 17, 1978; Acts 1979, No. 206, §2, eff. July 6, 1979; Acts 1979, No. 233, §2; Acts 1981, No. 583, §2, eff. July 20, 1981; Acts 1982, No. 1, §2, eff. May 6, 1982; Acts 1982, No. 122, §1; Acts 1982, No. 496, §2, eff. July 22, 1982; Acts 1982, No. 698, §1; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; S.C.R. No. 3 of 1983; Acts 1983, No. 478, §1, eff. July 6, 1983; Acts 1984, No. 844, §3, eff. July 13, 1984; No. 676, §1, eff. July 13, 1984; No. 889, §2, eff. July 20, 1984; No. 801, §2; Acts 1985, No. 737, §1, eff. Jan. 1, 1986; Acts 1985, No. 772, §3, eff. July 19, 1985; Acts 1985, No. 845, §1, eff. July 23, 1985; Acts 1985, No. 972, §2, eff. July 23, 1985; Acts 1986, No. 765, §6, eff. July 1, 1986; Acts 1986, No. 970, §2; Acts 1987, No. 213, §2; Acts 1987, No. 393, §1; Acts 1987, No. 399, §1, eff. July 8, 1987; Acts 1987, No. 536, §1; Acts 1987, No. 734, §1; Acts 1988, 1st Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, 1st Ex. Sess., No. 2, §1, eff. Mar. 28, 1988; Acts 1988, 1st Ex. Sess., No. 7, §1, eff. Mar. 28, 1988; Acts 1988, No. 332, §2, eff. July 7, 1988; Acts 1988, No. 563, §1, eff. July 14, 1988; Acts 1988, No. 886, §2; Acts 1989, No. 88, §2, eff. June 16, 1989; Acts 1989, No. 282, §2, eff. June 27, 1989; Acts 1989, No. 309, §1; Acts 1989, No. 310, §2; Acts 1989, No. 329, §2; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1989, No. 586, §1, eff. July 6, 1989; Acts 1989, No. 662, §3, eff. Aug. 15, 1989, §8, eff. July 7, 1989, §10, eff. July 1, 1989; Acts 1989, 2nd Ex. Sess., No. 6, §1, eff. July 14, 1989; Acts 1990, No. 2, §2, eff. July 1, 1990; Acts 1990, No. 216, §2; Acts 1990, No. 452, §3, eff. July 1, 1990; Acts 1990, No. 967, §1, eff. Oct. 1, 1990; Acts 1990, No. 1029, §1, eff. July 26, 1990; Acts 1991, 1st Ex. Sess., No. 7, §2, eff. April 23, 1991; Acts 1991, No. 1042, §2; Acts 1992, No. 278, §1; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1992, No. 648, §1, eff. July 2, 1992; Acts 1992, No. 937, §1; Acts 1992, No. 971, §1; Acts 1993, No. 275, §1, eff. July 1, 1993; Acts 1995, No. 185, §2; Acts 1995, No. 322, §2; Acts 1995, No. 464, §1; Acts 1995, No. 742, §1, eff. June 27, 1995; Acts 1995, No. 922, §1; Acts 1995, No. 1033, §1, eff. June 29, 1995; Acts 1996, 1st Ex. Sess., No. 30, §1, eff. May 7, 1996; Acts 1997, No. 1, §3, eff. April 30, 1997; Acts 1997, No. 462, §2; Acts 1997, No. 467, §2; Acts 1997, No. 481, §2, eff. June 1, 1997; Acts 1997, No. 588, §1; Acts 1997, No. 658, §2; Acts 1997, No. 927, §1; Acts 1997, No. 1116, §2; Acts 1997, No. 1361, §2, eff. Dec. 31, 1997; Acts 1998, 1st Ex. Sess., No. 5, §1, eff. April 24, 1998; Acts 1998, 1st Ex. Sess., No. 132, §2; Acts 1998, 1st Ex. Sess., No. 150, §1, eff. July 1, 1998; Acts 1999, No. 603, §2; Acts 1999, No. 709, §1; Acts 1999, No. 1099, §1; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2001, No. 446, §1, eff. June 18, 2001; Acts 2001, No. 451, §5, eff. Jan. 12, 2004; Acts 2001, No. 656, §2; Acts 2001, No. 772, §5, eff. July 1, 2001; Acts 2001, No. 1178, §4, eff. June 29, 2001; Acts 2001, No. 1185, §8, eff. July 1, 2001; Acts 2002, 1st Ex. Sess., No. 85, §2, eff. April 18, 2002; Acts 2002, 1st Ex. Sess., No. 114, §1, eff. April 18, 2002; Acts 2003, No. 49, §4, eff. July 1, 2003; Acts 2003, No. 668, §1, eff. June 27, 2003; Acts 2003, No. 1088, §§1 and 3, eff. Jan 12, 2004; Acts 2003, No. 1225, §4; Acts 2004, No. 167, §2; Acts 2004, No. 643, §1; Acts 2005, No. 428, §3, eff. July 1, 2005; Acts 2006, 1st Ex. Sess., No. 5, §1, eff. Feb. 23, 2006, and §4, eff. June 30, 2016; Acts 2006, 1st Ex. Sess., No. 35, §3, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006; Acts 2006, No. 740, §2, eff. June 29, 2006; Acts 2007, No. 307, §6; Acts 2008, 1st Ex. Sess., No. 12, §1, eff. April 26, 2008; Acts 2008, No. 544, §4, eff. July 1, 2008; Acts 2008, No. 639, §1, eff. July 1, 2008; Acts 2008, No. 733, §1; Acts 2008, No. 743, §§3 and 5, eff. July 1, 2008; Acts 2008, No. 815, §2; Acts 2008, No. 831, §§1 and 6, eff. July 1, 2008; Acts 2009, No. 24, §3, eff. June 12, 2009; Acts 2009, No. 141, §2, eff. June 25, 2009; Acts 2009, No. 263, §2; Acts 2009, No. 342, §1; Acts 2009, No. 409, §7, eff. July 1, 2009; Acts 2009, No. 438, §11(B); Acts 2009, No. 523, §§1, 6, eff. July 10, 2009; Acts 2010, No. 411, §1, eff. July 1, 2010; Acts 2010, No. 573, §1, eff. July 1, 2010; Acts 2010, No. 599, §2; Acts 2010, No. 861, §§17, 22; Acts 2010, No. 877, §1, eff. July 1, 2010; Acts 2011, No. 207, §§4, 5, 8; Acts 2012, No. 251, §10; Acts 2012, No. 350, §2; Acts 2012, No. 553, §2; Acts 2012, No. 604, §1, eff. June 7, 2012; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2013, No. 184, §§8(B), 9, 13; Acts 2013, No. 384, §§3, 6, eff. when one of the 20 executive branch depts. is abolished or a constitutional amendment authorizing an additional dept. becomes effective, whichever is earlier; Acts 2013, No. 417, §2, eff. June 21, 2013; Acts 2014, No. 640, §4, eff. June 12, 2014; Acts 2014, No. 712, §1, eff. July 1, 2014; Acts 2014, No. 832, §3; Acts 2014, No. 864, §1, eff. Jan. 1, 2015; Acts 2016, No. 301, §1, eff. June 2, 2016; Acts 2017, No. 237, §1; Acts 2017, No. 422, §5; Acts 2018, No. 103, §1; Acts 2018, No. 177, §3, eff. May 15, 2018; Acts 2018, No. 570, §1, eff. July 1, 2018; Acts 2019, No. 126, §1, eff. June 6, 2019; Acts 2019, No. 434, §2(A), eff. June 30, 2019; Acts 2020, 2nd Ex. Sess., No. 24, §1, See Act; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2021, No. 352, §1, eff. June 17, 2021; Acts 2021, No. 452, §1; Acts 2022, No. 187, §2; Acts 2022, No. 623, §§4, 9, 12(C), eff. July 1, 2022; Acts 2022, No. 623, §7, see Act; Acts 2022, No. 623, §10, see Act; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2023, No. 245, §1; Acts 2023, No. 314, §1; Acts 2024, 2nd Ex. Sess., No. 22, §2, eff. March 20, 2024; Acts 2024, No. 237, §2, eff. May 23, 2024; Acts 2024, No. 240, §3, eff. May 23, 2024; Acts 2024, No. 590, §1, eff. June 11, 2024; Acts 2025, No. 262, §§2, 3; Acts 2025, No. 375, §1; Acts 2025, No. 478, §10, eff. Oct. 1, 2025.
NOTE: Acts 2013, No. 384, §8, effective July 1, 2013 per §9(A) of the Act, provides that funds allocated for any purpose under the authority of the Office of Elderly Affairs or its successor, the Department of Elderly Affairs, are allocated only to the Office of Elderly Affairs or its successor and are not to be appropriated, allocated or transferred to any other state department, office or programs.
NOTE: R.S. 51:1365 as amended by Acts 2022, No. 760, provides that the provisions of Chapter 12 of Title 51 of the L.R.S. of 1950 regarding the Office of Broadband and Connectivity terminates on June 30, 2028.
A.(1) With regard to the agencies transferred or placed pursuant to the provisions of this Section, the following terms used in R.S. 36:801, 801.1, 802, 803, and 921 shall have the following meanings when used in those Sections:
(a) "Department" means the office of the governor.
(b) "Secretary" means the governor through the commissioner of administration.
(c) "Undersecretary" means the commissioner of administration.
(2) The term "assistant secretary" shall have no application to the transfer or placement of agencies in the office of the governor provided in this Section and shall not be deemed to grant any power or authority to any officer or employee of the office of the governor with respect to any agency transferred to or placed within the office of the governor by this Section.
B. The following agencies are hereby placed within the office of the governor and shall perform and exercise their powers, duties, functions, and responsibilities as provided in R.S. 36:801.1:
(1) The Office of Financial Institutions (R.S. 6:101 et seq.). The Office of Financial Institutions shall be a separate budget unit within the office of the governor.
(2) The Louisiana State Racing Commission (R.S. 4:141 et seq.).
C. The following agencies are hereby transferred to and shall be placed within the office of the governor and shall perform and exercise their powers, duties, functions, and responsibilities as provided in R.S. 36:803:
(1) Louisiana Cemetery Board (R.S. 8:61 through 78).
(2) State Board of Certified Public Accountants of Louisiana (R.S. 37:71 et seq.).
(3) State Board of Architectural Examiners (R.S. 37:141 et seq.).
(4) Louisiana Real Estate Commission (R.S. 37:1430 et seq.).
(5) Louisiana State Board of Home Inspectors (R.S. 37:1471 et seq.).
(6) State Licensing Board for Contractors (R.S. 37:2150 et seq.).
(7) Board of Examiners of Certified Shorthand Reporters (R.S. 37:2551 et seq.).
(8) Louisiana Auctioneers Licensing Board (R.S. 37:3101 et seq.).
(9) State Board of Examiners of Interior Designers (R.S. 37:3171 et seq.).
(10) Louisiana Real Estate Appraisers Board (R.S. 37:3391 et seq.).
(11) Louisiana State Athletic Commission (R.S. 4:61 et seq.).
(12) Louisiana Motor Vehicle Commission (R.S. 32:1251 et seq.).
(13) Louisiana Used Motor Vehicle Commission (R.S. 32:781 et seq.).
(14) Louisiana State Polygraph Board (R.S. 37:2831 et seq.), notwithstanding the provisions of Chapter 36-A of Title 37 of the Louisiana Revised Statutes of 1950 to the contrary.
(15) Louisiana State Board of Cosmetology (R.S. 37:561 et seq.).
D. The Department of Occupational Standards (R.S. 37:1 through 15) is hereby abolished and its powers, duties, functions, and responsibilities are transferred to the governor, through the commissioner of administration, in the office of the governor and hereafter shall be exercised and performed as provided in R.S. 36:921 et seq.
E. Not later than the first day of January in each year, each entity transferred or placed in the office of the governor pursuant to this Section shall submit a copy of its proposed budget for the ensuing fiscal year to each chairman of the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs, pursuant to R.S. 39:1335.
F., G. Repealed by Acts 2021, No. 20, §9.
Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2001, No. 718, §1; Acts 2001, No. 9, §4, eff. July 1, 2001; Acts 2001, No. 907, §1, eff. June 26, 2001; Acts 2003, No. 183, §2; Acts 2003, No. 553, §1; Acts 2003, No. 850, §§1 and 4; Acts 2004, No. 557, §2; Acts 2008, No. 815, §5; Acts 2008, No. 831, §6; Acts 2009, No. 409, §§3, 7, eff. July 1, 2009; Acts 2010, No. 861, §17; Acts 2011, No. 207, §7; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2021, No. 20, §§5, 9; Acts 2025, No. 290, §2.
The secretary, deputy secretary, undersecretary, and assistant secretaries of departments of the executive branch of state government shall be in the unclassified service of the state.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. Not later than thirty days after the governor appoints a person to any public office within the executive branch of state government or to any other public office which requires Senate confirmation, the governor shall provide the secretary of state and the Senate with the information described in Subsection C of this Section.
B. Not later than thirty days after an authority other than the governor appoints a person to any public office which requires Senate confirmation, the authority shall provide the secretary of state and the Senate with the information described in Subsection C of this Section.
C. The information to be provided to the secretary of state and to the Senate pursuant to Subsections A and B of this Section shall include the following:
(1) Name, home address, and telephone number of the person appointed.
(2) Data relating to the position to which the person is appointed including the official designation of the position, the name of the person who is being succeeded, if any, the cause of the vacancy or any other occurrence necessitating the appointment, the effective date of the appointment, and the date on which the appointment expires.
D. "Public office" as used in this Section means any state, district, parish, or municipal office or any position on a board, commission, committee, council, or similar governmental entity if the office or position is appointive and is established by the constitution or laws of this state or by executive order.
Added by Acts 1981, No. 873, §1, eff. Sept. 11, 1981.
A. As used in this Section, "board" includes each board, commission, committee, council, or other multi-member entity within the executive branch of the state government which is established by the constitution or laws of this state or by executive order and on which any of the membership is appointed.
B. On or before January 15 of each year, each board shall submit to the Senate, on forms developed and provided by the Senate, such information as may be requested pertaining to the board's membership.
C. Except for a vacancy due to expiration of a term, each board shall inform the governor and the Senate in writing of the existence and cause of any vacancy in its membership not later than thirty days after the occurrence of the vacancy.
Added by Acts 1981, No. 873, §1, eff. Sept. 11, 1981.
A. In discharging the responsibilities of accounting and budget control and management and program analysis, the undersecretary shall have the following powers:
(1) To direct, conduct, and supervise evaluations and analyses of programs and operations of the department and its agencies and offices.
(2) To review department operations, procedures, rules, and regulations for efficiency, economical management, and conservation of resources and to specify uneconomical practices.
(3) To review and evaluate department programs to determine: (a) whether the program is meeting goals and objectives established by the legislature, or in lieu thereof by the department; (b) whether the program is conducted as effectively and efficiently as possible in terms of services rendered, benefits achieved, and purposes accomplished and in terms of economic costs; (c) whether the program should be modified or eliminated; and (d) what specific changes, if any, should be made in the program. Any such review shall develop and employ relevant and valid criteria and techniques of study which will measure real program effects, which will demonstrate in factual terms results or effects of the program which are related to its goals and objectives, and/or which will measure the effectiveness and efficiency of the operations and administration of the program against objective standards.
(4) To review existing and proposed laws, regulations, and policies pertaining to the operations and programs of the department and report to the secretary, and under his direction to the governor, Senate, and House of Representatives, the impact of such existing and proposed laws and regulations on the efficiency, economy, and effectiveness of the department and to make recommendations for changes in such existing or proposed laws and regulations to improve efficiency, economy, and effectiveness of the department.
(5) To inform the secretary, and under his direction the governor, commissioner of administration, Senate, and House of Representatives, through reports of problems within the department and recommendations for corrective measures.
(6)(a) Each undersecretary under this Section shall conduct a review and analyze the department and its revenues, agencies, the various boards, commissions, and other such entities that may be attached to the department. The review and analysis conducted by the undersecretary shall identify any legislation which has been implemented and has been operational for at least six months in the prior year that affects the department, its revenue, agencies, or other entities under its control and has a fiscal impact which has increased by the amount of one million dollars or more over the amount of the fiscal note as the bill was enacted. The review and analysis shall also examine the impact to the department and its related entities in terms of operations or personnel. Each undersecretary shall compile the report and submit it to the department secretary. The report shall be in a manner as provided by R.S. 24:653(L)(2). The secretary shall review the report and submit the report to the commissioner of administration no later than September thirtieth of each year.
(b) The commissioner of administration shall review the reports as required by Subparagraph (a) of this Paragraph, and shall submit all reports from the departments to the Joint Legislative Committee on the Budget by October thirtieth of each year in accordance with the provisions of R.S. 24:653(L).
B.(1) The undersecretary shall, prior to November twenty-fifth of each year, submit to the secretary an annual report summarizing the activities of his office relating to management and program analysis conducted pursuant to this Section for the preceding fiscal year. The secretary shall, prior to December fifth, submit the report to the governor, to the commissioner of administration, to the House Committee on Appropriations, to the Senate Committee on Finance, and to the standing committee of each house of the legislature having responsibility for oversight of the department as provided in R.S. 49:966. The report shall be prepared in the manner prescribed by the commissioner of administration and shall be accompanied by such other information as the commissioner may require.
(2) Such report shall include:
(a) A description of significant problems, deficiencies, and abuses relating to the administration and management of programs and operations within the department.
(b) Corrective measures recommended by the office for those problems identified pursuant to Paragraph (1) of this Subsection.
(c) An identification of significant recommendations in previous reports on which no action has been taken.
(d) A summary of reports made to the secretary pursuant to this Section.
(e) A list and brief summary of program evaluations made by the office.
(f) A report of progress toward accomplishment of the goals and objectives in the department's five-year strategic plans, including but not limited to an analysis of actual performance achieved, an explanation of the internal operating factors as well as the external factors, which are beyond the control of the department, that affected the achievement of department goals and objectives, and a description of actions needed to address significant variances between the department's strategic goals and objectives and actual performance.
C.(1) The legislative committees which receive reports as provided in Subsection B of this Section shall conduct hearings to review such reports.
(2) The undersecretary is authorized to make, from time to time, to the secretary, and subject to his direction to the appropriate legislative committees, reports concerning matters relating to program evaluations and other studies conducted by the office.
D. The undersecretary may receive and investigate complaints by employees of the department concerning possible violations of laws, rules, or regulations or waste or mismanagement of department funds or resources. The identity of any employee making such a complaint shall not be disclosed to any person without the consent of such employee. Any employee making such a complaint who reasonably believes that a violation of law or of a rule or regulation has occurred or who reasonably believes waste or mismanagement has occurred shall be free from discipline or reprisal for making such complaint. No employee with authority to hire and fire, supervisor, agency head, or elected official shall subject any public employee to reprisal because of any such complaint by an employee.
E. As used in this Section, the following words shall have the following meanings unless the context clearly indicates otherwise:
(1) "Secretary" means the chief administrative officer of each department of the executive branch of state government, except that with respect to agencies of the Department of Education transferred under the provisions of R.S. 36:651(K), "secretary" means the Louisiana Student Financial Assistance Commission, with respect to the Department of Public Service, "secretary" means the Public Service Commission, and with respect to the Department of State Civil Service, "secretary" means the State Civil Service Commission, through the director of state civil service.
(2) "Undersecretary" means the undersecretary of each department in the executive branch of state government, except "undersecretary" means the following in the case of the listed departments:
(a) For the Department of State Civil Service, the State Civil Service Commission through the director.
(b) For the Department of Agriculture, the assistant commissioner for management and finance.
(c) For the Department of Education, the deputy superintendent for management and finance, except that "undersecretary" means the chairman as provided in R.S. 17:3022(A), with respect to any agency transferred under the provisions of R.S. 36:651(K).
NOTE: Subparagraph (E)(2)(d) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(d) For the Department of Children and Family Services, the secretary; however, for the purposes of Paragraph (A)(2) and Subsection D of this Section, "undersecretary" shall mean the undersecretary for the division of management and finance for the department. In addition, for purposes of Paragraph (A)(5) of this Section, reports of problems related to budget, finances, or administration shall be the responsibility of the undersecretary as provided in Paragraph (A)(5) of this Section, and reports of problems related to programs and policy shall be the direct responsibility of the secretary. Any provision of this Section that requires the undersecretary to report to or inform the secretary shall not be applicable to the Department of Children and Family Services for any function or responsibility exercised by the secretary pursuant to this Subparagraph.
NOTE: Subparagraph (E)(2)(d) eff. Oct. 1, 2027. See Acts 2025, No. 477.
(d) For the Department of Children and Family Services, the secretary; however, for the purposes of Paragraph (A)(2) and Subsection D of this Section, "undersecretary" shall mean the undersecretary for the office of management and finance for the department. In addition, for purposes of Paragraph (A)(5) of this Section, reports of problems related to budget, finances, or administration shall be the responsibility of the undersecretary as provided in Paragraph (A)(5) of this Section, and reports of problems related to programs and policy shall be the direct responsibility of the secretary. Any provision of this Section that requires the undersecretary to report to or inform the secretary shall not be applicable to the Department of Children and Family Services for any function or responsibility exercised by the secretary pursuant to this Subparagraph.
(e) For the Department of Insurance, the deputy commissioner for management and finance.
(f) For the Department of Justice, the chief of the office (division) of management and finance.
(g) For the Department of Public Service, the executive secretary of the Public Service Commission.
(h) For the Department of State, the secretary of state.
(i) For the Department of the Treasury, the deputy state treasurer for management and finance.
(j) Repealed by Acts 2018, No. 380, §8, eff. June 30, 2018.
Added by Acts 1982, No. 160, §1. Amended by Acts 1987, No. 230, §1; Acts 1995, No. 911, §1, eff. June 28, 1995; Acts 2001, No. 451, §5, eff. Jan. 12, 2004; Acts 2004, No. 20, §1, eff. July 1, 2004; Acts 2008, No. 314, §1, eff. June 17, 2008; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2010, No. 877, §1, eff. July 1, 2010; Acts 2013, No. 96, §3, eff. July 1, 2013; Acts 2018, No. 380, §§2,8, eff. June 30, 2018; Acts 2025, No. 477, §11, eff. Oct. 1, 2027.
NOTE: See Acts 2001, No. 451, §§8 and 9, relative to effective date of Act.
NOTE: Acts 2005, 1st Ex. Sess., No. 4, eff. Nov. 18, 2005, suspended the provisions of R.S. 36:8(B) requiring annual report of management and program analysis for FY 2004-2005.
NOTE: See Acts 2008, No. 743, §§6, 7, and 8, eff. July 1, 2008, relative to severability, to changing of references to the former Dept. of Labor and former La. Workforce Commission, and to legislative intent for continuity of functioning of local workforce investment boards and the executive director's responsibility therefor.
A.(1)(a) The head of each agency shall make and publish an annual report to the legislature containing a list of all civil actions brought in a court of law by the agency as a named party plaintiff.
(b) The attorney general shall make and publish an annual report to the legislature containing a list of all civil actions brought in a court of law by the state of Louisiana as a named party plaintiff.
(2) Each such report shall include all cases instituted, pending, or concluded during the preceding calendar year and shall:
(a) Contain the names of all parties appearing as plaintiffs at any time during the litigation and all parties named as defendants at any time during the litigation as they appear on the pleadings, the court that has jurisdiction over the matter, the docket number, the cause of action being averred, and the relief being sought.
(b) Indicate the current status of the case, including whether the case has been heard on the merits, whether there is a final judgment therein and, if so, an indication if the final judgment was determined on a procedural or substantive issue, whether the case has settled prior to any final judgment, and whether an appeal has been taken and, if so, if that appeal was initiated by the agency.
(c) List the name or names of all outside counsel representing the agency or the state and the agreement of the agency or the attorney general on behalf of the agency or the state, including the hourly rate of pay for the attorney or attorneys and paraprofessionals or the percentage of compensation or commission or any other arrangement relative to compensation, including payment of compensation by a defendant.
(3)(a) One week before the convening of each annual legislative session, a copy of the report shall be submitted by the head of each agency and the attorney general to the presiding officer of each house of the legislature and shall also be submitted in accordance with the provisions of R.S. 24:772.
(b) The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house, and any legislative committee which receives a report may conduct a hearing thereon.
B.(1) In addition to the report required in Subsection A of this Section, the head of each agency and the attorney general shall submit a quarterly report listing every civil action instituted by the agency or the attorney general since the submission of the last quarterly report.
(2) The quarterly report shall be submitted in the form of an e-mail and shall be sent to the David R. Poynter Legislative Research Library on or before the fourth Monday of the month in which the report is due. The e-mail shall be captioned in the subject line "Litigation Disclosure" and shall include the name of the submitting agency. It shall also contain a uniform resource locator (URL) link to a copy of the original petition for each civil action listed. The e-mail shall clearly indicate the applicable reporting period and list the name and contact information of the person submitting the e-mail and the person responsible for maintaining the URL, which URL shall be maintained by the agency or the attorney general for a minimum of one year.
C. The provisions of this Section shall apply to any civil action filed by the following departments or offices, including offices and agencies thereof, collectively referred to in this Section as "agency":
(1) Department of Agriculture and Forestry.
(2) Department of State Civil Service.
(3) Louisiana Economic Development.
(4) Department of Education.
(5) Department of Children and Family Services, except cases brought pursuant to the Children's Code and Title 46 of the Louisiana Revised Statutes of 1950.
(6) Department of Culture, Recreation and Tourism.
(7) Department of Environmental Quality.
(8) Louisiana Department of Health, including, but not limited to Medicaid fraud and recovery cases.
(9) Department of Insurance.
(10) Department of Justice.
(11) Department of Conservation and Energy.
(12) Department of Public Safety and Corrections, except cases involving the Motor Vehicle Safety Responsibility Law.
(13) Department of Public Service.
(14) Department of State.
(15) Department of Transportation and Development.
(16) Department of the Treasury.
(17) Department of Veterans Affairs.
(18) Department of Revenue, except those cases brought to collect less than ten thousand dollars of state taxes owed.
(19) Department of Wildlife and Fisheries, except cases brought for class one violations under the provisions of R.S. 56:31.
(20) Louisiana Works, except cases involving recovery of unemployment insurance payments and workers' compensation fraud.
(21) Office of the governor, including the division of administration.
(22) Office of the lieutenant governor.
D. As used in this Section, the following words and phrases have the following meanings ascribed to them unless the context clearly indicates otherwise:
(1) "Civil action" means any suit, action, or cause instituted in a court of law, exclusive of criminal matters, matters involving interstate compacts, actions to make executory a judgment or order of any adjudicatory body of this state, or an action brought pursuant to the Enforcement of Foreign Judgments Act.
(2) "Court" or "court of law" means any court authorized by Article V of the Constitution of Louisiana.
(3) "Head of each agency" means the department secretary or chief administrative officer of each department of the executive branch.
(4) "Outside counsel" means any attorney, other than in-house counsel, who is being or has been paid by any agency or the state or who is entitled to or potentially entitled to compensation or a commission as a result of the legal proceeding. For purposes of this Paragraph, "in-house counsel" means any attorney employed by an agency, including the Department of Justice, who is eligible to participate in the Louisiana State Employees' Retirement System by virtue of such employment.
Acts 2014, No. 204, §1, eff. July 1, 2014; Acts 2023, No. 150, §10, eff. Jan. 10, 2024.
A. The secretary of a department that includes an agency that has an appropriation in the general appropriation bill or the ancillary appropriation bill of thirty million dollars or more shall establish an internal audit function and shall establish an office of the chief audit executive who shall be responsible for ensuring that the internal audit function adheres to the Institute of Internal Auditors, International Standards for the Professional Practice of Internal Auditing. The chief audit executive shall maintain organizational independence in accordance with these standards and shall have direct and unrestricted access to the secretary. The chief audit executive shall annually certify to the secretary that the internal audit function conforms to the Institute of Internal Auditors, International Standards for the Professional Practice of Internal Auditing.
B. For the purpose of this Section, "secretary" means the chief administrative officer of each department in the executive branch of state government, except "secretary" means the following in the case of the listed departments:
(1) For the Department of State Civil Service, the State Civil Service Commission through the director.
(2) For the Department of Agriculture and Forestry, the commissioner of agriculture and forestry.
(3) For the Department of Education, the state superintendent of education, except as otherwise provided in Title 17 of the Louisiana Revised Statutes of 1950 relative to the internal audit function for the Louisiana Student Financial Assistance Commission, the Board of Regents, and the postsecondary education management boards and institutions and agencies under the authority of those agencies.
(4) For the Department of Insurance, the commissioner of insurance.
(5) For the Department of Justice, the attorney general.
(6) For the Department of Public Service, the Public Service Commission.
(7) For the Department of State, the secretary of state.
(8) For the Department of the Treasury, the state treasurer.
(9) For Louisiana Works, the executive director.
(10) For the office of the governor and all of the agencies transferred or placed within the office of the governor, the commissioner of administration.
Acts 2015, No. 314, §3.
A. All organizational units in the departments of the executive branch of state government shall be designated and named as provided in this Section.
B. Each organizational unit which is within an office of a department shall be designated as follows:
(1) A subunit of an office shall be designated as a division.
(2) A subunit of a division shall be designated as a section.
(3) A subunit of a section shall be designated as a unit.
NOTE: Subsection C eff. until Oct. 1, 2027. See Acts 2025, No. 477.
C.(1) Each organizational unit which reports to the secretary, which is not an agency and is not within an office, shall be in the executive office of the secretary and shall be designated as follows:
(a) A unit which reports directly to the secretary shall be designated as a bureau.
(b) A subunit of a bureau shall be designated as a section.
(c) A subunit of a section shall be designated as a unit.
(2) For the Department of Children and Family Services, each organizational unit which reports to the secretary, which is not an agency and is not within the division of management and finance, the division of child welfare, or the division of family support, shall be in the executive division, and shall be designated as follows:
(a) A unit which reports directly to the secretary shall be designated as a bureau.
(b) A subunit of a bureau shall be designated as a section.
(c) A subunit of a section shall be designated as a unit.
NOTE: Subsection C eff. Oct. 1, 2027. See Acts 2025, No. 477.
C. Each organizational unit which reports to the secretary, which is not an agency and is not within an office, shall be in the executive office of the secretary and shall be designated as follows:
(1) A unit which reports directly to the secretary shall be designated as a bureau.
(2) A subunit of a bureau shall be designated as a section.
(3) A subunit of a section shall be designated as a unit.
D. The officers of each department shall be responsible for implementation of this Section and shall report to the speaker of the House of Representatives and the president of the Senate the completion of such implementation and the changes in designation of organizational units made as provided in this Section.
Acts 1987, No. 736, §1; Acts 2010, No. 877, §1, eff. July 1, 2010; Acts 2016, No. 90, §2, eff. July 1, 2016; Acts 2025, No. 477, §11, eff. Oct. 1, 2027.
A. The salary of the governor shall be one hundred thirty thousand dollars, payable monthly upon his own warrant.
B. The salary of each statewide elected official, except the governor, shall be one hundred fifteen thousand dollars, payable monthly upon the statewide elected official's own warrant.
Acts 1992, No. 893, §2, eff. July 8, 1992; Acts 1995, No. 846, §2, eff. Jan. 8, 1996 (noon); Acts 2007, No. 440, §1, eff. Jan. 14, 2008.
NOTE: See Acts 2007, No. 440, §§2 and 3, relative to effectiveness and payment of increases.
A. For purposes of this Chapter, the term "abortion" shall have the meaning ascribed in R.S. 14:87.1.
B.(1) No institution, board, commission, department, agency, official, or employee of the state, or of any local political subdivision thereof, shall contract with, award any grant to, or otherwise bestow any funding upon, an entity or organization that performs abortions, or that contracts with an entity or organization that performs abortions, in this state. The prohibition provided in this Section shall apply to state funds, federal funds, and any other funds that may be used for purposes of contracting for services, providing reimbursements, or grant issuance.
(2) The prohibition provided in this Section shall not be construed to restrict funding to an entity that may perform the following types of abortions, exclusively:
(a) An abortion which is medically necessary to prevent the death of the mother.
(b) An abortion in a case when the mother is a victim of rape or incest.
(c) An abortion performed when the pregnancy is diagnosed as medically futile. For purposes of this Subparagraph, "medically futile" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that is incompatible with sustaining life after birth. This diagnosis shall be a medical judgment certified in the pregnant woman's medical record by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
NOTE: Chapter amended and redesignated as R.S. 49:200.51 by Acts 2018, No. 498, eff. 30 days after federal action.
§21. Amended and redesignated as R.S. 49:200.51 pursuant to Acts 2018, No. 498, eff. 30 days after federal action.
Added by Acts 2016, No. 304, §1, eff. June 2, 2016; Acts 2018, No. 498, §1, eff. 30 days after federal action.
In order to provide for the administration of the state civil service system, there shall be a Department of State Civil Service as created in the constitution, which shall be a body corporate with power to sue and be sued. The functions of the department shall be as defined in the constitution or by law.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
On or before July 1, 1977, as provided in R.S. 36:954, the State Civil Service Commission shall be within the Department of State Civil Service, with all powers and duties enumerated in the constitution or by law.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The following agencies are hereby placed within the Department of State Civil Service in accordance with the provisions of R.S. 36:801:
(1) State examiner of municipal fire and police civil service and office of the state examiner of municipal fire and police civil service (Parts II and III of Chapter 5 of Title 33 of the Louisiana Revised Statutes of 1950).
(2) Board of Ethics (R.S. 42:1101 et seq.). The State Civil Service Commission and the Department of State Civil Service and its director shall in no way interfere with, review, or change the decisions of the Board of Ethics.
(3) Division of administrative law (R.S. 49:991 et seq.).
B. The following agencies are hereby placed within the Department of State Civil Service in accordance with the provisions of R.S. 36:801.1:
(1) State Police Service (Article X, Sections 41 through 51 of the Constitution of Louisiana).
(2) Board of Tax Appeals (R.S. 47:1401 et seq.). The State Civil Service Commission, the Department of State Civil Service, and its director shall in no way interfere with, review, or change the decisions or operations of the Board of Tax Appeals. There shall be a Local Tax Division of the Board of Tax Appeals.
C. For purposes of this Chapter, references in Chapters 22 and 24 of this Title to the "secretary", the "undersecretary", or an "assistant secretary" shall be construed to mean the State Civil Service Commission, through the director.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1982, No. 698, §1; Acts 1987, No. 737, §2; Acts 1991, No. 88, §1, eff. June 26, 1991; Acts 1995, No. 739, §1, eff. Oct. 1, 1996; Acts 1996, 1st Ex. Sess., No. 64, §5, eff. Jan. 1, 1997; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2014, No. 640, §1, eff. June 12, 2014; Acts 2020, 2nd Ex. Sess., No. 33, §2; Acts 2022, No. 623, §4, eff. July 1, 2022.
The State Civil Service Commission through the director of state civil service shall be responsible for accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management for the department.
Added by Acts 1982, No. 160, §1.
A. Louisiana Economic Development is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.
B. Louisiana Economic Development, through its offices and officers, shall be responsible for fostering the growth of industry and other commercial enterprises in Louisiana that will contribute to the overall improvement of the economy of the state. The department shall promote the advantages of Louisiana to out-of-state business and industry, facilitate the expansion of existing enterprises, and coordinate with other state agencies and units of local government plans and programs aimed at developing optimum conditions for new and expanding industrial and commercial enterprises in Louisiana.
C.(1) Louisiana Economic Development shall be composed of the office of economic development and other offices as shall be created by law.
(2) Whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.
(3)(a) However, the department shall be prohibited from employing, appointing, or assigning any of the following persons to positions within the department for a period of two years following the termination of their public service as any of the following:
(i) An elected official who was serving in such capacity as of March 26, 2001.
(ii) An appointee or employee of the executive branch of state government who was subject to Senate confirmation and who was appointed or employed as of March 26, 2001. However, officers and employees of Louisiana Economic Development and the office of film and video within the Department of Culture, Recreation and Tourism shall be exempted from this Subparagraph.
(iii) An officer, appointee, or employee of the office of the governor as of March 26, 2001.
(b) The department shall also be prohibited from contracting with any of the persons described in Subparagraph (a) of this Paragraph for a period of two years following the termination of their public service in the capacities described in Subparagraph (a) of this Paragraph.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1984, No. 633, §1; Acts 1984, No. 455, §1, eff. Oct. 1, 1984; Acts 1985, No. 520, §1; Acts 1987, No. 736, §1; Acts 1988, No. 563, §1, eff. July 14, 1988; Acts 1991, No. 490, §1, eff. July 15, 1991; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2001, No. 9, §4, eff. July 1, 2001; Acts 2010, No. 743, §1B, eff. July 1, 2010; Acts 2023, No. 459, §1, see Act; Acts 2024, No. 312, §1, eff. July 1, 2024; Acts 2024, No. 590, §1, eff. June 11, 2024; Acts 2024, No. 755, §4; Acts 2025, No. 432, §1.
NOTE: See Acts 1987, No. 736, §3.
NOTE: See Acts 1988, No. 563, §2.
NOTE: See Acts 2001, No. 8, §19, relative to precedence of certain provisions of Acts 2001, No. 9, over provisions of Act 8.
A. The officers of Louisiana Economic Development shall be the secretary and the deputy secretary if a deputy secretary is appointed, each of whom shall be selected and shall perform functions as provided in this Title.
B. No person serving as a secretary or deputy secretary shall receive any additional salary from the state other than that salary which the person receives by virtue of serving in any one of such offices. Neither the secretary nor the deputy secretary shall be a statewide elected official.
C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person serving or appointed to serve as a secretary or deputy secretary may receive additional compensation for part-time services rendered as an instructor in post-secondary educational institutions or as a member of the National Guard.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2024, No. 590, §1, eff. June 11, 2024.
There shall be a secretary of economic development, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of Louisiana Economic Development and shall have the responsibility for the policies of the department, except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department; provided that the secretary shall perform his functions under the general control and supervision of the governor.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1988, No. 563, §1, eff. July 14, 1988.
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, the secretary shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Advise the governor on problems concerning the administration of the department.
(6) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose, the secretary may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state. The office shall develop and implement a plan to actively seek federal, private, and other grants to support the activities of the department and advance the economic growth and prosperity of the state.
(7) Make, publish, and submit electronically an annual report to the governor, every member of the legislature, and the Senate Committee on Commerce, Consumer Protection, and International Affairs, and the House Committee on Commerce concerning the operations of the department, including an overview of each business incentive and assistance program administered by the department, and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon request of the governor, the legislature, or any committee or member thereof. The overview of each business incentive and assistance program administered by the department shall include a brief description of each program's objective and annual activity and performance information including, as applicable, number of applications received, number of new projects, amount of associated certified spending in the state, number of new permanent jobs, number of construction jobs, number of retained permanent jobs, amount of associated capital investment, and amount of incentive awarded.
(8) Repealed by Acts 2010, No. 1034, §3.
(9) Provide assistance to, respond to inquiries from, and obtain information for individual businesses, firms, and local communities concerning regulatory matters, including matters relating to compliance with regulatory policies, rules, and programs, timely responses to permit applications, and consistency in regulatory practices.
(10) Provide for promotion and marketing of business opportunities in the state.
(11) Foster and enhance international maritime trade.
(12) Provide planning and marketing coordination and assistance to the ports of Louisiana and connecting waterways' interest.
(13) Insure that an inventory is maintained of ports, navigable waterways, water transportation facilities, intermodal transportation systems and facilities, and infrastructure transportation systems, public and private, with respect to their location, capacities, and capabilities and serve as a clearinghouse for inquiries pertaining to ports, waterways, and intermodal transportation systems.
(14) Notwithstanding other provisions in this Subsection, the secretary of Louisiana Economic Development may provide targeted economic development efforts in priority economic development zones. Such targeted programs shall be in addition to programs already in existence or any programs that may have been implemented in these areas by the department under normal circumstances. "Priority economic development zone" means any parish listed as one of the ten parishes with the highest unemployment rates in Louisiana and any municipality listed as one of the twenty-five municipalities with the highest unemployment rates in Louisiana as of July first of any given year and according to statistics compiled by Louisiana Works.
(15)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (7) of this Subsection.
(16) Develop a comprehensive strategic plan and long-range economic development plan in consultation with, and advice from, the Louisiana Economic Development Partnership.
(17)(a) Notwithstanding any provision of law to the contrary and with the approval of the commissioner of administration, have the authority to:
(i) Enter into a cooperative endeavor agreement or an interagency agreement providing for the lease, sublease, or sale of property that is designated by the commissioner of administration to be under the control and supervision of Louisiana Economic Development for establishment and operation of a facility for the purpose of creating economic benefits to the state, including new jobs, payroll, or other benefits.
(ii) Directly purchase property by act of cash sale or enter into an option for purchase of property for the purpose of creating economic benefits to the state, including new jobs, payroll, or other benefits.
(b) Any revenue received from the lease, sublease, or sale of property pursuant to this Paragraph shall be deemed self-generated revenue and shall be deposited into the Site Investment and Infrastructure Improvement Fund.
(c) For the sole purpose of exercising the authority granted in accordance with Subparagraph (a) of this Paragraph, and with the approval of the division of administration, the department may create a single purpose entity that shall have the authority to act on behalf of the department for the limited purposes listed in Subparagraph (a) of this Paragraph.
(d) Any lease, sublease, or sale of property listed in this Paragraph has to first be approved by the commissioner of administration. After the lease, sublease, or sale of property has been initiated, the Joint Legislative Committee on the Budget shall have oversight on the purchase process.
B. The secretary shall have the authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it;
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis, and
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(b) All of the above are to be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of Louisiana Economic Development, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to employment and management.
(5) Assist small businesses, including minority businesses, of the state in capital formation, offer assistance to such small businesses in obtaining such local, state, and federal permits as are necessary for the conduct of business, and provide through the department for ongoing technical and management assistance to small businessmen throughout the state.
(6) Do other such things, not inconsistent with law, as are necessary to perform properly the functions vested in him.
(7) Establish and collect fees and recover costs from any person applying for financial incentives or assistance granted by the department, not exceeding the amounts provided for in Subsection C of this Section. The amount of the fees shall be established in rules promulgated in accordance with the Administrative Procedure Act. The rules may also include provisions for the reduction or waiver of fees and advance deposit for costs. All fees shall be nonrefundable unless otherwise provided for by rules.
(8) Enter into interagency or cooperative agreements with the Department of Environmental Quality to explore and develop markets and technologies for used or recycled tire rubber that will assist and enable the development of Louisiana businesses.
(9) Establish and collect a verification report fee, as defined in R.S. 36:104.1, as required for a Louisiana Economic Development incentive program. The fee shall be established and collected as provided in R.S. 36:104.1, and as may be further provided by rule promulgated in accordance with the Administrative Procedure Act.
(10) Notwithstanding any provision of law to the contrary, exercise discretion in reconsidering the disallowance of any amounts of an incentive administered by Louisiana Economic Development when the basis of the disallowance relates to the expiration of filing deadlines or the failure to perform a requirement of the program due to the occurrence of an event beyond the control of the incentive recipient.
C. The amount of fees and costs shall not exceed the following:
(1) The fee for an advance notification shall not exceed two hundred fifty dollars.
(2) The fee for filing an application shall be equal to one-half of one percent of the amount of the incentives or exempted taxes. However, the minimum amount shall be five hundred dollars and the maximum amount of the fee shall be fifteen thousand dollars.
(3) The fee for a loan guaranty shall not exceed four percent of the guaranteed loan amount.
(4) The fee for an affidavit of final cost or project completion report, regardless of whether it is the original report or an amended report, shall not exceed two hundred fifty dollars.
(5) The fee for an annual certification report, including but not limited to compliance reports, employee reports, and payroll reports shall not exceed two hundred fifty dollars.
(6) The fee for a contract amendment, including but not limited to a transfer or name change shall not exceed two hundred fifty dollars.
(7) The fee for a contract renewal shall not exceed two hundred fifty dollars.
(8) The fee for a statutorily required verification report, including but not limited to an expenditure verification by a certified public accountant or tax attorney, audits, attestations, tax opinions, or other reports under agreed-upon procedures shall not exceed the actual cost to the department based on hours expended at a rate not to exceed two hundred fifty dollars an hour for department-contracted services or salary and benefits for department employee services.
D. Fees collected pursuant to Subsection C of the Section shall be used solely for costs associated with the administration of department programs.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1980, No. 614, §1; Acts 1986, No. 684, §1; Acts 1987, No. 736, §1; Acts 1988, No. 563, §1, eff. July 14, 1988; Acts 1991, No. 490, §1, eff. July 15, 1991; Acts 1993, No. 736, §1; Acts 2003, No. 183, §2; Acts 2003, No. 789, §2; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 1034, §§1, 3; Acts 2015, No. 361, §1, eff. July 1, 2015; Acts 2015, No. 412, §1; Acts 2016, No. 557, §2; Acts 2024, No. 590, §1, eff. June 11, 2024; Acts 2025, No. 432, §1.
A. In order to protect the integrity of its programs by ensuring that tax credits are certified only for eligible expenditures, and to provide for uniformity in expenditure verification reporting, Louisiana Economic Development shall directly engage and assign an independent certified public accountant, hereinafter referred to as "CPA", or tax attorney to prepare for the department any required expense or expenditure verification report on a tax credit applicant's cost report of expenditures or claimed expenditures for all of the following programs:
(1) Motion picture investor tax credit program, R.S. 47:6007.
(2) Research and development tax credit program, R.S. 47:6015.
(3) Digital interactive media and software tax credit program, R.S. 47:6022.
(4) Sound recording investor tax credit program, R.S. 47:6023.
(5) Musical and theatrical production income tax credit program, R.S. 47:6034.
(6) Any other program as provided by statute or department rule.
B. For purposes of this Section, the term "certified public accountant", or "CPA", shall mean a person who meets all of the following qualifications:
(1) Maintains an active unrestricted original certified public account license.
(2) Maintains a current Louisiana certified public account firm permit.
(3) Actively participates in a Peer Review Program approved by the State Board of Certified Public Accountants of Louisiana.
(4) Completes eight hours of continuing professional education in approved Louisiana Economic Development tax credit attestation courses per reporting cycle.
(5) Is capable of conducting two levels of review within the CPA firm or, if not within the firm, then through a cooperative endeavor with another CPA for the review of a verification report prior to its issuance.
C. For purposes of this Section, the term "tax attorney" shall mean a person who meets all of the following qualifications:
(1) Admitted to the practice of law in Louisiana.
(2) Either possesses a Masters of Law in Taxation or Tax Law from an ABA-accredited law school, or is Board Certified as a Tax Law Specialist by the Louisiana Board of Legal Specialization.
(3) Practices in a law firm with an office in Louisiana.
(4) Completes six hours of continuing legal education in the federal research and development tax credit under Section 41 of the Internal Revenue Code per reporting cycle.
D. The applicant seeking certification of tax credits shall be responsible for and assessed an expenditure or expense verification report fee which shall be equal to the actual cost of the verification report. The fee shall not exceed twenty-five thousand dollars and shall be based upon either an hourly rate not to exceed two hundred twenty-five dollars per hour for contract services, or the pro rata cost of salary and benefits for a department-employed CPA.
E. The applicant seeking certification of tax credits shall be required to submit an up-front deposit of the expenditure or expense verification report fee, which shall not exceed fifteen thousand dollars, as required by the relative program statute or rules.
F. The applicant seeking tax credits shall make all records related to the tax credit application available to the CPA or tax attorney assigned by the department to prepare and submit to the department a verification report on the applicant's cost report of expenditures or expenses.
G. The term "verification report" shall include any agreed-upon procedure, tax opinion, attestation, or other report required by statute or department rule. Prior to submission to the department, a verification report shall require two levels of review either within a CPA firm, or a second review through a cooperative endeavor with another CPA.
Acts 2015, No. 412, §1.
There may be a deputy secretary of the department, who shall be appointed by the secretary with consent of the Senate and who shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the deputy secretary shall be determined and assigned by the secretary. If appointed, he shall serve as acting secretary in the absence of the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
Repealed by Acts 2024, No. 590, §5, eff. June 11, 2024.
Repealed by Acts 2024, No. 590, §5, eff. June 11, 2024.
A. The purposes for which the offices of the Louisiana Economic Development are created shall be as set forth in this Section.
B. The office of economic development shall perform the following functions of the state:
(1) The office shall provide for the attraction, retention, and expansion of industrial and business investments to or in Louisiana.
(2) It shall identify obstacles to growth of Louisiana industries and develop remedies for such obstacles.
(3) International trade and investment attraction are vital to Louisiana's diversification and economic well being in an increasingly competitive global marketplace. The office shall assist in the promotion of Louisiana products and services to international markets and encourage and enable the development of export markets for Louisiana businesses. Further, it shall assist in the location of international companies in Louisiana.
(4) The office shall include in various activities the facilities, capacities, and capabilities of ports and intermodal and infrastructure transportation systems functioning in the state.
(5) The office shall provide services to small and medium-sized businesses in Louisiana, without regard to race or gender, and encourage and support the startup of new small businesses and the growth and retention of existing Louisiana firms.
(6) It shall be responsible for job training assistance, including effective cooperation with the training programs of Louisiana Works, the Department of Education and the State Board of Elementary and Secondary Education, the Board of Regents, the Board of Supervisors of Community and Technical Colleges, the Department of Children and Family Services, and the Department of Public Safety and Corrections. The office shall also coordinate its training efforts with the Louisiana Workforce Investment Council.
(7) The office shall provide research necessary to support the work of the department and its offices, including analyzing new economic development policy directions, assessing the effectiveness of existing policies for the department and for the governor, and developing industry-specific research and promotional materials.
(8) The office shall develop and maintain an economic information database and information networks and maintain relevant economic and market data.
(9) It shall be responsible for a leadership role in developing an annual business plan for the department.
(10) It shall provide an information ombudsman service for Louisiana businesses and others requiring information about doing business in Louisiana, including obtaining information from Louisiana government agencies and obtaining information about problems faced by such businesses.
(11) The office shall develop and implement new policies and programs designed to encourage and enable economic and industrial diversification, and it shall be the focal point for technology-driven economic development strategies.
(12) It shall support innovation and entrepreneurship within the Louisiana economy and provide leadership in the modernization of existing Louisiana firms.
(13) It shall serve as a conduit between universities and businesses to encourage collaboration and research.
(14) It shall provide entrepreneurial assistance when appropriate and work to identify and remedy laws, policies, and practices that impair the growth, expansion, development, and retention of Louisiana businesses.
(15) It shall maintain and provide information on financial and infrastructure resources for businesses as well as identify gaps in the financial infrastructure available to support Louisiana businesses.
(16) It shall promote and provide financial incentives for new investments.
(17) It shall identify sources of nonstate funds for economic development purposes and develop and implement a plan to increase access to these funds.
(18) It shall cooperate and collaborate with regional and local economic development entities throughout the state.
(19) It shall promote and develop popular commercial music and its related industry in Louisiana.
(20) Repealed by Acts 2003, No. 551, §5.
(21) It shall provide support and assistance to community based nonprofit organizations engaged in economic development activities.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 258, §1; Acts 1984, No. 633, §1, No. 455, §2, eff. Oct. 1, 1984; Acts 1986, No. 571, §1; Acts 1988, No. 563, §1, eff. July 14, 1988; Acts 1991, No. 490, §1, eff. July 15, 1991; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1993, No. 279, §1, eff. June 2, 1993; Acts 1995, No. 165, §§1, 2; Acts 2001, No. 8, §18, eff. July 1, 2001; Acts 2001, No. 9, §4, eff. July 1, 2001; Acts 2001, No. 586, §2, eff. June 22, 2001; Acts 2003, No. 551, §5; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2023, No. 459, §1, see Act; Acts 2024, No. 312, §1, eff. July 1, 2024; Acts 2024, No. 755, §4; Acts 2025, No. 432, §1.
NOTE: Acts 2001, No. 8, §18, repealed Subsection C. Subsection C was also removed by the revision of the Section in Acts 2001, No. 9, §4.
NOTE: Acts 2001, No. 586, §2, amended language removed by the revision of this Section in Acts 2001, No. 9.
A. The Board of Commerce and Industry (Article XIV, Section 14(b.2) of the 1921 Louisiana Constitution made statutory by Article XIV, Section 16(A)(10) of the 1974 Louisiana Constitution; R.S. 51:921 through 947; R.S. 47:3201 through 3205) is transferred to and hereafter shall be within Louisiana Economic Development, in accordance with the provisions of R.S. 36:901, except that the Board of Commerce and Industry shall continue to exercise those powers, duties, and functions with respect to the granting of tax exemptions for new manufacturing establishments or extensions thereof which it is authorized by the Constitution of Louisiana or by law to exercise.
B. The following agencies are placed within Louisiana Economic Development and shall perform and exercise their powers, duties, functions, and responsibilities as provided by law:
(1) The Louisiana Board of International Commerce ( R.S. 51:3132 et seq.).
(2) The Louisiana Military Advisory Council (R.S. 29:61 et seq.).
C. The Department of Commerce and Industry (R.S. 51:921 through 938) is hereby abolished and its powers, duties, functions, and responsibilities are transferred to the secretary of Louisiana Economic Development and hereafter shall be exercised and performed as provided in R.S. 36:921 et seq.
D. The Louisiana Economic Development Corporation and its board of directors (R.S. 51:2311 et seq.) are placed within Louisiana Economic Development and shall exercise and perform their duties, powers, functions, and responsibilities in the manner provided for agencies transferred in accordance with R.S. 36:801.
E. The office of entertainment industry development is hereby abolished and its powers, duties, functions, and responsibilities are transferred to Louisiana Economic Development and hereafter shall be exercised and performed as provided in R.S. 36:921 et seq.
F. The office of international commerce is hereby abolished and its powers, duties, functions, and responsibilities are transferred to Louisiana Economic Development and hereafter shall be exercised and performed as provided in R.S. 36:921 et seq.
Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 351, §1; Acts 1979, No. 258, §1; Acts 1979, No. 760, §2; Acts 1980, No. 697, §2; Acts 1980, No. 761, §2; Acts 1980, No. 768, §1, eff. July 31, 1980; Acts 1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1982, No. 239, §2; Acts 1983, No. 508, §5; Acts 1983, No. 724, §3; Acts 1984, No. 455, §1, eff. Oct. 1, 1984; Acts 1984, No. 632, §1, eff. July 12, 1984; Acts 1984, No. 227, §1, eff. June 29, 1984; Acts 1984, No. 773, §3, eff. Sept. 1, 1984; Acts 1985, No. 742, §§5, 6 (in part eff. Aug. 1, 1986); Acts 1985, No. 779, §2, eff. July 22, 1985; Acts 1985, No. 970, §1, eff. Aug. 1, 1985; Acts 1986, No. 128, §2, eff. June 26, 1986; Acts 1986, No. 569, §§1, 5, eff. July 2, 1986; Acts 1986, No. 683, §§1, 3, eff. Aug. 1, 1986; Acts 1987, No. 483, §2; Acts 1988, No. 563, §1, eff. July 14, 1988; Acts 1988, No. 816, §§1, 3; Acts 1988, No. 888, §§3, 4, eff. July 21, 1988; Acts 1989, No. 101, §2; Acts 1989, No. 140, §2, eff. June 22, 1989; Acts 1989, No. 445, §3; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1990, No. 452, §1, eff. July 1, 1990; Acts 1990, No. 584, §2, eff. July 19, 1990; Acts 1991, No. 23, §3; Acts 1991, No. 64, §1; Acts 1991, No. 317, §§1 and 2; Acts 1991, No. 490, §1, eff. July 15, 1991; Acts 1992, No. 727, §1; Acts 1992, No. 744, §1; Acts 1992, No. 797, §1, eff. July 1, 1992; Acts 1992, No. 901, §§2, 3, eff. July 8, 1992; Acts 1995, No. 690, §1; Acts 1996, 1st Ex. Sess., No. 29, §1; Acts 1996, 1st Ex. Sess., No. 30, §1, eff. May 7, 1996; Acts 1997, No. 1116, §2; Acts 1999, No. 61, §1; Acts 1999, No. 431, §1; Acts 1999, No. 603, §1; Acts 2001, No. 8, §18, eff. July 1, 2001; Acts 2001, No. 9, §§4, 10, eff. July 1, 2001; Acts 2001, No. 833, §1; Acts 2001, No. 1183, §1; Acts 2003, No. 551, §1; Acts 2003, No. 553, §3; Acts 2003, No. 1108, §1; Acts 2005, No. 428, §§1 and 3, eff. July 1, 2005; Acts 2005, No. 487, §2, eff. July 12, 2005; Acts 2006, No. 713, §4, eff. July 1, 2006; Acts 2007, No. 456, §1, eff. July 1, 2007; Acts 2008, No. 815, §5; Acts 2009, No. 82, §1; Acts 2010, No. 743, §1D, eff. July 1, 2010; Acts 2012, No. 687, §1, eff. June 7, 2012; Acts 2012, No. 810, §1; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2018, No. 661, §11B; Acts 2021, No. 20, §5; Acts 2025, No. 432, §1.
A. There is hereby created an advisory committee to be known as the Louisiana Economic Development Partnership. The committee shall advise the department on matters relating to economic development policies, strategies, programs, and initiatives to promote economic growth in the state.
B.(1) The committee shall consist of eleven appointed members as follows:
(a) Nine members appointed by the governor, one from within the geographic boundaries of each of the state's eight regional economic development organizations and one at large.
(b) One member appointed by the president of the Senate.
(c) One member appointed by the speaker of the House of Representatives.
(2) The secretary of Louisiana Economic Development or his designee shall serve as an ex-officio and nonvoting member of the committee.
C. No member of the advisory committee shall hold an elected office while serving as an appointed member of the advisory committee.
D. Vacancies on the advisory committee shall be filled in the same manner as the original appointment.
E. The secretary of Louisiana Economic Development or his designee shall serve a term coterminous with the term of the governor. The remaining members shall serve four-year terms, except that, of the initial appointments, four shall be for two-year terms, four shall be for three-year terms, and three shall be for four-year terms. Vacancies shall be filled in the manner of original appointment. No member shall be eligible to serve more than two terms; however, after the expiration of the term of a member appointed to serve three years or less, two additional terms may be served if appointed thereto. A person appointed to fill a vacancy may be appointed to serve two additional terms.
F. The committee may meet quarterly and may hold additional meetings as necessary.
G. A majority of the appointed members of the committee shall constitute a quorum.
H. Members of the committee shall serve without compensation, but each member shall be entitled to reimbursement of actual and necessary expenses incurred in the performance of official duties in accordance with state travel regulations.
I. The committee shall annually elect a chairman and other officers as may be deemed necessary.
Acts 2024, No. 590, §1, eff. June 11, 2024; Acts 2025, No. 432, §1.
NOTE: See note below regarding effectiveness.
A. The Department of Elderly Affairs is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.
B. The Department of Elderly Affairs, through its offices and officers, shall be responsible for the functions of the state that are designed to meet the needs of Louisiana residents sixty years of age or older and for planning, monitoring, coordination, and delivery of services to persons of the state who are elderly, including but not limited to coordination of services of all state agencies serving persons who are elderly and requiring reports from such agencies; developing a plan for efficient coordination of functions and services for persons who are elderly and for consolidation of such functions and services within the department with local administration by the parish voluntary councils on aging; administration of the Older Americans Act and related programs; administration of all federal funds appropriated, allocated, or otherwise made available to the state for services to the elderly, except funds for programs administered by other state departments or agencies as specified by the Louisiana Revised Statutes of 1950; exercising functions relative to nutrition programs for the citizens of Louisiana who are elderly or have disabilities, homemaker services, home repair and maintenance services, employment and training services, recreational and transportation services, counseling, information and referral services, protective services as provided in R.S. 15:1501 et seq., and health-related outreach, but excluding the transportation program for persons who are elderly or have disabilities administered by the Department of Transportation and Development under Section 16(b)(2) of the Federal Urban Mass Transportation Act of 1964 as amended and other such programs and services assigned to other departments of state government as provided in Title 36 of the Louisiana Revised Statutes of 1950; collection of facts and statistics and making special studies of conditions pertaining to the employment, health, financial status, recreation, social adjustment, or other conditions affecting the welfare of persons who are aged; keeping abreast of the latest developments in aging throughout the nation and interpreting such findings to the public; providing for a mutual exchange of ideas and information on national, state, and local levels; and making recommendations to the governor and to the legislature for needed improvements and additional resources to promote the welfare of the aging in the state.
C. The Department of Elderly Affairs shall be composed of the executive office of the secretary, the office of management and finance, and such other offices as shall be created by law. Whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.
Acts 2013, No. 384, §3, eff. upon contingencies contained in Acts 2013, No. 384, §9(B); Acts 2014, No. 811, §18, eff. June 23, 2014.
NOTE: Acts 2013, No. 384, §8, effective July 1, 2013 per §9(A) of the Act, provides that funds allocated for any purpose under the authority of the Office of Elderly Affairs or its successor, the Department of Elderly Affairs, are allocated only to the Office of Elderly Affairs or its successor and are not to be appropriated, allocated or transferred to any other state department, office or programs.
NOTE: See note below regarding effectiveness.
A. The officers of the department shall be the secretary, the undersecretary, and the deputy secretary if a deputy secretary is appointed, each of whom shall be selected and shall perform functions as provided in this Title.
B. No person serving as a secretary, deputy secretary, or undersecretary shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices. Any statewide elected official appointed to serve as a secretary, deputy secretary, or undersecretary shall not receive any additional salary from the state other than that salary which he receives as a statewide elected official.
C. Notwithstanding any provision of this Section to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as a secretary, undersecretary, or deputy secretary may receive additional compensation for part-time services rendered as an instructor in postsecondary educational institutions or as a member of the National Guard.
Acts 2013, No. 384, §3, eff. upon contingencies contained in Acts 2013, No. 384, §9(B).
NOTE: Acts 2013, No. 384, §8, effective July 1, 2013 per §9(A) of the Act, provides that funds allocated for any purpose under the authority of the Office of Elderly Affairs or its successor, the Department of Elderly Affairs, are allocated only to the Office of Elderly Affairs or its successor and are not to be appropriated, allocated or transferred to any other state department, office, or programs.
NOTE: See note below regarding effectiveness.
There shall be a secretary of the Department of Elderly Affairs, who shall be appointed by the governor with consent of the Senate from recommendations for appointment by the Louisiana Executive Board on Aging, and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of the Department of Elderly Affairs and shall have the responsibility for the policies of the department except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department; provided that the secretary shall perform his functions under the general control and supervision of the governor.
Acts 2013, No. 384, §3, eff. upon contingencies contained in Acts 2013, No. 384, §9(B).
NOTE: Acts 2013, No. 384, §8, effective July 1, 2013 per §9(A) of the Act, provides that funds allocated for any purpose under the authority of the Office of Elderly Affairs or its successor, the Department of Elderly Affairs, are allocated only to the Office of Elderly Affairs or its successor and are not to be appropriated, allocated or transferred to any other state department, office or programs.
NOTE: See note below regarding effectiveness.
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title. The rules and policies of the Office of Elderly Affairs in effect on the effective date of this Paragraph shall remain in effect as rules of the Department of Elderly Affairs and such rules shall remain in effect subject to their own provisions until changed as provided in this Paragraph.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Advise the governor on problems concerning the administration of the department.
(6) Act as the sole agent of the state or, in necessary cases, designate one of the officers within the department to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.
(7) Make and publish an annual report to the governor and the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department and make other reports and recommendations on his own initiative or upon request of the governor, the legislature, or any committee or member thereof.
(8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of both houses of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (7) of this Subsection.
B. The secretary may:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department, and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis.
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(b) All of the provisions of Subparagraph (a) of this Paragraph shall be accomplished in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the Department of Elderly Affairs, and all shall be subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department, and take such actions as are necessary to comply with conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to employment and management.
(5) Do such other things not inconsistent with law as are necessary to perform properly the functions vested in him.
Acts 2013, No. 384, §3, eff. upon contingencies contained in Acts 2013, No. 384, §9(B); Acts 2016, No. 557, §2.
NOTE: See note below regarding effectiveness.
There may be a deputy secretary of the department, who shall be appointed by the secretary with consent of the Senate and who shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the deputy secretary shall be determined and assigned by the secretary. If appointed, he shall serve as acting secretary in the absence of the secretary.
Acts 2013, No. 384, §3, eff. upon contingencies contained in Acts 2013, No. 384, §9(B).
NOTE: Acts 2013, No. 384, §8, effective July 1, 2013 per §9(A) of the Act, provides that funds allocated for any purpose under the authority of the Office of Elderly Affairs or its successor, the Department of Elderly Affairs, are allocated only to the Office of Elderly Affairs or its successor and are not to be appropriated, allocated or transferred to any other state department, office or programs.
NOTE: See note below regarding effectiveness.
A. There shall be an undersecretary of the Department of Elderly Affairs, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The undersecretary shall be directly responsible to and shall perform his functions under the supervision and control of the secretary.
B. The undersecretary shall direct and be responsible for the functions of the office of management and finance within the Department of Elderly Affairs. In such capacity, he shall be responsible for accounting and budget control, procurement and contract management, data processing, management and program analysis, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Elderly Affairs, except as otherwise specifically provided in this Title. He shall employ, appoint, remove, assign, and promote such personnel as are necessary for the efficient administration of the office of management and finance and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
C. The duties and functions of the office of management and finance and of the undersecretary shall be as provided in this Section, and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary.
Acts 2013, No. 384, §3, eff. upon contingencies contained in Acts 2013, No. 384, §9(B).
NOTE: Acts 2013, No. 384, §8, effective July 1, 2013 per §9(A) of the Act. provides that funds allocated for any purpose under the authority of the Office of Elderly Affairs or its successor, the Department of Elderly Affairs, are allocated only to the Office of Elderly Affairs or its successors and are not to be appropriated, allocated or transferred to any other state department, office or programs.
NOTE: See note below regarding effectiveness.
A. The Louisiana Executive Board on Aging (R.S. 46:931 et seq.) is placed within the Department of Elderly Affairs and shall exercise and perform its powers, duties, functions, and responsibilities as provided in R.S. 36:802.
B. The Office of Elderly Affairs (formerly R.S. 46:931 et seq.) is hereby abolished and its powers, duties, functions, and responsibilities are transferred to the Department of Elderly Affairs and shall be exercised and performed as provided in Chapter 7 of Title 46 of the Louisiana Revised Statutes of 1950, as provided in this Chapter, and as provided in Part IV of Chapter 22 of this Title except as otherwise provided in Chapter 7 of Title 46 of the Louisiana Revised Statutes of 1950.
Acts 2013, No. 384, §3, eff. upon contingencies contained in Acts 2013, No. 384, §9(B).
NOTE: Acts 2013, No. 384, §8, effective July 1, 2013 per §9(A) of the Act, provides that funds allocated for any purpose under the authority of the Office of Elderly Affairs or its successor, the Department of Elderly Affairs, are allocated only to the Office of Elderly Affairs or its successor and are not to be appropriated, allocated or transferred to any other state department, office or programs.
A. The Department of Culture, Recreation and Tourism is created and shall be a body corporate with the power to sue and be sued. The department shall be domiciled in Baton Rouge and shall be in the office of lieutenant governor. The lieutenant governor may also be referred to as the commissioner of the Department of Culture, Recreation and Tourism.
B. The Department of Culture, Recreation and Tourism, through its offices and officers shall be responsible for planning, developing, and implementing improved opportunities for the enjoyment of cultural and recreational activities by the people of Louisiana and for greater development of their cultural and physical potential. The department shall be responsible for the development, maintenance, and operation of library, park, recreation, museum, and other cultural facilities; the statewide development and implementation of cultural, recreational, and tourism programs; and planning for the future leisure needs of the people.
C.(1) The Department of Culture, Recreation and Tourism shall be composed of the executive office of the secretary, the office of management and finance, the office of the state library, the office of the state museum, the office of state parks, the office of cultural development, the office of tourism, and such other offices as shall be created by law.
(2) Whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.
Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1982, No. 329, §1, eff. July 18, 1982; Acts 1983, No. 688, §5; Acts 1986, No. 124, §1, eff. June 26, 1986; Acts 1986, 1st Ex. Sess., No. 13, §1, eff. Dec. 24, 1986; Acts 1986, 1st Ex. Sess., No. 17, §1, eff. Dec. 24, 1986; Acts 1987, No. 736, §1; Acts 1989, No. 687, §2; Acts 1992, No. 655, §2; Acts 2001, No. 9, §4, eff. July 1, 2001; Acts 2012, No. 811, §1, eff. July 1, 2012.
{{NOTE: SEE ACTS 1987, NO. 736, §3.}}
A. The officers of the department shall be the secretary, if a secretary is appointed, the undersecretary, the deputy secretary, if a deputy secretary is appointed, and assistant secretaries, each of whom shall be selected and shall perform functions as provided in this Title.
B. No person serving as a secretary, deputy secretary, undersecretary, or assistant secretary shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices. Any statewide elected official appointed to serve as a secretary, deputy secretary, undersecretary, or assistant secretary shall not receive any additional salary from the state other than that salary which he receives as a statewide elected official.
C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as a secretary, undersecretary, deputy secretary, or assistant secretary may receive additional compensation for part-time services rendered as an instructor in post-secondary educational institutions, or as a member of the National Guard.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2012, No. 338, §1.
A. There may be a secretary of culture, recreation and tourism, who shall be appointed by the lieutenant governor with consent of the Senate and who shall serve at the pleasure of the lieutenant governor at a salary fixed by the lieutenant governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of the Department of Culture, Recreation and Tourism and shall have the responsibility for the policies of the department, except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department, provided that the secretary shall perform his functions under the general control and supervision of the lieutenant governor. Nothing in this Chapter shall be construed to alter the present civil service classification of any employee, deputy, or officer of the department or to place any such employee, deputy, or officer of the department in the office of the lieutenant governor for purposes of civil service classification.
B. If a secretary is not appointed as provided by Subsection A of this Section, the lieutenant governor shall perform all duties, functions and responsibilities of the secretary as are provided by law.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1986, No. 124, §1, eff. June 26, 1986; Acts 2012, No. 338, §1.
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, the secretary shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Advise the governor on problems concerning the administration of the department.
(6) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant secretary, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.
(7) Make reports and recommendations on his own initiative or upon request of the governor, the legislature, or any committee or member thereof. He may authorize the printing of those materials which assist in the promotion of the cultural, natural, historic, and recreational resources and programs of the state. He may authorize the printing and distribution of informational publications concerning the organization, powers, duties, or functions of the department on a regular basis in order to facilitate effective and efficient intradepartmental communications.
(8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective houses.
(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of a report pursuant to Paragraph (7) of this Subsection.
(10) Repealed by Acts 2025, No. 300, §4, eff. June 11, 2025.
B. The secretary shall have authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 801.1:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it;
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis, and
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(iv) If there is a vacancy in the assistant secretary position for an office, employ, appoint, remove, assign, and promote personnel of the office as necessary for the efficient administration of the office and its programs and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations and with policies and rules of the department, all subject to budgetary control and applicable laws.
(b) All of the above are to be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the Department of Culture, Recreation and Tourism, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(4) Formulate and promulgate rules of the administration for the department relating to employment and management.
(5) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.
(6) Sell, lease, or sublease state park lands in accordance with the applicable provisions of the sale and lease laws of public lands of the state of Louisiana.
(7) Exchange lands when it is necessary to do so in order to obtain other lands of value to the Office of State Parks. However, lands which have been incorporated as a part of an established state park shall be exchanged only after receiving approval for such exchange by the legislature of the state of Louisiana and after the advertisement provisions of R.S. 36:204(B)(6) have been complied with.
(8) Employ state museum police officers who shall, in addition to the authority otherwise conferred by law upon such officers, be vested with the same authority and powers conferred by law upon regular law enforcement officers of this state while such officers are acting within the course and scope of their duties, within the limits of their jurisdiction. Such officers may carry concealed or exposed weapons while acting within the course and scope of their duties. State museum police officers shall successfully complete a basic certified training program approved by the Council on Peace Officer Standards and Training as provided in R.S. 40:2405 and shall fulfill all requirements for annual basic firearms training. State museum police officers shall have the right to exercise the power of arrest when discharging their duties on property under jurisdiction of the Department of Culture, Recreation and Tourism and on all streets, roads, and rights-of-way within or contiguous to the perimeter of the property.
(9) Grant leases, subleases, and concession leases and enter any related contract or agreement, hereafter in this Paragraph collectively referred to as a "lease", on any portion of the immovable property under the department's supervision, jurisdiction, or management except the Lower Pontalba Building to any of the following:
(a) A public body. The application, advertisement, and bid requirements set forth in Part I of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950 shall not apply to such a lease.
(b) A private entity. The provisions of Part I of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950 shall not apply to a mineral or timber lease with a private entity. If a private entity is obligated under the terms of a lease to undertake activities or to construct improvements on the leased immovable property that will support the public purposes of the department, the provisions of Part I of Chapter 10 of Title 41 of the Louisiana Revised Statutes of 1950 shall not apply to the lease, but such a lease is subject to the following conditions:
(i) Such a lease shall be negotiated and let in accordance with fair and reasonable criteria established and applied relating to a balance of factors including but not limited to rent, highest return of revenue and benefits, financial stability of the lessee or sublessee, architectural design, development and management of operational plan, uniqueness of operation, and stimulating other economic activity and public benefits within the state.
(ii) A lease entered into by a private lessee for the performance of work on the leased premises or the erection, construction, or maintenance of improvements on the leased premises shall not constitute a contract for public work as defined in R.S. 38:2211(A).
(iii) The architectural plans for such improvements shall be approved by the secretary prior to construction on the leased or subleased property.
(iv) Such leases shall be subject to R.S. 39:11 and 366.11.
(c) The provisions of this Paragraph shall not impair or diminish the priority established for individuals who are blind, under the administration of the Louisiana Rehabilitation Services, in the operation of vending stands, vending machines, cafeterias, or other food concessions.
(10) Terminate the lease, sublease, concession agreement, contract, or other privilege of any person who files a federal or state trademark or service mark application for a trademark or service mark that incorporates or implies an association with a holding of the department or its historical, cultural, or recreational resources or who makes a legal claim or assertion to have a trademark or service mark. Any such person shall be disqualified from future concession agreements, leases, contracts, and privileges granted by the department. Any such person shall be responsible for the state's attorney fees, costs, and expenses associated with that termination, opposition, cancellation, and disqualification.
(11)(a) Enter sponsorship agreements and to authorize the placement, erection, and maintenance of advertising and sponsorship signs on immovable property, improvements on immovable property, vehicles, vessels, and other assets of the department.
(b) No advertising or sponsorship signs may be placed pursuant to this Paragraph until the secretary promulgates rules and regulations, in accordance with the Administrative Procedure Act, that include, at a minimum, all of the following:
(i) Specifications regarding types of businesses with which sponsorship agreements are authorized and with which sponsorship agreements are prohibited.
(ii) Specifications regarding the size, types, and placement of advertisements and sponsorship signs that will be allowed on or within agency property.
(c) The Department of Culture, Recreation and Tourism shall submit a report by February first each year to the House Committee on Municipal, Parochial and Cultural Affairs; the Senate Committee on Commerce, Consumer Protection, and International Affairs; and the legislature in accordance with R.S. 24:772 summarizing each sponsorship agreement that is in effect at the time of the report.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1980, No. 391, §1; Acts 1985, No. 660, §1, eff. July 16, 1985; Acts 1986, No. 824, §1; Acts 1987, No. 205, §1, eff. July 1, 1987; Acts 1987, No. 736, §1; Acts 1988, No. 326, §1, eff. July 7, 1988; Acts 1988, 2nd Ex. Sess., No 1, §4, eff. Oct. 13, 1988; Acts 1997, No. 1256, §1; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2; Acts 2016, No. 615, §1, eff. Jan. 1, 2017; Acts 2017, No. 190, §1, eff. June 12, 2017; Acts 2020, No. 83, §1; Acts 2023, No. 117, §1; Acts 2024, No. 756, §1, eff. June 19, 2024; Acts 2025, No. 300, §4, eff. June 11, 2025.
There may be a deputy secretary of the department, who shall be appointed by the secretary with consent of the Senate and who shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the deputy secretary shall be determined and assigned by the secretary. If appointed, he shall serve as acting secretary in the absence of the secretary.
Acts 1977, No. 83, §1, eff. June 22, 1977.
A. There shall be an undersecretary of the Department of Culture, Recreation and Tourism who shall be appointed by the lieutenant governor with consent of the Senate and who shall serve at the pleasure of the lieutenant governor at a salary fixed by the lieutenant governor, which salary shall not exceed the amount established for such position by the legislature while in session. The undersecretary shall be directly responsible to and shall perform his functions under the supervision and control of the secretary.
B. The undersecretary shall direct and be responsible for the functions of the office of management and finance within the Department of Culture, Recreation and Tourism. In such capacity he shall be responsible for accounting and budget control, procurement and contract management, data processing, management and program analysis, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Culture, Recreation and Tourism, except as otherwise specifically provided in this Title or determined by the secretary. He shall also perform such additional duties and functions as are assigned by the secretary. He shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1986, No. 124, §1, eff. June 26, 1986; Acts 1993, No. 781, §1.
A.(1) Each office within the Department of Culture, Recreation and Tourism, except the office of management and finance, shall be under the immediate supervision and direction of an assistant secretary. The assistant secretary of each office, except the office of the state library shall be appointed by the lieutenant governor with the consent of the Senate and shall serve at the pleasure of the lieutenant governor. Each assistant secretary shall be paid a salary which shall be fixed by the lieutenant governor, which salary shall not exceed the amount approved for such position by the legislature while in session.
(2) The state librarian shall serve as the assistant secretary for the office of the state library and the director of the Louisiana State Museum shall serve as the assistant secretary for the office of the state museum. The state librarian shall be selected and serve as otherwise provided by law. The director of the Louisiana State Museum shall be appointed by the lieutenant governor. Both the state librarian and the director of the Louisiana State Museum shall be appointed with consent of the Senate.
(3) The assistant secretary of the office of tourism shall be appointed by the lieutenant governor from a list of nominees selected by the Louisiana Tourism Development Commission, as provided by law.
(4)(a) The assistant secretary of the office of state parks shall be appointed by the lieutenant governor with the consent of the Senate.
(b) The assistant secretary of the office of state parks shall be a recognized professional with a bachelor of science or bachelor of arts or master's degree in parks and recreation, landscape architecture, the biological sciences, or a related discipline, or at least four years' experience in parks and recreation administration.
B. Except as otherwise expressly provided in this Title, the duties and functions of each office and its assistant secretary shall be determined by the secretary, and all of such duties and functions shall be exercised under the direct supervision and control of the secretary.
C. Except as otherwise provided in R.S. 36:801, each assistant secretary shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of his office and its programs and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws.
D. Each assistant secretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1983, No. 687, §5; Acts 1983, No. 688, §5; Acts 1986, No. 124, §1, eff. June 26, 1986; Acts 1988, No. 299, §1; Acts 1991, No. 834, §1; Acts 1997, No. 318, §§2, 3, eff. June 18, 1997; Acts 2004, No. 789, §1; Acts 2008, No. 908, §2, eff. July 11, 2008.
NOTE: See Acts 1988, No. 299, §2.
A. The purposes for which the offices of the Department of Culture, Recreation and Tourism are created shall be as set forth in this Section.
B. The office of the state library shall perform the duties and functions of the state library in accordance with applicable law. The state librarian shall be responsible for establishing a system of depositories for state public documents, and for the deposit and distribution of state public documents to the depositories, as provided in R.S. 25:121 through R.S. 25:124.1.
C. The office of the state museum shall administer, manage, operate, and maintain the Louisiana State Museum, including all buildings, collections, and exhibitions of the Louisiana State Museum complex in New Orleans and other museums which may be established under the jurisdiction of the museum; except that the board of directors of the Louisiana State Museum shall exercise its powers, duties, and functions as provided by law.
D. The office of state parks shall plan, design, construct, operate, and maintain a system of parks, natural areas, and recreational facilities and shall perform the functions of the state relating to outdoor recreation development and trails, all in accordance with applicable laws.
E. The office of cultural development shall perform the functions of the state relating to the arts, historical and archaeological preservation, crafts, humanities, cultural heritages and traditions, and related cultural programs and activities assigned to it by law or by the secretary. The office shall administer the provisions of law relating to the State Capitol Historic District. In addition, the office shall perform the functions of the state relating to planning and development of all museums and cultural collections transferred to the department, except state historic sites of the office of state parks and the Louisiana State Museum. The office shall be comprised of three divisions: the division of the arts as created by R.S. 25:891 et seq., the division of historic preservation as created by R.S. 25:911 et seq., and the division of archaeology as created by R.S. 41:1601 et seq.
F. The office of tourism shall develop and implement a program to promote the historical, cultural, recreational, and scenic legacy of the state, and all activities of the department, based on a master plan; shall be responsible for performing the functions of the state relating to promotion and advertisement of the historical, cultural, recreational, and commercial sites, events, and assets of the state; shall encourage and promote tourism and the tourist industry for the benefit of the people of this and other states and as a developing economic resource; and shall cooperate with local tourist promotion and convention agencies; all in accordance with applicable laws.
G. Repealed by Acts 2001, No. 9, §10, eff. July 1, 2001.
H. Repealed by Acts 1998, 1st Ex. Sess., No. 148, §10.
Acts 1970, No. 137, §1; Acts 1975, No. 292, §1; Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 215, §1; Acts 1979, No. 650, §2; Acts 1982, No. 154, §1, eff. July 1, 1982; Acts 1982, No. 264, §1; Acts 1982, No. 329, §1, eff. July 18, 1982; Acts 1982, No. 511, §2; Acts 1982, No. 698, §1. Acts 1983, No. 687, §5; Acts 1983, No. 688, §5; Acts 1986, No. 372, §2; Acts 1986, No. 464, §2; Acts 1986, 1st Ex. Sess., No. 17, §1, eff. Dec. 24, 1986; Acts 1988, No. 326, §1, eff. July 7, 1988; Acts 1988, 2nd Ex Sess., No. 1, §2, eff. Oct. 13, 1988; Acts 1989, No. 687, §2; Acts 1990, No. 726, §2; Acts 1991, No. 9, §2, eff. June 6, 1991; Acts 1992, No. 655, §2; Acts 1997, No. 785, §2; Acts 1998, 1st Ex. Sess., No. 148, §10; Acts 1999, No. 709, §1; Acts 2001, No. 9, §10, eff. July 1, 2001; Acts 2008, No. 908, §2, eff. July 11, 2008; Acts 2025, No. 450, §2.
NOTE: See Acts 1998, 1st Ex. Sess., No. 147, §§2 and 3.
A. The following agencies are transferred to and hereafter shall be within the Department of Culture, Recreation and Tourism in accordance with the provisions of R.S. 36:901 et seq. except as otherwise provided by this Subsection:
(1) Louisiana Archaeological Survey and Antiquities Commission (R.S. 41:1601 et seq.).
(2) State Parks and Recreation Commission (R.S. 56:1681 et seq.).
(3) The Board of Directors of the Louisiana State Museum (R.S. 25:341 et seq.). The board shall exercise its powers, duties, functions, and responsibilities with respect to the collections of the Louisiana State Museum in accordance with the standards established by the American Alliance of Museums, except as otherwise provided by law; and the members of the board shall serve as trustees for the William Irby Trust.
(4) The board of commissioners of the State Library of Louisiana (R.S. 25:2 et seq.). The board shall continue to select the state librarian in accordance with law.
(5) The Louisiana State Arts Council (R.S. 25:891 et seq.). The council shall have authority to approve or disapprove the awarding of grants pursuant to applications submitted to the department for funding from funds made available from the National Endowment for the Arts and such other funds as are made available to the council. The council shall further have the authority necessary to administer the juried Louisiana native crafts program, including the authority to appoint a crafts panel and to approve the use, and disallow the continued use, of the logo assuring the quality of a Louisiana craftperson's craft, as further provided in R.S. 25:897 through 900.
(6) The Louisiana National Register Review Committee (R.S. 25:901 et seq.).
(7) The Louisiana Folklife Commission (R.S. 25:821 et seq.).
(8) The Louisiana Tourism Development Commission (R.S. 51:1251 et seq. and R.S. 48:271). The commission shall continue to exercise those powers, duties, and functions with respect to financial assistance to eligible tourist promotion agencies; it shall nominate applicants for the position of assistant secretary of the office of tourism for the governor's consideration for appointment; it shall review and advise on the selection of promotions and advertising contracts; and it shall make recommendations to and approve the annual plan for tourism marketing, all as provided by law.
(9) The Louisiana Civil Rights Museum Advisory Board (R.S. 25:841 et seq.). The board shall exercise its powers, duties, functions, and responsibilities in accordance with the standards established by the American Alliance of Museums.
(10) The Louisiana Music Trail Commission (R.S. 56:1950.23).
(11) The Louisiana Music Commission (R.S. 25:315 et seq.).
B. The following agencies are hereby abolished and their powers, duties, functions, and responsibilities are transferred to the secretary of the Department of Culture, Recreation and Tourism and hereafter shall be exercised and performed as provided in R.S. 36:921 et seq.:
(1) State Art, Historical and Cultural Preservation Agency (R.S. 25:801 et seq.).
(2) Toledo Bend Forest Scenic Drive Commission (R.S. 48:1401 et seq.).
(3) Louisiana Art Commission (R.S. 25:301 et seq.).
(4) Louisiana Historical Preservation and Cultural Commission (R.S. 25:521 et seq.).
(5) Orleans Parish Landmarks Commission (R.S. 25:381 and 382).
C. The following agencies are hereby placed within the Department of Culture, Recreation and Tourism and shall exercise and perform their powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:801.1:
(1) The Louisiana Naval War Memorial Commission (R.S. 25:1000 et seq.).
(2) The Kenner Naval Museum Commission (R.S. 25:1005 et seq.).
(3) The New Orleans City Park Improvement Association and its board of commissioners (Act No. 130 of the 1896 Regular Session of the Legislature; Act No. 104 of the 1934 Regular Session of the Legislature; Act No. 492 of the 1958 Regular Session of the Legislature; Act No. 405 of the 1962 Regular Session of the Legislature; Act No. 865 of the 1982 Regular Session of the Legislature; Act No. 569 of the 1989 Regular Session of the Legislature; Act No. 13 of the 1998 First Extraordinary Session of the Legislature; Act No. 395 of the 2006 Regular Session of the Legislature).
(4) The Council for the Development of French in Louisiana (R.S. 25:651 et seq.).
(5) The board of directors of the Dew Drop-America's Rock and Roll Museum (R.S. 25:380.41 et seq.).
D. The following agencies are hereby placed within the Department of Culture, Recreation and Tourism and shall exercise and perform their powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:802:
(1) The Louisiana Byways Commission (R.S. 56:1948.11 et seq.), except that the commission may appoint the Louisiana Byways Program coordinator and one additional employee as provided in R.S. 56:1948.12(D).
(2) The Louisiana Seafood Promotion and Marketing Board (R.S. 56:578.1 et seq.).
(3) The Atchafalaya Trace Commission, as more specifically provided for in R.S. 25:1221 et seq., except that the commission shall continue to appoint its own director and assistant director or personnel to fill comparable positions as authorized by law.
(4) Repealed by Acts 2025, No. 300, §4, eff. June 11, 2025.
E. The State Board of Library Examiners (R.S. 25:222 and 223) is hereby transferred to and hereafter shall be within the Department of Culture, Recreation and Tourism, as provided in R.S. 36:803.
Acts 1950, No. 389, §1; Acts 1970, No. 369, §1; Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 486, §2; Acts 1979, No. 661, §2, eff. July 18, 1979; Acts 1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1981, No. 893, §2; Acts 1982, No. 188, §2; Acts 1982, No. 352, §1, eff. Sept. 1, 1982; Acts 1982, No. 511, §2; Acts 1982, No. 698, §1; Acts 1982, No. 865, §2; Acts 1983, No. 485, §4, eff. July 27, 1983; Acts 1983, No. 544, §3; Acts 1983, No. 687, §7; Acts 1983, No. 688, §5, §7; Acts 1984, No. 796, §2; Acts 1985, No. 93, §2, eff. June 29, 1985; Acts 1985, No. 109, §1, eff. June 29, 1985; Acts 1986, No. 128, §1, eff. June 26, 1986; Acts 1986, No. 569, §1, eff. July 2, 1986; Acts 1986, 1st Ex. Sess., No. 17, §1, eff. Dec. 24, 1986; Acts 1986, 1st Ex. Sess., No. 32, §2; Acts 1987, No. 205, §1, eff. July 1, 1987; Acts 1988, No. 4, §2; Acts 1989, No. 540, §2; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1989, No. 687, §2; Acts 1990, No. 272, §3, eff. Sept. 1, 1990; Acts 1990, No. 726, §3; Acts 1991, No. 9, §3, eff. June 6, 1991; Acts 1991, No. 704, §2, eff. Jan. 1, 1992; Acts 1991, No. 938, §3; Acts 1992, No. 68, §3; Acts 1992, No. 655, §2; Acts 1993, No. 791, §2; Acts 1995, No. 291, §2; Acts 1995, No. 1019, §3; Acts 1997, No. 183, §3; Acts 1997, No. 722, §2; Acts 1997, No. 1116, §2; Acts 1997, No. 1440, §2, eff. July 1, 1998; Acts 1998, 1st Ex. Sess., No. 147, §1; Acts 1999, No. 367, §2; Acts 1999, No. 385, §2; Acts 1999, No. 709, §4; Acts 1999, No. 944, §2; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2001, No. 9, §10, eff. July 1, 2001; Acts 2001, No. 300, §2; Acts 2001, No. 1111, §2; Acts 2002, 1st Ex. Sess., No. 112, §2, eff. Jan. 1, 2003; Acts 2003, No. 999, §1; Acts 2003, No. 1205, §2, eff. July 3, 2003; Acts 2003, No. 1246, §2, eff. July 1, 2003; Acts 2003, No. 1254, §1; Acts 2004, No. 731, §2, eff. July 1, 2004; Acts 2005, No. 428, §3, eff. July 1, 2005; Acts 2006, No. 184, §1; Acts 2006, No. 395, §3, eff. July 1, 2006; Acts 2006, No. 713, §§2 and 4, eff. July 1, 2006; Acts 2007, No. 415, §2, eff. July 1, 2007; Acts 2008, No. 760, §1, eff. July 1, 2008; Acts 2008, No. 815, §5; Acts 2009, No. 54, §2, eff. June 16, 2009; Acts 2009, No. 438, §6(B); Acts 2010, No. 550, §2, eff. June 25, 2010; Acts 2010, No. 679, §2; Acts 2010, No. 707, §2, eff. June 29, 2010; Acts 2010, No. 745, §2; Acts 2010, No. 861, §17; Acts 2012, No. 251, §§4, 8B; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2012, No. 834, §6, eff. July 1, 2012; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2013, No. 228, §1, eff. July 1, 2013; Acts 2014, No. 832, §§2, 7(B); Acts 2016, No. 69, §1; Acts 2016, No. 614, §§5(B), 10(B), 11(B); Acts 2018, No. 2, §1, eff. April 20, 2018; Acts 2021, No. 20, §5; Acts 2022, No. 519, §2, eff. June 16, 2022; Acts 2023, No. 283, §2; Acts 2024, No. 613, §2; Acts 2024, No. 630, §2; Acts 2024, No. 756, §1, eff. June 19, 2024; Acts 2025, No. 300, §4, eff. June 11, 2025; Acts 2025, No. 450, §2.
A. The Department of Environmental Quality is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.
B. The Department of Environmental Quality through its offices and officers shall in accordance with law provide for the administration and enforcement of the environmental laws of this state to insure the maintenance of a healthful and safe environment in Louisiana and shall have the regulation and control over matters pertaining to the protection of air quality, water quality, regulation and control of radiation, regulation of solid and hazardous waste, transportation of sewage sludge and biosolids, and such other matters as the legislature places under its jurisdiction.
C.(1) The Department of Environmental Quality shall be composed of the executive office of the secretary, the office of management and finance, the office of environmental assessment, the office of environmental compliance, and the office of environmental services.
(2) Whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.
Acts 1983, No. 97, §2, eff. Feb. 1, 1984; Acts 1987, No. 736, §1; Acts 1990, No. 245, §2; Acts 1997, No. 27, §2; Acts 1999, No. 303, §2, eff. June 14, 1999; Acts 2008, No. 56, §2, eff. July 1, 2009; Acts 2010, No. 48, §2; Acts 2016, No. 378, §1.
A. The officers of the department shall be the secretary, the undersecretary, the deputy secretary if a deputy secretary is appointed, and assistant secretaries, each of whom shall be selected and shall perform functions as provided in this Title.
B. No person serving as a secretary, deputy secretary, undersecretary, or assistant secretary shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices. Any statewide elected official appointed to serve as a secretary, deputy secretary, undersecretary, or assistant secretary shall not receive any additional salary from the state other than that salary which he receives as a statewide elected official.
C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as a secretary, undersecretary, deputy secretary, or assistant secretary may receive additional compensation for part-time services rendered as an instructor in post-secondary educational institutions or as a member of the National Guard.
Added by Acts 1983, No. 97, §2, eff. Feb. 1, 1984.
There shall be a secretary of environmental quality who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of the Department of Environmental Quality and shall have the responsibility for the policies of the department, except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department; however, the secretary shall perform his functions under the general control and supervision of the governor.
Added by Acts 1983, No. 97, §2, eff. Feb. 1, 1984.
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:
(1) Represent the public interest in the administration of this Chapter and be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department in the manner and to the extent provided by this Title.
(5) Manage the personnel, develop information systems and data processing systems, manage facilities and space as provided by law, and employ such personnel or enter into such contracts as are necessary for the efficient and effective operation of the department.
(6) Develop programs of environmental and resource preservation research and study and develop programs of research into technology utilization, pollution prevention and control, and health effects of pollution.
(7) Develop programs of training and development of all personnel to improve the ability of personnel to fulfill their duties and functions.
(8) Develop programs of public information and education regarding environmental problems, developments, hazards, or programs.
(9) Establish programs to monitor and analyze emissions into the air, water, or land and to provide current and accurate information to the public regarding the pollutants or contaminants which are present in the environment.
(10) Advise the governor on problems concerning the administration of the department.
(11) Grant or deny permits, licenses, variances, or compliance schedules as are provided for by law or delegate these powers to the appropriate assistant secretary. The authority to execute minor permit actions, to issue registrations, certifications, notices of deficiency, and notification of inclusion under a general permit may be delegated by the secretary or the appropriate assistant secretary to an authorized representative, notwithstanding the provisions of R.S. 30:2050.26.
(12) Make and publish an annual report to the governor and the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department and make other reports and recommendations on its own initiative or upon request of the governor, the legislature, or any committee or member thereof.
(13) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(14)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (12) of this Subsection.
B. The secretary shall have authority to:
(1) Except as otherwise specifically provided in R.S. 36:801 and R.S. 36:803:
(a) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it;
(b) Employ, assign, and remove all personnel employed for the department on a contractual basis; and
(c) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
All of the above are to be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the Department of Environmental Quality, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to employment and management.
(5) Do such other things not inconsistent with law as are necessary to perform properly the functions vested in him.
Added by Acts 1983, No. 97, §2, eff. Feb. 1, 1984; Acts 1987, No. 736, §1; Acts 1999, No. 303, §2, eff. June 14, 1999; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2.
There may be a deputy secretary of the department who shall be appointed by the secretary with consent of the Senate and who shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the deputy secretary shall be determined and assigned by the secretary. If appointed, he shall serve as acting secretary in the absence of the secretary.
Added by Acts 1983, No. 97, §2, eff. Feb. 1, 1984.
A. There shall be an undersecretary of the Department of Environmental Quality who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The undersecretary shall be directly responsible to and shall perform his functions under the supervision and control of the secretary.
B. The undersecretary shall direct and be responsible for the functions of the office of management and finance within the Department of Environmental Quality. In such capacity he shall be responsible for accounting and budget control, procurement, and contract management, data processing, management and program analysis, information services, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Environmental Quality except as otherwise specifically provided in this Title. He shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
C. The duties and functions of the office of management and finance and of the undersecretary shall be as provided in this Section and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary.
Added by Acts 1983, No. 97, §2, eff. Feb. 1, 1984; Acts 1999, No. 303, §2, eff. June 14, 1999; Acts 2005, No. 21, §2.
A. Each office within the Department of Environmental Quality, except the executive office of the secretary and the office of management and finance, shall be under the immediate supervision and direction of an assistant secretary who shall be appointed by the governor with consent of the Senate. Each shall serve at the pleasure of the governor and shall be paid a salary which shall be fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session.
B. Except as otherwise expressly provided in this Title, the duties and functions of each office and its assistant secretary shall be determined by the secretary. The secretary may delegate to the assistant secretaries any authority, powers, duties, and exercise of discretion granted to the secretary or the department by Title 30, Subtitle II, and all of such duties and functions shall be exercised under the direct supervision and control of the secretary.
C. Except as otherwise provided in R.S. 36:801, each assistant secretary shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of his office and its programs and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws.
D. Each assistant secretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
Added by Acts 1983, No. 97, §2, eff. Feb. 1, 1984; Acts 1999, No. 303, §2, eff. June 14, 1999.
A. The purpose for which the offices of the Department of Environmental Quality are created shall be as set forth in this Section.
B.(1) The executive office of the secretary shall provide for the general oversight and supervision of the department in addition to providing internal audits, technical advisory support, and communications.
(2) The executive office of the secretary shall also include a legal division which shall provide legal consultation and representation to the various offices of the department with regard to permitting, enforcement, grants, contracts, personnel, legislation, intergovernment agreements, or such other matters as may be necessary.
C. The office of environmental assessment shall provide for environmental air quality assessment and water quality assessment and shall administer underground storage tank service activities, all remediation services, and such duties as delegated by the secretary.
D. The office of environmental compliance shall provide for surveillance of the regulated community, enforcement of environmental laws and regulations, and the issuance of necessary licenses, registrations, exemptions, and certifications of radiation sources.
E. The office of environmental services shall provide for environmental assistance and the issuance of permits, licenses, registrations, variances, exemptions, and certifications, except as provided in Subsection D of this Section.
Acts 1983, No. 97, §2, eff. Feb. 1, 1984; Acts 1984, No. 254, §2; Acts 1988, No. 964, §3, eff. July 27, 1988; Acts 1990, No. 245, §2; Acts 1997, No. 27, §2; Acts 1999, No. 303, §2, eff. June 14, 1999; Acts 2005, No. 21, §2; Acts 2010, No. 48, §3; Acts 2016, No. 378, §1.
A. The following agencies are hereby abolished and their powers, duties, functions, and responsibilities are transferred to the secretary of the Department of Environmental Quality and shall be exercised and performed as provided in R.S. 36:921 et seq.:
(1) Governor's Council on Environmental Quality (R.S. 40:2351 et seq.).
(2) Citizen's Advisory Board to the Governor's Council on Environmental Quality (R.S. 40:2354).
(3) Environmental Control Commission (R.S. 30:2013).
B. The Motor Fuels Underground Storage Tank Trust Fund Advisory Board (R.S. 30:2195 et seq.) is placed within the Department of Environmental Quality and shall exercise and perform its powers, duties, functions, and responsibilities as otherwise provided by law.
C. The Board of Certification and Training for Solid Waste Management System Operators (R.S. 37:3151 et seq.) is placed within the Department of Environmental Quality and shall exercise and perform its powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:803.
D. The Louisiana Small Business Compliance Advisory Panel (R.S. 30:2062) is placed within the Department of Environmental Quality and shall exercise and perform its powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:901 et seq., except that the panel shall also serve in an advisory capacity to other appropriate department officers and agencies, particularly as otherwise provided by law.
Added by Acts 1983, No. 97, §2, eff. Feb. 1, 1984. Acts 1984, No. 795, §2, eff. July 13, 1984; Acts 1984, No. 514, §2, eff. July 6, 1984; Acts 1984, No. 862, §4; Acts 1987, No. 248, §2, eff. July 3, 1987; Acts 1988, No. 724, §2, eff. July 18, 1988; Acts 1989, No. 662, §4, §8, eff. July 7, 1989; Acts 1992, No. 1037, §2; Acts 1995, No. 1019, §2; Acts 2001, No. 524, §2; Acts 2005, No. 428, §1, eff. July 1, 2005; Acts 2006, No. 713, §4, eff. July 1, 2006; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2018, No. 509, §5; Acts 2022, No. 623, §4, eff. July 1, 2022.
A. The Louisiana Department of Health is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge where it shall maintain its principal offices, but the secretary may maintain branch offices if he deems it in the best interest of the efficient administration of the department; however, the principal offices of the office of public health may be located and maintained in the parish of Orleans.
B. The Louisiana Department of Health, through its offices and officers, shall be responsible for the development and providing of health and medical services for the prevention of disease for the citizens of Louisiana. The Louisiana Department of Health shall provide health and medical services for the uninsured and medically indigent citizens of Louisiana. The secretary and the chancellor of the Louisiana State University Health Sciences Center shall provide for coordination in the delivery of services provided by the Louisiana State University Health Sciences Center with those services provided by the Louisiana Department of Health, local health departments, and federally qualified health centers, including but not limited to the following:
(1) Services for any of the following persons:
(a) Persons with mental illness.
(b) Persons with intellectual disabilities.
(c) Persons with developmental disabilities.
(d) Persons with addictive disorders.
(2) Public health services.
(3) Services provided under the medical assistance program (Medicaid).
C.(1) The Louisiana Department of Health shall be composed of the executive office of the secretary, the office of the surgeon general, the office of management and finance, the office of public health, the office of behavioral health, the office for citizens with developmental disabilities, the office of aging and adult services, the office on women's health and community health, and such other offices as shall be created by law.
(2) Whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.
Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1977, No. 681, §1; Acts 1978, No. 786, §4, eff. July 17, 1978; Acts 1979, No. 449, §3, eff. Jan. 1, 1980; Acts 1983, 1st Ex. Sess., No. 13, §1, eff. July 1, 1983; Acts 1983, No. 659, §2; Acts 1984, No. 899, §1, eff. July 1, 1984; Acts 1984, No. 187, §1; Acts 1987, No. 736, §1; Acts 1988, 1st Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, No. 772, §2, eff. July 17, 1988; Acts 1988, No. 858, §2, eff. July 18, 1988; Acts 1989, No. 140, §1, eff. June 22, 1989; Acts 1989, No. 159, §2; Acts 1990, No. 855, §1; Acts 1991, No. 390, §1, eff. not later than Jan. 1, 1992.; Acts 1992, No. 571, §1, eff. July 1, 1992; Acts 1993, No. 712, §2, eff. June 21, 1993; Acts 1997, No. 3, §3, eff. July 1, 1997; Acts 1999, No. 339, §2; Acts 1999, No. 802, §3, eff. July 2, 1999; Acts 2006, No. 465, §2, eff. June 15, 2006; Acts 2009, No. 384, §3, eff. July 1, 2010; Acts 2014, No. 811, §18, eff. June 23, 2014; Acts 2016, No. 300, §1, eff. June 2, 2016; Acts 2022, No. 676, §1, eff. June 18, 2022; Acts 2024, No. 739, §1, eff. June 19, 2024.*
A. The officers of the department shall be the secretary, the surgeon general, the undersecretary, the deputy secretary if a deputy secretary is appointed, and assistant secretaries, each of whom shall be selected and shall perform functions as provided in this Title.
B. No person serving as a secretary, surgeon general, deputy secretary, undersecretary, or assistant secretary shall receive any additional salary from the state other than that salary which the person receives by virtue of serving in any one of such offices. Any statewide elected official appointed to serve as a secretary, deputy secretary, undersecretary, or assistant secretary shall not receive any additional salary from the state other than that salary which the person receives as a statewide elected official.
C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as a secretary, undersecretary, deputy secretary, or assistant secretary may receive additional compensation for part-time services rendered as an instructor in postsecondary educational institutions, or as a member of the National Guard.
Acts 1988, No. 772, §2, eff. July 17, 1988; Acts 2024, No. 739, §1, eff. June 19, 2024.
There shall be a secretary of health and hospitals, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of the Louisiana Department of Health and shall have the responsibility for the policies of the department, except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department; provided that the secretary shall perform his functions under the general control and supervision of the governor.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1988, 1st. Ex. Sess., No. 1, §2, eff. Mar. 28, 1988.
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title. For this purpose, he shall conduct such studies and investigations as are necessary for the formulation of programs, plans, department procedures, rules and regulations, or for the implementation of remedial actions.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Advise the governor on problems concerning the administration of the department.
(6)(a) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant secretary to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department or its offices, including but not limited to funding for the Medical Assistance Program, Title XIX of the Social Security Act. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.
(b) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant secretary to cooperate with the federal government and with other state and local agencies in the administration of federal funds granted to the state pursuant to the State Children's Health Insurance Program, Title XXI of the Social Security Act. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state, and provided that if the department develops a private health insurance model, the department and the Department of Insurance shall jointly promulgate the necessary rules in accordance with the Administrative Procedure Act to establish the private health insurance model. Any rules or regulations promulgated pursuant to the private health insurance model shall be subject to review by the House Committee on Health and Welfare, the Senate Committee on Health and Welfare, the House Committee on Insurance, and the Senate Committee on Insurance.
(7) Make and publish an annual report to the governor and the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon the request of the governor, the legislature, or any committee or member thereof.
(8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(9) Conduct hearings and pass upon complaints that may be made in relation to the administration of this Chapter; provided, however, that the secretary shall have the authority to delegate this authority to one of the offices of the department or to one of the agencies therein.
(10) Perform the functions of the state relating to:
(a) Licensing of health-related professionals.
(b) Licensing of health facilities, including hospitals and nursing homes.
(c) Licensing of institutions for persons with intellectual disabilities.
(d) Licensing of systems of distribution for controlled dangerous substances.
(e) Licensing of child care institutions funded under Title XIX of the Social Security Act.
(f) Any required certification for Medicare or Medicaid funding.
(g) Certification of emergency medical services.
(h) In accordance with R.S. 15:1501 et seq., provision of adult protective services to adults with disabilities.
(11) Direct and be responsible for grants management, staff development, and policy planning and evaluation for the department and all of its offices, including all agencies transferred to the Louisiana Department of Health.
(12)(a) Provide targeted health care programs in priority health care zones upon one hundred percent federal funding for such purpose. Such targeted programs shall:
(i) Be intended to lower infant mortality, teenage pregnancy, and substance abuse.
(ii) Be of the type determined by the secretary.
(iii) Be in addition to programs already in existence or any programs that may have been implemented in these areas by the department under normal circumstances.
(b) "Priority health care zone" means any parish or municipality listed as one of the ten parishes or twenty-five municipalities with the highest rates of infant mortality, teenage pregnancy, or substance abuse in Louisiana as of July first of any given year according to statistics compiled by the Louisiana Department of Health and the Department of Children and Family Services.
(c) The secretary shall submit annually, to the health and welfare committees of the House of Representatives and Senate, a report detailing actions taken by the Louisiana Department of Health in compliance with this Paragraph.
(13)(a) Develop and implement targeted programs, if and when federal funds become available, to enhance basic care facilities as defined in R.S. 40:2175 and comprehensive regional treatment centers that may exist and be located in the ten most populated municipalities in the state, excepting the city of New Orleans.
(b) These targeted programs should be of the type developed by the secretary and be intended to enhance the available and accessible health care of the citizens of the more rural areas of the state.
(14) Determine how funding for residency positions, residency supervision, and other medical education resources shall be allocated among institutions which provide medical education at hospitals in the health care services division of the Louisiana State University Health Sciences Center, including the Medical Center of Louisiana at New Orleans, to ensure that there is an equitable distribution among medical education programs providing services in public institutions. In making such determinations, the secretary shall consider the historical distribution of graduate medical education resources, the long-term effects of the allocation of medical education resources to each program, and the clinical workload of each program.
(15)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (7) of this Subsection.
B. The secretary shall have authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis.
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(b) All of the functions provided for in this Paragraph shall be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the department, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to employment and management.
(5) Act as legal custodian of any child placed with the department by a court of law.
(6) Grant rights of way, servitudes, and easements across state-owned lands under his jurisdiction to other public bodies, either state or local, for any public purpose. The secretary shall also have authority to grant rights of way, servitudes, and easements across state lands under his jurisdiction to any other person or entity for the purpose of laying pipelines, gas lines, and water lines, and for the transmission of electricity for power and light, and also for telephone and telegraph lines, for railroad lines or tracks, for road construction, and for drainage purposes, and to enter into the necessary contracts therefor, which shall provide for the payment of an adequate consideration. Such payment, in order to be considered as adequate consideration, shall be based on payments made for other comparable contracts in the vicinity, when available, providing compensation for rights of way, servitudes, easements, and for damages relative thereto.
(7) Adopt and promulgate rules and regulations providing for certification of laboratories providing chemical analysis, analytical results, or other appropriate test data to the department which is required as a part of any permit application, required by order of the department or any agency in the department, required to be included on any monitoring reports submitted to the department or any such agency, or otherwise required by the regulations adopted pursuant to state or federal laws. The regulations shall provide for appropriate fees to be charged to develop and operate the laboratory certification program.
(8) Do such other things, not inconsistent with law, as are necessary to properly perform the functions vested in him.
(9) Assign the function of diagnosis and case management of persons suffering from substance abuse, persons with intellectual disabilities, persons with developmental disabilities, and persons with autism to the appropriate office with the Louisiana Department of Health or the appropriate level of government.
C. The secretary shall have no power to buy and sell lands, incur debt or issue bonds, or to lease or mortgage property under his control except as may be provided by the general laws of the state or as hereafter specifically conferred by law upon him.
D.(1)(a)(i) The secretary shall direct and be responsible for the Medical Assistance Program, Title XIX of the Social Security Act, including eligibility determination and those health planning and resource development functions as are permissible under provisions of Title XIX of the Social Security Act, Title XXI of the Social Security Act, and R.S. 46:976. Any modification to the Medical Assistance Program approved by waiver by the United States Department of Health and Human Services, Health Care Financing Administration or its successor, that provides for a managed care or voucher system shall be implemented by the secretary but only after the approved plan and any modifications thereto have been approved by the House and Senate committees on health and welfare and the Joint Legislative Committee on the Budget. Unless approved by such committees as provided in this Subparagraph, modifications to the medical assistance program as provided in this Subparagraph shall not be considered avoidance of a budget deficit in the case of medical assistance programs, shall not be considered a means of securing new or enhanced federal funding in medical assistance programs, and shall not be considered necessary to avoid imminent peril to the public health, safety, or welfare; such modification shall not be promulgated as emergency rules under the provisions of R.S. 49:962 unless approved by such committees.
(ii) Any state Medicaid plan amendment shall provide assurances that for the provisions of the plan being amended, the state's payment rates for hospital, nursing facility, and institutional services shall be reasonable and adequate to meet the costs that must be incurred by efficiently and economically operated facilities, and any state Medicaid plan amendment shall comply with Section 1902(a)(13)(A) of the Social Security Act, known as the Boren amendment. The requirements of this Item shall not apply to state Medicaid plan amendments to implement a waiver approved by both houses of the legislature in accordance with Item (i) of this Subparagraph.
(b) The secretary is authorized to enter into interagency agreements for the performance of eligibility determination services to determine client eligibility for the Medical Assistance Program.
(2) Except as otherwise limited by a specific provision of law, the secretary is authorized to perform all of the following relative to or concerning the Medical Assistance Program:
(a) Adopt and promulgate rules and regulations related to the program in accordance with the Administrative Procedure Act.
(b) Develop and implement criteria, policies, and procedures concerning the program.
(c) Investigate, audit, and impose sanctions and other remedial measures on health care providers and others concerning the program.
(d) File suit on behalf of the Medical Assistance Program and select legal counsel employed by the department and other counsel as permitted by law to represent the secretary and the Medical Assistance Program in any such actions.
(3) The secretary may adopt rules and regulations for health care providers, in accordance with the Administrative Procedure Act and not inconsistent with state or federal law, governing their participation in the Medical Assistance Program. Such rules and regulations may include but shall not be limited to the following:
(a) The requirement that any health care provider who wishes to participate in the state Medical Assistance Program shall:
(i) Enter into an agreement with the secretary prior to receipt of any payment or reimbursement for services rendered to persons eligible for the Medical Assistance Program.
(ii) Provide specified information and provide authorization for the secretary to verify such information prior to entering into the agreement with the secretary.
(iii) Provide a letter of credit, surety bond, or a combination thereof, not to exceed fifty thousand dollars.
(b) General terms and conditions to which any provider shall agree in order to enter into a health care provider agreement with the secretary.
(c) Terms and conditions for the suspension, denial, or revocation of a health care provider agreement.
(d) Sanctions for violations of federal and state laws and rules applicable to the Medical Assistance Program.
E.(1) The functions relative to the operation and management of mental health, intellectual disabilities, and substance abuse services for Jefferson Parish having been transferred by department rules to the Jefferson Parish Human Services Authority in accordance with Part I of Chapter 21 of Title 28 of the Louisiana Revised Statutes of 1950 shall be the responsibility of and shall be performed by the Jefferson Parish Human Services Authority.
(2) Funds appropriated by the legislature for the costs of providing those functions and services transferred from the department to the authority shall be included in the department budget and shall be transferred from the department to the authority at the beginning of each state fiscal year. The secretary shall provide for the inclusion of such funds in the department budget request. Funding for the authority from such source shall be at least at the same level as provided for similar programs funded through the department budget in other parishes or regions of the state.
F.(1) The functions relative to the operation and management of community-based mental health, developmental disabilities, substance abuse services, and certain community-based public health services for the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Pointe Coupee, West Baton Rouge, and West Feliciana transferred in accordance with R.S. 28:910 et seq., shall be the responsibility of and shall be performed by the Capital Area Human Services District. If funds are not appropriated by the legislature for the district to perform these functions in those parishes, the functions shall be the responsibility of and shall be performed by the department in those parishes.
(2) Funds appropriated by the legislature for the costs of providing those functions and services transferred from the department to the district shall be included in the department budget and shall be transferred from the department to the district in accordance with the agreement between the secretary of the department and the district. The secretary shall provide for the inclusion of such funds in the department budget request. Funding for the district from such source shall be at least at the same level and from the same means of financing as provided for similar programs funded through the department budget in other parishes or regions of the state. The agreement between the secretary and the district shall also provide for the gradual assumption of community-based public health functions by the district.
G. Repealed by Acts 2006, No. 465, §3, eff. June 15, 2006.
H.(1) The functions relative to the operation and management of community-based mental health, developmental disabilities, and addictive disorder services for the parishes of Livingston, St. Helena, St. Tammany, Tangipahoa, and Washington transferred in accordance with R.S. 28:910 et seq. shall be the responsibility of and shall be performed by the Florida Parishes Human Services Authority. If funds are not appropriated by the legislature for the authority to perform these functions in those parishes, the functions shall be the responsibility of and shall be performed by the department in those parishes.
(2) Funds appropriated by the legislature for the costs of providing those functions and services transferred from the department to the authority shall be included in the department budget and shall be transferred from the department to the authority in accordance with the agreement between the secretary of the department and the authority. The secretary shall provide for the inclusion of such funds in the department budget request. Funding for the authority from such source shall be at least at the same level and from the same means of financing as provided for similar programs funded through the department budget in other parishes or regions of the state.
I.(1) The functions relative to the operation and management of community-based mental health, developmental disabilities, and addictive disorder services for the parishes of Orleans, St. Bernard, and Plaquemines transferred in accordance with R.S. 28:910 et seq. shall be the responsibility of and shall be performed by the Metropolitan Human Services District. If funds are not appropriated by the legislature for the district to perform these functions in those parishes, the functions shall be the responsibility of and shall be performed by the department in those parishes.
(2) Funds appropriated by the legislature for the costs of providing those functions and services transferred from the department to the district shall be included in the department budget and shall be transferred from the department to the district in accordance with the agreement between the secretary of the department and the district. The secretary shall provide for the inclusion of such funds in the department budget request. Funding for the district from such source shall be at least at the same level and from the same means of financing as provided for similar programs funded through the department budget in other parishes or regions of the state.
J.(1) The functions relative to the operation and management of community-based mental health, developmental disabilities, and addictive disorder services for the parishes of Assumption, Lafourche, St. Charles, St. James, St. John the Baptist, St. Mary, and Terrebonne transferred in accordance with R.S. 28:910 et seq., shall be the responsibility of and shall be performed by the South Central Louisiana Human Services District. If funds are not appropriated by the legislature for the district to perform these functions in those parishes, the functions shall be the responsibility of and shall be performed by the department in those parishes.
(2) Funds appropriated by the legislature for the costs of providing those functions and services transferred from the department to the district shall be included in the department budget and shall be transferred from the department to the district in accordance with the agreement between the secretary of the department and the district. The secretary shall provide for the inclusion of such funds in the department budget request. Funding for the district from such source shall be at least at the same level and from the same means of financing as provided for similar programs funded through the department budget in other parishes or regions of the state.
K.(1) The functions relative to the operation and management of community-based mental health, developmental disabilities, and addictive disorder services for the parishes of Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, and West Carroll transferred in accordance with R.S. 28:910 et seq., shall be the responsibility of and shall be performed by the Northeast Delta Human Services Authority. If funds are not appropriated by the legislature for the authority to perform these functions in those parishes, the functions shall be the responsibility of and shall be performed by the department in those parishes.
(2) Funds appropriated by the legislature for the costs of providing those functions and services transferred from the department to the authority shall be included in the department budget and shall be transferred from the department to the authority in accordance with the agreement between the secretary of the department and the authority. The secretary shall provide for the inclusion of such funds in the department budget request. Funding for the authority from such source shall be on at least the same level and from the same means of financing as provided for similar programs funded through the department budget in other parishes or regions of the state.
L. Any salary adjustment or cost of living adjustment for any employee or board member of a board, entity, agency, or commission transferred to the Louisiana Department of Health and enumerated in R.S. 36:259 or any employee of a human services district or authority established and enumerated in R.S. 28:912 shall not be granted in any year after a deficit is declared without express written approval of two-thirds of the members of the respective governing board. The express written approval shall be submitted to the secretary in accordance with the reporting provided for in R.S. 36:803.
Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 786, §4, eff. July 17, 1978; Acts 1979, No. 355, §1; Acts 1983, 1st Ex. Sess., No. 13, §1, eff. July 1, 1983; Acts 1984, No. 234, §1; Acts 1987, No. 736, §1; Acts 1988, 1st. Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, No. 772, §2, eff. July 17, 1988; Acts 1988, No. 858, §2, eff. July 18, 1988; Acts 1989, No. 89, §1, eff. June 16, 1989; Acts 1989, No. 140, §1, eff. June 22, 1989; Acts 1989, No. 231, §1, eff. June 26, 1989; Acts 1989, No. 458, §2; Acts 1990, No. 94, §2; Acts 1990, No. 219, §1; Acts 1990, No. 351, §1, eff. July 10, 1990; Acts 1992, No. 571, §1, eff. July 1, 1992; Acts 1992, No. 975, §2, eff. July 9, 1992; Acts 1993, No. 170, §§2 and 3, eff. May 31, 1993; Acts 1993, No. 466, §2, eff. June 9, 1993; Acts 1993, No. 554, §1; Acts 1993, No. 712, §2, eff. June 21, 1993; Acts 1993, No. 736, §1; Acts 1995, No. 420, §1, eff. June 17, 1995; Acts 1995, No. 723, §2, eff. June 21, 1995; Acts 1996, 1st Ex. Sess., No. 54, §2; Acts 1997, No. 3, §3, eff. July 1, 1997; Acts 1997, No. 953, §1, eff. July 10, 1997; Acts 1997, No. 958, §1; Acts 1997, No. 1130, §1; Acts 1998, 1st Ex. Sess., No. 128, §1, eff. May 5, 1998; Acts 1999, No. 642, §1, eff. July 1, 1999; Acts 1999, No. 656, §1, eff. July 1, 1999; Acts 1999, No. 802, §3, eff. July 2, 1999; Acts 2001, No. 826, §2, eff. June 26, 2001; Acts 2003, No. 594, §3, eff. June 27, 2003; Acts 2003, No. 846, §3, eff. July 1, 2003; Acts 2006, No. 449, §2, eff. June 15, 2006; Acts 2006, No. 465, §3, eff. June 15, 2006; Acts 2006, No. 631, §2, eff. June 23, 2006; Acts 2010, No. 861, §17; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2014, No. 811, §18, eff. June 23, 2014; Acts 2016, No. 338, §1, eff. June 2, 2016; Acts 2016, No. 557, §2; Acts 2018, No. 206, §2; Acts 2021, No. 211, §9; Acts 2022, No. 271, §7; Acts 2022, No. 592, §2A, eff. June 17, 2022.
NOTE: R.S. 40:2175 repealed by Acts 1999, No. 4, §1.
NOTE: See Acts 2022, No. 271, §71, and Acts 2006, No. 449, §4, repealing relative to effectiveness and powers and duties of the board of the South Central La. Human Services District.
A. The secretary of the department is authorized and empowered to administer, maintain, and operate the Drinking Water Revolving Loan Fund as created and provided in R.S. 40:2821 et seq.
B. In connection with such administration, maintenance, and operation, the department is authorized to incur debt and issue bonds, notes, or other evidence of indebtedness, and is authorized to pledge the sums in, credited to, or payable to the Drinking Water Revolving Loan Fund as security for the debt of other entities, and is authorized to arrange, provide for, and pay the cost of credit enhancement devices for its debt and the debt of other entities in order to provide funds in connection with the Drinking Water Revolving Loan Fund Program. Any such evidence of indebtedness, guarantee, pledge, or credit enhancement device shall be authorized, executed, and delivered by the secretary or his designee in accordance with the provisions of and subject to the limitations provided in R.S. 40:2821 et seq.
C. In connection with the power and duties involving the Drinking Water Revolving Loan Fund provided in Subsections A and B of this Section, the secretary of the department may do all of the following:
(1) Authorize, by executive order, the issuance, sale, execution, and delivery of bonds, notes, or other evidences of indebtedness of the department, obligations representing guarantees by the department of the debt of other entities, and the granting of pledges of the sums deposited in, credited to, or payable to the Drinking Water Revolving Loan Fund as created and provided in R.S. 40:2821 et seq., including sums to be received pursuant to letters of credit, as security for the debts of other entities, subject to the approval of the State Bond Commission.
(2) Administer the financial aspects of the Drinking Water Revolving Loan Fund as established in R.S. 40:2821 et seq. The secretary may also enter into contracts and other agreements in connection with the operation of the Drinking Water Revolving Loan Fund to the extent necessary or convenient for the implementation of the Drinking Water Revolving Loan Fund Program.
(3) Adopt and promulgate rules and regulations for the administration of the Drinking Water Revolving Loan Fund, provided such rules and regulations shall not take effect unless approved by the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs.
(4) Issue, incur, and deliver debt evidenced by bonds, notes, or other evidences of indebtedness, payable from or secured by sums deposited in, credited to, or to be received in, including sums received pursuant to letters of credit, by the department in the Drinking Water Revolving Loan Fund as created and established in R.S. 40:2821 et seq. The department may also undertake, issue, and deliver evidences of its guarantee of the debt of other entities and may enter and execute pledges of the sums deposited in, credited to, or to be received in the Drinking Water Revolving Loan Fund, including payments pursuant to letters of credit, to secure the debt of other entities. Such bonds, notes, or other evidences of indebtedness, such guarantees, and such pledges issued and delivered pursuant to the authority hereof shall constitute special and limited obligations of the department, and shall not be secured by the full faith and credit of the state of Louisiana, any source of revenue of the state of Louisiana other than those sums on deposit in, credited to, or to be received in the Drinking Water Revolving Loan Fund including payments to be made pursuant to letters of credit. Such bonds, notes, or other evidences of indebtedness, guarantees, and pledges shall constitute revenue bonds, debts, or obligations within the meaning of Article VII, Section 6(C) of the Constitution of Louisiana and shall not constitute the incurring of state debt thereunder. Withdrawals from the Drinking Water Revolving Loan Fund to pay debt service on any bond, note, or other evidence of indebtedness, obligation of guarantee of any debt, or pledge to secure any debt does not constitute and shall not be subject to annual appropriation by the legislature as provided by Article III, Section 16 of the Constitution of Louisiana.
(5) Issue, execute, and deliver refunding bonds, notes, or other evidences of indebtedness for the purpose of refunding, readjusting, restructuring, refinancing, extending, or unifying in whole or any part of its outstanding obligations.
(6) Issue short-term revenue notes for the purposes of anticipating any revenues to be received by the department in connection with the Drinking Water Revolving Loan Fund.
D. Bonds, notes, or other evidences of indebtedness of the department may bear, and the department may guarantee or pledge the assets of the Drinking Water Revolving Loan Fund to the payment of debt of other entities that bear, a rate or rates of interest at fixed, variable, or adjustable rates. Any such obligation may be non-interest bearing in the form of capital appreciation obligations.
Acts 2003, No. 67, §2, eff. May 28, 2003; Acts 2018, No. 206, §2.
All rights, title, and interest in the Hot Wells Rehabilitation Center, including all property, rights to mineral waters, equipment, and facilities, are vested in the office of the secretary, Louisiana Department of Health. The secretary of the Louisiana Department of Health may engage in cooperative endeavors, including but not limited to contracts or leases, with any public or private association, corporation, or individual for the establishment, maintenance, and operation of the Hot Wells Rehabilitation Center facilities as public facilities for rehabilitation purposes.
Acts 2003, No. 371, §1.
NOTE: See Acts 2003, No. 371, §§2 and 3 relative to transfer of Hot Wells Rehabilitation Center from Rapides Parish Police Jury to La. Dept. of Health and repeal of Acts 1995, No. 146 relative to transfer of Hot Wells Rehabilitation Center to Rapides Parish Police Jury from Military Department.
The Louisiana Department of Health, Medicaid eligibility section, is authorized to perform criminal history records checks of current and prospective employees, contractors, and subcontractors in accordance with the procedures provided in R.S. 15:587.5. Pursuant to this authorization and to implement the requirements of R.S. 15:587.5, the secretary shall promulgate rules and regulations with regard to this matter.
Acts 2017, No. 147, §3, eff. June 12, 2017; Acts 2018, No. 206, §2.
A. There shall be a surgeon general within the Louisiana Department of Health, office of the surgeon general, who shall be appointed by the governor with consent from the state Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session.
B. The surgeon general shall be a licensed and practicing physician in this state and shall continue to be so qualified during the term of office. The surgeon general shall be an employee of the Louisiana Department of Health.
C. The surgeon general shall serve as the chief medical officer of the Louisiana Department of Health and the state's leading advocate for wellness and disease prevention. The surgeon general shall serve as the state health officer.
D. The surgeon general shall have the responsibility to provide medical and clinical guidance and recommendations to the department, as well as directly to the governor when requested. The surgeon general shall perform the functions provided in this Title under the general control and supervision of the governor.
E. The surgeon general shall direct and be responsible for the functions of the office of the surgeon general within the Louisiana Department of Health.
F. The duties and functions of the surgeon general and the office of the surgeon general shall be in accordance with the provisions of this Section, and these functions and duties shall not be subject to change by the secretary.
G. The office of the surgeon general in the Louisiana Department of Health shall carry out its purpose as provided in R.S. 36:258 and the duties and functions provided in this Section. The office of the surgeon general shall do all of the following:
(1) Collect, manage, and analyze health data and statistics to formulate public health policy and planning for this state.
(2) Promote the health of all residents and visitors in this state.
(3) Coordinate with other agencies, offices, medical schools, boards, commissions, task forces, and other associations on healthcare initiatives for this state.
(4) Provide an annual report to the governor, legislature, and secretary of the Louisiana Department of Health, recommending priorities and initiatives for improving healthcare provisions and outcomes for all residents of this state, across all populations and age groups. The office of the surgeon general shall provide such report no later than May first of each year, beginning May 1, 2025.
Acts 2024, No. 739, §1, eff. June 19, 2024.
There may be a deputy secretary of the department, who shall be appointed by the secretary with consent of the Senate and who shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the deputy secretary shall be determined and assigned by the secretary. If appointed, he shall serve as acting secretary in the absence of the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. There shall be an undersecretary of the Louisiana Department of Health, who shall be appointed by the governor with the consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The undersecretary shall be directly responsible to the secretary and shall perform his functions under the supervision and control of the secretary.
B. The undersecretary shall direct and be responsible for the functions of the office of management and finance within the Louisiana Department of Health. In such capacity, he shall be responsible for accounting and budget control, procurement and contract management, data processing, personnel management, and facility construction and consulting services, for the department and all of its offices, including all agencies transferred to the Louisiana Department of Health, except as otherwise provided in this Title. He shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
C. The duties and functions of the office of management and finance and of the undersecretary shall be as provided in this Section and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary.
D. Repealed by Acts 1999, No. 656, §2, eff. July 1, 1999.
E. Repealed by Acts 1995, No. 369, §3.
Acts 1988, No. 772, §2, eff. July 17, 1988; Acts 1993, No. 170, §2, eff. May 31, 1993; Acts 1995, No. 369, §3; Acts 1999, No. 656, §2, eff. July 1, 1999.
A. Each office within the Louisiana Department of Health, except the office of management and finance and the office of the surgeon general, shall be under the immediate supervision and direction of an assistant secretary, who shall be appointed by the governor with consent of the Senate. Each shall serve at the pleasure of the governor and shall be paid a salary which shall be fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session.
B. Except as otherwise expressly provided in this Title, the duties and functions of each office and its assistant secretary shall be determined by the secretary, and all of such duties and functions shall be exercised under the direct supervision and control of the secretary.
C. Except as otherwise provided in R.S. 36:801, each assistant secretary shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of his office and its programs and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws.
D. Each assistant secretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1984, No. 899, §1, eff. July 1, 1984; Acts 1988, 1st Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, No. 772, §2, eff. July 17, 1988; Acts 2024, No. 739, §1, eff. June 19, 2024.
A. The purposes for which the offices of the Louisiana Department of Health are created shall be set forth in this Section.
B. The office of public health shall perform the functions of the state which relate to the general health of the people of the state, including but not limited to responsibility for the preparation and supervision of the Sanitary Code, local health units, sewage treatment and disposal within the state, physical fitness, supplemental food programs for women, infants, and children, emergency medical services, and related functions affecting the public health. It shall also perform those functions of the state provided by law relating to environmental quality and pollution control which are related to the public health and which are specifically assigned to the department, including but not limited to functions relating to the treatment and disposal of sewage within the state, with the exception of those functions assigned by law to the Department of Environmental Quality including, but not limited to, the licensing of sewage sludge transporters or haulers.
C. The consolidation of the administration of the offices for mental health and of addictive disorders into the office of behavioral health will offer less redundancy and greater benefits to Louisiana citizens in need of these services. The office of behavioral health shall perform the functions of the state which oversee services and continuity of care for the prevention, detection, treatment, rehabilitation, and follow-up care of mental and emotional illness in Louisiana and shall perform functions related to mental health. It shall also perform the functions of the state relating to the care, training, treatment, and education of those suffering from substance-related or addictive disorders and the prevention of substance-related and addictive disorders and administer the substance-related and addictive disorders programs in the state. It shall monitor residential and outpatient care facilities for persons with mental illness, persons suffering from substance-related or addictive disorders, and persons suffering from co-occurring mental illness and substance-related or addictive disorders.
D. The office for citizens with developmental disabilities shall be responsible for the programs and functions of the state relating to the care, training, treatment, and education of persons with intellectual disabilities, persons with developmental disabilities, and persons with autism. It shall administer residential and day care facilities of the state for persons with intellectual disabilities and persons with developmental disabilities.
E. The office on women's health and community health shall be responsible for leading and coordinating efforts within the Louisiana Department of Health that are intended to improve women's health outcomes through policy, education, evidence-based practices, programs, and services. The office on women's health and community health shall serve as a clearinghouse, coordinating agency, and resource center for women's health data and strategies, services, programs, and initiatives that address women's health-related concerns. The department may consolidate efforts on women's health and community health within the department as deemed appropriate by the secretary of the department.
NOTE: Subsection F eff. until one or more executive branch depts. is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, and Acts 2024, No. 278.
F. The office of aging and adult services shall be responsible for the programs and functions of the Louisiana Department of Health related to the long-term care of the elderly and the protection and long-term care of persons with adult onset disabilities. It shall administer the residential state-operated nursing homes, the Villa Feliciana Medical Complex, the protection services program of adults from ages eighteen to fifty-nine, the department's long-term support and services programs, the State Personal Assistance Services program, the Community and Family Support Program, the Traumatic Brain and Spinal Cord Injury Trust Fund, as well as other related programs within the department.
NOTE: Subsection F as amended by Acts 2013, No. 384, §3, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier. See Acts 2013, No. 384, and Acts 2024, No. 278.
F. The office of aging and adult services shall be responsible for the programs and functions of the Louisiana Department of Health related to the long-term care of the elderly and the protection and long-term care of persons with adult onset disabilities. It shall administer the residential state-operated nursing homes, the Villa Feliciana Medical Complex, the protection services program of adults from ages eighteen to fifty-nine, the department's long-term support and services programs, the State Personal Assistance Services program, the Community and Family Support Program, the Traumatic Brain and Spinal Cord Injury Trust Fund, as well as other related programs within the department. The office shall have no responsibility or authority for any programs or functions assigned by the Louisiana Revised Statutes of 1950 to the Department of Elderly Affairs.
G. Notwithstanding the provisions of Subsections C and D of this Section, the Jefferson Parish Human Services Authority shall be responsible for and shall perform the functions relative to the operation and management of mental health, developmental disabilities, and substance abuse services for Jefferson Parish only, and the department shall not be responsible for nor perform such functions unless the contract between the department and the authority has been terminated pursuant to R.S. 28:918(E).
H. Notwithstanding the provisions of Subsections B, C, and D of this Section, the Capital Area Human Services District shall be responsible for and shall perform the functions relative to the operation and management of community-based mental health, developmental disabilities, substance abuse services, and certain community-based public health services for the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Pointe Coupee, West Baton Rouge, and West Feliciana only unless the contract between the department and the authority has been terminated pursuant to R.S. 28:918(E).
I. Notwithstanding the provisions of Subsections C and D of this Section, the Florida Parishes Human Services Authority shall be responsible for and shall perform the functions relative to the operation and management of mental health, developmental disabilities, and addictive disorder services for the parishes of Livingston, St. Helena, St. Tammany, Tangipahoa, and Washington, and the department shall not be responsible for nor perform such functions unless the contract between the department and the authority has been terminated pursuant to R.S. 28:918(E).
J. Notwithstanding the provisions of Subsections C and D of this Section, the South Central Louisiana Human Services District shall be responsible for and shall perform the functions relative to the operation and management of mental health, developmental disabilities, and addictive disorder services for the parishes of Assumption, Lafourche, St. Charles, St. James, St. John the Baptist, St. Mary, and Terrebonne, and the department shall not be responsible for nor perform such functions unless the contract between the department and the authority has been terminated pursuant to R.S. 28:918(E).
K. Notwithstanding the provisions of Subsections C and D of this Section, the Metropolitan Human Services District shall be responsible for and shall perform the functions relative to the operation and management of mental health, developmental disabilities, and addictive disorder services for the parishes of Orleans, St. Bernard, and Plaquemines, and the department shall not be responsible for nor perform such functions unless the contract between the department and the authority has been terminated pursuant to R.S. 28:918(E).
L. Notwithstanding the provisions of Subsections C and D of this Section, the Northeast Delta Human Services Authority shall be responsible for and shall perform the functions relative to the operation and management of mental health, developmental disabilities, and addictive disorder services for the parishes of Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, and West Carroll, and the department shall not be responsible for nor perform such functions unless the contract between the department and the authority has been terminated pursuant to R.S. 28:918(E).
M. The office of the surgeon general shall be responsible for leading and coordinating efforts of the Louisiana Department of Health that are intended to provide clinical and medical guidance and recommendations to improve health outcomes for all residents of this state, across all populations and age groups. The department may consolidate efforts on healthcare provisions and outcomes for all programs within the department as deemed appropriate by the secretary of the department after consultation with the surgeon general.
Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 786, §4, eff. July 17, 1978; Acts 1979, No. 449, §3, eff. Jan. 1, 1980; Acts 1979, No. 680, §3; Acts 1979, No. 692, §1; Acts 1979, No. 784, §2; Acts 1980, No. 751, §1; Acts 1981, No. 603, §1; Acts 1981, No. 823, §1; Acts 1981, Ex.Sess., No. 15, §1, eff. Nov. 19, 1981; Acts 1982, No. 154, §1, eff. July 1, 1982; Acts 1982, No. 698, §1; Acts 1982, No. 842, §1, eff. Aug. 4, 1982; Acts 1983, 1st Ex. Sess., No. 13, §3, eff. July 1, 1983; Acts 1983, No. 574, §1; Acts 1983, No. 659, §2; Acts 1983, No. 386, §1, eff. July 2, 1983; Acts 1984, No. 187, §1; Acts 1984, No. 899, §1, eff. July 1, 1984; Acts 1984, No. 217, §2; Acts 1984, No. 520, §1, eff. July 1, 1984; Acts 1984, No. 567, §1, eff. Jan. 1, 1985; Acts 1985, No. 919, §1, eff. July 23, 1985; Acts 1985, No. 965, §2; Acts 1986, 1st Ex. Sess., No. 28, §1, eff. Dec. 24, 1986; Acts 1987, No. 592, §1, eff. July 9, 1987; Acts 1987, No. 912, §1, eff. July 20, 1987; Acts 1988, 1st. Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, No. 858, §2, eff. July 18, 1988; Acts 1989, No. 159, §2; Acts 1989, No. 458, §2; Acts 1990, No. 94, §2; Acts 1991, No. 390, §§1, 6, eff. Jan. 1, 1992; Acts 1992, No. 571, §1, eff. July 1, 1992; Acts 1993, No. 200, §5; Acts 1993, No. 466, §2, eff. June 9, 1993; Acts 1993, No. 712, §2, eff. June 21, 1993; Acts 1995, No. 723, §2, eff. June 21, 1995; Acts 1996, 1st Ex. Sess., No. 45, §1, eff. May 7, 1996; Acts 1996, 1st Ex. Sess., No. 54, §2; Acts 1997, No. 172, §2, eff. June 13, 1997; Acts 1997, No. 1130, §1; Acts 1999, No. 339, §2; Acts 2001, No. 826, §2, eff. June 26, 2001; Acts 2003, No. 594, §3, eff. June 27, 2003; Acts 2003, No. 846, §3, eff. July 1, 2003; Acts 2004, No. 803, §2, eff. July 8, 2004; Acts 2006, No. 449, §2, eff. June 15, 2006; Acts 2006, No. 465, §2, eff. June 15, 2006; Acts 2006, No. 631, §2, eff. June 23, 2006; Acts 2008, No. 56, §2, eff. July 1, 2009; Acts 2008, No. 373, §3, eff. June 21, 2008; Acts 2009, No. 384, §§3, 4, eff. July 1, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2010, No. 939, §4, eff. July 1, 2010; Acts 2013, No. 384, §§3, 9, eff. upon contingencies contained in Acts 2013, No. 384, §9(B); Acts 2017, No. 369, §3; Acts 2018, No. 206, §2; Acts 2022, No. 271, §7; Acts 2022, No. 676, §1, eff. June 18, 2022; Acts 2024, No. 278, §1, eff. Feb. 1, 2025, §3, See Act; Acts 2024, No. 739, §1, eff. June 19, 2024.
NOTE: See Acts 2013, No. 384, §9 which makes the Act effective when one or more executive branch depts. are abolished or a constitutional amendment authorizing an additional dept. becomes effective, whichever is earlier.
NOTE: See Acts 2013, No. 384, §8, effective July 1, 2013 per §9(A) of the Act, provides that funds allocated for any purpose under the authority of the Office of Elderly Affairs or its successor, the Department of Elderly Affairs, are allocated only to the Office of Elderly Affairs or its successor and are not appropriated, allocated or transferred to any other state department, office or programs.
NOTE: See Acts 2022, No. 271, §7, repealing Acts 2006, No. 449, §4, relative to effectiveness and powers and duties of the board of the South Central La. Human Services District.
A. The following agencies are transferred to and hereafter shall be within the Louisiana Department of Health as provided in R.S. 36:803:
(1) Louisiana State Board of Dentistry (R.S. 37:751 et seq.).
(2) Louisiana State Board of Embalmers and Funeral Directors (R.S. 37:831 et seq.).
(3) Louisiana State Board of Nursing (R.S. 37:911 et seq.).
(4) Louisiana State Board of Practical Nurse Examiners (R.S. 37:961 et seq.).
(5) Louisiana State Board of Optometry Examiners (R.S. 37:1041 et seq.).
(6) Louisiana Licensed Professional Counselors Board of Examiners (R.S. 37:1101 et seq.).
(7) Louisiana Board of Pharmacy (R.S. 37:1161 et seq.; R.S. 51:521 et seq.).
(8) Louisiana State Board of Medical Examiners (R.S. 12:914; R.S. 37:611 et seq.; R.S. 37:1261 et seq.).
(9) Louisiana State Board of Examiners for Sanitarians (R.S. 37:2101 et seq.).
(10) Louisiana State Board of Examiners of Psychologists (R.S. 37:2351 et seq.).
(11) Louisiana Physical Therapy Board (R.S. 37:2401 et seq.).
(12) Louisiana Board for Hearing Aid Dealers (R.S. 37:2441 et seq.).
(13) Board of Examiners for Nursing Facility Administrators (R.S. 37:2501 et seq.).
(14) Louisiana Board of Examiners for Speech-Language Pathology and Audiology (R.S. 37:2650 et seq.).
(15) Louisiana State Board of Social Work Examiners (R.S. 37:2701 et seq.).
(16) Louisiana Board of Chiropractic Examiners (R.S. 37:2801 et seq.).
(17) State Board of Electrolysis Examiners (R.S. 37:3051 et seq.).
(18) Louisiana State Board of Examiners in Dietetics and Nutrition (R.S. 37:3081 et seq.).
(19) Radiologic Technology Board of Examiners (R.S. 37:3200 et seq.).
(20) Addictive Disorder Regulatory Authority ( R.S. 37:3386.2).
(21) Louisiana Licensed Professional Vocational Rehabilitation Counselors Board of Examiners (R.S. 37:3441 et seq.).
(22) Louisiana Board of Drug and Device Distributors (R.S. 37:3461 et seq.).
(23) Louisiana Board of Massage Therapy (R.S. 37:3551 et seq.).
(24) Louisiana Behavior Analyst Board (R.S. 37:3701 et seq.).
B. The following agencies are placed within the Louisiana Department of Health and shall exercise and perform their powers, duties, functions, and responsibilities as otherwise provided by law:
(1) Louisiana state office of rural health (R.S. 40:2195.1).
(2) Louisiana State Child Death Review Panel (R.S. 40:2019).
(3) Marriage and Family Therapy Advisory Committee (R.S. 37:1104) (Established by the Louisiana Licensed Professional Counselors Board of Examiners).
(4) Nursing Home Emergency Preparedness Review Committee (R.S. 40:2009.25).
(5) Advisory Committee on Polysomnography (R.S. 37:2861 et seq.).
(6) Louisiana Birth Defects Surveillance System Advisory Board (R.S. 40:31.41 et seq.).
(7) Prescription Monitoring Program Advisory Council (R.S. 40:1001 et seq.).
(8) Health Data Panel (R.S. 40:1173.1 et seq.).
(9) Medicaid Pharmaceutical and Therapeutics Committee (R.S. 46:153.3).
(10) Advisory council for the program of early identification of deaf or hard of hearing infants (R.S. 46:2261 et seq.).
(11) Louisiana Sickle Cell Commission (R.S. 40:1125.1).
(12) Physician Assistants Advisory Committee (R.S. 37:1270.1).
(13) Respiratory Care Advisory Committee (R.S. 37:3356 et seq.).
(14) Louisiana Advisory Committee on Populations and Geographic Regions With Excessive Cancer Rates (R.S. 40:1105.12).
(15)(a) Louisiana Developmental Disabilities Council (R.S. 28:750 et seq.). The council shall have full appointing authority for all personnel purposes.
(b) Regional and state advisory councils for the Community and Family Support System (R.S. 28:824(J)).
(16) Louisiana Commission on HIV and Hepatitis C Education, Prevention, and Treatment (R.S. 40:2018.1).
(17) Palliative Care Interdisciplinary Advisory Council (R.S. 40:2018.7).
(18) Louisiana Toxic Mold Task Force (R.S. 40:1289.1 et seq.).
(19) Louisiana Community Health Worker Workforce Board (R.S. 37:3721 et seq.).
(20) Alzheimer's and Related Dementias Advisory Council (R.S. 40:2018.8).
(21) Ambulance Patient Offload Delay Collaborative (R.S. 40:1134).
(22) Uterine Fibroids Commission.
(23) - (38) Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
C. The following agencies are transferred to and hereafter shall be within the Louisiana Department of Health as provided in R.S. 36:851 et seq.:
(1) Eastern Louisiana Mental Health System (Jackson).
(2) Central Louisiana State Hospital (Pineville).
(3) Pinecrest Supports and Services Center (R.S. 28:22.8(A)(1); R.S. 28:451.4).
(4) North Lake Supports and Services Center (R.S. 28:22.8(A)(3); R.S. 28:451.4).
(5) The behavioral health facilities located in New Orleans, Baton Rouge, Shreveport, Monroe, Lake Charles, Alexandria, Lafayette, Metairie, Hammond, Natchitoches, Ruston, Chalmette, Houma, Harvey, Marksville, Bogalusa, Pineville, Many, New Roads, Covington, Crowley, Donaldsonville, Plaquemine, Raceland, Leesville, Norco, Mandeville, Ville Platte, Patterson, Tallulah, Columbia, Oakdale, and any other state-owned or state-operated facilities as may be hereinafter established (R.S. 28:22.5).
(6) Northwest Supports and Services Center (R.S. 28:22.8(A)(2); R.S. 28:451.4).
(7) Villa Feliciana Medical Complex (R.S. 28:22.7; R.S. 40:2002.4; R.S. 40:2142).
(8) Central Louisiana Supports and Services Center (R.S. 28:22.8).
D. The following agencies are placed within the Louisiana Department of Health and shall exercise and perform their powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:802:
(1) Commission on Perinatal Care and Prevention of Infant Mortality (R.S. 40:2018).
(2) Governor's Council on Physical Fitness and Sports (R.S. 40:2451 et seq.).
(3) Healthy Moms, Healthy Babies Advisory Council (R.S. 40:2018.5).
(4) Louisiana Commission for the Deaf (R.S. 46:2351 et seq.).
(5) Louisiana Medical Disclosure Panel (R.S. 40:1157.2).
(6) Water Supply and Sewerage Systems Certification Committee (R.S. 40:1281.1 et seq.).
(7) Louisiana Rare Disease Advisory Council (R.S. 40:1122.1).
(8) Louisiana Domestic Abuse Fatality Review Panel (R.S. 40:2024.1 et seq.).
(9) Louisiana State Interagency Coordinating Council for EarlySteps: Louisiana's Early Intervention Program for Infants and Toddlers with Disabilities and Their Families (R.S. 28:470), except that it shall have any other powers, duties, functions, and responsibilities specifically provided in R.S. 28:470.
E. The Louisiana Emergency Response Network Board (R.S. 40:2841 et seq.) is placed within the Louisiana Department of Health and shall exercise and perform its powers, duties, functions, and responsibilities as provided in R.S. 36:801.1. The Louisiana Emergency Response Network Board shall be a separate budget unit within the Louisiana Department of Health.
F. The following agencies are hereby placed within the Louisiana Department of Health and shall exercise and perform their powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:901 et seq.:
(1) Traumatic Brain and Spinal Cord Injury Trust Fund Advisory Board (R.S. 46:2631 et seq.).
(2) Clinical Laboratory Personnel Committee (R.S. 37:1311 et seq.), except that the committee may conduct examinations and may appoint and employ such personnel as required or authorized, as provided by R.S. 37:1315.
(3) Louisiana Emergency Medical Services Certification Commission (R.S. 40:1131 et seq.), except that the commission shall advise the bureau of emergency medical services on requirements and standards for licensure of emergency medical personnel and continuing education requirements for licensure. The commission shall retain the authority to approve requirements and standard of practice for emergency medical personnel; conduct disciplinary hearings for emergency medical personnel; and cause the prosecution of any individual who violates the provisions of Part II of Chapter 5-C of Title 40 of the Louisiana Revised Statutes of 1950.
G. The following agencies, previously abolished by the Executive Reorganization Act, and their powers, duties, functions and responsibilities are transferred to the secretary of the Louisiana Department of Health and shall be exercised and performed as provided in R.S. 36:921 et seq.:
(1) Anatomical Board (R.S. 17:2271 et seq.).
(2) Louisiana State Board of Health and the Louisiana Department of Health and all its subsidiary boards. (Such provisions of Title 40 of the Louisiana Revised Statutes of 1950 as are applicable to the abolished board and department).
Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1977, No. 519, §1; Acts 1978, No. 439, §2; Acts 1978, No. 786, §4, eff. July 17, 1978; Acts 1979, No. 312, §1; Acts 1979, No. 449, §3, eff. Jan. 1, 1980; Acts 1979, No. 748, §2, eff. Jan. 1, 1980; Acts 1980, No. 629, §1; Acts 1980, No. 751, §1; Acts 1980, No. 825, §1, eff. Aug. 1, 1980; Acts 1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1981, No. 690, §1; Acts 1982, No. 528, §2; Acts 1982, No. 812, §2; Acts 1983, No. 481, §1; Acts 1983, No. 507, §2; Acts 1984, No. 88, §1; Acts 1984, No. 485, §1; Acts 1984, No. 842, §2; Acts 1984, No. 847, §1; Acts 1984, No. 846, §3; Acts 1984, No. 899, §1, eff. July 1, 1984; Acts 1985, No. 286, §2; Acts 1985, No. 302, §1; Acts 1985, No. 408, §2; Acts 1985, No. 690, §2, eff. July 16, 1985; Acts 1985, No. 692, §1; Acts 1985, No. 813, §1; Acts 1986, No. 357, §2 and §3, eff. June 30, 1986; Acts 1986, No. 874, §1; Acts 1986, No. 880, §2; Acts 1986, No. 908, §2; Acts 1987, No. 43, §1; Acts 1987, No. 208, §2, eff. Jan. 1, 1988; Acts 1987, No. 384, §1; Acts 1987, No. 536, §3; Acts 1987, No. 574, §2, eff. July 9, 1987; Acts 1987, No. 617, §2; Acts 1987, No. 787, §2; Acts 1987, No. 892, §2, eff. July 20, 1987; Acts 1987, No. 932, §§2,3, eff. July 20, 1987; Acts 1988, 1st Ex. Sess., No. 1, §§2, 10, eff. Mar. 28, 1988; Acts 1988, No. 373, §1; Acts 1988, No. 701, §1; Acts 1988, No. 785, §1; Acts 1988, No. 796, §2, eff. July 18, 1988; Acts 1988, No. 852, §2; Acts 1988, No. 941, §1; Acts 1988, No. 372, §1, eff. July 8, 1988; Acts 1989, No. 89, §1, eff. June 16, 1989; Acts 1989, No. 294, §3, eff. June 27, 1989; Acts 1989, No. 329, §3; Acts 1989, No. 344, §4, eff. June 28, 1989; Acts 1989, No. 352, §§1, 3; Acts 1989, No. 355, §1; Acts 1989, No. 381, §1; Acts 1989, No. 403, §1, eff. June 30, 1989; Acts 1989, No. 445, §2; Acts 1989, No. 456, §2; Acts 1989, No. 458, §2; Acts 1989, No. 662, §8, eff. July 7, 1989, §9, eff. June 30, 1989, §12, eff. August 15, 1989; Acts 1990, No. 94, §3; Acts 1990, No. 351, §3, eff. July 10, 1990; Acts 1990, No. 464, §1; Acts 1990, No. 800, §2; Acts 1990, No. 815, §1; Acts 1991, No. 227, §1; Acts 1991, No. 253, §2, eff. July 2, 1991; Acts 1991, No. 390, §1, §6, eff. Jan. 1, 1992; Acts 1991, No. 429, §2; Acts 1991, No. 576, §1; Acts 1991, No. 818, §2; Acts 1992, No. 260, §2, eff. June 10, 1992; Acts 1992, No. 427, §1; Acts 1992, No. 753, §1, eff. Sept. 1, 1992; Acts 1992, No. 1047, §2; Acts 1993, No. 396, §1, eff. Aug. 1, 1993; Acts 1993, No. 662, §3, eff. June 16, 1993; Acts 1995, No. 185, §3; Acts 1995, No. 369, §2; Acts 1995, No. 892, §1; Acts 1995, No. 1242, §2, eff. June 29, 1995; Acts 1995, No. 1301, §2; Acts 1997, No. 3, §3, eff. July 1, 1997; Acts 1997, No. 641, §2; Acts 1997, No. 908, §1; Acts 1997, No. 913, §1; Acts 1997, No. 982, §2, eff. July 10, 1997; Acts 1997, No. 1116, §2; Acts 1997, No. 1185, §1; Acts 1999, No. 674, §2, eff. July 1, 1999; Acts 1999, No. 767, §2; Acts 1999, No. 1039, §2, eff. July 9, 1999; Acts 1999, No. 1148, §4; Acts 2001, No. 197, §2; Acts 2001, No. 1183, §3; Acts 2001, No. 1185, §8, eff. July 1, 2001; Acts 2004, No. 248, §1, eff. June 15, 2004; Acts 2004, No. 644, §1; Acts 2004, No. 726, §1, eff. July 1, 2004; Acts 2004, No. 803, §5, eff. July 8, 2004; Acts 2004, No. 906, §1, eff. July 12, 2004; Acts 2004, No. 920, §1, eff. July 12, 2004; Acts 2005, No. 428, §3, eff. July 1, 2005; Acts 2006, No. 427, §1; Acts 2006, No. 713, §§2 and 4, eff. July 1, 2006; Acts 2007, No. 142, §1; Acts 2007, No. 325, §2, eff. July 9, 2007; Acts 2007, No. 360, §2; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2008, No. 534, §§2, 4, eff. June 30, 2008; Acts 2008, No. 815, §5; Acts 2009, No. 438, §§8(B), 9(B), 10, 15(B); Acts 2009, No. 535, §1, eff. Jan. 1, 2010; Acts 2010, No. 743, §§10B, 13, and 20, eff. July 1, 2010; Acts 2010, No. 861, §§17, 22; Acts 2010, No. 939, §4, eff. July 1, 2010; Acts 2012, No. 232, §3, eff. May 22, 2012; Acts 2012, No. 269, §1, eff. May 25, 2012; Acts 2012, No. 600, §1, eff. June 7, 2012; Acts 2012, No. 759, §1, eff. June 12, 2012; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2013, No. 117, §1; Acts 2013, No. 184, §§2(B), 4(B), 7(B); Acts 2013, No. 292, §1, eff. June 14, 2013; Acts 2013, No. 351, §1; Acts 2014, No. 93, §1, eff. December 19, 2014; Acts 2014, No. 580, §1, eff. June 9, 2014; Acts 2015, No. 411, §4, eff. July 1, 2015; Acts 2016, No. 577, §3; Acts 2016, No. 614, §8(B); Acts 2017, No. 146, §6; Acts 2017, No. 369, §3; Acts 2018, No. 177, §1, eff. May 15, 2018; Acts 2018, No. 206, §2; Acts 2018, No. 497, §1, eff. May 23, 2018; Acts 2018, No. 515, §1; Acts 2019, No. 351, §1; Acts 2019, No. 411, §3, eff. June 20, 2019; Acts 2020, No. 157, §1; Acts 2020, No. 328, §1; Acts 2021, No. 98, §2; Acts 2021, No. 320, §1, See Act; Acts 2021, No. 321, §1; Acts 2022, No. 252, §2; Acts 2022, No. 326, §1; Acts 2022, No. 522, §2, eff. June 16, 2022; Acts 2022, No. 592, §2C, eff. June 17, 2022; Acts 2022, No. 623, §§4, 9, eff. July 1, 2022; Acts 2022, No. 623, §§8 and 13(B), see Act; Acts 2022, No. 647, §1; Acts 2022, No. 659, §1; Acts 2023, No. 182, §1; Acts 2024, No. 121, §1, eff. May 22, 2024; Acts 2024, No. 240, §2, eff. May 23, 2024; Acts 2024, No. 278, §1, eff. Feb. 1, 2025; Acts 2024, No. 691, §1; Acts 2025, No. 205, §1.
NOTE: See R.S. 40:2018.7(G)(Acts 2022, No. 659) regarding the expiration of the provisions regarding the Palliative Care Interdisciplinary Advisory Council referenced in R.S. 36:259(B)(17).
NOTE: See R.S. 37:3726 (Acts 2023, No. 182) regarding termination (Dec. 31, 2028) of the Louisiana Community Health Worker Workforce Board referenced in R.S. 36:259(B)(19).
A. Louisiana Works is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge. Louisiana Works shall be deemed to be one of the twenty departments of the executive branch of state government as provided in Article IV, Section 1 of the Constitution of Louisiana and as provided in this Title.
B. Louisiana Works, through its offices and officers, shall administer and enforce laws and programs designed to protect the economic and physical well-being of Louisiana's workforce and pursue the availability of the workforce to meet the needs of the economy. The department shall coordinate and administer programs conducted by the state, or jointly with federal agencies, in the area of labor-management relations, manpower evaluation and training, vocational rehabilitation, independent living, blind services, employment, unemployment and workers' compensation, job safety, and the licensing and regulation of certain types of work. The department shall be responsible for delivering workforce development solutions for businesses and economic sectors of the economy and coordinating with other state agencies and offices for the delivery of workforce development solutions as provided for in R.S. 23:1801. The department shall perform functions related to administration of the community services block grant for which provision is initially made in the Omnibus Budget Reconciliation Act of 1981.
C.(1) Louisiana Works shall be composed of the executive office of the secretary, the office of management and finance, the office of workforce development, the office of unemployment insurance administration, the office of workers' compensation administration, and such other offices as shall be created by law. The Louisiana Workforce Investment Council, as more specifically provided in R.S. 23:2042 et seq., shall be placed within the executive office of the secretary.
(2) Except when changes are necessary for the efficient delivery of workforce development solutions for businesses and economic sectors of the economy, whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, the secretary shall present a plan therefor to the legislature for its approval by statute.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1981, Ex.Sess., No. 15, §1, eff. Nov. 19, 1981; Acts 1983, 1st Ex. Sess., No. 1, §3, eff. July 1, 1983; Acts 1987, No. 736, §1; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1997, No. 1172, §5, eff. June 30, 1997; Acts 2007, No. 113, §3; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2009, No. 438, §15(A); Acts 2010, No. 939, §4, eff. July 1, 2010; Acts 2018, No. 380, §2, eff. June 30, 2018; Acts 2024, No. 330, §3; Acts 2025, No. 478, §10, eff. Oct. 1, 2025.
A. The officers of the department shall be the secretary, the undersecretary, the deputy secretary if a deputy secretary is appointed, and assistant secretaries, each of whom shall be selected and shall perform functions as provided in this Title.
B. No person serving as secretary, undersecretary, deputy secretary, or assistant secretary shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices. Any statewide elected official appointed to serve as secretary, undersecretary, deputy secretary, or assistant secretary shall not receive any additional salary from the state other than that salary which he receives as a statewide elected official.
C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as secretary, undersecretary, deputy secretary, or assistant secretary may receive additional compensation for part-time services rendered as an instructor in post-secondary educational institutions, or as a member of the National Guard.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2018, No. 380, §2, eff. June 30, 2018.
There shall be a secretary, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for the position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of Louisiana Works and shall have the responsibility for the policies of the department, except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department; provided that the secretary shall perform his functions under the general control and supervision of the governor.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2018, No. 380, §2, eff. June 30, 2018.
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, the secretary shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Advise the governor on problems concerning the administration of the department.
(6) Act as the sole agent of the state and administrator of the Louisiana Employment Security Law or, in necessary cases, designate one or more of the offices within the department to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.
(7) Make and publish an annual report to the governor and the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon the request of the governor, the legislature, or any committee or member thereof.
(8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of both houses of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (7) of this Subsection.
(10) Be responsible for directing statewide workforce solutions and workforce policy to meet the needs of businesses, the state economy, and the economic sectors and regions of the state, in coordination with the secretary of Louisiana Economic Development, the superintendent of education, the commissioner of higher education, the president of the Louisiana Community and Technical College System, and other agencies as are related to this purpose.
B. The secretary shall have authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and of each other office of the department and for the performance of their respective powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis.
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(b) All of the above are to be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of Louisiana Works, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to employment and management.
(5) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1987, No. 736, §1; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1989, No. 660, §2; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1997, No. 1172, §5, eff. June 30, 1997; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2016, No. 557, §2; Acts 2018, No. 380, §2, eff. June 30, 2018; Acts 2022, No. 500, §5, eff. June 30, 2022; Acts 2024, No. 330, §3.
There may be a deputy secretary of the department, who shall be appointed by the secretary with consent of the Senate and who shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the deputy secretary shall be determined and assigned by the secretary. If appointed, he shall serve as acting secretary in the absence of the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2018, No. 380, §2, eff. June 30, 2018.
A. There shall be an undersecretary of Louisiana Works, who shall be appointed by the governor with the consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The undersecretary shall be directly responsible to and shall perform his functions under the supervision and control of the secretary.
B. The undersecretary shall direct and be responsible for the functions of the office of management and finance within Louisiana Works. In such capacity he shall be responsible for accounting and budget control, procurement and contract management, management and program analysis, personnel management, and grants management for the department and all of its offices, including all agencies transferred to Louisiana Works, except as otherwise specifically provided in this Title. He shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1997, No. 1172, §5, eff. June 30, 1997; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2018, No. 380, §2, eff. June 30, 2018.
A. Each office within Louisiana Works, except the office of management and finance, shall be under the immediate supervision and direction of an assistant secretary, who shall be appointed by the governor with consent of the Senate. Each shall serve at the pleasure of the governor and shall be paid a salary which shall be fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session.
B. Except as otherwise expressly provided in this Title, the duties and functions of each office and its assistant secretary shall be determined by the secretary, and all of such duties and functions shall be exercised under the direct supervision and control of the secretary.
C. Except as otherwise provided in R.S. 36:801, each assistant secretary shall employ, appoint, remove, assign, and promote such personnel as are necessary for the efficient administration of his office and its programs and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws.
D. Each assistant secretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2018, No. 380, §2, eff. June 30, 2018.
A. The purposes for which the offices of Louisiana Works are created shall be as set forth in this Section.
B.(1) The office of workforce development shall perform the functions of the state relating to the administration, enforcement, supervision, and direction of programs related to the formulation of standards and policies promoting the welfare of wage-earning women; the employment of individuals with disabilities; vocational rehabilitation; occupational information services; independent living; blind services; customer service delivery; employment; training; minimum wage standards; welfare of workers and labor disputes, including the promotion of voluntary conciliation of disputes; regulation and certification of private employment agencies; minor labor laws; the formulation of policy relative to labor apprenticeship; worker protection programs, including medical payment; and employment security and employment service field services, all in accordance with applicable laws.
(2) In addition to Paragraph (1) of this Subsection, the office of workforce development shall also perform the functions of the state relating to data processing and the development, analysis, and dissemination of labor market and occupational information, including but not limited to training and forecasting data.
C. The office of unemployment insurance administration shall perform the functions of the state relating to the administration and enforcement of programs and services affecting unemployment compensation, all in accordance with applicable laws.
D. The office of workers' compensation administration shall perform the functions of the state relating to the administration and enforcement of the law, rules, and regulations affecting workers' compensation.
E. Repealed by Acts 2025, No. 478, §16, eff. Oct. 1, 2025.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1983, 1st Ex. Sess., No. 8, §2; Acts 1983, 1st Ex. Sess., No. 1, §3, eff. July 1, 1983; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1997, No. 1172, §5, eff. June 30, 1997; Acts 2007, No. 113, §2; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2010, No. 939, §4, eff. July 1, 2010; Acts 2025, No. 478, §§10, 16, eff. Oct. 1, 2025.
NOTE: See Acts 2008, No. 743, §§6, 7, and 8, eff. July 1, 2008, relative to severability, to changing of references to the former Dept. of Labor and former La. Workforce Commission, and to legislative intent for continuity of functioning of local workforce investment boards and the executive director's responsibility therefor.
NOTE: See Acts 2010, No. 939, §§12, 14, 16, snd 19, relative to implementation of transfer of programs from the Dept. of Social Services to the La. Workforce Commission.
A. The following agencies are transferred to and hereafter shall be within Louisiana Works, as provided in R.S. 36:802:
(1) Employment Security board of review (R.S. 23:1621 et seq. and particularly R.S. 23:1652).
(2) Louisiana Workers' Compensation Second Injury Board (R.S. 23:1371 et seq.).
(3) Louisiana Workforce Investment Council (R.S. 23:2041 et seq. and 2091 et seq.).
B. The following agencies are transferred to and hereafter shall be within Louisiana Works, as provided in R.S. 36:901 et seq.:
(1) Apprenticeship council (R.S. 23:381 et seq.).
(2) Workers' Compensation Advisory Council (R.S. 23:1294).
C. The following agencies are transferred to and hereafter shall be within Louisiana Works as provided in R.S. 36:803:
(1) Board of Barber Examiners (R.S. 37:341 et seq.).
(2) State Plumbing Board (R.S. 37:1361 et seq.).
D. The powers, duties, functions, and responsibilities relating to Louisiana Rehabilitation Services, R.S. 23:3001 et seq., are hereby transferred to Louisiana Works to be exercised and performed by the secretary, in accordance with the provisions of R.S. 36:921 et seq.
E. The following agencies are transferred to and hereafter shall be within Louisiana Works and shall perform and exercise their powers, duties, functions, and responsibilities as provided by law:
(1) The worker's compensation medical advisory council (R.S. 23:1203.1).
(2) The Blind Vendors Trust Fund Board (R.S. 23:3044).
NOTE: Subsection F eff. Oct. 1, 2027. See Acts 2025, No. 478.
F. The powers, duties, functions, and responsibilities related to the Temporary Assistance for Needy Families (TANF) program, including employment and training programs, are hereby transferred to Louisiana Works to be exercised and performed by the secretary, in accordance with the provisions of Part II of Chapter 22 of this Title, R.S. 36:851 et seq.
Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1980, No. 312, §2; Acts 1981, No. 732, §2; Acts 1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1983, 1st Ex. Sess., No. 1, §§3, 6, eff. July 1, 1983; Acts 1983, 1st Ex. Sess., No. 8, §3; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1990, No. 577, §2, eff. July 19, 1990; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1992, No. 633, §2, eff. Jan. 1, 1993; Acts 1997, No. 1, §6, eff. Aug. 29, 1997; Acts 2006, No. 713, §4, eff. July 1, 2006; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2008, No. 831, §1, eff. July 1, 2008; Acts 2009, No. 438, §15(B); Acts 2010, No. 939, §4, eff. July 1, 2010; Acts 2012, No. 251, §6; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2021, No. 20, §5; Acts 2025, No. 478, §10, eff. Oct. 1, 2025, §11, eff. Oct. 1, 2027.
NOTE: See Acts 2008, No. 743, §§6, 7, and 8, eff. July 1, 2008, relative to severability, to changing of references to the former Dept. of Labor and former La. Workforce Commission, and to legislative intent for continuity of functioning of local workforce investment boards and the executive director's responsibility therefor.
NOTE: See Acts 2010, No. 939, §§12, 14, 16, snd 19, relative to implementation of transfer of programs from the Dept. of Social Services to the La. Workforce Commission.
The secretary of Louisiana Works shall propose, pursuant to the Administrative Procedure Act, an Administrative Code for the department. The Administrative Code shall include all rules and regulations of the department.
Acts 1990, No. 1083, §1, eff. July 31, 1990; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 2008, No. 743, §3, eff. July 1, 2008.
NOTE: See Acts 2008, No. 743, §§6, 7, and 8, eff. July 1, 2008, relative to severability, to changing of references to the former Dept. of Labor and former La. Workforce Commission, and to legislative intent for continuity of functioning of local workforce investment boards and the executive director's responsibility therefor.
Repealed by Acts 2008, No. 743, §5, eff. July 1, 2008.
Repealed by Acts 2008, No. 743, §5, eff. July 1, 2008.
A. The audit and security division of Louisiana Works shall have the authority to investigate and make recommendations to the secretary with respect to any allegation of possible wrongdoing within the department.
B. No person shall be employed by the department for more than forty-five days unless the audit and security division has conducted a criminal records investigation of that person through the Department of Public Safety and Corrections.
Acts 1990, No. 1083, §1, eff. July 31, 1990; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1997, No. 1172, §5, eff. June 30, 1997; Acts 2008, No. 743, §3, eff. July 1, 2008.
NOTE: See Acts 2008, No. 743, §§6, 7, and 8, eff. July 1, 2008, relative to severability, to changing of references to the former Dept. of Labor and former La. Workforce Commission, and to legislative intent for continuity of functioning of local workforce investment boards and the executive director's responsibility therefor.
A. The Department of Conservation and Energy is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.
B. The Department of Conservation and Energy, through its offices and officers, shall be responsible for the conservation, management, and development of water, minerals, and other such natural resources of the state, including coastal management, state water bottom management and permitting, the issuance of energy-related rights of way on state water bottoms and state lands, and energy-related leasing of state water bottoms and state lands as further set forth in law, but not including timber or fish and wildlife and their habitats.
C. The Department of Conservation and Energy shall be composed of the executive office of the secretary, the office of administration, the office of enforcement, the office of energy, the office of permitting and compliance, the office of state resources, and other offices as shall be created by law.
Acts 1983, No. 97, §3, eff. Feb. 1, 1984; Acts 1986, No. 581, §2, eff. July 2, 1986; Acts 1987, No. 736, §1; Acts 1989, No. 282, §2, eff. June 27, 1989; Acts 1989, 2nd Ex. Sess., No. 6, §1, eff. July 14, 1989; Acts 1993, No. 404, §3; Acts 2009, No. 523, §1, eff. July 10, 2009; Acts 2010, No. 734, §2; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2024, No. 727, §1, eff. July 1, 2024; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
NOTE: See Acts 1987, No. 736, §3.
NOTE: See Acts 1989, No. 282, §5.
NOTE: See Acts 1990, No. 601, §§3-5.
NOTE: See Acts 2009, No. 523, §§9 and 10.
A. The Natural Resources Commission is hereby reconstituted within the Department of Conservation and Energy. The commission shall not have authority to grant or deny permits, to take enforcement action, or to take other action which has traditionally been within the sole jurisdiction of the department.
B. The Natural Resources Commission shall be composed of the following individuals, who shall not have the ability to serve by proxy or designee:
(1) The secretary of the Department of Conservation and Energy.
(2) The secretary of Louisiana Economic Development.
(3) The secretary of the Department of Environmental Quality.
(4) The secretary of the Department of Revenue.
(5) The secretary of the Department of Wildlife and Fisheries.
(6) The executive secretary of the Louisiana Public Service Commission.
(7) One individual, appointed by the governor, who shall represent statewide flood control interests. This individual shall be one of the following:
(a) The secretary of the Department of Transportation and Development.
(b) The executive director of the Coordinated Use of Resources for Recreation, Economy, Navigation, and Transportation Authority.
(c) The executive director of the Coastal Protection and Restoration Authority.
(d) The chief resilience officer.
C. The department shall staff the commission and may engage the legislative auditor for reports requested by legislature or commission. The commission shall meet four times per year, preferably quarterly. The commission will facilitate strategic alignment and coordination amongst members. The commission shall coordinate with the legislative auditor to provide investigative oversight to the commission.
D. The commission shall:
(1) Serve as primary coordination body for water management planning, statewide flood protection, and develop a process for its centralization striving for uniformity.
(2) Develop a process in which agencies coordinate intergovernmental responses.
(3) Develop a process in responding to legislative study requests, including their prioritization.
(4) Engage legislative auditor for staffing on matters related to investigation, reporting, and review of the executive branch.
(5) Develop a process to identify, review, receive, clarify and act on matters of agency overlap, including independent agencies and political subdivisions.
E. The commission shall meet on the first Wednesday of March, June, September, and December of each year. In the event of a state declared emergency or holiday, the meeting shall be held on the next working day. The date may be changed by unanimous agreement of the members in writing.
F. The legislature may establish advisory committees to advise the Natural Resources Commission on any matter within the jurisdiction of the commission. Advisory committees shall be established by resolution which, at a minimum, provides for the purpose of the advisory committee, either the membership of the committee or how the members will be appointed, and such other matters as the legislature deems appropriate. An advisory committee established pursuant to this Subsection shall terminate one year after the effective date of the resolution creating it unless a different term is expressly provided in the resolution or the advisory committee is reauthorized by subsequent resolution.
Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
A. The officers of the department shall be the secretary, the undersecretary, the deputy secretary if a deputy secretary is appointed, and directors, each of whom shall be selected and shall perform functions as provided in this Title.
B. No person serving as a secretary, deputy secretary, undersecretary, or director shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices. Any statewide elected official appointed to serve as a secretary, deputy secretary, undersecretary, or director shall not receive any additional salary from the state other than that salary which he receives as a statewide elected official.
C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as a secretary, undersecretary, deputy secretary, or director may receive additional compensation for part-time services rendered as an instructor in post-secondary educational institutions, or as a member of the National Guard.
Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
There shall be a secretary of conservation and energy, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for the position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of the Department of Conservation and Energy and shall have the responsibility for the policies of the department except as otherwise provided by this Title and for the administration, control, and operation of the functions, programs, and affairs of the department, provided that the secretary shall perform his functions under the general control and supervision of the governor. The secretary shall also assume all duties and functions of the commissioner of conservation as set forth in law.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2009, No. 196, §4, eff. July 1, 2009; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, the secretary shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department except as otherwise provided by this Title.
(3) Make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Advise the governor on problems concerning the administration of the department.
(6) Study existing energy policies of the state and formulate plans and advise the governor and the legislature with respect to short and long-term energy policies of the state.
(7) Undertake, or in necessary cases, designate one of the offices within the department or its directors to prepare all necessary studies regarding alternate fuel sources for the state of Louisiana.
(8) Assist the institutions of higher learning in this state desiring to establish programs dealing with the utilization of the natural resources of this state.
(9) Conduct or cause to be conducted public meetings for the purpose of receiving suggestions from the public regarding the energy policy of the state.
(10) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its directors to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.
(11) Make reports and recommendations on his own initiative or upon request by the governor, the legislature, or any committee or member thereof.
(12) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to organization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(13) Contract, if the secretary so desires, or, if the secretary deems necessary, designate one of the offices within the department or its director, under the secretary's supervision, to do so, with private or public research organizations for the purchase, out of funds available to the Department of Conservation and Energy, of services in scientific, economic, and technological research, including but not limited to surveys, studies, and experiments with a view toward protecting and replenishing the natural resources of the state under the jurisdiction of the Department of Conservation and Energy, toward preventing the waste, wasteful use, and wasteful utilization thereof, except as defined in R.S. 30:3, toward preventing the use of the natural resources in such a manner and in such quantities as will threaten with premature exhaustion, extinction, and destruction of the supply of these resources in the state, and toward the energy policy of this state, and to prepare and implement plans and programs in relation thereto.
(14) Prepare an analysis of all potential gas prospects in the state and develop a plan for state owned lands which will promote and encourage the exploration and production of gas from such prospects for use in Louisiana.
(15) Set priorities for program funds as provided in R.S. 30:2483 and declare emergencies pursuant to R.S. 30:6.1.
(16) Review all proposals for the lease or use of state property and resources within the jurisdiction of the department to determine if they meet current policies regarding the development and/or use of such property and resources, periodically review the activities of lessees and users of such property and resources and ascertain if they likewise conform to such current policies, and formulate programs, and take the necessary action through the appropriate office of the department to implement his findings with respect thereto.
(17) Deposit or cause to be deposited in the state treasury receipts from royalties, rentals, and bonuses derived from state lands under mineral leases or any other contract.
(18)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of a report pursuant to Paragraph (11) of this Subsection.
(19)(a) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs relating to the deployment and operation of energy infrastructure in this state in a manner that results in affordable and reliable energy.
(b) Create and carry out a central, comprehensive, and unified energy and natural resources data and information program which will collect, evaluate, assemble, analyze, and disseminate data and information which is relevant to energy and natural resource reserves, energy and natural resource production, demand, and technology, and related economic and statistical information, or which is relevant to the adequacy of energy and natural resources to meet demands for the near and longer term future of the state.
B. The secretary shall have authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801, R.S. 36:803, and R.S. 36:806:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it;
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis, and
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(b) All of the above are to be accomplished in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the Department of Conservation and Energy, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial disapproval, advisory councils, boards, and commissions necessary in the administration of the department or for providing expertise within the department's jurisdiction, except as otherwise provided by law or by executive order.
(3) Employ such officers, agents, employees, and professional personnel, including legal counsel, as he deems necessary for the performance of his powers and duties and prescribe the powers and duties and fix the compensation of such officers, agents, employees, and professional personnel.
(4) Contract upon terms as the secretary may agree upon, for legal, financial, engineering, and other professional services necessary or expedient in the conduct of the affairs of the Department of Conservation and Energy under the provisions of this Chapter.
(5) Utilize the services of the other executive departments in the executive branch of the state government upon mutually agreeable terms and conditions.
(6) Represent, or designate a director to represent, the state in all matters involving or affecting the interest of the state and its residents relative to energy and natural resources within the jurisdiction of the Department of Conservation and Energy before all federal agencies, offices, and officials, and congressional committees, and in all judicial actions arising out of the proceedings of the agencies, offices, and committees or in relation thereto. Those employed or contracted with as provided by this Section shall be entitled to represent the state and the secretary and to appear in the courts and before agencies of this state or the agencies, officials, and courts of the United States and of other states to carry out the purposes of this Chapter.
(7) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(8) Obtain from the federal government and its agencies, the offices of the Department of Conservation and Energy, and other state agencies any information and data collected by the entities relating to energy, natural resources, or the environment, upon mutually agreeable terms and conditions or as required by law; however, information and data subject to nondisclosure under R.S. 44:4 shall maintain that status while in the custody of the secretary.
(9) Formulate and promulgate rules of administration for the department relating to employment and management.
(10) Establish in the department a capacity for policy analysis, development of information and statistics, and generation of economic information relating to the natural resources and environmental affairs of the state.
(11) Delegate to the deputy secretary any and all duties, functions, and authority of the secretary as provided by this Title or other applicable laws.
(12) Delegate his duties and responsibilities to other personnel within the department as necessary for the efficient administration of the department and its programs.
(13) Do such other things not inconsistent with law, as are necessary to perform properly the functions vested in him.
(14) Issue directives, acting through an initiative of the deputy secretary and upon certification by the undersecretary, that establish immediate agency policy effective upon issuance. Such orders shall remain in effect unless and until they are superseded by subsequent directive or subjected to additional administrative rulemaking through the Administrative Procedure Act, including but not limited to the processes for emergency rulemaking or potpourri notices, if and when the secretary deems further formal rulemaking necessary. These directives, which do not constitute "adjudications" within the meaning of federal or state administrative law, shall serve as statements of policy that the department may apply to its programs and operations forthwith.
(15) Establish a formal certification process to recognize academic and research institutions within the state who possess specialized expertise in areas such as energy technologies, natural resources management, environmental stewardship, resource economics, and other strategically significant fields of research and development related to the mission of the department, which may be accomplished through entering into agreements with certified institutions to govern ownership of intellectual property developed through or in conjunction with this program. The secretary shall coordinate with the Natural Resources Commission in developing this process. The secretary may promulgate rules and regulations to implement this program. Unless otherwise specified by the secretary, primary management of this program shall be placed in the office of energy.
C. The provisions of this Chapter are not intended, nor shall they be construed to affect the statutory duties, functions, and responsibilities of the attorney general with respect to the department and the agencies reorganized thereunder as provided by R.S. 30:132, R.S. 41:3, and R.S. 56:1477.
D. The procedures set forth in the Administrative Procedure Act shall be utilized for the adoption, promulgation, amendment, or rescission of rules and regulations authorized in this Section.
E. The secretary or his designee shall perform and exercise the following powers, duties, functions, and responsibilities relative to land, water, and research, all in accordance with law:
(1) Plan and execute an energy research and development program, including but not limited to research necessary to assist the secretary in the formulation of energy plans and policy and the administration and implementation of energy conservation programs, and other energy studies, all in accordance with law. Specifically excluded from these functions are the functions of the secretary as provided in Paragraph (B)(10) of this Section. In implementing these functions the secretary or his designee may conduct a program to disseminate information relating to energy for the citizens of Louisiana whereby they can be advised of methods to conserve energy.
(2) Administer and implement laws relating to the foregoing, including without limitation the laws relative to research and development of solar energy sources, building energy conservation, including the regulation of training, certification, and quality control of home energy raters throughout the state, and energy impacted area assistance; the laws relative to coastal energy impact assistance; the laws relative to power plants and industrial fuel use; the laws relative to the Fishermen's Gear Compensation and Underwater Obstruction Removal Program and the Fishermen's Gear Compensation and Underwater Obstruction Removal Dedicated Fund Account.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1983, No. 705, §1, eff. Sept. 1, 1983; Acts 1983, No. 590, §1, eff. July 14, 1983; Acts 1983, No. 494, §1, eff. Sept 1, 1983; Acts 1986, No. 318, §1; Acts 1987, No. 736, §1; Acts 1989, No. 282, §§2, 6, eff. June 27, 1989; Acts 1995, No. 95, §1, eff. June 12, 1995; Acts 1997, No. 666, §1; Acts 2004, No. 219, §1; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2022, No. 100, §3, eff. July 1, 2023; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2024, No. 727, §1, eff. July 1, 2024; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
A. The purpose of this Section is to streamline and modernize the operations of the department, provide flexibility to the department to respond to changing conditions, and ensure the continuity of effective administration.
B. Where consistent with this Title and other applicable laws, the secretary is hereby authorized to:
(1) Reorganize, consolidate, create, merge, or abolish divisions, offices, bureaus, sections, or other administrative units within the department as deemed necessary for the efficient, economical, and effective performance of its functions.
(2) Delegate any function or duty vested in the secretary by law to any subordinate officer or employee within the department. Delegation may be rescinded by the secretary at any time.
C. The secretary shall follow the following procedures for reorganization under this Section:
(1) Where contemplated reorganization materially affects the procedural rights of the public or substantively changes the department's administrative processes, the secretary shall follow the provisions of the Administrative Procedure Act to implement such changes, but for any provision of this Title.
(2) Where contemplated reorganization is internal, ministerial, or otherwise a minor reorganization that does not materially affect the procedural rights of the public or substantively change the department's administrative processes, the reorganization shall be effective upon a written order by the secretary. Such order shall be filed with the secretary of state and shall also be transmitted to the governor, the House Committee on Natural Resources and Environment, and the Senate Committee on Natural Resources for informational purposes.
D. No provision of this Section shall be construed to limit or circumvent any rights of protections afforded to employees of the department under applicable state civil service rules or any other provisions of law. Any workforce adjustments made pursuant to any reorganization under this Section shall comply with the due process requirements set forth in applicable state civil service rules and law.
E. The secretary shall submit an annual report to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources detailing the nature, purpose, and results of any major reorganization undertaken in the preceding year, including any administrative consolidations, transfers of authority, or delegation changes that materially affect the public's procedural rights or the department's administrative processes.
F. If any provision or item of this Section, or the application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications which can be given effect without the invalid provision or item, and to this end, the provisions of this Section are hereby declared severable.
Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
A. There shall be a deputy secretary of the department, who shall be appointed by the secretary with consent of the Senate and who shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. He shall serve as acting secretary in the absence of the secretary.
B. The deputy secretary shall, in addition to any authorities established elsewhere in law:
(1) Oversee the office of natural resources commission, performing all functions, including the authority to employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of this office and its programs and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws.
(2) Perform other duties as requested or delegated by the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
A.(1) There shall be an undersecretary of the Department of Conservation and Energy, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for the position by the legislature while in session.
(2) The undersecretary shall be directly responsible to and shall perform his functions under the supervision and control of the secretary but for this Subsection, and shall otherwise be vested with the authority provided in the Section.
B. Subject to R.S. 39:1 et seq., the undersecretary shall direct and be responsible for the functions of the office of administration and the Louisiana Natural Resources Trust Authority within the Department of Conservation and Energy. In this capacity, the undersecretary shall be responsible for accounting and budgetary oversight, systems of internal control and financial compliance, procurement and contract management, information technology and data processing, management and program analysis, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Conservation and Energy, except as otherwise specifically provided in this Title. The undersecretary shall employ, appoint, remove, assign, and promote personnel as is necessary for the efficient administration of the office of administration and the Louisiana Natural Resources Trust Authority and the performance of their powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
C.(1) The duties and functions of the office of administration and of the undersecretary shall be as provided in this Section, and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary. The undersecretary shall:
(a) Ensure internal-control mechanisms to safeguard departmental assets and promote compliance with financial, administrative, and regulatory requirements. This responsibility shall include developing and enforcing written policies and procedures for the prevention and detection of fraud, waste, and abuse, as well as for proper budgeting, accounting, and reporting practices.
(b) Coordinate and oversee auditing, both internal and external, to evaluate the department's fiscal integrity and operational compliance. This shall include the authority to:
(i) Initiate or recommend financial, performance, and compliance audits of divisions, programs, or processes within the department.
(ii) Collaborate with the legislative auditor or any external auditor authorized by law, ensuring prompt access to records and cooperation by departmental staff.
(iii) Review and respond to audit findings, develop corrective-action plans, and monitor their implementation to resolve deficiencies.
(c) Regularly report to the secretary on the department's financial status, the results of any internal or external audits, and identified risks or potential areas of concern. In connection therewith, the undersecretary shall recommend policies, practices, or remedial actions necessary to enhance accountability and protect the department's resources.
(d) Have the authority to investigate personnel matters within the department, including allegations of misconduct, inefficiency, or violations of department policies, and to recommend to the secretary appropriate disciplinary action, consistent with civil service laws, rules, and regulations.
(e) Have the authority to utilize the services of contracted third-party firms to assist in the administration and management of the department.
(2) With express permission from the commissioner of administration, this Subsection may be exempt from R.S. 39:1551 et seq.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2024, No. 727, §1, eff. July 1, 2024; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
A. The Louisiana Natural Resources Trust Authority, empowered and governed by the State Mineral and Energy Board pursuant to R.S. 30:121 et seq., possesses the authorities outlined in this Chapter, operating in conjunction with and through the State Bond Commission and the Louisiana Department of Treasury as required by law. The authority shall develop a strategic plan outlining the financial challenges facing energy and natural resources-related projects in the state and the authority's plans and goals in addressing them. The authority may establish an executive committee with delegated responsibilities, excluding interest rate determinations.
B. The authority's powers shall also include the following:
(1) Setting financial obligations of operators or applicants, consistent with the purposes, authorities, and functions of the Department of Conservation and Energy and its officers.
(2) Indemnifying members, officers, and employees against liabilities.
(3) Executing necessary contracts and instruments.
(4) Entering agreements for deductions, payments, and the administration of Paragraph (5) of this Subsection.
(5) Soliciting, accepting, and expending grants.
(6) Bonding, financing, or otherwise acting as a State Energy Financing Institution pursuant to federal law, to fund or assist in funding a plant or facility demonstrating technological advances of new methods and procedures and prototype application for the exploration, development, production, transportation, conversion, and use of energy resources, or other programs which may become available under the Loan Programs Office of the U.S. Department of Energy, or any successor office or agency.
(7) Establishing and administering mechanisms to satisfy financial security requirements in lieu of traditional instruments, including but not limited to the collection and management of cash payments and fees from participating operators.
C. The authority may adopt rules and regulations in accordance with the Administrative Procedure Act for the following purposes:
(1) Establishing residency requirements, participant limits, and account accrual limits.
(2) Regulating substitutions, transfers, or other financial instruments necessary to meet plugging or abandonment obligations.
(3) Setting interest rates with state treasurer approval.
(4) Handling abandoned accounts as provided by law.
(5) Adopting investment guidelines.
(6) Establishing procedures and standards for worthiness of applications.
(7) Establishing fees and other provisions necessary to implement this Chapter.
D. The authority may request that the state treasurer invest funds, or any portion thereof, under the control of the authority in accordance with the provisions of R.S. 33:2955, including the use of the Louisiana Asset Management Pool.
Acts 2024, No. 727, §1, eff. July 1, 2024; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
A. Each office within the Department of Conservation and Energy, except the executive office of the secretary and the office of administration shall be under the immediate supervision and direction of a director who shall be appointed by the secretary and shall be an unclassified employee. The secretary may issue a directive clearly identifying each director and specifically delegating the authority of such director.
B. The secretary shall employ, appoint, remove, assign, and promote from any funding sources authorizing administrative costs such personnel as is necessary for the efficient administration of this Chapter. In addition to any other powers, duties, functions, and responsibilities defined by the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1986, No. 581, §2, eff. July 2, 1986; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2024, No. 727, §1, eff. July 1, 2024; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
A. The purposes for which the offices of the Department of Conservation and Energy are created shall be as set forth in this Section.
B. The office of the executive office of the secretary shall be responsible for assisting the secretary in the exercise of the functions and duties established in law of the secretary. Among the divisions included within the executive office of the secretary shall be the office of the natural resources commission to be headed by the deputy secretary and the office of legal services to be headed by an attorney designated by the secretary.
(1) The office of the natural resources commission may provide any necessary direct support to the natural resources commission. In addition, the office of the natural resources commission shall provide intergovernmental affairs and communications support to the commission and the department.
(2) The office of legal services shall provide general legal support for the department and its offices, including specialized support for state lands, minerals, and water resources, and shall oversee and administer the Saltwater and Oil Assessment Process as set forth in law.
C. The office of administration shall be responsible for accounting and budget control, procurement and contract management, data processing, management and program analysis, information technology and geographic information systems, strategic planning, and personnel management for the department and all of its offices, including the Natural Resources Trust Authority, subject to R.S. 39:1 et seq.
D. The office of permitting and compliance shall perform all permitting and compliance functions within the jurisdiction of the department consistent with law, including Act No. 548 of the 2006 Regular Session of the Legislature.
E. The office of state resources shall:
(1) Perform the functions of the state relating to the lease of or other contracts for the use of lands and water bottoms of the state for the development and production of minerals, oil, and gas, storage, and other energy related activities and supervision of such mineral leases and other agreements, in accordance with the law, including but not restricted to the exercise of the option of the state to receive in kind the portion due to the state as royalty of any minerals produced and severed from leased premises, and shall receive, administer, and control royalties and other storage and energy related payments due to the state in accordance with state law.
(2) Work in cooperation with the Center for Energy Studies to maintain current surface and subsurface geological surveys of the state, or otherwise at the discretion of the secretary or his designee; conduct geological mapping; prepare geological hazards assessments and resource inventories; and conduct process investigations and related studies.
(3) Provide for the administration of state water bottom management, the issuance of mineral, storage, and energy-related rights of way on state water bottoms and state lands, and energy-related leasing of state water bottoms and state lands as further set forth in law, including agreements related to the subsurface and above-ground storage of minerals, gasses, and products on state water bottoms or lands and receipt, administration, and control of payments due to the state under these agreements in accordance with state law. The secretary and the commissioner of administration shall enter into and maintain a memorandum of understanding regarding receipt, administration, and control of these payments to memorialize necessary arrangements associated with funding their respective departments.
(4) Provide for the administration of groundwater, surface water, and other water resources for quantity purposes, unless otherwise designated by the secretary following adequate review set forth by rule.
F. The office of enforcement shall be responsible for the inspection of the regulated community and the enforcement of laws and regulations within the jurisdiction of the department consistent with Act No. 548 of the 2006 Regular Session of the Legislature.
G. The office of energy shall organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs relating to the deployment and operation of alternative energy infrastructure in this state in a manner that results in affordable and reliable energy. The office of energy shall also work in cooperation with the Center for Energy Studies to create and carry out a central, comprehensive, and unified energy data and information program which will collect, evaluate, assemble, analyze, and disseminate data and information which is relevant to energy resource reserves, energy production, demand, and technology, and related economic and statistical information, or which is relevant to the adequacy of energy resources to meet demands in the near and longer term future of the state. The office of energy shall work to provide the department and the Natural Resources Commission with technical assistance and expertise in matters related to energy and natural resources and shall also work to identify policy options relative to energy related matters upon request. Finally, the office of energy shall coordinate with academic and research institutions who possess specialized expertise in areas related to energy and natural resources on behalf of the department.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 449, §3, eff. Jan. 1, 1980; Acts 1982, No. 698, §1; Acts 1983, No. 97, §7, eff. Feb. 1, 1984; Acts 1986, No. 581, §3, eff. July 2, 1986; Acts 1989, 2nd Ex. Sess., No. 6, §1, eff. July 14, 1989; Acts 1995, No. 95, §1, eff. June 12, 1995; Acts 1997, No. 239, §2; Acts 2003, No. 49, §1, eff. July 1, 2003; Acts 2009, No. 523, §1, eff. July 10, 2009; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2024, No. 727, §1, eff. July 1, 2024; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
NOTE: See Acts 2009, No. 523, §§9 and 10, relative to transfer of duties and responsibilities to the Coastal Protection and Restoration Authority.
Studies, research projects, or programs regarding the development and utilization of any agricultural product as a source of fuel or as a fuel extender may be conducted by the Department of Agriculture as provided in R.S. 36:624(A)(8).
Added by Acts 1981, No. 223, §1.
A. The following agencies are transferred to the Department of Conservation and Energy and shall exercise and perform their powers, duties, functions, and responsibilities as provided by law:
(1) Oyster Lease Damage Evaluation Board (R.S. 56:700.10 et seq.).
(2) Advisory committee for the regulation and control of water well drillers (R.S. 38:3098 et seq.).
(3) Water Management Advisory Task Force (R.S. 38:3097.7).
B. The following agencies are transferred to the Department of Conservation and Energy and shall exercise and perform their powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:802:
(1) State Department of Conservation (Article V, Section 18 and Article VI, Section 1(C) of the 1921 Constitution of Louisiana made statutory by Article XIV, Section 16(A)(2) and (3) of the 1974 Constitution of Louisiana; Part I of Chapter 1 of Subtitle I of Title 30 of the Louisiana Revised Statutes of 1950 and other provisions of Title 30 that directly apply to the department). The secretary shall be authorized to employ, appoint, remove, assign, and promote personnel as is necessary for the efficient administration required in making these decisions in accordance with applicable civil service laws, rules, and regulations, and with policies and rules, subject to budgetary control of the Department of Conservation and Energy and applicable laws.
(2) State Mineral and Energy Board (R.S. 30:121 et seq.), except the undersecretary of the Department of Conservation and Energy or his designee shall be an ex officio member of the State Mineral and Energy Board. The State Mineral and Energy Board shall retain the authority to lease for development and production of minerals, oil, and gas any lands belonging to the state, or the title to which is in the public, including road beds, water bottoms, and land adjudicated to the state at tax sale. The State Mineral and Energy Board shall retain supervision of all mineral leases granted by the state, and it shall retain general authority to take action for and on behalf of and to protect the interests of the state in accordance with the provisions of Title 30 of the Louisiana Revised Statutes of 1950, as amended, and applicable laws.
(3) Water Resources Commission (R.S. 38:3097.1 et seq.), except that the commission's powers, duties, functions, and responsibilities are in the nature of policymaking and adjudication. The commission shall continue to exercise all advising powers, duties, functions, and responsibilities provided by law.
(4) Office of the oil spill coordinator (R.S. 30:2451 et seq.).
C. The Oilfield Site Restoration Commission (R.S. 30:80 et seq.) is placed within the Department of Conservation and Energy and shall perform its powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:901 et seq.
D. The Capital Area Groundwater Conservation District (R.S. 38:3071 et seq.) is transferred to the Department of Conservation and Energy and shall perform its powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:851 et seq.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 449, §3, eff. Jan. 1, 1980; Acts 1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1983, No. 97, §7, eff. Feb. 1, 1984; Acts 1983, No. 543, §2; Acts 1983, No. 705, §7, eff. Sept. 1, 1983; Acts 1984, No. 795, §2, eff. July 13, 1984; Acts 1984, No. 514, §3, eff. July 6, 1984; Acts 1986, No. 581, §3, eff. July 2, 1986; Acts 1988, No. 630, §2; Acts 1988, No. 724, §3, eff. July 18, 1988; Acts 1989, No. 282, §6, eff. June 27, 1989; Acts 1992, No. 1067, §2; Acts 1993, No. 404, §3; Acts 1997, No. 181, §2; Acts 1997, No. 1116, §2; Acts 1998, 1st Ex. Sess., No. 3, §2, eff. April 23, 1998; Acts 2003, No. 49, §1, eff. July 1, 2003; Acts 2006, No. 713, §4, eff. July 1, 2006; Acts 2009, No. 196, §4, eff. July 1, 2009; Acts 2010, No. 861, §17; Acts 2011, No. 301, §1; Acts 2012, No. 471, §1; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2018, No. 570, §5, eff. July 1, 2018; Acts 2022, No. 623, §4, eff. July 1, 2022; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2024, No. 727, §1, eff. July 1, 2024; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
A. It is the intent of the legislature to establish a voluntary administrative process to provide an alternative means of resolving disputes arising from activities under the jurisdiction of the Department of Conservation and Energy. This process may be utilized upon mutual agreement of all parties involved as an alternative to any other administrative or judicial processes provided by law.
B. Procedural requirements.
(1) The administrative process shall initiate upon the submission of written requests by all involved parties to the secretary of the Department of Conservation and Energy. The secretary may deny the request at his discretion, but notice of such denial shall be sent to all parties at the addresses provided in the written requests. If the secretary does not deny the request to utilize the administrative process, then the secretary shall forward to all parties an agreement setting forth the details of the process, how the hearing master's costs shall be paid, and other details of the process along with the retired judges list provided for in Paragraph (2) of this Subsection. The administrative process shall not proceed until all parties have signed the agreement and the secretary appoints a hearing officer as set forth in Paragraph (2) of this Subsection.
(2) Upon receipt of the agreement signed by the parties, the secretary shall appoint a hearing master as follows:
(a) Qualified hearing masters shall be retired judges included in the retired judges list maintained by the Louisiana Supreme Court, licensed to practice law in the state, and in good standing with the Louisiana State Bar Association. They shall not have conflicts or relationships that could compromise impartiality, and they shall disclose any potential conflicts upon discovery.
(b) Preference shall be given to retired judges with expertise in administrative law, regulatory compliance, environmental matters, or relevant industry practices. The department may maintain and update a list of preferred candidates meeting these criteria.
(c) The parties shall jointly select a hearing master from the provided list within ten days. If agreement on selecting the hearing officer is not reached within fifteen days, the parties shall alternately strike names from the list until only one candidate remains, who shall be appointed by the secretary, subject to their availability. If unavailable, the process shall be repeated until an appointment is finalized.
C. Scope. The parties may mutually define the scope of matters subject to resolution through this administrative process, provided those matters involve activities that are within the jurisdiction and authority of the department as provided by law.
D. Recordation. The signed agreement to utilize this administrative process shall be recorded in the conveyance records of the parish where the regulated activity or disputed issue occurred. If the activity or issue is located in more than one parish, then the agreement shall be recorded in the conveyance records of all parishes where it is located.
E. Decision and remedies.
(1) The hearing master may grant any appropriate remedy or combination of remedies permissible under applicable law, including but not limited to monetary damages, injunctive relief, or specific performance.
(2) The hearing master shall issue a draft decision and provide copies via certified mail to the parties, the department, the Department of Environmental Quality, and the Department of Wildlife and Fisheries for their review and comments, which shall be provided to the hearing master, other parties, and the department within thirty days. If no comments are submitted, the hearing officer shall issue his decision within fifteen days following the end of the thirty-day comment period. If comments are submitted, the hearing officer shall have thirty days from receipt of the last comment or from the end of the thirty-day comment period, whichever is later, to issue his decision. If a comment is submitted by one of the three departments in which a department states that the draft decision must be revised in order to meet compliance with one of its applicable laws, rules, or regulations, then the hearing officer shall revise the draft decision accordingly prior to issuing his decision.
(3) Any decision issued by the hearing master is final unless a review is requested by any party within thirty days of the issuance of his decision. A review, if requested, shall be conducted en banc by a panel of three hearing masters selected pursuant to the procedure provided pursuant to Paragraph (B)(2) of this Section.
(4) If conducted, the panel shall issue a draft decision and provide copies via certified mail to the parties, the department, the Department of Environmental Quality, and the Department of Wildlife and Fisheries for their review and comments, which shall be provided to the panel, other parties, and all three departments within thirty days of receipt of the draft decision. If no comments are submitted, then the panel shall issue its decision within fifteen days following the end of the thirty-day comment period. If comments are submitted, the panel has thirty days from receipt of the last comment or from the end of the thirty-day comment period, whichever is later, to issue its decision. If a comment is submitted by one of the three departments in which a department states that the draft decision must be revised in order to meet compliance with one of its applicable laws, rules, or regulations, then the panel shall revise the draft decision accordingly prior to issuing its decision. The decision of the panel is final.
F. Publication. All final decisions and the rationale therefor shall be published on the department's website within thirty days of issuance.
G. Preemption. Unless all parties agree otherwise at the time they request the administrative process, any pre-existing and duly recorded contractual agreements or leases governing the relationship between the parties shall supersede this administrative process. A settlement agreed to by the parties after initiation of the administrative process but prior to the final decision of the hearing master shall supersede the administrative process as to the parties to the settlement.
H. Rulemaking authority. The department shall promulgate rules as necessary to implement the provisions of this Section.
Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
NOTE: R.S. 36:600 as enacted by Acts 2025, No. 458 redesignated to R.S. 36:360.
A. The Department of Public Safety and Corrections is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.
B.(1) The Department of Public Safety and Corrections, through its services, offices, and officers, shall have authority generally for the security and physical safety of the citizens and property of Louisiana, the enforcement of laws and regulations pertaining to criminal conduct, the rehabilitation of youthful offenders, automobile and highway safety, motor vehicles and drivers, and fire protection.
(2) It shall also be responsible for the custody of, evaluation of, such rehabilitation programs as the department deems appropriate for, and post-release monitoring of, convicted criminal offenders and adjudicated delinquent youth.
(3) It also shall be responsible for:
(a) Providing diagnostic services to the courts and other correctional authorities for sentence, treatment, and release decisions;
(b) Administering programs to protect persons in its custody and preparing them for release;
(c) Conducting and facilitating research in criminology and penology; and
(d) Operating a probation and parole system, all in accordance with law.
(4) This department shall have responsibility for all penal and correctional institutions of the state.
C.(1)(a) The Department of Public Safety and Corrections shall be composed of the executive office of the secretary, public safety services, corrections services, youth services, and such other offices as shall be created by law.
(b)(i) Public safety services shall include the office of management and finance for public safety services, the office of state police, the office of legal affairs, the office of motor vehicles, the office of state fire marshal, and code enforcement and building safety and shall also include the deputy secretary of public safety services, the assistant secretaries of the offices, and personnel necessary to carry out their functions.
(ii) Corrections services shall include the office of management and finance for corrections services and the office of adult services and shall also include the deputy secretary of corrections services and the assistant secretary of the office of adult services and personnel necessary to carry out their functions.
NOTE: In Item (iii) as enacted by Acts 2004, No. 7, §1, certain references are effective on the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of the Act. See note below.
(iii) Youth services shall include the office of management and finance for youth services and the office of juvenile justice and shall also include the deputy secretary of youth services, the undersecretary for youth services, and the assistant secretary of the office of juvenile justice, and personnel necessary to carry out their functions.
(2) Whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.
D. Repealed by Acts 1988, No. 326, §4, eff. July 7, 1988.
Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 1985, No. 919, §1, eff. July 23, 1985; Acts 1986, No. 752, §2, eff. July 8, 1986; Acts 1987, No. 736, §1; Acts 1988, No. 326, §4, eff. July 7, 1988; Acts 1990, No. 2, §2, eff. July 1, 1990; Acts 1992, No. 297, §3; Acts 1995, No. 1188, §3, eff. June 29, 1995; Acts 1997, No. 1187, §1; Acts 1999, No. 568, §1, eff. June 30, 1999; Acts 1999, No. 1120, §1; Acts 2004, No. 7, §1, eff. May 5, 2004, except see note re §7(B) below; Acts 2008, No. 565, §5; Acts 2009, No. 409, §3, eff. July 1, 2009; Acts 2024, No. 727, §1, eff. July 1, 2024.
NOTE: See Acts 1990, No. 2, §§5-11.
NOTE: See Acts 1995, No. 1188, §6.
NOTE: See Acts 1999, No. 568, §§5 & 7 eff. June 30, 1999, relative to transfer of functions of division of charitable gaming, office of state police, Dept. of Public Safety and Corrections, to office of charitable gaming, Dept. of Revenue, not later than 1/1/2000 and conflicting Acts.
NOTE: Acts 2004, No. 7, §7(B) provides that provisions of the Act relative to the office of management and finance for youth services and relative to the office of management and finance for corrections services shall become effective on the effective date of the creation of the office of management and finance for youth services as provided in the approved transition plan as provided in Section 5 of the Act. References in R.S. 36:401(C)(1) to the office of management and finance for youth services and to the undersecretary for youth services would be subject to this provision.
NOTE: See Acts 2004, No. 7, §§5 and 6 relative to implementation.
A. The officers of the department shall be the secretary, the undersecretary for public safety services, the undersecretary for corrections services, the undersecretary for youth services,* the deputy secretary for public safety services, the deputy secretary for corrections services, the deputy secretary for youth services, and assistant secretaries, each of whom shall be selected and shall perform functions as provided in this Title.
B. No person serving as a secretary, deputy secretary for public safety services, deputy secretary for corrections services, deputy secretary for youth services, undersecretary for public safety services, undersecretary for corrections services, undersecretary for youth services,* or assistant secretary shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices. Any statewide elected official appointed to serve as a secretary, deputy secretary for public safety services, deputy secretary for corrections services, deputy secretary for youth services, undersecretary for public safety services, undersecretary for corrections services, undersecretary for youth services,* or assistant secretary shall not receive any additional salary from the state other than that salary which he receives as a statewide elected official.
C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as a secretary, undersecretary for public safety services, undersecretary for corrections services, undersecretary for youth services,* deputy secretary for public safety services, deputy secretary for corrections services, deputy secretary for youth services, or assistant secretary may receive additional compensation for part-time services rendered as an instructor in postsecondary educational institutions, or as a member of the National Guard.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 2004, No. 7, §1, eff. May 5, 2004, except see note re §7(B) below.
*NOTE: Acts 2004, No. 7, §7(B) provides that provisions of the Act relative to the office of management and finance for youth services and relative to the office of management and finance for corrections services shall become effective on the effective date of the creation of the office of management and finance for youth services as provided in the approved transition plan as provided in Section 5 of the Act. References in this Section to the office of management and finance for youth services and to the undersecretary for youth services would be subject to this provision.
NOTE: See Acts 2004, No. 7, §§5 and 6 relative to implementation.
There shall be a secretary of public safety and corrections who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of the Department of Public Safety and Corrections and shall have the responsibility for the policies of the department except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department; however, the secretary shall perform his functions under the general control and supervision of the governor.
Acts 1983, No. 97, §4, eff. Feb. 1, 1984.
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Advise the governor on problems concerning any administrative or criminal misconduct within state or local government agencies.
(6) Advise the governor on problems concerning the administration of the department.
(7) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant secretary, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions in accordance with applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.
(8) Make reports and recommendations on his own initiative or upon request by the governor, the legislature, or any committee or member thereof.
(9) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(10)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of a report pursuant to Paragraph (8) of this Subsection.
B. The secretary shall have authority to:
(1) Except as otherwise specifically provided in R.S. 36:405, R.S. 36:406, R.S. 36:801, and R.S. 36:803:
(a) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and of each other office of the department and for the performance of their respective powers, duties, functions, and responsibilities, and such other personnel who are not assigned to an office as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.
(b) Employ, assign, and remove all personnel employed for the department on a contractual basis.
(c) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(d) All of the above shall be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the Department of Public Safety and Corrections, and all subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to employment and management.
(5) Exercise the powers, rights, authority, and status provided by law for Louisiana state troopers.
(6) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 1986, No. 820, §1; Acts 1987, No. 736, §1; Acts 1991, No. 108, §1, eff. June 30, 1991; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2.
A.(1) There shall be a deputy secretary for public safety services and a deputy secretary for corrections services. Each shall be appointed by the secretary and serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. Each appointment by the secretary shall be submitted to the Senate for confirmation. The duties and functions of the deputy secretaries provided for in this Subsection shall be determined and assigned by the secretary, except that:
(a) The office of state police shall be under the immediate supervision and direction of the deputy secretary for public safety services.
(b) Public safety services, including the office of state police, the office of legal affairs, the office of motor vehicles, the office of state fire marshal, and code enforcement and building safety and their assistant secretaries shall be under the supervision and direction of the deputy secretary for public safety services. The deputy secretary for public safety services shall be an ex officio member of each board and commission in the Department of Public Safety and Corrections which is related to the functions of public safety services. However, the deputy secretary may appoint a designee to be his representative as an ex officio member of each board and commission which is related to the functions of public safety services.
(c) Corrections services shall be under the supervision and direction of the deputy secretary for corrections services.
(2) The deputy secretary for public safety services shall be selected from the ranks of sworn, commissioned state police officers who have graduated from the state police training academy. The deputy secretary for public safety services shall serve as acting secretary in the absence of the secretary over all functions of the department except corrections services and youth services. The deputy secretary for public safety services shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of public safety services and for the performance of the powers, duties, functions, and responsibilities of public safety services, including any agencies transferred to the department which are related to the functions of public safety services, except as otherwise provided by this Title. The deputy secretary for public safety services shall be solely responsible for employment, assignment, and removal of all personnel employed for public safety services on a contractual basis. The deputy secretary for public safety services shall be solely responsible for the transfer of all personnel within public safety services, and no personnel shall be transferred to or from public safety services to any other office of the department without his prior approval.
(3) The deputy secretary for corrections services shall serve as acting secretary in the absence of the secretary for functions of the department relating to corrections services.
(4) The deputy secretary for public safety services shall exercise the powers, rights, authority, and status provided by law for Louisiana state troopers.
B. Each deputy secretary, except the deputy secretary for youth services, shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
C. In the event of an emergency in any correctional facility under the jurisdiction of corrections services which causes danger to life or property, and in connection with the imposition of the death penalty, the deputy secretary for corrections services may report directly to the governor.
D.(1) There shall be a deputy secretary for youth services. He shall be appointed by the governor and serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The appointment of the deputy secretary for youth services shall be submitted to the Senate for confirmation.
(2) The deputy secretary for youth services shall serve as the chief administrative officer of youth services and shall have responsibility for the overall administration, control, and operation of the affairs of youth services. The deputy secretary for youth services shall exercise all powers and authority granted to him by law subject to the overall direction and control of the governor and he shall report directly to the governor. The duties and functions of the deputy secretary for youth services shall be as provided by law and shall not be subject to change by the department secretary.
(3) Youth services, including the office of juvenile justice and its assistant secretary and the office of management and finance for youth services and its undersecretary*, shall be under the supervision and direction of the deputy secretary for youth services.
(4) The deputy secretary for youth services shall be an ex officio member of each board and commission in the Department of Public Safety and Corrections which is related to the functions of youth services. However, the deputy secretary may appoint a designee to be his representative as an ex officio member of each board and commission which is related to the functions of youth services.
(5) The deputy secretary for youth services shall serve as acting secretary in the absence of the secretary over all functions of the department related to youth services.
(6) The deputy secretary for youth services shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of youth services and for the performance of the powers, duties, functions, and responsibilities of youth services, including the office of juvenile justice and any agencies transferred to the department which are related to the functions of youth services, except as otherwise provided by this Title. The deputy secretary for youth services shall be solely responsible for employment, assignment, and removal of all personnel employed for youth services on a contractual basis. The deputy secretary for youth services shall be solely responsible for the transfer of all personnel within youth services, and no personnel shall be transferred to or from youth services to any other office of the department without his prior approval.
Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 1985, No. 335, §1, eff. July 9, 1985; Acts 1990, No. 2, §2, eff. July 1, 1990; Acts 1992, No. 297, §3; Acts 1995, No. 1188, §3, eff. June 29, 1995; Acts 1997, No. 1187, §1; Acts 1999, No. 174, §1; Acts 1999, No. 1120, §1; Acts 2004, No. 7, §1, eff. May 5, 2004, except see note re §7(B) below; Acts 2008, No. 565, §5; Acts 2009, No. 409, §3, eff. July 1, 2009; Acts 2024, No. 727, §1, eff. July 1, 2024.
NOTE: See Acts 1990, No. 2, §§5-11.
NOTE: See Acts 1995, No. 1188, §6.
*NOTE: Acts 2004, No. 7, §7(B) provides that provisions of the Act relative to the office of management and finance for youth services and relative to the office of management and finance for corrections services shall become effective on the effective date of the creation of the office of management and finance for youth services as provided in the approved transition plan as provided in Section 5 of the Act. References in R.S. 36:405(D)(3) to the office of management and finance for youth services and to the undersecretary for youth services would be subject to this provision.
NOTE: See Acts 2004, No. 7, §§5 and 6, relative to implementation.
NOTE: Subsection A effective until the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of Acts 2004, No. 7. See note below.
A. For the Department of Public Safety and Corrections, there shall be an undersecretary for public safety services and an undersecretary for corrections services. They shall be appointed by the governor with consent of the Senate and shall serve at the pleasure of the governor at a salary fixed by the governor, which salaries shall not exceed the amount approved for such positions by the legislature while in session. The undersecretaries shall be directly responsible to and shall perform their functions under the supervision and control of the secretary.
NOTE: Subsection A as amended by Acts 2004 No. 7, §1, effective on the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of the Act. See note below.
A. For the Department of Public Safety and Corrections, there shall be an undersecretary for public safety services, an undersecretary for corrections services, and an undersecretary for youth services. They shall be appointed by the governor with consent of the Senate and shall serve at the pleasure of the governor at a salary fixed by the governor, which salaries shall not exceed the amount approved for such positions by the legislature while in session. The undersecretaries for public safety services and for corrections services shall be directly responsible to and shall perform their functions under the supervision and control of the secretary. The undersecretary for youth services shall be directly responsible to the deputy secretary for youth services and shall perform his functions under the supervision and control of the deputy secretary for youth services and subject to the provisions of R.S. 36:405(D).
B.(1) The undersecretary for public safety services shall direct and be responsible for the functions of the office of management and finance for public safety services within the Department of Public Safety and Corrections. In such capacity, he shall be responsible for accounting and budget control, procurement and contract management, data processing other than data processing authorized by law to be performed by the office of state police, management and program analysis, personnel management, grants management for public safety services and all of its offices, and for all agencies transferred to the Department of Public Safety and Corrections which are related to the functions of public safety services, except as otherwise specifically provided in this Title.
(2) The undersecretary for corrections services shall direct and be responsible for the functions of the office of management and finance for corrections services within the Department of Public Safety and Corrections. In such capacity, he shall be responsible for accounting and budget control, procurement and contract management, data processing, management and program analysis, personnel management, and grants management for corrections services and all of its offices and for all agencies transferred to the Department of Public Safety and Corrections which are related to the functions of corrections services, except as otherwise specifically provided in this Title.
NOTE: Paragraph (3) effective until the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of Acts 2004, No. 7. See note below.
(3) The deputy secretary for public safety services shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance for public safety services and the performance of its powers, duties, functions, and responsibilities and the secretary shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance for corrections services and the performance of its powers, duties, functions, and responsibilities, all in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws.
NOTE: Paragraphs (3) and (4) as amended by Acts 2004 No. 7, §1, effective on the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of the Act. See note below.
(3) The undersecretary for youth services shall direct and be responsible for the functions of the office of management and finance for youth services within the Department of Public Safety and Corrections. In such capacity, he shall be responsible for accounting and budget control, procurement and contract management, data processing, management and program analysis, personnel management, and grants management for youth services and for all agencies transferred to the Department of Public Safety and Corrections which are related to the functions of youth services, except as otherwise specifically provided in this Title.
(4) The deputy secretary for public safety services shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance for public safety services and the performance of its powers, duties, functions, and responsibilities. The secretary shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance for corrections services and the performance of its powers, duties, functions, and responsibilities, all in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The deputy secretary for youth services shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance for youth services and the performance of its powers, duties, functions, and responsibilities, all in accordance with applicable civil service laws, rules, and regulations, all subject to budgetary control and applicable laws. Except as provided in R.S. 36:405(D) and Subsection A of this Section, each undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
NOTE: Subsection C effective until the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of Acts 2004, No. 7. See note below.
C. The duties and functions of the offices of management and finance and of the undersecretaries shall be as provided in this Section, and these duties and functions shall not be subject to change by the secretary, except that the undersecretaries shall perform such additional duties and functions as are assigned by the secretary.
NOTE: Subsection C as amended by Acts 2004 No. 7, §1, effective on the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of the Act. See note below.
C. The duties and functions of the offices of management and finance and of the undersecretaries shall be as provided in this Section, and these duties and functions shall not be subject to change by the secretary, except that the undersecretaries for public safety services and for corrections services shall perform such additional duties and functions as are assigned by the secretary, and the undersecretary for youth services shall perform such additional duties and functions as are assigned by the deputy secretary for youth services.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 2004, No. 7, §1, eff. May 5, 2004.
NOTE: Acts 2004, No. 7, Section 7(B) provides that provisions of the Act relative to the office of management and finance for youth services and relative to the office of management and finance for corrections services shall become effective on the effective date of the creation of the office of management and finance for youth services as provided in the approved transition plan as provided in Section 5 of the Act. Provisions of R.S. 36:406(A), (B)(3) and (4), and (C) as contained in Acts 2004, No. 7, will be effective as provided in Section 7(B).
NOTE: See Acts 2004, No. 7, §§5 and 6, relative to implementation.
A. Each office within the Department of Public Safety and Corrections, except the offices of management and finance and the office of state police, shall be under the immediate supervision and direction of an assistant secretary who shall be appointed by the governor with consent of the Senate. Each shall serve at the pleasure of the governor and shall be paid a salary which shall be fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session.
B. Except as otherwise expressly provided in this Title and except for the offices within youth services, the duties and functions of each office and its assistant secretary shall be determined by the secretary, and all of such duties and functions shall be exercised under the direct supervision and control of the secretary. The exercise of the duties and functions of the offices of public safety services and their assistant secretaries shall be under the supervision of the deputy secretary for public safety services. The duties and functions of the office of juvenile justice and its assistant secretary shall be as provided in this Chapter and as determined by the deputy secretary for youth services. The exercise of the duties and functions of youth services and its offices and officers shall be under the supervision of the deputy secretary for youth services.
C. Except as otherwise provided in this Chapter, each assistant secretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 2004, No. 7, §1, eff. May 5, 2004; Acts 2008, No. 565, §5.
NOTE: See Acts 2004, No. 7, §§5 and 6, relative to implementation.
A. The purposes for which the offices of the Department of Public Safety and Corrections are created shall be as set forth in this Section.
B.(1) The office of state police shall perform the functions of the state related to the enforcement of the criminal and traffic laws of the state, and the maintenance of intelligence and investigative operations, all in accordance with applicable laws. It shall also provide a basic training curriculum in security work for all security personnel employed at the capitol complex, administrative state office buildings, and state hospitals and may provide, upon request, such training for security personnel in other state operated facilities, except for state colleges and universities. It shall be responsible only for such data processing related to the operations of the office as shall be absolutely required to be performed in such office by the nationally applicable standards of the National Crime Information Center and the Louisiana Bureau of Criminal Identification and Information.
(2) Repealed by Acts 1999, No. 1257, §6, eff. June 30, 1999.
(3) Within the office of state police there shall be a Weights and Standards Mobile Police Force which shall perform the functions of the state related to the enforcement of R.S. 32:380 through 388.1 and 390 and R.S. 47:718, and the provisions of Chapter 4 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 relating to trucks, trailers, and semi-trailers and Part V of Chapter 7 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 and the department's regulations adopted pursuant thereto.
C. The office of motor vehicles shall perform the functions of the state relative to the examination and licensing of drivers of motor vehicles within the state, the suspension and revocation of such licenses, the approval of driver education programs, issuance of vehicle title and registration certificates, recordation of liens against motor vehicles, and the collection of appropriate fees and motor vehicle sales tax, all in accordance with applicable laws.
D.(1) The office of state fire marshal, code enforcement and building safety, shall perform generally the functions of the state relating to the protection of life and property from the hazards of fire and of panic which may arise from fire or from the threat of fire or explosion, including but not necessarily restricted to:
(a) Supervision and enforcement of safety standards and inspection.
(b) Arrest of individuals suspected of violations of criminal laws specified in R.S. 40:1563.1.
(c) Examination of the circumstances surrounding fires of suspicious origin, and maintenance of records and reports on fires in this state.
(d) Exclusive power to investigate and to make and prescribe rules and regulations for the proper construction, installation, repair, use, operation, and safety of boilers in the state, the city of New Orleans excepted, and to issue general or special orders for the enforcement of such rules and regulations as well as any provision of law affecting boilers. The rules and regulations so formulated shall conform as nearly as practicable to the boiler construction code of the American Society of Mechanical Engineers, all as specified in R.S. 23:531 through 542.
(e) Examination and certification of boiler inspector examiners.
(2) The office of the state fire marshal shall be responsible for the functions of the state relating to manufactured housing, subject to the provisions of R.S. 36:409(J).
E. The office of legal affairs shall be responsible, in accordance with applicable laws and under the direction of the deputy secretary, for providing legal consultation and representation to the other offices within public safety services. The assistant secretary for the office of legal affairs shall be an attorney licensed to practice law in the state of Louisiana who has at least five years experience in the active practice of law. The assistant secretary cannot act on behalf of the agency on any matters for which representation has been designated to another state agency.
F. Repealed by Acts 1990, No. 2, §4, eff. July 1, 1990.
G.(1) The office of adult services shall perform functions of the state relating to correctional institutions, work release programs, and the probation and parole programs for adults and children transferred to adult facilities of the department in accordance with the Children's Code, including functions relating to the operation and maintenance of the Louisiana Correctional Institute for Women, Louisiana State Penitentiary, Louisiana Correctional and Industrial School, Elayn Hunt Correctional Center, Dixon Correctional Institute, Work Training Facility North, Washington Correctional Institute, Wade Correctional Center, and such other adult correctional institutions as may be created.
(2) In addition, it shall perform functions relating to the establishment and administration of a work release program for inmates of institutions under its jurisdiction, of a probation and parole system for inmates at adult institutions, and of a diagnostic and treatment center, which may consist of one or more branches, to undertake medical, educational, psychiatric, and social studies of persons committed to facilities under the jurisdiction of the office, all in accordance with applicable laws.
H.(1) The office of juvenile justice shall, in accordance with law, have responsibility for the care, custody, security, and treatment of children adjudicated delinquent and children of families adjudicated in need of services committed to the custody of or placed under the supervision of the office of juvenile justice or of youth services pursuant to the Children's Code except as otherwise provided by law.
(2) The office shall provide:
(a) Evaluation and diagnostic services for children adjudicated delinquent and children of families adjudicated in need of services.
(b) Community placement services for children adjudicated delinquent and children of families adjudicated in need of services and disposed to the custody of youth services or the office of juvenile justice.
(c) Alternative services in lieu of out-of-home placement for children adjudicated delinquent and children of families adjudicated in need of services and disposed to the custody or supervision of youth services or the office of juvenile justice and for their families.
(d) Treatment services in secure custody facilities for children adjudicated delinquent disposed to the custody of youth services or the office of juvenile justice and who, as determined by the office of juvenile justice require this restrictive level of care and custody.
(e) Probation, parole, and other programs of supervision for children adjudicated delinquent and children of families adjudicated in need of services.
(f) Community services directed at prevention of juvenile delinquency, intake screening, and diversion as deemed appropriate by the office of juvenile justice.
(3) The office shall participate in programs for the purchase of care and treatment of children taken into custody under the provisions of the Children's Code pending adjudication, disposition, placement, or any or all of the above.
I. Repealed by Acts 2024, No. 727, §2, eff. July 1, 2024.
Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 136, §1; Acts 1979, No. 722, §2, eff. July 1, 1980; Acts 1981, No. 449, §2, eff. July 1, 1981; Acts 1983, 1st Ex. Sess., No. 8, §2; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1988, No. 607, §1, eff. July 14, 1988. Acts 1984, No. 567, §1, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1986, No. 332, §1; Acts 1986, No. 752, §2, eff. July 8, 1986; Acts 1987, No. 613, §1; Acts 1988, No. 607, §1, eff. July 14, 1988; Acts 1990, No. 2, §4, eff. July 1, 1990; Acts 1991, No. 467, §1; Acts 1995, No. 320, §2, eff. June 16, 1995; Acts 1995, No. 914, §2, eff. June 28, 1995; Acts 1995, No. 1188, §5, eff. June 29, 1995; Acts 1997, No. 1186, §2; Acts 1997, No. 1187, §1; Acts 1999, No. 1120, §1; Acts 1999, No. 1257, §6, eff. June 30, 1999; Acts 2004, No. 7, §1, eff. May 5, 2004; Acts 2008, No. 565, §5; Acts 2008, No. 831, §1, eff. July 1, 2008; Acts 2009, No. 409, §3, eff. July 1, 2009; Acts 2010, No. 320, §2, eff. July 1, 2010; Acts 2012, No. 811, §17, eff. July 1, 2012; Acts 2021, No. 384, §§2, 5, eff. July 1, 2022; Acts 2024, No. 727, §2, eff. July 1, 2024.
A. The following agencies are placed within the Department of Public Safety and Corrections and shall exercise and perform their powers, duties, functions, and responsibilities as provided by law:
(1) Reentry Advisory Council (R.S. 15:1199.4).
(2) Task force to develop and implement an electronic media system for lien recordation and motor vehicle title information (R.S. 32:707.2).
(3) Repealed by Acts 2025, No. 120, §3.
B. The Louisiana Highway Safety Commission (R.S. 48:1351 et seq.) is transferred to the Department of Public Safety and Corrections and hereafter shall perform and exercise its powers, duties, functions, and responsibilities as provided in R.S. 36:801.
C. The following agencies are transferred to and hereafter shall be within the Department of Public Safety and Corrections, as provided in R.S. 36:802:
(1) Fire Prevention Board of Review (R.S. 40:1578.1 et seq.).
(2) Fireman's Supplemental Pay Board (R.S. 40:1666.5 et seq.).
(3) Board of Review for extra compensation for municipal police officers (R.S. 40:1667.6).
(4) Committee on Parole ( R.S. 15:574.2 et seq.; R.S. 46:1651 et seq.).
(5) Board of Pardons (Article IV, Section 5(E) of the Constitution of Louisiana; R.S. 15:572 et seq.).
(6) Volunteer Firefighters' Tuition Reimbursement Board (R.S. 40:1558.1 et seq.).
(7) Weights and Standards Police Force (mobile units only) (R.S. 40:1379.8). The Weights and Standards Police Force shall perform the functions of the state related to the enforcement of R.S. 32:380 through 388, 388.1, and 390, and R.S. 47:718, and the provisions of Chapter 4 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 relating to trucks, trailers, and semi-trailers and Part V of Chapter 7 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 and the department's regulations adopted pursuant thereto.
(8) Repealed by Acts 2024, No. 727, §2, eff. July 1, 2024.
(9) Liquefied Petroleum Gas Commission (Article VI, Section 28 of the 1921 Constitution of Louisiana made statutory by Article XIV, Section 16(A)(3) of the 1974 Constitution of Louisiana; R.S. 40:1841 et seq. and 1911 et seq.), except that any director or assistant director of the agency or similar personnel authorized by law shall continue to be appointed as otherwise provided by law.
D. The following agencies are placed within the Department of Public Safety and Corrections and shall exercise and perform their powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:803:
(1) Louisiana State Board of Private Security Examiners (R.S. 37:3270 et seq.).
(2) Louisiana State Board of Private Investigator Examiners (R.S. 37:3501 et seq.).
E. The following agencies are placed within the Department of Public Safety and Corrections and shall exercise and perform their powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:901 et seq.:
(1) Louisiana Medical Advisory Board (R.S. 40:1351 et seq.).
(2) Prison Enterprises Board (R.S. 15:1151 et seq.).
(3) Advisory board to the Liquefied Petroleum Gas Commission (R.S. 40:1851(F)).
(4) Louisiana Life Safety and Property Protection Education Board (R.S. 40:1664.1 et seq.), except that the board shall advise the state fire marshal with respect to administration and enforcement of R.S. 40:1664.1 et seq. and shall retain the authority to approve acceptable equivalents for meeting certain licensure requirements and to establish continuing education requirements as further provided for in R.S. 40:1664.11.
F. The following agencies are hereby abolished and their powers, duties, functions, and responsibilities are transferred to the secretary of the Department of Public Safety and Corrections and hereafter shall be exercised and performed as provided in R.S. 36:921 et seq.:
(1) Department of Public Safety (Chapter 6 of Title 40 of the Louisiana Revised Statutes of 1950 and other statutes that directly apply to said department)
(2) State Fire Marshal (Part III of Chapter 7 of Title 40 of the Louisiana Revised Statutes of 1950 and other statutes that directly apply to the state fire marshal)
(3) The Interagency Recreation Board (R.S. 40:2501 et seq.; R.S. 41:1081 et seq.)
(4) Louisiana Criminal Justice Information System (R.S. 15:575 et seq.)
(5) Louisiana State Board of Boiler Inspector Examiners (R.S. 23:41 et seq.)
(6) The Department of Corrections (R.S. 15:821 et seq. and other provisions of Title 15 of the Louisiana Revised Statutes of 1950 that directly apply to said department)
G. The Louisiana Manufactured Housing Commission (R.S. 51:911.21 et seq.) is placed within the office of the state fire marshal of the Department of Public Safety and Corrections and shall perform and exercise its powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:803, except that the commission shall continue to appoint its own director as otherwise authorized by law.
H. The Emergency Response Commission (R.S. 30:2361 et seq.) is placed within public safety services of the Department of Public Safety and Corrections and shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.
I.(1) The Louisiana Gaming Control Board (R.S. 27:1 et seq.) is placed within the Department of Public Safety and Corrections and shall exercise and perform its powers, duties, functions, and responsibilities as provided for agencies transferred in accordance with the provisions of R.S. 36:801.1.
(2) The Louisiana Gaming Control Board Hearing Office (R.S. 27:25), a division of the Louisiana Gaming Control Board, is placed within the Department of Public Safety and Corrections, as provided in R.S. 27:25.
J. The Louisiana Truck Center (R.S. 32:390.21 et seq.) is placed within the Department of Public Safety and Corrections as provided in R.S. 36:851.
K-R. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 722, §§3, 4, eff. July 1, 1980; Acts 1981, No. 799, §2; Acts 1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1982, No. 565, §2, eff. July 22, 1982; Acts 1983, 1st Ex. Sess., No. 8, §2; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 505, §2, eff. Jan. 1, 1985; Acts 1984, No. 567, §5, eff. Jan. 1, 1985; Acts 1984, No. 844, §4, eff. July 13, 1984; Acts 1985, No. 435, §2, eff. July 11, 1985; Acts 1985, No. 925, §3; Acts 1985, No. 965, §2; Acts 1987, No. 243, §1; Acts 1987, No. 613, §1; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1990, No. 2, §4, eff. July 1, 1990; Acts 1990, No. 906, §1; Acts 1991, No. 753, §3, eff. July 18, 1991; Acts 1991, No. 809, §2, eff. July 22, 1991; Acts 1992, No. 245, §1; Acts 1995, No. 1054, §1, eff. Aug. 1, 1995; Acts 1995, No. 1150, §2; Acts 1996, 1st Ex. Sess., No. 7, §2, eff. May 1, 1996; Acts 1997, No. 273, §2; Acts 1997, No. 1116, §2; Acts 1997, No. 1186, §2; Acts 1997, No. 1503, §1; Acts 1999, No. 1148, §1; Acts 2001, No. 1185, §8, eff. July 1, 2001; Acts 2005, No. 428, §§1, 3, eff. July 1, 2005; Acts 2006, No. 307, §1, eff. Jan. 1, 2007; Acts 2008, No. 831, §1, eff. July 1, 2008; Acts 2009, No. 409, §3, eff. July 1, 2009; Acts 2010, No. 320, §2, eff. July 1, 2010; Acts 2010, No. 861, §§17, 22; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2013, No. 310, §1; Acts 2014, No. 158, §§3 and 7; Acts 2021, No. 384, §§2, 5, eff. July 1, 2022; Acts 2022, No. 623, §§4, 9, eff. July 1, 2022; Acts 2024, No. 727, §2, eff. July 1, 2024; Acts 2025, No. 120, §3.
A. The Department of Revenue is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.
B. The Department of Revenue, through its offices and officers, shall be responsible for assessing, evaluating, and collecting the consumer, producer, and any other state taxes specifically assigned by law to the department, and shall have authority generally for alcoholic beverage control and the regulation of charitable gaming.
C. The Department of Revenue shall be composed of the executive office of the secretary, the office of management and finance, the office of tax administration, group I, the office of tax administration, group II, the office of tax administration, group III, the office of alcohol and tobacco control, the office of legal affairs, the office of charitable gaming, the office of debt recovery, and such other offices as shall be created by law. Whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute; provided that, whenever the secretary deems necessary, he may reassign the responsibility for the collection of a specific tax from one office to another office.
Acts 1976, No. 513, §1; Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1987, No. 736, §1; Acts 1995, No. 1188, §3, eff. June 29, 1995; Acts 1997, No. 283, §1, eff. June 17, 1997; Acts 1997, No. 658, §1, eff. July 7, 1997; Acts 1997, No. 1370, §4, eff. Oct. 1, 1997; Acts 1999, No. 568, §1, eff. June 30, 1999; Acts 2013, No. 399, §2, eff. June 17, 2013.
{{NOTE: SEE ACTS 1987, NO. 736, §3.}}
{{NOTE: SEE ACTS 1987, NO. 7.}}
{{NOTE: SEE ACTS 1995, NO. 1188, §6.}}
NOTE: See Acts 1999, No. 568, §§5 & 7 eff. June 30, 1999, relative to transfer of functions of division of charitable gaming, office of state police, Dept. of Public Safety and Corrections, to office of charitable gaming, Dept. of Revenue, not later than 1/1/2000 and conflicting Acts.
A. The officers of the department shall be the secretary, the undersecretary, the deputy secretary if a deputy secretary is appointed, and assistant secretaries, each of whom shall be selected and shall perform functions as provided in this Title.
B. No person serving as a secretary, deputy secretary, undersecretary, or assistant secretary shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices. Any statewide elected official appointed to serve as a secretary, deputy secretary, undersecretary, or assistant secretary shall not receive any additional salary from the state other than that salary which he receives as a statewide elected official.
C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as a secretary, undersecretary, deputy secretary, or assistant secretary may receive additional compensation for part-time services rendered as an instructor in post-secondary educational institutions, or as a member of the National Guard.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
There shall be a secretary of the Department of Revenue, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of the Department of Revenue and shall have the responsibility for the policies of the department except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department; provided that the secretary shall perform his functions under the general control and supervision of the governor.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1997, No. 658, §1, eff. July 7, 1997.
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Advise the governor on problems concerning the administration of the department.
(6) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant secretary, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.
(7) Make and publish an annual report to the governor and the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department and make other reports and recommendations on his own initiative or upon request of the governor, the legislature, or any committee or member thereof.
(8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (7) of this Subsection.
B. The secretary shall have authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and R.S. 36:803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department, and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it;
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis, and
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(b) All of the above are to be accomplished in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the Department of Revenue, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department, and take such actions as are necessary to comply with conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to employment and management.
(5) Do such other things not inconsistent with law, as are necessary to perform properly the functions vested in him.
C. The secretary and agents of the office of charitable gaming are authorized to have direct access by means of computer interfacing to criminal history records maintained by the office of state police, Department of Public Safety and Corrections, for the purpose of issuing, denying, suspending, revoking, or conditioning a charitable gaming license or for any other action necessary with respect to a charitable gaming license.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1987, No. 736, §1; Acts 1997, No. 658, §1, eff. July 7, 1997; Acts 1999, No. 568, §1, eff. June 30, 1999; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2.
There may be a deputy secretary of the department, who shall be appointed by the secretary with consent of the Senate and who shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the deputy secretary shall be determined and assigned by the secretary. If appointed, he shall serve as acting secretary in the absence of the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. There shall be an undersecretary of the Department of Revenue, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The undersecretary shall be directly responsible to and shall perform his functions under the supervision and control of the secretary.
B. The undersecretary shall direct and be responsible for the functions of the office of management and finance within the Department of Revenue. In such capacity, he shall be responsible for accounting and budget control, procurement and contract management, data processing, management and program analysis, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Revenue, except as otherwise specifically provided in this Title. He shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
C. The duties and functions of the office of management and finance and of the undersecretary shall be as provided in this Section, and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1997, No. 658, §1, eff. July 7, 1997.
A. Each office within the Department of Revenue, except the office of management and finance, shall be under the immediate supervision and direction of an assistant secretary, who shall be appointed by the governor with consent of the Senate. Each shall serve at the pleasure of the governor and shall be paid a salary which shall be fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session.
B. Except as otherwise expressly provided in this Title, the duties and functions of each office and its assistant secretary shall be determined by the secretary, and all of such duties and functions shall be exercised under the direct supervision and control of the secretary.
C. Except as otherwise provided in R.S. 36:801, each assistant secretary shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of his office and its programs and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws.
D. Each assistant secretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1997, No. 658, §1, eff. July 7, 1997.
A. The purposes for which the offices in the Department of Revenue are created shall be as set forth in this Section.
B. The office of tax administration, group I, shall be responsible, in accordance with applicable laws and under the direction of the secretary, for the administration, and assessment of the individual income tax, sales taxes, the tax-return processing and post-processing operations, and the centralized tax assessment and collection functions for the taxes imposed by law in the state of Louisiana and matters related thereto. Whenever the secretary deems necessary, he may reassign the responsibility for the collection of a tax or other duty assigned by this Subsection to this office to another office within the department created by this Section.
C. The office of tax administration, group II, shall be responsible, in accordance with the applicable laws and under the direction of the secretary, for the administration and collection of corporation income and franchise taxes, excise taxes, and severance taxes imposed by law in the state of Louisiana and matters related thereto. In addition, the office of tax administration, group II, shall be responsible for the review of field audits and the research and technical functions of the Department of Revenue. Whenever the secretary deems necessary, he may reassign the responsibility for the collection of a tax or other duty assigned by this Subsection to this office to another office within the department created by this Section.
D. The office of tax administration, group III, shall be responsible in accordance with the applicable laws and under the direction of the secretary, for the supervision, direction, and control of the field-collection and field-audit functions in the headquarter's office and various district and regional offices of the Department of Revenue. Whenever the secretary deems necessary, he may reassign the responsibility for the collection of a tax or other duty assigned by this Subsection to this office to another office within the department created by this Section.
E. The office of alcohol and tobacco control shall perform in accordance with the applicable laws and under the direction of the secretary, the functions of the state relating to the regulation of the sale of alcoholic beverages in the state, including certification of persons eligible for the issuance and renewal of permits required by law for persons engaging in the business of dealing in beverages of high or low alcoholic content, and the administration of the law relating to alcoholic beverages and their sale. Whenever the secretary deems necessary, he may reassign the responsibility for the collection of a tax or other duty assigned by this Subsection to this office to another office within the department created by this Section.
F. The office of legal affairs shall be responsible, in accordance with the applicable laws and under the direction of the secretary, for providing legal consultation and representation in tax litigation matters before the state and federal courts and the Board of Tax Appeals, bankruptcy cases in the federal bankruptcy courts, and any matters related thereto. Whenever the secretary deems necessary, he may reassign the responsibility for the collection of a tax or other duty assigned by this Subsection to this office to another office within the department created by this Section.
G. The office of charitable gaming shall perform generally the functions of the state relating to the regulation of charitable gaming in the state, including the issuance and renewal of licenses required by law for organizations conducting games of chance pursuant to the Charitable Raffles, Bingo and Keno Licensing Law, for manufacturers or distributors of supplies or equipment for such games, and for commercial lessors of premises on which such games are conducted. The office shall be responsible for the administration of the law relating to charitable gaming.
H. The office of debt recovery shall be responsible for, in accordance with applicable laws and under the direction of the secretary, the collection of a tax and may be responsible for the collection of certain delinquent debts, accounts, or claims due on behalf of other state agencies. Whenever the secretary deems necessary, he may reassign the responsibility for the collection of a tax, account, claims due, or other duty assigned by this Subsection to this office to another office within the department created by this Section.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1995, No. 1188, §3, eff. June 29, 1995; Acts 1997, No. 283, §1, eff. June 17, 1997; Acts 1997, No. 658, §1, eff. July 7, 1997; Acts 1997, No. 1370, §4, eff. Oct. 1, 1997; Acts 1999, No. 568, §1, eff. June 30, 1999; Acts 2013, No. 399, §2, eff. June 17, 2013.
{{NOTE: SEE ACTS 1995, NO. 1188, §6.}}
NOTE: See Acts 1999, No. 568, §§5 & 7 eff. June 30, 1999, relative to transfer of functions of division of charitable gaming, office of state police, Dept. of Public Safety and Corrections, to office of charitable gaming, Dept. of Revenue, not later than 1/1/2000 and conflicting Acts.
A. The Louisiana Sales and Use Tax Commission for Remote Sellers is placed within the Department of Revenue and shall exercise and perform its powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:801.1. The secretary and the Department of Revenue shall in no way interfere with, review, or change the decisions or operations of the agency so placed.
B. Public administrators for all parishes appointed pursuant to R.S. 9:1581 (R.S. 9:1581 et seq. and other provisions of Title 9 of the Louisiana Revised Statutes of 1950 that apply to such administrators) shall be transferred to and hereafter shall be within the Department of Revenue, as provided in R.S. 36:802.
C. The Department of Revenue (R.S. 47:1501 et seq. and other provisions of Title 47 of the Louisiana Revised Statutes of 1950 applicable to the former department) is hereby abolished and its powers, duties, functions, and responsibilities are transferred to the secretary of the Department of Revenue and hereafter shall be exercised and performed as provided in (R.S. 36:921 et seq.).
D. The Louisiana Tax Free Shopping Commission (R.S. 51:1301 et seq.) is placed within the Department of Revenue and shall exercise and perform its powers, duties, functions, and responsibilities as provided for agencies transferred in accordance with the provisions of R.S. 36:802, except that the agency shall appoint its own director and assistant director.
E. The office of alcoholic beverage control is hereby abolished and its powers, duties, functions, employees, and responsibilities are transferred to the office of alcohol and tobacco control, Department of Revenue, as provided in R.S. 36:921 et seq.
F.(1) The division of charitable gaming control, office of state police, Department of Public Safety and Corrections, is hereby abolished.
(2) Except as otherwise provided in this Subsection, the powers, duties, functions, responsibilities, programs, and operations of the division of charitable gaming control, office of state police, Department of Public Safety and Corrections, are hereby transferred to the office of charitable gaming, Department of Revenue, as provided in R.S. 36:921 et seq.
(3) Employees of the division of charitable gaming control, office of state police, Department of Public Safety and Corrections, who are commissioned law enforcement officers, shall not be transferred under the provisions of R.S. 36:927, but shall remain with the office of state police, Department of Public Safety and Corrections. Notwithstanding the provisions of R.S. 36:927, the transfer of all other employees from the division of charitable gaming control, office of state police, Department of Public Safety and Corrections, to the office of charitable gaming, Department of Revenue, shall be at the discretion of the secretary of the Department of Revenue. All employees transferred from the division of charitable gaming control, office of state police, Department of Public Safety and Corrections, to the office of charitable gaming, Department of Revenue, shall insofar as practicable and necessary continue to perform duties heretofore assigned, subject to applicable state civil service laws, rules, and regulations.
G. The Uniform Electronic Local Return and Remittance Advisory Committee (R.S. 47:337.23) is placed within the Department of Revenue and shall exercise and perform its powers, duties, functions, and responsibilities as provided for agencies transferred in accordance with the provisions of R.S. 36:901.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1988, No. 535, §2, eff. July 8, 1988; Acts 1995, No. 1188, §3, eff. June 29, 1995; Acts 1997, No. 658, §1, eff. July 7, 1997; Acts 1997, No. 1370, §4, eff. Oct. 1, 1997; Acts 1999, No. 568, §1, eff. June 30, 1999; Acts 2003, No. 73, §2, eff. July 1, 2003; Acts 2010, No. 573, §2, eff. July 1, 2010; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2013, No. 184, §6(B); Acts 2017, No. 274, §1, eff. June 16, 2017; Acts 2022, No. 623, §4, eff. July 1, 2022.
NOTE: (Subsection E, Tax Free Shopping Commission) Acts 1988, No. 535, §3, eff. July 8, 1988, provided for a termination date of July 1, 1992. Acts 1992, No. 285, §2, amended Acts 1988, No. 535, §3, extending the termination date to July 1, 1997; Acts 1997, No. 285, §2, extended the termination date to July 1, 1999; Acts 1998, No. 50, §1, extended the termination date to July 1, 2001; Acts 2006, No. 76, extended the termination date to July 1, 2009; Acts 2008, No. 232, §1, extended the date to July 1, 2013; Acts 2012, No. 435, §1, extended the termination date to July 1, 2017. Acts 2017, No. 318, §2, removed the termination date of Act 1988, No. 535, as amended and §1 extended the La. Tax Free Shopping Program established in Ch. 10 of Title 51 (see R.S. 51:1301 et seq.) to July 1, 2023.
NOTE: See Acts 2013, No. 184, §17, relative to property and funds of entities abolished by the Act.
A. The Department of Children and Family Services is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge where it shall maintain its principal offices, but the secretary may maintain branch offices if he deems it in the best interest of the efficient administration of the department.
NOTE: Subsection B eff. until Oct. 1, 2027. See Acts 2025, No. 477.
B. The Department of Children and Family Services, through its office and officers, shall be responsible for the development and providing of social services and the improvement of social conditions for the citizens of Louisiana.
NOTE: Subsection B eff. Oct. 1, 2027. See Acts 2025, No. 477.
B.(1) The department declares that every child deserves to be safe, stability is the foundation for success, and strong families create strong communities.
(2) It is the mission of the department to protect children, empower families, and strengthen communities so every child grows up safe, stable, and strong. The department envisions a future where every child thrives in a safe, stable, and loving environment, supported by empowered families and resilient communities.
(3) To accomplish the mission and vision set forth, the department declares the following:
(a) It will take accountability and be committed to transparency, action, and results.
(b) It will prioritize connections to bridge gaps between services, agencies, and in communities to bring the right people together for real solutions.
(c) It will develop every employee by ensuring they have the tools and support required to reach their highest potential.
NOTE: Paragraph (C)(1) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
C.(1) The Department of Children and Family Services shall be composed of the office of children and family services, and such other offices as shall be created by law.
NOTE: Paragraph (C)(1) eff. Oct. 1, 2027. See Acts 2025, No. 477.
C.(1) The Department of Children and Family Services shall be composed of the executive office of the secretary, office of management and finance, office of child welfare, office of child support, and such other offices as shall be created by law.
(2) Whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.
Acts 1988, 1st. Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, No. 773, §2, eff. July 2, 1988; Acts 1990, No. 744, §1, eff. July 24, 1990; Acts 2010, No. 877, §1, eff. July 1, 2010; Acts 2010, No. 939, §4, eff. July 1, 2010; Acts 2025, No. 477, §11, eff. Oct. 1, 2027.
NOTE: See Acts 1988 1st E.s., No. 1, §§5-9.
NOTE: See Acts 1988, No. 858, §1.
NOTE: See Acts 1988, No. 772, §1.
NOTE: See Acts 1988, No. 773, §§1, 4.
NOTE: See Acts 1990, No. 601, §4.
NOTE: See Acts 1990, No. 744, §4.
NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 477.
A. The officers of the department shall be the secretary, the deputy secretary, the undersecretary, the assistant secretary of child welfare, and the assistant secretary of family support, each of whom shall be selected and shall perform functions as provided in this Title.
NOTE: Subsection A eff. Oct. 1, 2027. See Acts 2025, No. 477.
A. The officers of the department shall be the secretary, the deputy secretary, the undersecretary, and the assistant secretaries, each of whom shall be selected and shall perform functions as provided in this Title.
B. No person serving as a secretary, deputy secretary, or undersecretary shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices. Any statewide elected official appointed to serve as a secretary, deputy secretary, or undersecretary shall not receive any additional salary from the state other than that salary which he receives as a statewide elected official.
C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as a secretary, deputy secretary, or undersecretary may receive additional compensation for part-time services rendered as an instructor in postsecondary educational institutions, or as a member of the National Guard.
Acts 1988, No. 773, §2, eff. July 17, 1988; Acts 2010, No. 877, §1, eff. July 1, 2010; Acts 2016, No. 90, §2, eff. July 1, 2016; Acts 2025, No. 477, §11, eff. Oct. 1, 2027.
There shall be a secretary of children and family services, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of the Department of Children and Family Services and shall have the responsibility for the policies of the department, except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department; provided that the secretary shall perform his functions under the general control and supervision of the governor.
Acts 1988, 1st. Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 2010, No. 877, §1, eff. July 1, 2010.
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title. For this purpose, he shall conduct such studies and investigations as are necessary for the formulation of programs, plans, department procedures, rules and regulations, or for the implementation of remedial actions.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Advise the governor on problems concerning the administration of the department.
(6) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant secretary, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department or its offices. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in Subsection G of this Section, in this Title, or by the constitution and laws of this state.
(7) Make and publish an annual report to the governor and the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon the request of the governor, the legislature, or any committee or member thereof.
(8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and when deemed necessary submit a report thereon to the governor and the legislature, which report shall accompany the budget statement which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of needed reorganization and consolidation plans for the department for the next year and shall include a report on the implementation of needed reorganization and consolidation plan for the previous year. Any report concerning reorganization shall specifically detail the extent to which the department has achieved any goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of both houses of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(9) Conduct hearings and pass upon complaints that may be made in relation to the administration of this Chapter; provided, however, that the secretary shall have the authority to delegate this authority to one of the offices of the department or to one of the agencies therein.
(10) Repealed by Acts 2009, No. 400, §3, July 7, 2009.
NOTE: Paragraph (A)(11) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(11) Except as provided in Subsection G of this Section, prepare and submit a state plan for participation in the Child Care and Development Block Grant Program until such authority is transferred to the state Department of Education in accordance with R.S. 17:407.28, and in the Title IV-A federal program to assist families at risk of welfare dependency. The secretary shall ensure that the Child Care and Development Fund plan of this state conforms with the requirements of the Improving Access to Child Care for Homeless Louisiana Families Act, R.S. 46:1443 et seq. The House Committee on Health and Welfare and the Senate Committee on Health and Welfare, jointly, shall serve as an advisory committee to the secretary to begin developing the state plan.
NOTE: Paragraph (A)(11) eff. Oct. 1, 2027. See Acts 2025, No. 477.
(11) Repealed by Acts 2025, No. 477, §18, eff. Oct. 1, 2027.
(12) Be responsible for management and program analysis and policy planning and evaluation for the department and all of its offices, including all agencies transferred to the department.
(13)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (7) of this Subsection.
B. The secretary shall have authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 802.9:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the department and the performance of its powers, duties, functions, and responsibilities and such other personnel as may be necessary for the efficient administration and the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis.
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(b) All of the functions provided for in this Paragraph shall be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the Department of Children and Family Services, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to employment and management.
(5) Act as legal custodian of any child placed with the department by a court of law.
(6) Grant rights of way, servitudes, and easements across state-owned lands under his jurisdiction to other public bodies either state or local, for any public purpose. The secretary shall also have authority to grant rights of way, servitudes, and easements across state lands under his jurisdiction to any other person or entity for the purpose of laying pipelines, gas lines, and water lines, and for the transmission of electricity for power and light, and also for telephone and telegraph lines, for railroad lines or tracks, for road construction, and for drainage purposes, and to enter into the necessary contracts therefor, which shall provide for the payment of an adequate consideration. Such payment, in order to be considered as adequate consideration, shall be based on payments made for other comparable contracts in the vicinity, when available, providing compensation for rights of way, servitudes, and easements, and for damages relative thereto.
(7) Do such other things, not inconsistent with law, as are necessary to properly perform the functions vested in him.
C. The secretary shall have no power to buy and sell lands, incur debt or issue bonds, or to lease or mortgage property under his control except as may be provided by the general laws of the state or as hereafter specifically conferred by law upon him.
D. Repealed by Acts 1988, No. 773, §3, eff. July 17, 1988.
E. Repealed by Acts 2010, No. 877, §2, eff. July 1, 2010.
F. Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
NOTE: Subsection G eff. until Oct. 1, 2027. See Acts 2025, No. 477.
G.(1) Not later than March 31, 1996, the secretary shall submit to the legislature a proposal for another welfare reform program in this state. The program shall provide for a replacement, by July 1, 1999, of the public assistance program, the Aid to Families with Dependent Children program, and to the extent that recipients of food coupons under the food stamp program also receive Aid to Families with Dependent Children or public assistance, the food stamp program under 7 U.S.C. 2011 to 2029. The program shall provide for the continuation of the food stamp program for food stamp recipients who are not recipients of Aid to Families with Dependent Children or public assistance. The program shall also meet the following requirements:
(a) The program shall offer basic income support to low-income persons who cannot work.
(b) The program shall offer employment opportunities to low-income persons who can work, but who cannot find employment. These employment opportunities may not supplant existing employees.
(c) The program shall be approved by a majority of both houses of the legislature.
(2) Notwithstanding any provision of law to the contrary, the department and the state shall not administer public assistance, Aid to Families with Dependent Children, or food stamps after July 1, 1999, except as provided under a welfare reform program adopted by the legislature as provided in this Subsection, provided such a program is adopted by the legislature.
NOTE: Subsection G eff. Oct. 1, 2027. See Acts 2025, No. 477.
G. Repealed by Acts 2025, No. 477, §18, eff. Oct. 1, 2027.
Acts 1988, 1st Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, No. 773, §3, eff. July 17, 1988; Acts 1989, No. 89, §2, eff. June 16, 1989; Acts 1989, No. 141, §1, eff. June 22, 1989; Acts 1990, No. 351, §1, eff. July 10, 1990; Acts 1991, No. 898, §1; Acts 1995, No. 1219, §2, eff. June 29, 1995; Acts 2007, No. 166, §1, eff. June 27, 2007; Acts 2008, No. 314, §1, eff. June 17, 2008; Acts 2009, No. 400, §3, eff. July 7, 2009; Acts 2010, No. 877, §§1, 2, eff. July 1, 2010; Acts 2010, No. 939, §11, eff. July 1, 2010; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2014, No. 787, §1, eff. June 19, 2014; Acts 2014, No. 868, §4, eff. Oct. 1, 2014; Acts 2016, No. 557, §2; Acts 2018, No. 206, §2; Acts 2025, No. 477, §18, eff. Oct. 1, 2027.
NOTE: R.S. 36:802.9 was repealed by Acts 2017, No. 237, §3.
The secretary may appoint, with consent of the Senate, a deputy secretary of the department who shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the deputy secretary shall be determined and assigned by the secretary. If appointed, the deputy secretary shall serve as acting secretary in the absence of the secretary.
Acts 1988, 1st. Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 2010, No. 877, §1, eff. July 1, 2010; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2016, No. 90, §2, eff. July 1, 2016.
NOTE: §475.1(Section Heading) eff. Oct 1, 2027. See Acts 2025, No. 477.
§475.1. Undersecretary; functions; office of management and finance
A. There shall be an undersecretary of the Department of Children and Family Services, who shall be appointed by the governor with the consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The undersecretary shall be directly responsible to the secretary and shall perform his functions under the supervision and control of the secretary.
NOTE: Subsections B and C eff. until Oct. 1, 2027. See Acts 2025, No. 477.
B. The undersecretary shall direct and be responsible for the functions of the division of management and finance, within the office of children and family services within the Department of Children and Family Services. In such capacity, he shall be responsible for accounting and budget control, procurement and contract management, data processing, personnel management, grants management, and facility construction and consulting services for the department and all of its offices, including all agencies transferred to the Department of Children and Family Services, except as otherwise specifically provided in this Title. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
C. The duties and functions of the division of management and finance, within the office of children and family services and of the undersecretary shall be as provided in this Section and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary.
NOTE: Subsections B and C eff. Oct. 1, 2027. See Acts 2025, No. 477.
B. The undersecretary shall direct and be responsible for the functions of the office of management and finance, Department of Children and Family Services. In such capacity, he shall be responsible for accounting and budget control, procurement and contract management, data processing, personnel management, grants management, and facility construction and consulting services for the department and all of its offices, including all agencies transferred to the Department of Children and Family Services, except as otherwise specifically provided in this Title. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
C. The duties and functions of the office of management and finance and of the undersecretary shall be as provided in this Section and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary.
Acts 1988, No. 773, §2, eff. July 17, 1988; Acts 2008, No. 314, §1, eff. June 17, 2008; Acts 2010, No. 877, §1, eff. July 1, 2010; Acts 2025, No. 477, §11, eff. Oct. 1, 2027.
A. There shall be an assistant secretary of child welfare and an assistant secretary of family support, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session.
B. The assistant secretary of child welfare shall manage the division of child welfare and perform the duties and functions of the division related to program development and administration, program service delivery, and development of rules and policy to govern the various programs of the division.
C. The assistant secretary of family support shall manage the division of family support and perform the duties and functions of the division related to program development and administration, program service delivery, and development of rules and policy to govern the various programs of the division.
NOTE: §476 eff. until Oct. 1, 2027. See Acts 2025, No. 477.
§476. Assistant secretaries
A. Each office within the Department of Children and Family Services, except the executive office of the secretary and the office of management and finance, shall be under the immediate supervision and direction of an assistant secretary who shall be appointed by the governor with the consent of the Senate. Each shall serve at the pleasure of the governor and shall be paid a salary which shall be fixed by the governor, which salary shall not exceed the amount approved for such a position by the legislature while in session.
B. Except as otherwise expressly provided in this Title, the duties and functions of each office and its assistant secretary shall be determined by the secretary, and all such duties and functions shall be exercised under the direct supervision and control of the secretary.
C. Except as otherwise provided in R.S. 36:801, each assistant secretary shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of his office and its programs and the performance of its powers, duties, functions, and responsibilities in accordance with applicable civil service laws, rules, and regulations and with regard to policies and rules of the department, all subject to budgetary control and applicable laws.
Acts 2016, No. 90, §2, eff. July 1, 2016; Acts 2025, No. 477, §11, eff. Oct. 1, 2027.
A. The purposes for which the office of children and family services of the Department of Children and Family Services is created shall be set forth in this Section.
B.(1) The office of children and family services shall perform the services of the state relating to public assistance programs to provide aid to dependent children and to adults, who due to age, disability, or infirmity, are unable to adequately meet their basic needs. It shall also administer child support programs, establishment of paternity programs, disaster relief grant programs for individuals and families, and such other programs as assigned by the secretary. The office is authorized to enter into interagency agreements with other state agencies to conduct eligibility determinations. The office shall provide for the public child welfare functions of the state including but not limited to prevention services that promote, facilitate, and support activities to prevent child abuse and neglect; child protective services; voluntary family strengthening and support services; making permanent plans for foster children and meeting their daily maintenance needs of food, shelter, clothing, necessary physical medical services, school supplies, and incidental personal needs; and adoption placement services for foster children freed for adoption. It shall also perform the functions of the state relating to the licensing of facilities regulated under Chapter 14 of Title 46 of the Louisiana Revised Statutes of 1950. The office shall issue and monitor domestic violence services contracts.
(2) After July 1, 1999, the office shall not provide for the administration of any programs related to Aid to Families with Dependent Children, public assistance, or the food stamp program except as provided under the welfare reform program required in R.S. 36:474(G) if such program is adopted by the legislature.
NOTE: §477 eff. Oct. 1, 2027. See Acts 2025, No. 477.
§477. Offices; purposes and functions
A. The purposes for which the offices of the Department of Children and Family Services are created shall be set forth in this Section.
B. The executive office of the secretary shall provide for the general oversight and supervision of the department. The executive office of the secretary includes a bureau of audit, bureau of general counsel, and a bureau of communications and governmental affairs.
C. The office of child welfare shall provide for the public child welfare functions of the state including but not limited to centralized intake; child protective services; human trafficking programs; making permanent plans for foster children and meeting their daily maintenance needs for food, shelter, clothing, necessary physical medical services, school supplies, and incidental personal needs; adoption placement services for foster children freed for adoption; prevention services that promote, facilitate, and support activities to prevent child abuse and neglect, including but not limited to voluntary family strengthening and support services; and such other programs as assigned by the secretary. The office shall also issue and monitor domestic violence services contracts.
D. The office of child support shall provide for the administration of child support programs pursuant to Title IV-D of the Social Security Act, including but not limited to enforcing, collecting, and distributing support obligations; establishing paternity; obtaining and modifying child and medical support orders; and such other programs as assigned by the secretary.
Acts 1988, 1st Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, No. 858, §2, eff. July 18, 1988; Acts 1989, No. 141, §1, eff. June 22, 1989; Acts 1990, No. 219, §1; Acts 1990, No. 744, §1, eff. July 24, 1990; Acts 1995, No. 1219, §2, eff. June 29, 1995; Acts 1997, No. 390, §1, eff. June 20, 1997; Acts 2001, No. 702, §1, eff. June 25, 2001; Acts 2005, No. 110, §1, eff. June 21, 2005; Acts 2007, No. 166, §1, eff. June 27, 2007; Acts 2009, No. 400, §1, eff. July 7, 2009; Acts 2009, No. 409, §3, eff. July 1, 2009; Acts 2010, No. 877, §1, eff. July 1, 2010; Acts 2014, No. 868, §4, eff. Oct. 1, 2014; Acts 2018, No. 206, §2; Acts 2025, No. 477, §10, eff. Oct. 1, 2025, §§11, 18, eff. Oct. 1, 2027.
NOTE: See Acts 1990, No. 744, §4.
The following agencies previously abolished by the Executive Reorganization Act and their powers, duties, functions, and responsibilities are transferred to the secretary of the Department of Children and Family Services and shall be exercised and performed as provided in R.S. 36:921 et seq.:
(1) Louisiana Health and Human Resources Administration (R.S. 46:1751-46:1767, and generally Chapters 1 and 11 of Title 40 and all of Title 46 of the Louisiana Revised Statutes of 1950, except R.S. 46:1601 through 1608) to the extent that the cited provisions provide with respect to agencies or functions placed in or transferred to the Department of Children and Family Services.
(2) State Youth Planning Advisory Commission (Act No. 430 of the 1975 Regular Session of the Legislature).
(3) State Department of Public Welfare (Such provisions of Title 46 of the Louisiana Revised Statutes of 1950 as apply to the abolished department).
(4) State Board of Public Welfare (Such provisions of Title 46 of the Louisiana Revised Statutes of 1950 as apply to the abolished board).
Acts 1988, 1st Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, No. 555, §2, eff. July 14, 1988; Acts 1988, No. 785, §1; Acts 1989, No. 89, §2, eff. June 16, 1989; Acts 1989, No. 456, §3; Acts 1989, No. 566, §1; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1990, No. 351, §1, eff. July 10, 1990; Acts 1990, No. 860, §1, eff. Oct. 1, 1990; Acts 1993, No. 654, §2, eff. June 16, 1993; Acts 1993, No. 864, §1; Acts 1993, No. 1006, §§2 and 3, eff. June 25, 1993; Acts 2005, No. 428, §3, eff. July 1, 2005; Acts 2008, No. 559, §1, eff. July 1, 2008; Acts 2009, No. 194, §3, eff. June 30, 2009; Acts 2010, No. 743, §8B, eff. July 1, 2010; Acts 2010, No. 867, §1, eff. July 2, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2010, No. 939, §11, eff. July 1, 2010; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2016, No. 301, §3, eff. June 2, 2016; Acts 2017, No. 237, §3; Acts 2022, No. 623, §4, eff. July 1, 2022.
A. The Department of Transportation and Development is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.
B. The Department of Transportation and Development, through its offices and officers, shall be responsible for developing and implementing programs to assure adequate, safe, and efficient transportation and other public works facilities and services in the state in accordance with the transfer of agencies and functions made by this Chapter. The department shall develop and implement programs in all areas of transportation, including highways, airports, waterways, flood protection, and mass transit, as well as public works activities, in accordance with such transfers.
C.(1) The Department of Transportation and Development shall be composed of the executive office of the secretary, the office of transformation, the office of management and finance, the office of project delivery, the office of operations, the office of multimodal commerce, and such other offices as shall be created by law.
(2) Whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 445, §1, eff. July 13, 1979; Acts 1981, No. 693, §1; Acts 1987, No. 736, §1; Acts 1988, 1st Ex. Sess., No. 2, §1, eff. Mar. 28, 1988; Acts 1988, No. 488, §1, eff. July 9, 1988; Acts 1997, No. 1381, §1, eff. July 1, 1997; Acts 1998, 1st Ex. Sess., No. 71, §1, eff. July 1, 1998; Acts 2006, 1st Ex. Sess., No. 6, §2; Acts 2006, No. 11, §3; Acts 2009, No. 523, §1, eff. July 10, 2009; Acts 2011, No. 261, §1, eff. June 28, 2011; Acts 2014, No. 719, §1, eff. July 1, 2016; Acts 2025, No. 375, §1.
NOTE: SEE ACTS 1987, NO. 736, §3.
NOTE: SEE ACTS 1988, NO. 488, §§2, 3.
NOTE: SEE ACTS 1990, NO. 601, §§3-5.
NOTE: See Acts 2009, No. 523, §§9 and 10, relative to transfer of duties and responsibilities to the Coastal Protection and Restoration Authority and the transfer of business, employees, programs, etc. of the authority and the Office of Coastal Protection and Restoration in the office of the governor.
A.(1) The officers of the department shall be the secretary, undersecretary, deputy secretary, assistant secretary of project delivery, commissioner of multimodal commerce, and assistant secretary of operations, each of whom shall be selected and shall perform functions as provided in this Title.
(2) The secretary, undersecretary, deputy secretary, assistant secretary of project delivery, assistant secretary of operations, executive director of the Offshore Terminal Authority, commissioner of multimodal commerce, and such other positions which may be authorized by the State Civil Service Commission or the state constitution shall be unclassified positions in the Department of Transportation and Development. All other positions in the department may be in the classified state service. The secretary shall fill such positions as in his opinion and judgment are necessary to the operation of the department in accordance with applicable rules and regulations of the State Civil Service Commission and applicable law.
B. No person serving as a secretary, undersecretary, deputy secretary, assistant secretary of project delivery, assistant secretary of operations, commissioner of multimodal commerce, or in any other office in the department shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices. Any statewide elected official appointed to serve as a secretary or deputy secretary shall not receive any additional salary from the state other than that salary which he receives as a statewide elected official.
C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as a secretary or deputy secretary may receive additional compensation for part-time services rendered as an instructor in postsecondary educational institutions, or as a member of the National Guard.
Acts 1988, No. 488, §1, eff. July 9, 1988; Acts 1997, No. 1381, §1, eff. July 1, 1997; Acts 1998, 1st Ex. Sess., No. 71, §1, eff. July 1, 1998; Acts 2006, 1st Ex. Sess., No. 6, §2, eff. April 18, 2006; Acts 2009, No. 523, §1, eff. July 10, 2009; Acts 2011, No. 261, §1, eff. June 28, 2011; Acts 2014, No. 719, §1, eff. July 1, 2016; Acts 2025, No. 375, §1.
NOTE: See Acts 2009, No. 523, §§9 and 10, relative to transfer of duties and responsibilities to the Coastal Protection and Restoration Authority and the transfer of business, employees, programs, etc. of the authority and the Office of Coastal Protection and Restoration in the office of the governor.
There shall be a secretary of transportation and development who shall be appointed by the governor with consent of the Senate. He shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. He shall be the appointing authority for the department in accordance with civil service rules and regulations. The secretary shall serve as the executive head and chief administrative officer of the Department of Transportation and Development and shall have the responsibility for the policies of the department, except as specifically provided for particular agencies transferred to or placed within the department by other provisions of this Title. He shall also be responsible for the administration, control, and operation of the functions, programs, and affairs of the department; provided that the secretary shall perform his functions under the general control and supervision of the governor.
Acts 1988, No. 488, §1, eff. July 9, 1988; Acts 1998, 1st Ex. Sess., No. 71, §1, eff. July 1, 1998.
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as specifically provided for agencies transferred to the department as otherwise provided in this Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise specifically provided for agencies transferred to the department.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Advise the governor on problems concerning the administration of the department.
(6) Act as the sole agent of the state or, in necessary cases, designate one of his subordinates within the department to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided by the constitution and laws of this state. The secretary shall have full and complete power to perform all duties imposed by law upon the department either directly or through his designated subordinates, except as specifically provided for agencies transferred to the department. This grant of power and authority to the secretary, shall be liberally construed to effectuate the purposes of this Chapter and the constitution and laws of this state.
(7) Make reports and recommendations on his own initiative or upon the request of the governor, the legislature, or any committee or member thereof.
(8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget statement which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and to the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of both houses of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of a report pursuant to Paragraph (7) of this Subsection.
B. The secretary shall have authority to:
(1) Except as otherwise specifically provided in R.S. 36:801, R.S. 36:801.1, and R.S. 36:803:
(a) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.
(b) Employ, assign, and remove all personnel employed for the department on a contractual basis; and
(c) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs; all of the above to be accomplished in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the Department of Transportation and Development, and all subject to budgetary control and applicable laws.
(d) Negotiate and execute, for meaningful consideration, contracts that permit the use of bridges under the jurisdiction of the Department of Transportation and Development for installation of cables for communication systems. "Meaningful consideration" shall include but not be limited to a specific fee or rental during the period of the contract. The secretary shall promulgate the necessary rules and regulations to establish and assure a uniform criteria for the negotiation and execution of the aforementioned contracts. As nearly as is practicable such rules and regulations shall be promulgated sixty days after the effective date of this Subparagraph.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to employment and management.
(5) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.
(6) Eliminate positions within the department deemed to be unnecessary in fulfilling the goals of the office of transformation in accordance with civil service rules.
(7) Enter into agreements with other state agencies for the purpose of developing and implementing programs that ensure adequate, safe, and efficient transportation and public works infrastructure and services throughout the state.
(8) To utilize any lawful means to monitor, enforce, and collect penalties for violations occurring within state construction zones. The provisions of this Section shall be applicable notwithstanding any provision of law to the contrary.
Acts 1988, No. 488, §1, eff. July 9, 1988; Acts 1988, No. 762, §2, eff. July 15, 1988; Acts 1990, No. 272, §1, eff. Sept. 1, 1990; Acts 1998, 1st Ex. Sess., No. 71, §1, eff. July 1, 1998; Acts 2012, No. 866, §3, eff. Jan. 1, 2013; Acts 2016, No. 557, §2; Acts 2025, No. 375, §1.
A. There shall be a deputy secretary of the department, who shall be appointed by the governor and shall serve as the appointing authority for the office of transformation. He shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the deputy secretary shall be to oversee the office of transformation which shall include all duties, responsibilities, and authorities necessary and lawful to optimize the department and those otherwise assigned by the secretary. He shall serve as acting secretary in the absence of the secretary.
B. If the position of deputy secretary is not filled during the absence of the secretary, the secretary may designate either the undersecretary or the assistant secretary for project delivery to serve as acting secretary in his absence. The secretary shall notify the governor in writing of his temporary appointment of an acting secretary in his absence. The governor shall have the full authority to revoke the appointment. In no event shall the temporary appointment exceed thirty days in length, except with the specific written approval of the governor. The governor may appoint a temporary secretary to act in the absence or incapacity of the secretary if an acting secretary has not been appointed.
C. The deputy secretary shall assess all of the department's reports and submit one single report to the legislature annually.
Acts 1988, No. 488, §1, eff. July 9, 1988; Acts 1998, 1st Ex. Sess., No. 71, §1, eff. July 1, 1998; Acts 2025, No. 375, §1.
A. There shall be an undersecretary of the Department of Transportation and Development who shall be appointed by the governor. He shall serve at the pleasure of the secretary at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session, and shall receive an annual salary payable monthly out of funds appropriated therefor, and shall be allowed his actual necessary traveling expenses incurred in the discharge of his official duties. The undersecretary shall be directly responsible to and shall perform his functions under the supervision and control of the secretary.
B. The undersecretary shall direct and be responsible for the functions of the office of management and finance within the Department of Transportation and Development. In such capacity he shall be responsible for accounting and budget control, procurement, data processing, management and program analysis, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Transportation and Development, except as otherwise specifically provided in this Title. He shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
C. The duties and functions of the office of management and finance and of the undersecretary shall be as provided in this Section, and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary.
D. The executive budget, prepared in accordance with Part II of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950, and the general appropriation bill prepared for submission to the legislature beginning with the 1987 Regular Session of the Legislature, shall include a budget for each program in the department.
E.(1) The undersecretary shall ensure that no direct or indirect costs associated with any full- or part-time employee of the department is funded in the capital budget. The capital budget shall exclusively include costs that are directly associated with construction, such as land acquisition and right-of-way costs, construction engineering, construction and reconstruction, resurfacing, rehabilitation, and restoration, system preservation, and installation or modification of traffic service facilities. The undersecretary shall itemize costs in the capital budget to maximize the legislature's and the public's understanding and awareness of the department's capital budget.
(2) The operating budget shall clearly and concisely itemize costs associated with past and present employees of the department. All other costs in the operating budget shall be separated and itemized apart from those associated with past or present employees of the department.
F. In the event of budgetary layoffs, the undersecretary shall consult with each assistant secretary of the department and, in consultation with the secretary, and the office of transformation, initiate and execute layoffs in a manner that minimizes impacts to services to the public.
Acts 1988, No. 488, §1, eff. July 9, 1988; Acts 1998, 1st Ex. Sess., No. 71, §1, eff. July 1, 1998; Acts 2025, No. 375, §1.
A. The secretary, or in his discretion a subordinate or subordinates appointed in writing by him, shall administer the programs of the state relating to and affecting aeronautics and aviation facilities within the state; the development and establishment of public mass transit, railroad, and water transportation systems; and other special transportation programs as may be directed by the secretary.
B. The secretary, or in his discretion a subordinate or subordinates appointed by him, shall administer the programs of the state relating to the establishment, design, construction, extension, improvement, repair, maintenance, and regulation of roads, highways, expressways, bridges, and matters pertaining thereto. The secretary or his designated subordinate shall develop, prepare, and finalize the annual highway construction program authorized by Act 334 of 1974.
C. The secretary, or in his discretion a subordinate or subordinates appointed in writing by him, shall perform the public works functions of the state, related to flood and drainage control, the flood plain management program, reclamation, water resources, soil conservation, land surveying and mapping, disaster relief, and related functions.
D. The secretary, or in his discretion a subordinate or subordinates appointed in writing by him, shall perform the functions necessary to develop the state's multimodal transportation and development plan.
E. The secretary is hereby granted full power and authority to delegate, assign, or appoint in his discretion any subordinate to perform any function or duties required by law to be performed by the department, except as specifically provided in this Title. This grant of power and authority shall be liberally construed to effectuate the purposes of this Chapter.
Acts 1988, No. 488, §1, eff. July 9, 1988.
{{NOTE: SEE ACTS 1988, NO. 488, §§2, 3.}}
A. There is hereby created within the Department of Transportation and Development, the office of project delivery, which shall administer engineering matters related to the state's highway program with respect to project development, planning, design, construction, maintenance, extension, improvement, and regulation of roads, highways, expressways, bridges, and related matters, and any other special highway engineering program as may be directed by the secretary. The office shall also administer the public works functions of the state related to flood and drainage control, reclamation, water resources, soil conservation, mapping, disaster relief, and related matters, the state's participation in the National Flood Insurance Program, 42 U.S.C. 4001 et seq., and other special programs as may be directed by the secretary.
B. The office of project delivery shall be under the immediate supervision of the assistant secretary, who shall be appointed by the secretary. The assistant secretary shall serve at the pleasure of the secretary. He may be licensed to practice civil engineering in Louisiana. The assistant secretary shall give his whole time to the duties of his office.
C. The assistant secretary shall have authority subject to approval of the secretary and in accordance with applicable rules and regulations of the civil service commission to employ, appoint, transfer, assign, and promote such personnel as is necessary for the efficient administration of the office of project delivery.
D. The assistant secretary shall receive an annual salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session.
E. Before entering upon the duties of his office he shall take the prescribed oath and give bond to the governor in the sum of ten thousand dollars, conditioned upon the faithful performance of his duties. This bond shall be approved by the governor and filed with the secretary of state. The cost of this bond may be paid by the department with approval of the secretary.
F. The chief engineer shall approve all plans, specifications, and estimates for the construction of all facilities and projects for which his office is responsible. He also shall have such other duties as may be assigned to him by the secretary or the assistant secretary, by the provisions of this Chapter, or by the laws of this state. He shall report the proceedings of his office annually to the secretary of the department and at such other times as the secretary may designate, and he shall make any additional reports as are required by the secretary.
G. The assistant secretary in consultation with the chief engineer and with approval of the secretary may designate a licensed engineer in the office of project delivery to perform any duties required of the chief engineer when the chief engineer is absent.
H. The strategic mission of the assistant secretary shall be to, whenever possible, employ individuals skilled in project delivery and contract management who are not also licensed professional engineers.
I. The assistant secretary and the unclassified direct reports under his direction shall maximize to the fullest extent possible the privatization of services and functions within the office.
Acts 1988, No. 488, §1, eff. July 9, 1988; Acts 1988, No. 91, §1; Acts 1997, No. 1381, §1, eff. July 1, 1997; Acts 1998, 1st Ex. Sess., No. 71, §1, eff. July 1, 1998; Acts 2006, No. 11, §3; Acts 2011, No. 261, §1, eff. June 28, 2011; Acts 2012, No. 753, §4; Acts 2025, No. 375, §1.
{{NOTE: SEE ACTS 1988, NO. 488, §§2, 3.}}
Repealed by Acts 2025, No. 375, §1.
A. There is hereby created within the Department of Transportation and Development, the office of operations, which shall administer all matters related to the operations of the department's district offices and other matters as may be directed by the secretary.
B. The office of operations shall be under the immediate supervision of the assistant secretary, who shall be appointed by the governor and shall serve at the pleasure of the secretary.
C. The assistant secretary shall have authority, subject to approval of the secretary and in accordance with applicable rules and regulations of the civil service commission, to employ, appoint, transfer, assign, and promote such personnel as is necessary for the efficient administration of the office of operations.
D. The assistant secretary shall receive an annual salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session, payable monthly out of funds appropriated therefor and shall be allowed his actual and necessary traveling expenses incurred in the discharge of his official duties.
E. The assistant secretary shall administer all department functions and duties for which the office of operations is responsible. He shall also have such other duties as may be assigned to him by the secretary, by the provisions of this Chapter, or by the laws of this state. He shall report the proceedings of his office annually to the secretary of the department and at such other times as the secretary may designate, and he shall make any additional reports as are required by the secretary.
F. The secretary is specifically authorized and empowered to perform any of the duties of the assistant secretary when the assistant secretary is absent or incapacitated or when in the opinion of the secretary it would be in the best interest of the department. The assistant secretary with approval of the secretary may designate a senior staff member in the office of operations to perform any duties required of the assistant secretary.
Acts 1998, 1st Ex. Sess., No. 71, §1, eff. July 1, 1998; Acts 2012, No. 866, §1, eff. Jan. 1, 2013; Acts 2025, No. 375, §1.
A.(1) There is hereby created within the Department of Transportation and Development, the office of multimodal commerce, which shall administer the planning and programming functions of the department related to strategic and intermodal issues, aviation including vertiports, commercial trucking, intercity public mass transit, railroad expansion and development, port and water transportation systems, and related matters, and any other special programs as may be directed by the governor.
(2) The office shall advise the office of project delivery on intermodal issues and implement the master plan as it relates to intermodal transportation.
(3) Notwithstanding Paragraph (1) of this Subsection, any powers, duties, responsibilities and corresponding department employees, equipment, facilities, and funding of the Department of Transportation and Development with respect to federal programs on rail safety and the administration of federal rail safety and hazard mitigation funds and the like shall remain with the office of project delivery of the Department of Transportation and Development.
B. The office of multimodal commerce shall be vested with the powers, duties, responsibilities, budgetary authority, and department employees, equipment, facilities, and funding necessary to carry out the functions conferred upon it by the provisions of Paragraphs (A)(1) and (2) of this Section.
C.(1) The office of multimodal commerce shall be under the supervision of a commissioner of multimodal commerce, who shall administer all department functions and duties for which the office of multimodal commerce is responsible. The commissioner shall be appointed by the governor, subject to Senate confirmation, and shall serve at the pleasure of the governor.
(2) The commissioner shall have authority, in accordance with applicable rules and regulations of the civil service commission, to employ, appoint, transfer, assign, and promote such personnel as is necessary for the efficient administration of the office of multimodal commerce.
(3) The commissioner shall receive an annual salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session, and shall be allowed his actual and necessary traveling expenses incurred in the discharge of his official duties.
D. The powers, duties, responsibilities, budgetary authority, employees, equipment, facilities, and funding of the office of multimodal commerce shall be allocated among the following divisions of such office:
(1) Commercial trucking.
(2) Ports and waterways.
(3) Aviation.
(4) Freight and passenger rail development.
Acts 2014, No. 719, §1, eff. July 1, 2016; Acts 2015, No. 31, §1, eff. July 1, 2016; Acts 2024, No. 316, §1; Acts 2025, No. 375, §1.
NOTE: See Acts 2015, No. 31, §4, regarding eff. date of Subsection C.
A. The Multimodal Commerce Advisory Commission is hereby established within the office of multimodal commerce. It shall be composed of the following:
(1) The commissioner of multimodal commerce who shall be chair of the commission.
(2) The secretary of Louisiana Economic Development, or his designee.
(3) The secretary of the Department of Transportation and Development, or his designee.
(4) The chairs of the Senate and House committees on transportation, highways, and public works, or their designees.
(5) The chairs of the Senate Committee on Commerce, Consumer Protection, and International Affairs and the House Committee on Commerce, or their designees.
(6) A representative of the Ports Association of Louisiana selected by its board of directors.
(7) A representative of the Louisiana Association of Waterway Operators and Shipyards selected by its board of directors.
(8) The president of the Louisiana Airport Managers and Associates, or his designee.
(9) A representative of the Louisiana Motor Transport Association selected by its board of directors.
(10) A representative of the Louisiana Railroad Association selected by its board of directors.
(11) The chairman of the Louisiana Board of International Commerce, or his designee.
(12) The chairman of the board of the Offshore Marine Service Association, or his designee.
(13) A Louisiana representative of the Southern Rail Commission appointed by the governor.
(14) A representative at-large selected by the president of the Senate.
(15) A representative at-large selected by the speaker of the House of Representatives.
B. The Multimodal Commerce Advisory Commission shall meet and develop an operational plan for the 2016 Regular Session of the Legislature for the following: (1) An allocation of the department employees, equipment, facilities, and funding the commission finds necessary to carry out the functions conferred upon the office of multimodal commerce by the provisions of R.S. 36:508.3 to become effective on July 1, 2016.
(2) The organizational structure of the office of multimodal commerce, with a further initial allocation of the office's powers, duties, responsibilities, officers, equipment, and employees among the specific divisions provided for in R.S. 36:508.3(D), to become effective on July 1, 2016.
(3) Proposed legislation for the 2016 Regular Session of the Legislature necessary to implement the operational plan on July 1, 2016.
C. The operational plan of the Multimodal Commerce Advisory Commission shall be presented to the Senate and House committees on transportation, highways, and public works for their review, amendment, and approval no later than February 1, 2016.
D. A majority of the members of the commission shall constitute a quorum for the purpose of taking any action, and actions of the commission may be taken by an affirmative vote of the members of the commission present.
E. Members of the commission shall serve without compensation, except per diem or expenses reimbursement to which they may be individually entitled as members of the constituent organizations.
F. After July 1, 2016, the commission shall continue to exist in an advisory capacity to the commissioner.
Acts 2014, No. 719, §2, eff. June 18, 2014; Acts 2015, No. 31, §2, eff. July 1, 2015; Acts 2016, No. 324, §1, eff. July 1, 2016.
A. There is hereby created within the Department of Transportation and Development the office of transformation which shall operate under the direction and supervision of the deputy secretary. The purpose of this office shall be to implement strategies and initiatives designed to enhance operational efficiency within the department.
B. In addition to its other duties, the office of transformation shall implement the following measures for the purpose of improving efficiency within the department:
(1) Develop, implement, and evaluate annually Key Performance Indicators (KPI's). At a minimum, the strategic goals of these KPI's shall focus on asset management, workforce efficiency, innovation, safety, and stakeholder customer services.
(2) Develop and implement a quantitative methodology for the prioritization of capacity projects. This methodology shall account for the measurable benefits of each project, including but not limited to anticipated impacts on economic development, and shall serve as a basis for the systematic ranking and scheduling of project delivery.
(3) Develop standardized project selection templates for use across the department’s various programs. The templates shall identify the necessary data elements and evaluation criteria required for the identification, assessment, and prioritization of departmental projects in a consistent and objective manner.
(4) Identify routine pavement preservation projects that are appropriate for management and execution solely by the department’s district personnel. Upon such identification, responsibility for the implementation of said projects shall be transferred to the respective district offices, with the goal of enhancing operational efficiency and localized project delivery.
(5) Identify and implement opportunities to outsource routine maintenance activities in order to more effectively provide safety-critical repair and maintenance of the state highway system in a timely manner.
Acts 2025, No. 375, §1.
A. The Department of Transportation and Development is hereby directed to fully leverage the office of transformation to hold each office of the department accountable to optimize the respective functions under the direction of the deputy secretary.
B.(1) It shall be the charge of the office of transformation to have established and empowered a central Department of Transportation and Development data management role and program, for implementation of a data asset management process, documented and formalized for key products, implemented modern standard data architecture, tools, and practices; for centralized data management and analytics, and enabled collaboration by default.
(2) Alternatively, the office of transformation shall examine best practices to develop and implement a state-of-the-art internal information system that conveniently and accurately monitors the status of the department's functions statewide.
C. The department shall have enacted comprehensive, department-wide reforms of the access permit process to include the policy, administrative code, engineering directives and standards manual, and online application processes by June 30, 2026.
D. The department shall modernize and reform project development and execution across the entire department to stabilize letting and to remit payments to vendors and contractors on a bi-monthly basis, consistent with the terms of its contracts, no later than June 30, 2026.
Acts 2025, No. 375, §1.
A. The following agencies are hereby transferred to the Department of Transportation and Development and shall exercise and perform their powers, duties functions, and responsibilities as provided by law:
(1) The Flood Control Project Evaluation Committee (R.S. 38:90.1 et seq.).
(2) The Offshore Terminal Authority (R.S. 34:3101 et seq.).
(3) The Coastal Port Advisory Authority (R.S. 34:3551 et seq.) shall be placed within the office of multimodal planning, Department of Transportation and Development.
B. The Louisiana Professional Engineering and Land Surveying Board (R.S. 37:681 et seq.) is transferred to and hereafter shall be within the Department of Transportation and Development, as provided in R.S. 36:803.
C. The following agencies are hereby abolished, and their powers, duties, functions, and responsibilities are transferred to the secretary of the Department of Transportation and Development and hereafter shall be exercised and performed as provided in R.S. 36:921 et seq.:
(1) Department of Highways (Article VI, Sections 19, 19.2, 19.3, 19.4, 22(1), and 23 of 1921 Louisiana Constitution, made statutory by Article XIV, Section 16(A)(3) of 1974 Louisiana Constitution and such provisions of Title 48 of the Louisiana Revised Statutes of 1950 as apply to the abolished department)
(2) Department of Public Works (R.S. 38:1 and such provisions of Title 38 of the Louisiana Revised Statutes of 1950 as apply to the abolished department)
(3) Board of Public Works (R.S. 38:7 and 16)
(4) State Board of Highways (Article VI, Sections 19, 19.2, 19.3, 19.4, 22(1), and 23 of the 1921 Louisiana Constitution, made statutory by Article XIV, Section 16(A)(3) of the 1974 Louisiana Constitution, and such provision of Title 48 of the Louisiana Revised Statutes of 1950 as directly relate to the board)
(5) Louisiana Expressway Authority (R.S. 48:1251 et seq.)
(6) Larose-Lafitte Toll Road Authority (Act No. 335 of the 1964 Regular Session of the Legislature)
(7) South Central Louisiana Toll Road Authority (Act No. 35 of the 1969 Regular Session of the Legislature)
(8) Mississippi River Bridge Authority
D. The Mississippi River Parkway Commission of Louisiana (R.S. 48:101 et seq.) is placed within the Department of Transportation and Development and shall exercise and perform its powers, duties, functions, and responsibilities as provided for agencies transferred in accordance with the provisions of R.S. 36:901 et seq.
E. The Louisiana Transportation Authority (R.S. 48:2071 et seq.) is placed within the Department of Transportation and Development and shall perform and exercise its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of R.S. 36:801.
F. The following agencies are placed within the Department of Transportation and Development and shall perform and exercise their powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:801.1:
(1) The Sabine River Authority, state of Louisiana (Article XIV, Section 45 of 1921 Louisiana Constitution, made statutory by Article XIV, Section 16(A)(10) of 1974 Louisiana Constitution; R.S. 38:2321 et seq.).
(2) The Poverty Point Reservoir District (R.S. 38:3087.1 et seq.).
Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 555, §1, eff. Jan. 1, 1980; Acts 1980, No. 327, §2, eff. July 1, 1980; Acts 1980, No. 760, §2; Acts 1981, No. 773, §2; Acts 1983, No. 97, §7, eff. Feb. 1, 1984; Acts 1984, No. 862, §2. Acts 1984, No. 314, §2; Acts 1985, No. 483, §1; Acts 1985, No. 898, §§1, 3; Acts 1986, No. 962, §§2, 3; Acts 1986, No. 872, §1; Acts 1986, 1st Ex. Sess., No. 32, §8; Acts 1987, No. 205, §2, eff. July 1, 1987; Acts 1988, No. 91, §3; Acts 1988, No. 762, §§2, 3, eff. July 15, 1988; Acts 1988, No. 882, §3; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1990, No. 272, §1, eff. Sept. 1, 1990; Acts 1991, No. 23, §2; Acts 1991, No. 750, §1; Acts 1992, No. 888, §1, eff. July 8, 1992; Acts 1997, No. 1116, §2; Acts 1998, 1st Ex. Sess., No. 69, §1, eff. May 1, 1998; Acts 2001, No. 437, §1; Acts 2001, No. 1209, §1; Acts 2002, 1st Ex. Sess., No. 163, §1, eff. April 19, 2002; Acts 2003, No. 71, §1, eff. May 28, 2003; Acts 2003, No. 279, §4; Acts 2003, No. 724, §1, eff. June 27, 2003; Acts 2005, No. 40, §1, eff. June 16, 2005; Acts 2005, No. 93, §1, eff. June 21, 2005; Acts 2005, No. 428, §3, eff. July 1, 2005; Acts 2006, 1st Ex. Sess., No. 6, §2; Acts 2006, No. 761, §§1,2 eff. June 30, 2006; Acts 2007, No. 33, §3, eff. June 18, 2007; Acts 2008, No. 815, §5; Acts 2010, No. 743, §§11, 21, eff. July 1, 2010; Acts 2010, No. 861, §17; Acts 2010, No. 1014, §1; Acts 2010, No. 1014, §5, eff. Jan. 1, 2012; Acts 2011, No. 207, §10(B); Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2012, No. 866, §§1, 3, eff. Jan. 1, 2013; Acts 2013, No. 180, §2; Acts 2015, No. 401, §§2, 4; Acts 2019, No. 196, §1, eff. Sept. 1, 2019; Acts 2021, No. 20, §5.
[Blank]
Notwithstanding any law to the contrary, including any provision of Chapter 11 of Title 38 of the Louisiana Revised Statutes of 1950, the Sabine River Authority and the Poverty Point Reservoir District as provided in R.S. 38:3087.1 et seq. shall be subject to the provisions of Part II of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950 as these provisions are applicable to the department.
Acts 1998, 1st Ex. Sess., No. 144, §1, eff. July 1, 1998.
§§551 to 559 repealed by Acts 1988, 1st Ex. Sess., No. 1, §10, eff. Mar. 28, 1988.
§600 as enacted by Acts 2025, No. 458 redesignated to R.S. 36:360.
A. The control and supervision of the wildlife of the state, including all aquatic life, is vested in the Louisiana Wildlife and Fisheries Commission. The commission shall be in the executive branch and shall consist of seven members appointed by the governor, subject to confirmation by the Senate. Six members shall serve overlapping terms of six years, and one member shall serve a term concurrent with that of the governor. Three members shall be electors of the coastal parishes and representatives of the commercial fishing and fur industries, and four shall be electors from the state at large other than representatives of the commercial fishing and fur industries, as provided by law. No member who has served six years or more shall be eligible for reappointment.
B. The functions, duties, and responsibilities of the commission, and the compensation of its members, shall be as provided by law.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2013, No. 198, §1; Acts 2013, No. 198, §1, eff. on the effective date of the const. amend. proposed by Acts 2013, No. 437 is adopted by the electorate on Nov. 4, 2014.
NOTE: See Acts 2013, No. 198, §3, relative to effectiveness of the Act contingent upon adoption by the voters of a const. amend. proposed by Acts 2013, No. 437 on Nov. 4, 2014.
A. The Department of Wildlife and Fisheries is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge, Louisiana. However, the Seafood Division, within the Department of Wildlife and Fisheries, shall remain located in the city of New Orleans.
B. The Department of Wildlife and Fisheries through its offices and officers, shall control and supervise all wildlife of the state, including fish and all other aquatic life, and shall execute the laws enacted for the control and supervision of programs relating to the management, protection, conservation, and replenishment of wildlife, fish, and aquatic life in the state, and the regulation of the shipping of wildlife, fish, furs, and skins.
The department shall also be responsible for the conservation and management of all renewable resources on all wildlife management areas, wildlife refuges, scenic rivers, and wildlife preserves that it may own or lease. The department shall also exercise such powers and perform such functions as required with regard to all other duties delegated by law.
Leasing of nonrenewable state owned resources will be carried out on such wildlife management areas, refuges, preserves and scenic rivers only with the concurrence of the department and only after appropriate rules and regulations have been adopted to minimize damages to fish and wildlife habitat.
C.(1) The Department of Wildlife and Fisheries shall be composed of the executive office of the secretary, the office of management and finance, the office of wildlife, the office of fisheries, and such other offices as shall be created by law.
(2) Whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 449, §3, eff. Jan. 1, 1980. Acts 1984, No. 179, §2; Acts 1987, No. 736, §1; Acts 1988, No. 784, §2.
{{NOTE: SEE ACTS 1987, NO. 736, §3.}}
{{NOTE: SEE ACTS 1988, NO. 784, §3.}}
A. The officers of the department shall be the secretary, the deputy secretary if a deputy secretary is appointed, the undersecretary, and assistant secretaries, each of whom shall be selected and shall perform functions as provided in this Title.
B. No person serving as a secretary, deputy secretary, undersecretary, or assistant secretary shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices. Any statewide elected official appointed to serve as a secretary, deputy secretary, undersecretary, or assistant secretary shall not receive any additional salary from the state other than that salary which he receives as a statewide elected official.
C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as a secretary, undersecretary, deputy secretary, or assistant secretary may receive additional compensation for part-time services rendered as an instructor in postsecondary educational institutions, or as a member of the National Guard.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
There shall be a secretary of wildlife and fisheries, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of the Department of Wildlife and Fisheries and shall have the responsibility for the policies of the department, except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department; provided that the secretary shall perform his functions under the general control and supervision of the governor.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Advise the governor on problems concerning the administration of the department.
(6) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant secretary, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.
(7) Make and publish an annual report to the governor and the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department and make other reports and recommendations on his own initiative or upon request by the governor, the legislature, or any committee or member thereof.
(8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (7) of this Subsection.
B. The secretary shall have authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and R.S. 36:803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it;
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis, and
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(b) All of the above are to be accomplished in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the Department of Wildlife and Fisheries, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(4)(a) Enforce the laws of the state and rules and regulations relative to wildlife and fisheries, including but not limited to laws, rules, and regulations relative to illegal hunting, fishing, and trapping, boating safety regulations, and the prohibited methods, times, or seasons, and locations therefor, including the illegal transportation, shipping, and sale of wildlife, fish, and other aquatic life and fur-bearing animals and alligators, and including the illegal possession of wildlife, game, or fish and other aquatic life, and develop and implement litter abatement, enforcement, and awareness programs and toward these ends shall appoint not less than twenty-five wildlife agents, whose entire time, under the direction of the secretary, shall be devoted to the performance of their official duties as prescribed by law. Notwithstanding R.S. 40:5, the secretary shall have authority to enforce the laws specifically assigned by statute to the Louisiana Department of Health and any rules or regulations promulgated thereunder for the purpose of regulating the harvesting, processing, or distribution of molluscan shellfish.
(b) The secretary may appoint and, at his pleasure, remove as many special or cooperative officers, to be designated as special wildlife agents, and commission as many auxiliary enforcement agents as he deems proper.
(5) Formulate and promulgate rules of administration for the department relating to employment and management.
(6) Provide for a program for the dissemination of wildlife and fisheries information and education in the state of Louisiana.
(7) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.
(8) Authorize the printing of those materials, which assist in the promotion of the natural and recreational resources and programs under the control of the department and authorize the printing and distribution of informal publications concerning the organization, powers, duties, functions, or related events of the department on a regular basis in order to facilitate effective and efficient intradepartmental and interdepartmental communications.
Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1985, No. 876, §1, eff. July 23, 1985; Acts 1987, No. 736, §1; Acts 1988, No. 1, §1, eff. May 12, 1988; Acts 1990, No. 498, §1; Acts 1998, 1st Ex. Sess., No. 31, §1, eff. April 24, 1998; Acts 2004, No. 138, §1; Acts 2011, No. 265, §3, eff. July 1, 2011; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2.
There may be a deputy secretary of the department, who shall be appointed by the secretary with consent of the Senate and who shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the deputy secretary shall be determined and assigned by the secretary. If appointed, he shall serve as acting secretary in the absence of the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. There shall be an undersecretary of the Department of Wildlife and Fisheries, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The undersecretary shall be directly responsible to and shall perform his functions under the supervision and control of the secretary.
B. The undersecretary shall direct and be responsible for the functions of the office of management and finance within the Department of Wildlife and Fisheries. In such capacity he shall be responsible for accounting, budget forecasting and control, procurement and contract management, data processing, management and program analysis, socioeconomic research and analysis, property control, boat registration, customer service program management, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Wildlife and Fisheries, except as otherwise specifically provided in this Title. The undersecretary shall be responsible for assisting the office of wildlife and the office of fisheries with the administration of the licensing and permit issuance program, the collection of fees, taxes, fines, and penalties, and the dissemination of information through various media channels. He shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
C. The duties and functions of the office of management and finance and of the undersecretary shall be as provided in this Section, and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2001, No. 113, §1.
A. Each office within the Department of Wildlife and Fisheries, except the office of management and finance, shall be under the immediate supervision and direction of an assistant secretary. The assistant secretary of each such office shall be appointed by the governor with consent of the Senate. Each shall serve at the pleasure of the governor and shall be paid a salary which shall be fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session.
B. Except as otherwise expressly provided in this Title, the duties and functions of each office and its assistant secretary shall be determined by the secretary, and all of such duties and functions shall be exercised under the direct supervision and control of the secretary.
C. Except as otherwise provided in R.S. 36:801, each assistant secretary shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of his office and its programs and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws.
D. Each assistant secretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The primary purposes for which the offices of the Department of Wildlife and Fisheries are created shall be as set forth in this Section. However, the various offices shall be interrelated for purposes of efficient management and personnel may be assigned from one office to another on temporary assignment as deemed expedient by the secretary.
B. The office of wildlife shall:
(1) Be responsible for performing the functions of the state relating to the administration and operation of programs, including research, relating to wild birds, game, non-game species, threatened and endangered species, certain wildlife management areas and game preserves, including law enforcement thereon, and river basin evaluations, including but not limited to providing recommendations for the fixing of seasons, bag and possession limits, the establishment of rules and regulations for the taking and protection of wild birds and game and non-game birds and protected quadrupeds, and the regulation of persons who breed, propagate, sell, kill, or transport wild birds and wildlife.
(2) Perform the functions of the state relative to the administration, operation, and law enforcement of programs, including research, related to the Louisiana Natural Areas Registry; natural and scenic rivers; the regulation of seismic operations; and water pollution control and prevention and review and monitoring of activities occurring in the coastal zone and wetland areas as shall be delegated or assigned to the Department of Wildlife and Fisheries or any of the agencies transferred to said department by law.
(3) Perform the functions of the state relative to the maintenance and operation of certain wildlife management areas, refuges, and sanctuaries, including law enforcement thereon, and relative to the administration and operation of programs, including research on all forms of marsh wildlife, related to fur-bearing animals, alligators, waterfowl, and other marsh wildlife, including but not limited to the licensing of and payment of taxes by trappers, alligator hunters, commercial buyers, and dealers.
(4) Repealed by Acts 2011, No. 265, §6, eff. July 1, 2011.
C. The office of fisheries shall:
(1) Perform the functions of the state relating to administration and operation programs, including research, relating to saltwater fisheries, water bottoms, and seafoods, including but not limited to the regulation of the oyster, shrimp, and marine fishing industries, the leasing of and regulations of the use of water bottoms for cultivation and propagation of oysters, mariculture, and the dredging of sand, gravel, and fill materials, the licensing of vessels engaged in the industry, establishing and maintaining oyster seed grounds, the control of the shrimp fishery and shrimp industry in the state and the licensing of persons engaged therein, and the collection of the severance tax on shrimp, oysters, sand, gravel, and fill materials severed from state water bottoms.
(2) Perform the functions of the state relating to the administration, operation, and law enforcement of programs, relating to freshwater fisheries and other aquatic life, including the regulation of sport and commercial fishing, the regulation of domestic fish farming, regulation of noxious aquatic weed control, the operation, maintenance, and management of fish hatcheries and fish preserves, and boat ramps.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1988, No. 784, §2; Acts 1999, No. 38, §1, eff. May 28, 1999; Acts 2008, No. 544, §2, eff. July 1, 2008; Acts 2011, No. 265, §6, eff. July 1, 2011; Acts 2013, No. 161, §1.
NOTE: SEE ACTS 1988, NO. 784, §3.
NOTE: See Acts 2008, No. 544, §§5 and 6, eff. July 1, 2008, relative to implementation of the abolition of the office of environmental education in the governor's office and creation of a new office in the Dept. of Wildlife and Fisheries and changing references.
A. The following agencies are transferred to and hereinafter shall be within the Department of Wildlife and Fisheries, as provided in R.S. 36:802:
(1) Wildlife and Fisheries Commission (Article IX, Section 7 of the Constitution of Louisiana; R.S. 56:1 et seq. and other provisions of the Louisiana Revised Statutes of 1950 that apply to the commission).
(2) Gulf States Marine Fisheries Commission (R.S. 56:71 et seq.).
(3) Northwest Louisiana Game and Fish Preserve (Act No. 191 of the 1926 Regular Session of the Legislature, as amended).
(4) Iatt Lake State Game and Fish Preserve (Act No. 27 of the 1940 Regular Session of the Legislature, as amended, and Act No. 244 of the 1962 Regular Session of the Legislature).
(5) Saline Lake Game and Fish Preserve (Act No. 105 of the 1976 Regular Session of the Legislature, as amended).
(6) Nantachie Lake State Game and Fish Preserve (Act No. 440 of the 1966 Regular Session of the Legislature, as amended).
(7) Oyster Task Force (R.S. 56:421).
(8) Crab Task Force (R.S. 56:331).
(9) Louisiana Shrimp Task Force (R.S. 56:494).
(10) Louisiana Finfish Task Force (R.S. 56:301.10).
(11) Louisiana Outdoors Forever Program project selection board and technical advisory board (R.S. 56:1931 et seq.).
B.(1) Notwithstanding any provisions of R.S. 56:801 to the contrary, the game and fish commissions created by the following Acts, as amended, are hereby abolished, and their powers, duties, functions, and responsibilities are transferred to the secretary of the Department of Wildlife and Fisheries and hereafter shall be exercised and performed as provided in R.S. 36:921 et seq. Any parish or parishes, by formal resolution of the governing authority of each parish affected, pursuant to R.S. 56:721 et seq., may appoint a game and fish commission which may exercise those powers, duties, and functions provided in R.S. 56:721 et seq. in relation to the game and fish preserves for which commissions are hereby abolished.
(a) Bayou Bonne Idee Game and Fish Commission (Act No. 248 of the 1952 Regular Session of the Legislature, as amended).
(b) Bayou Pierre State Game and Fish Commission (Act No. 139 of the 1934 Regular Session of the Legislature, as amended).
(c) Beauregard Old River Game and Fish Preserve Commission (Act No. 266 of the 1958 Regular Session of the Legislature, as amended).
(d) Bundicks Game and Fish Commission (Act No. 33 of the 1956 Regular Session of the Legislature, as amended).
(e) Cocodrie Lake Game and Fish Commission (Act No. 38 of the 1957 Regular Session of the Legislature, as amended).
(f) Lake Fields Game and Fish Management Commission (Act No. 379 of the 1966 Regular Session of the Legislature, as amended).
(g) Spanish Lake State Game and Fish Commission (Act No. 261 of the 1940 Regular Session of the Legislature, as amended).
(2) The game and fish preserves created by the following Acts, as amended, are hereby placed within the Department of Wildlife and Fisheries and shall exercise and perform their powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:851 et seq.:
(a) St. Martin-Lafayette Game and Fish Preserve (Act No. 337 of the 1950 Regular Session of the Legislature, as amended).
(b) Cornie Lake Game and Fish Preserve (Act No. 190 of the 1934 Regular Session of the Legislature, as amended).
(c) Turkey Creek Game and Fish Preserve (Act No. 159 of the 1938 Regular Session of the Legislature, as amended).
(d) West Atchafalaya Floodway Game and Fish Management Preserve (Act No. 565 of the 1960 Regular Session of the Legislature, as amended).
(e) Hard Water Lake State Game and Fish Preserve (Act No. 560 of the 1968 Regular Session of the Legislature, as amended).
(3) The following agencies are hereby placed within the Department of Wildlife and Fisheries and shall exercise and perform their powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:851 et seq.:
(a) Lake Catherine and Lake Pontchartrain Sanctuary (Act No. 476 of the 1954 Regular Session of the Legislature, as amended).
(b) Catahoula Lake Game and Fish Preserve (Act No. 320 of the 1952 Regular Session of the Legislature, as amended).
(c) Lake Bistineau State Game and Fish Preserve (Act No. 43 of the 1930 Regular Session of the Legislature, as amended).
(d) Black Bayou Game and Fish Preserve (Act No. 39 of the 1940 Regular Session of the Legislature, as amended).
(e) Cheniere Brake Fish Preserve (Act No. 88 of the 1940 Regular Session of the Legislature, as amended).
C. The following agencies are placed within the Department of Wildlife and Fisheries and shall exercise and perform their powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:901 et seq.:
(1) Lake Fausse Point, Lake Dauterive, and Grande Avoille Cove Advisory Board (R.S. 56:796), except that the board may solicit, receive, and expend funds as authorized by law.
(2) Hunting and Fishing Advisory Education Council (R.S. 56:699.21 et seq.).
(3) Louisiana Artificial Reef Development Council (R.S. 56:639.1 et seq.).
(4) Louisiana Fur Advisory Council (R.S. 56:266).
(5) Louisiana Alligator Advisory Council (R.S. 56:278 and 279).
D. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
E. Repealed by Acts 2013, No. 228, §3, eff. July 1, 2013.
F-I. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
J. Repealed by Acts 2019, No. 434, §6, eff. June 30, 2019.
K. Repealed by Acts 2016, No. 203, §2.
L. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
M. Repealed by Acts 2014, No. 832, §5.
N. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1981, No. 422, §1; Acts 1981, No. 490, §2; Acts 1981, No. 858, §1, eff. Jan. 1, 1982; Acts 1981, No. 890, §2; Acts 1984, No. 883, §1, eff. Aug. 1, 1985; Acts 1984, No. 911, §1; Acts 1986, No. 100, §2, eff. June 23, 1986; Acts 1986, No. 120, §1; Acts 1986, No. 455, §2, eff. July 2, 1986; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1990, No. 562, §1; Acts 1995, No. 116, §2; Acts 1995, No. 1262, §1; Acts 1999, No. 439, §1; Acts 2001, No. 57, §1, eff. May 24, 2001; Acts 2001, No. 116, §1, eff. May 25, 2001; Acts 2004, No. 185, §1, eff. June 10, 2004; Acts 2004, No. 613, §1, eff. Jan. 1, 2005; Acts 2005, No. 428, §1, eff. July 1, 2005; Acts 2008, No. 272, §1; Acts 2008, No. 544, §2, eff. July 1, 2008; Acts 2008, No. 548, §1; Acts 2008, No. 922, §1, eff. July 14, 2008; Acts 2009, No. 361, §2; Acts 2010, No. 606, §1; Acts 2010, No. 861, §17; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2013, No. 184, §§12, 14(B); Acts 2013, No. 228, §3, eff. July 1, 2013; Acts 2014, No. 208, §1; Acts 2014, No. 832, §5; Acts 2016, No. 203, §2; Acts 2019, No. 238, §3; Acts 2019, No. 434, §6, eff. June 30, 2019; Acts 2022, No. 623, §§4, 9, 11C, eff. July 1, 2022; Acts 2022, No. 714, §1, eff. June 18, 2022.
A. The Department of Agriculture and Forestry is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge. The department shall be known as the Department of Agriculture and Forestry.
B. The Department of Agriculture and Forestry, through its offices and officers, shall be responsible for performing the functions of the commissioner of agriculture and forestry and the agencies transferred into this department in accordance with the provisions of this Title.
C.(1) The Department of Agriculture and Forestry shall be composed of the executive office of the commissioner, the office of forestry, the office of management and finance, the office of agricultural and environmental sciences, the office of agro-consumer services, the office of animal health and food safety, the office of soil and water conservation, and such other offices as shall be created by law.
(2) Whenever the commissioner of agriculture and forestry determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Acts 1986, No. 581, §2, eff. July 2, 1986; Acts 1987, No. 736, §1; Acts 1988, No. 91, §1; Acts 2008, No. 52, §2, eff. June 5, 2008; Acts 2008, No. 920, §4, eff. July 14, 2008; Acts 2009, No. 24, §3, eff. June 12, 2009.
NOTE: SEE ACTS 1987, NO. 736, §3.
NOTE: SEE ACTS 1990, NO. 601, §§3-5.
NOTE: See Acts 2009, No. 24, §§9-11 relative to transfer of certain authority to the La. Agricultural Finance Authority (associated with abolition of office of marketing and agro-economic development and State Market Commission).
A. The officers of the department shall be the commissioner of agriculture and forestry, the assistant commissioner for management and finance, the deputy commissioner, if a deputy commissioner is appointed, the confidential assistant, and an assistant commissioner for each office of the department. With the exception of the commissioner of agriculture and forestry, each of them shall be selected as provided in this Title. They shall perform functions as provided in this Title. If a deputy commissioner is appointed, he shall be the first assistant to the commissioner appointed pursuant to Article IV, Section 13 of the constitution. If a deputy commissioner is not appointed, the commissioner shall appoint his first assistant to the office of assistant commissioner for management and finance or to one of the offices of assistant commissioner.
B. No person serving as commissioner of agriculture and forestry, deputy commissioner, assistant commissioner for management and finance, confidential assistant, or assistant commissioner shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices.
C. Notwithstanding any provision herein to the contrary, subject to approval of the commissioner of agriculture and forestry, any person serving as assistant commissioner for management and finance, deputy commissioner, confidential assistant, or assistant commissioner, may receive additional compensation for part-time services rendered as an instructor in post-secondary educational institutions, or as a member of the National Guard.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1980, No. 497, §1; Acts 2009, No. 24, §3, eff. June 12, 2009.
The commissioner of agriculture and forestry shall serve as the executive head and chief administrative officer of the Department of Agriculture and Forestry and shall have the responsibility for the policies of the department, except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2009, No. 24, §3, eff. June 12, 2009.
A. In addition to the functions, powers, and duties otherwise vested in the commissioner of agriculture by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the legislature and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant commissioner, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.
(6) Make and publish an annual report to the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon request of the legislature, or any committee or member thereof.
(7) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action. A copy of the report and recommended legislation shall also be submitted by the commissioner to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(8) Prepare, undertake, or administer, or in necessary cases, direct one of the offices within the department or its deputy commissioner to prepare, undertake, or administer necessary studies, research projects, or programs regarding the development and utilization of agricultural products as a source of fuel or a fuel extender.
(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The commissioner may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (6) of this Subsection.
B. The commissioner of agriculture and forestry shall have authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the commissioner and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it;
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis, and
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(iv) Notwithstanding any law to the contrary, except R.S. 36:801 and 803, and except as otherwise provided in this Title or Title 3 with respect to personnel of boards, commissions, departments, and agencies transferred to the Department of Agriculture and Forestry pursuant to R.S. 36:629 or created within the Department of Agriculture and Forestry pursuant to R.S. 3:415, 558.3, or 1604, employ, appoint, remove, assign, and promote all personnel of the department and may delegate that authority, in writing, to each of the assistant commissioners.
(b) All of the above are to be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the Department of Agriculture and Forestry, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to legislative approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or concurrent resolution of the legislature.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to employment and management.
(5) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.
C. The commissioner of agriculture shall have the authority to administer a seafood program that includes the promotion and marketing of Louisiana seafood in coordination with the Louisiana Seafood Promotion and Marketing Board and regulating imported seafood to ensure health and safety, including the administration of any funds allocated or appropriated for the specific purposes of the program.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1981, No. 223, §1; Acts 1987, No. 736, §1; Acts 1993, No. 635, §1; Acts 2009, No. 24, §3, eff. June 12, 2009; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2; Acts 2025, No. 300, §3, eff. June 11, 2025.
There may be a deputy commissioner of the department, who shall be appointed by the commissioner of agriculture and forestry with consent of the Senate and who shall serve at the pleasure of the commissioner of agriculture and forestry at a salary fixed by the commissioner of agriculture and forestry which salary shall not exceed the amount approved for such position by the legislature. If appointed, the deputy commissioner shall be the first assistant of the commissioner of agriculture and forestry. The duties and functions of the deputy commissioner shall be determined and assigned by the commissioner of agriculture and forestry. He shall serve as acting commissioner of agriculture and forestry in the absence of the commissioner as provided by law.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2009, No. 24, §3, eff. June 12, 2009.
A. There shall be an assistant commissioner for management and finance of the Department of Agriculture and Forestry who shall be appointed by the commissioner of agriculture and forestry with the consent of the Senate and who shall serve at the pleasure of the commissioner of agriculture and forestry at a salary fixed by the commissioner of agriculture and forestry which salary shall not exceed the amount approved for such position by the legislature while in session. The assistant commissioner for management and finance shall be directly responsible to and shall perform his functions under the supervision and control of the commissioner of agriculture and forestry.
B. The assistant commissioner for management and finance shall direct and be responsible for the functions of the office of management and finance within the Department of Agriculture and Forestry. In such capacity he shall be responsible for accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Agriculture and Forestry, except as otherwise specifically provided in this Title.
C. The duties and functions of the office of management and finance and of the assistant commissioner for the office of management and finance shall be as provided in this Section, and these duties and functions shall not be subject to change by the commissioner, except that the assistant commissioner for the office of management and finance shall perform such additional duties and functions as are assigned by the commissioner.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1980, No. 497, §1; Acts 2009, No. 24, §3, eff. June 12, 2009.
There may be a confidential assistant to the commissioner, who shall be appointed by the commissioner with consent of the Senate and who shall serve at the pleasure of the commissioner at a salary fixed by the commissioner, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the confidential assistant to the commissioner shall be determined and assigned by the commissioner. If appointed, he shall serve as acting commissioner in the absence of the commissioner and the deputy commissioner.
Added by Acts 1980, No. 497, §1.
A. In addition to the office of management and finance, each other office within the Department of Agriculture and Forestry shall be under the immediate supervision and direction of an assistant commissioner. The assistant commissioner of each such office, except the office of forestry and the office of soil and water conservation, shall be appointed by the commissioner with the consent of the Senate. The state forester shall serve as the assistant commissioner for the office of forestry. The director of the State Soil and Water Conservation Commission shall serve as the assistant commissioner for the office of soil and water conservation. Each assistant commissioner, except the assistant commissioner for the office of forestry and the assistant commissioner for the office of soil and water conservation, shall serve at the pleasure of the commissioner. Each assistant commissioner shall be paid a salary which shall be fixed by the commissioner and which shall not exceed the amount approved for such position by the legislature while in session. The state forester shall be selected as provided by law and with the consent of the Senate. The director of the State Soil and Water Conservation Commission shall be selected as provided by law.
B. Except as otherwise expressly provided in this Title, the duties and functions of each office and its assistant commissioner shall be determined by the commissioner, and all of such duties and functions shall be exercised under the direct supervision and control of the commissioner of agriculture.
C. Except as otherwise provided in R.S. 36:801, each assistant commissioner shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of his office and its programs and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws.
D. Each assistant commissioner shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the commissioner of agriculture.
E. Repealed by Acts 2009, No. 24, §7, eff. June 12, 2009.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1980, No. 497, §1; Acts 1981, No. 158, §2; Acts 1986, No. 581, §2, eff. July 2, 1986; Acts 1988, No. 91, §1; Acts 2008, No. 920, §4, eff. July 14, 2008; Acts 2009, No. 24, §7, eff. June 12, 2009.
A. The purposes for which the offices of the Department of Agriculture and Forestry are created shall be as set forth in this Section.
B. Repealed by Acts 2009, No. 24, §7, eff. June 12, 2009.
C.(1) The office of agricultural and environmental sciences shall administer the provisions of law relating to fertilizers, seeds, plant diseases, pesticides, horticulture, and apiaries. The office shall perform technical services and laboratory functions for the farmers of the state and shall perform functions designed to expand and improve seed certification; increase production of rice and nursery stock; monitor and provide for the prevention, control, and eradication of regulated and exotic crop pests or diseases endangering Louisiana's agricultural, horticultural, and apiary industries; assure that products certified for export are free from pests; oversee the qualifications and practices of persons engaged in the green industry; sample pesticides, fertilizer, seed, and agricultural materials to assure that they meet all requirements of law and regulation; assure the proper labeling, distribution, storage, sale, offering for sale, and application of pesticides; license and regulate pesticide applicators and pest control companies; regulate the treatment, storage, and disposal of pesticide wastes; and perform other related functions, all in accordance with applicable law.
(2) The division of pesticide and environmental programs within the office of agricultural and environmental sciences shall administer the provisions of law relating to the treatment, storage, or disposal of pesticide wastes. The division shall coordinate programs for pesticide waste control with the appropriate agencies or departments within the state and federal government.
D. The office of agro-consumer services shall perform the functions of the state relating to the inspection of dairy products, the regulation of weights and measures, the licensing and inspection of statewide bonded warehouses, grain dealers, and cotton merchants and other such functions which insure quality agricultural products for the consumer, all in accordance with applicable law.
E. The office of animal health and food safety shall be responsible for the inspection of meat, fruits, and vegetables, the control and eradication of infectious diseases that affect the livestock and poultry industries of the state, the control of livestock theft and denying a market for stolen cattle and horses in Louisiana, the regulation of the manufacturing and sale of commercial feeds, and the enforcement of Louisiana-grown products and performance of other related functions, all in accordance with applicable law.
F. The office of forestry, under the direction of the commissioner, shall perform the functions of the state relating to the practice of forestry, in accordance with the policies established by the forestry commission, including the administration and supervision of the programs of the state for the protection, management, and preservation of this natural resource; shall execute the state laws relating to forestry and reforestation; and shall cooperate with the United States Forest Service in accordance with law.
G. The office of soil and water conservation, under the direction of the commissioner, shall perform the functions of the state relating to soil and water conservation.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1980, No. 497, §1; Acts 1981, No. 158, §2; Acts 1981, No. 391, §2; Acts 1986, No. 581, §2, eff. July 2, 1986; Acts 1988, No. 91, §1; Acts 2008, No. 920, §4, eff. July 14, 2008; Acts 2009, No. 24, §§3 and 7, eff. June 12, 2009; Acts 2010, No. 861, §17; Acts 2017, No. 52, §1; Acts 2020, No. 80, §1.
NOTE: See Acts 2009, No. 24, §§9-11 relative to transfer of certain authority to the La. Agricultural Finance Authority (associated with abolition of office of marketing and agro-economic development and State Market Commission).
A. For purposes of this Chapter, references in Chapters 22 and 24 of this Title to "secretary" shall refer to the commissioner of agriculture and forestry, references to the "undersecretary" shall refer to the assistant commissioner for management and finance, and references to an "assistant secretary" shall refer to an assistant commissioner, except the assistant commissioner for management and finance.
B. The following agencies are transferred to and hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that they shall continue to appoint their own director and assistant director or personnel to fill comparable positions as authorized by law:
(1) Structural Pest Control Commission (R.S. 3:3361 et seq.).
(2) Louisiana Board of Animal Health (R.S. 3:2091 et seq. and other provisions of Title 3 of the Louisiana Revised Statutes of 1950 that apply to the board). Notwithstanding the provisions of this Subsection, the Louisiana Board of Animal Health shall serve solely in an advisory capacity with respect to the meat inspection program, as provided in R.S. 3:4222(C).
(3) Louisiana Commission of Weights and Measures (R.S. 3:4601 et seq.).
(4) Louisiana Animal Control Advisory Task Force (R.S. 3:2364).
C. The following agencies are transferred to and hereinafter shall be within the Department of Agriculture and Forestry, as provided in R.S. 36:901 et seq., except that the agencies shall continue to appoint their own directors and assistant directors or personnel to fill comparable positions as provided by law:
(1) Livestock Brand Commission (R.S. 3:731 et seq.).
(2) Louisiana Advisory Commission on Pesticides (R.S. 3:3211 et seq.).
D. The following agencies are transferred to and hereinafter shall be within the Department of Agriculture and Forestry, as provided in R.S. 36:802, except that the commissioner of agriculture shall return all funds that he collects for the agency, including proceeds from assessments and license fees, to the agency less the actual cost of collecting the assessment or license fee. Each such agency shall continue to control its own funds subject to the budgetary review of the commissioner of agriculture and the deputy commissioner for management and finance. In addition, each of the agencies provided for in this Subsection shall continue to appoint its own director and assistant director or personnel to fill comparable positions as authorized by law:
(1) Louisiana Egg Commission (R.S. 3:835 et seq.).
(2) Louisiana Rice Promotion Board (R.S. 3:3531 et seq.).
(3) Louisiana Rice Research Board (R.S. 3:3541 et seq.).
(4) Louisiana Soybean and Grain Research and Promotion Board (R.S. 3:3551 et seq.).
(5) Louisiana Strawberry Marketing Board (R.S. 3:730.1 et seq.).
(6) Louisiana Beef Industry Council (R.S. 3:2051 et seq.).
(7) Louisiana Crawfish Promotion and Research Board (R.S. 3:556.1 et seq.).
E. The Louisiana Sweet Potato Advertising and Development Commission (R.S. 3:1741 et seq.) is hereby transferred to and hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that the commissioner of agriculture shall return all funds that he collects for the agency, including proceeds from assessments and license fees, to the agency less the actual cost of collecting the assessment or license fee. The Louisiana Sweet Potato Advertising and Development Commission shall continue to control its own funds subject to the budgetary review of the commissioner of agriculture and the deputy commissioner for management and finance. In addition, the commission shall continue to employ its own director and such other personnel as is necessary to carry out its functions as provided by law.
F. The Dairy Stabilization Board (R.S. 3:4101 et seq.) is hereby transferred to and hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:901 et seq.
G. The Horticulture Commission of Louisiana (R.S. 3:3801) is transferred to and hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802.
H. The following agencies are placed within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that the agencies, subject to the approval of the commissioner of agriculture and forestry, shall appoint their own directors and assistant directors:
(1) The Louisiana Agricultural Commodities Commission (R.S. 3:3401 et seq.).
(2) The Louisiana Agricultural Finance Authority (R.S. 3:261 et seq.).
I. The Dairy Industry Promotion Board (R.S. 3:4151 et seq.) hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that the commissioner of agriculture shall return all funds that he collects for the agency, including proceeds from assessments and penalties, to the agency, less the actual cost of collecting the assessments or penalties. The board shall control its own funds subject to the budgetary review of the assistant commissioner for management and finance and the budgetary approval of the commissioner of agriculture. In addition, the board shall appoint its own director and assistant director, subject to the provisions of R.S. 3:4151 et seq.
J. The Louisiana Forestry Commission (Article IX, Section 8(B) and (C) of the Constitution of Louisiana and Chapter 28 of Title 3 of the Louisiana Revised Statutes of 1950) hereafter shall be within the Department of Agriculture and Forestry in accordance with the provisions of R.S. 36:802, except as otherwise provided in this Subsection:
(1) The Louisiana Forestry Commission shall appoint the state forester as provided in Article IX, Section 8(C) of the Constitution of Louisiana and with the consent of the Senate. He shall serve as the assistant commissioner for the office of forestry and as secretary to the Louisiana Forestry Commission.
(2) All employees of the office of forestry of the Department of Conservation and Energy are transferred to the office of forestry of the Department of Agriculture and Forestry.
(3) An appropriate percentage of the administrative employee positions, and the employees holding those positions, of the Louisiana Forestry Commission which were transferred to the Department of Conservation and Energy are transferred to the Department of Agriculture and Forestry. The secretary of natural resources and the commissioner of agriculture and forestry shall jointly determine the appropriate number of administrative positions and personnel to be transferred. This determination and the resulting transfer shall be effected no later than the last day of September of 1986.
(4) All funds appropriated to the Louisiana Forestry Commission and the office of forestry of the Department of Conservation and Energy shall be transferred to those entities in the Department of Agriculture and Forestry.
(5) Any appropriation for Fiscal Year 1986-1987 to the Louisiana Forestry Commission or the office of forestry within the Department of Conservation and Energy shall be deemed to be appropriated to those entities within the Department of Agriculture and Forestry.
(6) All property and facilities owned and operated by or leased by or for the Louisiana Forestry Commission or the office of forestry of the Department of Conservation and Energy are transferred to those entities within the Department of Agriculture and Forestry.
(7) The fleet of airplanes operated by the Louisiana Forestry Commission and the office of forestry of the Department of Conservation and Energy is specifically transferred to the Department of Agriculture and Forestry. All airplanes operated by the Department of Agriculture and Forestry shall be under the exclusive jurisdiction of that department. Subject to the provisions of R.S. 2:1 et seq., the department may provide guidelines and procedures for the use and operation of its aircraft.
(8) The office of forestry of the Department of Agriculture and Forestry shall be the successor of the office of forestry of the Department of Conservation and Energy. For purposes of the transfer of functions of the office of forestry from the Department of Conservation and Energy to the Department of Agriculture and Forestry, the Department of Agriculture and Forestry shall be the successor to the Department of Conservation and Energy. All unfinished business of the former office and of the former department related thereto shall be completed by, all references in laws and documents to the former office and to the former department related thereto shall be deemed to refer to, and all obligations of the former office and of the former department related thereto shall be the obligations of the successor office and department. All legal proceedings of the former office and of the former department related thereto shall be continued in the name of the former office and department, and further proceedings shall be in the name of the successor office and department without the necessity for amendment of any document.
K. The State Soil and Water Conservation Commission (R.S. 3:1204) hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that the director and assistant director of the commission shall be employed as provided by law.
L. The following agencies are transferred to the Department of Agriculture and Forestry and shall perform and exercise their powers, duties, functions, and responsibilities as provided by law:
(1) The Boll Weevil Eradication Commission (R.S. 3:1601 et seq.).
(2) The Agriculture Chemistry and Seed Commission (R.S. 3:1381 et seq.).
(3) The Louisiana Equine Promotion and Research Advisory Board (R.S. 3:2071 et seq.).
(4) The Louisiana Industrial Hemp Promotion and Research Program (R.S. 3:1491 et seq.).
(5) The Seafood Safety Task Force (R.S. 40:5.5.3).
M. The Louisiana Board of Veterinary Medicine (R.S. 37:1511 et seq.) is hereby transferred to and placed within the Department of Agriculture and Forestry as provided in R.S. 36:803.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1978, No. 119, §1; Acts 1978, No. 320, §2; Acts 1980, No. 427, §2; Acts 1981, No. 158, §2; Acts 1981, No. 621, §2, eff. Jan. 1, 1982; Acts 1982, No. 137, §4, eff. July 12, 1982; Acts 1982, No. 160, §1; Acts 1982, No. 198, §3, eff. Jan. 1, 1983; Acts 1982, No. 443, §3, eff. Jan. 1, 1983; Acts 1982, No. 563, §2, eff. Jan. 1, 1983; Acts 1982, No. 698, §1; Acts 1983, No. 679, §2. Acts 1983, No. 96, §2, eff. June 23, 1983; Acts 1983, No. 526, §2, eff. July 8, 1983; Acts 1984, No. 800, §3, eff. July 13, 1984; Acts 1985, No. 120, §1; Acts 1985, No. 880, §4, eff. July 23, 1985; Acts 1985, No. 917, §2, eff. July 23, 1985; Acts 1986, No. 581, §2, eff. July 2, 1986; Acts 1988, No. 91, §1; Acts 1989, No. 662, §8, eff. July, 7, 1989; Acts 1991, No. 134, §2, eff. June 30, 1991; Acts 1991, No. 579, §2, eff. July 16, 1991; Acts 1992, No. 1058, §2; Acts 1997, No. 1116, §2; Acts 2003, No. 1253, §2; Acts 2004, No. 865, §2, eff. July 12, 2004; Acts 2004, No. 913, §2, eff. July 1, 2004; Acts 2005, No. 428, §3, eff. July 1, 2005; Acts 2006, No. 713, §4, eff. July 1, 2006; Acts 2008, No. 62, §2, eff. June 5, 2008; Acts 2008, No. 920, §4, eff. July 14, 2008; Acts 2009, No. 24, §§3 and 7, eff. June 12, 2009; Acts 2010, No. 388, §2; Acts 2010, No. 743, §2C, eff. July 1, 2010; Acts 2010, No. 861, §17; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2013, No. 26, §§2, 4, eff. May 23, 2013; Acts 2013, No. 184, §10; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2014, No. 832, §4; Acts 2017, No. 422, §3; Acts 2018, No. 515, §1; Acts 2021, No. 20, §§5, 10B, 10D; Acts 2021, No. 168, §2, eff. June 11, 2021; Acts 2021, No. 262, §1, eff. June 14, 2021; Acts 2022, No. 462, §2; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2025, No. 300, §3, eff. June 11, 2025.
NOTE: See Acts 2009, No. 24, §§9-11 relative to transfer of certain authority to the La. Agricultural Finance Authority (associated with abolition of office of marketing and agro-economic development and State Market Commission).
In furtherance of its constitutional mandate to provide for the education of the people of the state and to establish and maintain a public educational system and to allocate within not more than twenty departments the functions and responsibilities of all offices and agencies within the executive branch of state government, the legislature enacts this Chapter.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The Department of Education is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.
B. The Department of Education, through its offices, officers, and management boards shall, in accordance with law, provide for the education of the people of the state and shall be the agency through which the state administers the functions of the state superintendent of education, the Board of Elementary and Secondary Education, the Board of Regents, the Board of Supervisors for the University of Louisiana System, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, and the Board of Supervisors of Community and Technical Colleges, as provided by the constitution and laws of this state and this Title.
C.(1) The Department of Education shall be composed of the executive office of the state superintendent, the office of management and finance, the office of district support, and such other offices as shall be created by law.
(2) Whenever the state superintendent determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.
D.(1) In accordance with their constitutional mandate, the Board of Regents, the Board of Supervisors for the University of Louisiana System, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, and the Board of Supervisors of Community and Technical Colleges, and the State Board of Elementary and Secondary Education shall be responsible for performing their respective functions of education in the state of Louisiana, and each such board shall retain all of its powers, duties, and responsibilities as provided by the constitution and by law.
(2) The Louisiana Student Financial Assistance Commission within the Board of Regents, as provided by law, shall be responsible for the supervision, control, direction, and administration of the state programs on higher education financial assistance and the scholarship programs transferred to it.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1978, No. 135, §3; Acts 1978, No. 550, §1; Acts 1979, No. 349, §3; Acts 1987, No. 736, §1; Acts 1989, No. 190, §2, eff. June, 26, 1989; Acts 1997, No. 19, §1, eff. May 14, 1997; Acts 2003, No. 393, §2, eff. June 18, 2003; Acts 2009, No. 409, §3, eff. July 1, 2009; Acts 2010, No. 861, §17; Acts 2011, No. 302, §1, eff. June 28, 2011; Acts 2012, No. 441, §2; Acts 2013, No. 327, §1; Acts 2021, No. 468, §2, eff. July 1, 2021.
A. The officers of the department shall be the state superintendent of education, the deputy state superintendent of education if a deputy state superintendent of education is appointed, the deputy superintendent of management and finance, and the deputy superintendent of district support. With the exception of the state superintendent of education, each of them shall be selected as provided in this Title. They shall perform functions as provided in this Title.
B. No person serving as a state superintendent, deputy state superintendent, or deputy superintendent shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices.
C. Notwithstanding any provision of this Section to the contrary, subject to approval of the state superintendent, any person serving as deputy state superintendent or deputy superintendent may receive additional compensation for part-time services rendered as an instructor in post-secondary educational institutions or as a member of the National Guard.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2011, No. 302, §1, eff. June 28, 2011; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2013, No. 327, §1; Acts 2021, No. 468, §2, eff. July 1, 2021.
The state superintendent of education shall serve as the executive head and chief administrative officer of the Department of Education and shall have the responsibility for implementing educational policies, except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department to the extent provided by this Title.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2013, No. 327, §1.
A. In addition to the functions, powers, and duties otherwise vested in the state superintendent by law, he shall:
(1) Represent the public interest in the administration of this Chapter and be responsible to the legislature and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title and by the Louisiana Constitution.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Except for agencies transferred as provided in R.S. 36:801.1, and except for provisions of the constitution to the contrary, act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its deputy superintendent, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.
(6) Make and publish an annual report to the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department and make other reports and recommendations on his own initiative or upon request of the legislature or any committee or member thereof.
(7) Provide for the ongoing merger and consolidation of the agencies and functions transferred to the department and submit a report thereon to the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices and administrative and programmatic divisions of the department, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action. A copy of the report and recommended legislation shall also be submitted by the state superintendent to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(8) Perform the functions of the state relating to personnel management of the department in accordance with applicable law.
(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The state superintendent may submit the report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (6) of this Subsection.
B. The state superintendent shall have authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801, 801.1, 801.2, and 803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the state superintendent and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis, and
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(b) All of the above are to be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the Department of Education, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to legislative approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by concurrent resolution of the legislature.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to employment and management.
(5) Do such other things not inconsistent with law, as are necessary to perform properly the functions vested in him.
C. The state superintendent shall perform and exercise his powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:801.2 and the constitution.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1987, No. 736, §1; Acts 1989, No. 190, §2, eff. June, 26, 1989; Acts 2011, No. 302, §1, eff. June 28, 2011; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2013, No. 327, §1; Acts 2016, No. 557, §2.
There may be a deputy state superintendent of the department, who shall be appointed by the state superintendent with consent of the Senate. He shall serve at the pleasure of the state superintendent at a salary fixed by the state superintendent, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the deputy state superintendent shall be determined and assigned by the state superintendent. He shall serve as acting state superintendent in the absence of the state superintendent. If no deputy state superintendent is appointed, the state superintendent shall designate the deputy superintendent of management and finance or the deputy superintendent of district support to serve in his absence.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2011, No. 302, §1, eff. June 28, 2011; Acts 2013, No. 327, §1.
Repealed by Acts 2011, No. 302, §3, eff. June 28, 2011.
A. The office of management and finance and office of district support shall each be under the immediate supervision and direction of a deputy superintendent, who shall be appointed by the state superintendent with consent of the Senate. Each shall serve at the pleasure of the state superintendent and shall be paid a salary which shall be fixed by the state superintendent and shall not exceed the amount approved for such position by the legislature while in session.
B. Except as otherwise expressly provided in this Title, the duties and functions of each office and its deputy superintendent shall be determined by the state superintendent, and all of such duties and functions shall be exercised under the direct supervision and control of the state superintendent.
C. Each deputy superintendent shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the state superintendent.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1997, No. 19, §2, eff. May 14, 1997; Acts 2011, No. 302, §1, eff. June 28, 2011; Acts 2013, No. 327, §1.
A. The Special School District shall be under the administration and supervision of a superintendent who shall be appointed by the district's board of directors, subject to confirmation by the Senate.
B. The salary of the superintendent shall be fixed by the district's board of directors and shall not exceed the amount approved for such position by the legislature while in session.
C. The superintendent shall exercise his duties and functions under the oversight of the district's board of directors.
Acts 2011, No. 302, §1, eff. June 28, 2011; Acts 2012, No. 441, §2; Acts 2021, No. 468, §2, eff. July 1, 2021.
A. The purposes for which the offices in the Department of Education are created shall be as set forth in this Section.
B. The office of management and finance shall perform the functions of the state relating to accounting and budget control, procurement and contract management, management and program analysis, and grants management, all in accordance with applicable law.
C. The office of district support shall support local education agencies in identifying opportunities and resources for improved instructional leadership, effective policy and practice, and comprehensive intervention in their lowest-performing schools. It shall serve as the office having primary responsibility for communications with and support for all local superintendents, charter school leaders, and school administrative staff throughout the state.
Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 550, §2; Acts 1981, No. 267, §1; Acts 1988, No. 896, §2, eff. July 21, 1988; Acts 1989, No. 190, §2, §3, eff. June, 26, 1989; Acts 1990, No. 993, §2, eff. July 26, 1990; Acts 1997, No. 19, §§1, 2, eff. May 14, 1997; Acts 2010, No. 132, §2, eff. July 1, 2010; Acts 2010, No. 732, §2, eff. July 1, 2010; Acts 2011, No. 302, §1, eff. June 28, 2011; Acts 2013, No. 327, §1.
NOTE: See Acts 2010, No. 132, §4, and Acts 2010, No. 732, §4, relative to transfer of adult education programs from BESE to the Board of Supervisors of Community and Technical Colleges, including provisions for administrative rules.
A. The office of student financial assistance shall perform the functions of the state relating to the programs of financial assistance and the certain scholarship programs for higher education, all in accordance with applicable law.
B. Repealed by Acts 2012, No. 251, §9; Acts 2012, No. 811, §17, eff. July 1, 2012.
Acts 1988, No. 631, §2; Acts 1990, No. 1054, §1; Acts 2012, No. 251, §9; Acts 2012, No. 811, §17, eff. July 1, 2012.
A. For purposes of this Chapter, references in Chapters 22 and 24 of this Title to the "secretary" shall refer to the state superintendent of education, references to the "undersecretary" shall refer to the deputy superintendent for the office of management and finance, and references to an "assistant secretary" shall refer to a deputy superintendent.
B. The following agencies are hereby transferred to the Department of Education and shall exercise and perform their powers, duties, functions, and responsibilities as provided in R.S. 36:801:
(1) The Louisiana Educational Television Authority (R.S. 17:2501 et seq.).
(2) The office of instructional technology (R.S. 17:3921 et seq.).
C. The following agencies are transferred to and hereafter shall be within the Department of Education as provided in R.S. 36:801.1:
(1) The Board of Supervisors for the University of Louisiana System (Article VIII, Section 6 of the Constitution of Louisiana; R.S. 17:1831 et seq. and 3201 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes of 1950 that apply to the board).
(2) The Board of Regents (Article VIII, Section 5 of the Constitution of Louisiana; R.S. 17:3121 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes of 1950 that apply to the board).
(3) The Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (Article VIII, Section 7 of the Constitution of Louisiana; R.S. 17:1453 et seq. and 3201 et seq. and other provisions of the Louisiana Revised Statutes of 1950 that apply to the board).
(4) The Board of Supervisors of Southern University and Agricultural and Mechanical College (Article VIII, Section 7 of the Constitution of Louisiana; R.S. 17:1851 et seq. and 3201 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes of 1950 that apply to the board).
(5) The Board of Supervisors of Community and Technical Colleges (Article VIII, Section 7.1 of the Constitution of Louisiana; R.S. 17:1871 et seq. and 3201 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes of 1950 that apply to the board).
(6) The board of directors for the New Orleans Center for Creative Arts (R.S. 17:1970.21 et seq.).
(7) The board of directors of Thrive Academy (R.S. 17:1971 et seq.).
(8) Repealed by Acts 2022, No. 592, §3B, eff. June 17, 2022.
(9) The board of directors for the Jimmy D. Long, Sr. Louisiana School for Math, Science, and the Arts (R.S. 17:1961 et seq.).
(10) The Quality Science and Mathematics Council (R.S. 17:371 et seq.).
(11) The Governor's Program for Gifted Children (R.S. 17:1989.1 et seq.).
(12) The Special School District and its board of directors (R.S. 17:1945 and 1945.1).
(13) The École Pointe-au-Chien board of directors (R.S. 17:1977.1 et seq.).
D. The State Board of Elementary and Secondary Education (Article VIII, Section 3 of the Constitution of Louisiana; R.S. 17:1 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes of 1950 that apply to the board) is hereby transferred to and hereafter shall be within the Department of Education as provided in R.S. 36:801, except that the board shall be authorized to employ, appoint, remove, assign, and promote such personnel as are necessary for the board to perform its functions as provided by law and by the Constitution of Louisiana and the superintendent shall administer and implement all programs provided or authorized for the board, except as otherwise provided by law or by the Constitution of Louisiana, in accordance with the policies, rules, and regulations established by the board in accordance with the provisions of the Constitution of Louisiana and applicable laws.
E. The following agencies are placed within the Department of Education and shall exercise and perform their powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:802:
(1) The Recovery School District (R.S. 17:1990).
(2) Repealed by Acts 2025, No. 210, §3.
F. The following agencies are transferred to and hereafter shall be within the Department of Education as provided in R.S. 36:901 et seq.:
(1) The College and Career Readiness Commission (R.S. 17:3951).
(2) The Agricultural Education Commission (R.S. 17:185.4).
(3) The ABLE Account Advisory Council (R.S. 17:3089).
(4) The task force on student proficiency (R.S. 17:24.4(I)).
(5) The Early Childhood Care and Education Commission (R.S. 17:407.101).
(6) The Cybersecurity Education Management Council (R.S. 17:3138.9).
(7) The Computer Science Education Advisory Commission (R.S. 17:187.3).
(8) The Louisiana Literacy Advisory Commission (R.S. 17:410.11).
G. The State Department of Education (R.S. 17:24 as provided in Act No. 274 of the 1975 Regular Session of the Legislature) is hereby abolished and its powers, duties, functions, and responsibilities are transferred to the superintendent of education of the Department of Education and hereafter shall be exercised and performed as provided in R.S. 36:921 et seq.
H. The public colleges and universities, the vocational-technical schools of the state, and all special schools under the jurisdiction of any agency transferred to the department are hereby transferred into the Department of Education and shall be governed as provided by the constitution and laws of this state.
I. The advisory councils to postsecondary vocational-technical schools (R.S. 17:1998) are transferred to and hereafter shall be within the Department of Education but shall retain their function of advising the Board of Supervisors of Community and Technical Colleges.
J. The Advisory Commission on Proprietary Schools (R.S. 17:3140.1 et seq.) is placed within the Department of Education and shall exercise and perform its powers, duties, functions, and responsibilities in the manner provided in R.S. 36:801. However, the commission shall exercise all powers, duties, functions, and responsibilities provided or authorized for the commission by the Constitution of Louisiana and laws, and particularly the provisions of R.S. 17:3140.1 through 3140.17, and shall exercise all such powers, duties, functions, and responsibilities in the manner and to the extent so provided or authorized. The agency shall be under the jurisdiction of the Board of Regents, and the Board of Regents shall have such powers, duties, functions, and responsibilities relative to the agency as otherwise provided by law. All personnel employed or assigned to administer and implement the powers, duties, functions, and responsibilities of the agency shall be employees of the Board of Regents. Except as otherwise provided by law, the Board of Regents shall perform and administer all functions of the agency which are in the nature of accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management.
K. The following agencies are placed within the Department of Education and shall perform and exercise their powers, duties, functions, and responsibilities as provided by law:
(1) Statewide Articulation and Transfer Council (R.S. 17:3162).
(2) Process Technology Advisory Board (R.S. 17:3398.2).
(3) Louisiana Tuition Trust Authority (R.S. 17:3093 et seq.).
(4) Governing board of the Louisiana Cancer Research Center of LSU Health Sciences Center in New Orleans/Tulane Health Sciences Center (R.S. 17:1922 et seq.).
(5) Louisiana State University Health Sciences Center Health Maintenance Organization (R.S. 22:2181 et seq.).
(6) Louisiana Science, Technology, Engineering, and Mathematics Advisory Council (R.S. 17:4071).
(7) Advisory Council on Historically Black Colleges and Universities (R.S. 17:3138.7).
(8) Louisiana Hall of Fame for the Arts election board (R.S. 17:1815).
(9) Repealed by Acts 2022, No. 231, §4.
(10) Postsecondary Inclusive Education Advisory Council (R.S. 17:3138.11).
L.(1) The following agencies are placed within the Department of Education as provided by Paragraph (2) of this Subsection and shall exercise all powers, duties, functions, and responsibilities provided or authorized for such agencies by the Constitution of Louisiana and laws and shall exercise all such powers, duties, functions, and responsibilities in the manner and to the extent so provided or authorized:
(a) The Louisiana Health Works Commission (R.S. 17:2048.51).
(b) - (c) Repealed by Acts 2025, No. 379, §2, eff. June 20, 2025.
(2) The agencies transferred by this Subsection shall be under the jurisdiction of the Board of Regents, and the Board of Regents shall have such powers, duties, functions, and responsibilities relative to the agencies as otherwise provided by law. All personnel employed or assigned to administer and implement the powers, duties, functions, and responsibilities of the agencies shall be employees of the Board of Regents. Except as otherwise provided by law, the Board of Regents shall perform and administer all functions of the agencies which are in the nature of accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management.
M. The Louisiana Student Financial Assistance Commission (R.S. 17:3021 et seq.) is hereby abolished and its powers, duties, functions, and responsibilities are hereby transferred to the Board of Regents. All reference in law to the Louisiana Student Financial Assistance Commission shall refer to the Board of Regents.
Added by Acts 1977, No. 83, §1, eff. June 22, 1978. Amended by Acts 1978, No. 75, §1; Acts 1978, No. 135, §3; Acts 1979, No. 557, §2; Acts 1979, No. 559, §2; Acts 1980, No. 207, §2; Acts 1980, No. 236, §3; Acts 1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1981, No. 932, §2, eff. Sept. 1, 1982; Acts 1982, No. 698, §1; Acts 1984, No. 275, §2; Acts 1984, No. 757, §2, eff. July 13, 1984; Acts 1984, No. 758, §2, eff. July 13, 1984; Acts 1984, No. 759, §2, eff. July 13, 1984; Acts 1984, No. 834, §2, eff. July 13, 1984; Acts 1985, No. 354, §1, eff. July 9, 1985; Acts 1986, No. 146, §2, eff. July 2, 1986; Acts 1986, No. 873, §2; Acts 1986, No. 1074, §2, eff. July 17, 1986; Acts 1987, No. 198, §§2, 3, eff. June 19, 1987; Acts 1987, No. 934, §§2, 3, eff. July 20, 1987; Acts 1988, No. 945, §2; Acts 1989, No. 140, §2, eff. June 22, 1989; Acts 1989, No. 190, §4, eff. Sept. 30, 1990; Acts 1989, No. 377, §2, eff. June 29, 1989; Acts 1989, No. 406, §1, §2; Acts 1989, No. 662, §8, eff. July 7, 1989, §11, eff. Aug. 1, 1989; §13, eff. June 30, 1991; Acts 1990, No. 621, §2, eff. July 19, 1990; Acts 1990, No. 1067, §2, eff. July 27, 1990; Acts 1991, No. 1036, §2, eff. July 26, 1991; Acts 1992, No. 317, §1; Acts 1992, No. 328, §2, eff. June 17, 1992; Acts 1992, No. 970, §2, eff. July 9, 1992; Acts 1992, No. 1093, §2; Acts 1993, No. 778, §2, eff. June 22, 1993; Acts 1995, No. 1228, §2, eff. June 29, 1995; Acts 1995, No. 1262, §1; Acts 1997, No. 462, §3; Acts 1997, No. 478, §2, eff. June 30, 1997; Acts 1997, No. 1116, §2; Acts 1999, No. 595, §2, eff. June 30, 1999; Acts 2000, 1st Ex. Sess., No. 60, §3, eff. July 1, 2000; Acts 2001, No. 1137, §1; Acts 2003, No. 9, §2, eff. Nov. 6, 2003; Acts 2005, No. 233, §2, eff. June 29, 2005; Acts 2005, No. 428, §3, eff. July 1, 2005; Acts 2006, No. 223, §§2,3 eff. June 2, 2006; Acts 2006, No. 462, §2, eff. June 15, 2006; Acts 2008, No. 534, §2, eff. June 30, 2008; Acts 2008, No. 760, §2, eff. July 1, 2008; Acts 2009, No. 309, §2, eff. July 1, 2009; Acts 2009, No. 409, §3, eff. July 1, 2009; Acts 2009, No. 421, §2; Acts 2009, No. 438, §§2, 4(B); Acts 2010, No. 525, §3, eff. June 24, 2010; Acts 2010, No. 743, §5, eff. July 1, 2010; Acts 2010, No. 861, §§17, 22; Acts 2011, No. 163, §2; Acts 2011, No. 187, §2, eff. June 24, 2011; Acts 2012, No. 251, §§3, 7B, 11; Acts 2012, No. 596, §1, eff. July 1, 2012; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2013, No. 320, §1, eff. June 17, 2013; Acts 2013, No. 327, §1; Acts 2013, No. 378, §2, eff. June 18, 2013; Acts 2014, No. 450, §2, eff. June 4, 2014; Acts 2014, No. 452, §2, eff. June 4, 2014; Acts 2014, No. 791, §10; Acts 2014, No. 832, §8B; Acts 2015, No. 411, §2, eff. July 1, 2015; Acts 2016, No. 314, §§1(B), 2(B), 3(B); Acts 2016, No. 577, §2; Acts 2016, No. 604, §§2, 3; Acts 2016, No. 614, §4(B); Acts 2016, No. 672, §2, eff. July 1, 2017; Acts 2017, No. 374, §3, eff. June 23, 2017; Acts 2017, No. 392, §2, eff. June 23, 2017; Acts 2018, No. 236, §2, eff. May 15, 2018; Acts 2018, No. 381, §2; Acts 2018, No. 381, §3, eff. Dec. 31, 2019; Acts 2018, No. 455, §2, eff. May 23, 2018; Acts 2018, No. 455, §4, eff. March 1, 2019; Acts 2018, No. 639, §2; Acts 2018, No. 639, §3, eff. March 31, 2020; Acts 2019, No. 21, §2; Acts 2019, No. 238, §2; Acts 2019, No. 437, §2; Acts 2020, No. 57, §2; Acts 2020, No. 180, §2, eff. June 11, 2020, §3, eff. July 1, 2022; Acts 2021, No. 20, §§5, 8, 10C; Acts 2021, No. 468, §2, eff. July 1, 2021; Acts 2022, No. 82, §2, eff. May 24, 2022; Acts 2022, No. 231, §4; Acts 2022, No. 454, §2, eff. June 15, 2022; Acts 2022, No. 541, §2, eff. June 17, 2022; Acts 2022, No. 592, §3B, eff. June 17, 2022; Acts 2022, No. 682, §2, eff. June 18, 2022; Acts 2023, No. 208, §2, eff. June 8, 2023; Acts 2025, No. 210, §3; Acts 2025, No. 379, §2, eff. June 20, 2025.
Repealed by Acts 2001, No. 451, §5, eff. Jan. 12, 2004.
Repealed by Acts 2001, No. 451, §5, eff. Jan. 12, 2004.
Repealed by Acts 2001, No. 451, §5, eff. Jan. 12, 2004.
A. The Department of Insurance is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.
B. The Department of Insurance shall be responsible for performing the functions of the commissioner of insurance and such other functions as are provided by law.
C.(1) The officers of the department shall be the commissioner of insurance; the chief deputy commissioner, if one is appointed; the deputy commissioner for management and finance; the deputy commissioner for policy, innovation, and research; the deputy commissioner for property and casualty; the deputy commissioner for insurance fraud; the deputy commissioner for licensing; the deputy commissioner for financial solvency; the deputy commissioner for health, life, and annuity; the deputy commissioner for public affairs; the deputy commissioner for consumer services; the deputy commissioner for consumer advocacy and diversity; the assistant commissioner of diversity and opportunity; and the executive counsel.
(2) With the exception of the commissioner of insurance, each shall be appointed by the commissioner of insurance with the consent of the Senate and shall serve at the pleasure of the commissioner of insurance, at a salary fixed by the commissioner, which salary shall not exceed the amount approved for such position by the legislature while in session. Their duties and functions shall be determined and assigned by the commissioner of insurance and as provided in this Title.
(3) If a chief deputy commissioner is appointed, he shall be the first assistant to the commissioner of insurance appointed pursuant to Article IV, Section 13 of the Constitution of Louisiana. If a chief deputy commissioner is not appointed, the commissioner of insurance shall appoint his first assistant to one of the offices of deputy commissioner.
D. The Department of Insurance shall be composed of the executive office of the commissioner; the office of management and finance; the office of policy, innovation, and research; the office of property and casualty; the office of insurance fraud; the office licensing; the office of financial solvency; the office of health, life, and annuity; the division of public affairs; the office of consumer services; the office of consumer advocacy and diversity; the division of diversity and opportunity; and the office of legal services.
Added by Acts 1977, No. 83, §1; eff. June 22, 1977; Acts 1985, No. 520, §1; Acts 1992, No. 477, §1; Acts 1999, No. 885, §2, eff. June 30, 1999; Acts 2001, No. 184, §2, eff. July 1, 2001; Acts 2006, No. 383, §1, eff. June 15, 2006; Acts 2007, No. 222, §1, eff. July 2, 2007; Acts 2013, No. 217, §2; Acts 2015, No. 274, §2, eff. June 29, 2015; Acts 2022, No. 159, §2, eff. May 25, 2022.
A. The commissioner of insurance shall serve as the executive head and chief administrative officer of the Department of Insurance and shall have the responsibility for the policies of the department and for the administration, control, and operation of the functions, programs, and affairs of the department, to the extent provided by this Title.
B. In addition to the functions, powers, and duties otherwise vested in the commissioner of insurance by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the legislature and the public therefor.
(2) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the department.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Make and publish an annual report to the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon the request of the legislature, or any committee or member thereof.
(6) Provide for the ongoing reorganization and consolidation of the department and submit a report thereon to the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices and administrative and programmatic divisions of the department, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action. A copy of the report and recommended legislation shall also be submitted by the commissioner of insurance to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(7) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.
(8)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The commissioner may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (5) of this Subsection.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2.
There may be a chief deputy commissioner of the department, who shall be appointed by the commissioner of insurance with consent of the Senate and who shall serve at the pleasure of the commissioner of insurance in the office of the commissioner, at a salary fixed by the commissioner of insurance, which salary shall not exceed the amount approved for such position by the legislature while in session. The chief deputy shall be the first assistant of the commissioner of insurance appointed pursuant to Article IV, Section 13 of the Constitution of Louisiana. The duties and functions of the chief deputy commissioner shall be determined and assigned by the commissioner of insurance. The chief deputy shall serve as acting commissioner of insurance in the absence of the commissioner as provided by law.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1992, No. 477, §1; Acts 2022, No. 159, §2, eff. May 25, 2022.
A. There shall be a deputy commissioner for management and finance of the Department of Insurance who shall be appointed by the commissioner of insurance with consent of the Senate and who shall serve at the pleasure of the commissioner at a salary fixed by the commissioner, which salary shall not exceed the amount approved for such position by the legislature while in session. The deputy commissioner for management and finance shall be directly responsible to and shall perform his functions under the supervision and control of the commissioner of insurance.
B. The deputy commissioner for management and finance shall direct and be responsible for the functions of the office of management and finance within the Department of Insurance. In such capacity he shall be responsible for accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Insurance, except as otherwise specifically provided in this Title.
C. The duties and functions of the office of management and finance and of the deputy commissioner for management and finance shall be as provided in this Section, and these duties and functions shall not be subject to change by the commissioner of insurance, except that the deputy commissioner for management and finance shall perform such additional duties and functions as are assigned by the commissioner.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
For purposes of this Chapter, references in Chapters 22 and 24 of this Title to the "secretary" shall refer to the commissioner of insurance, references to the "undersecretary" shall refer to the deputy commissioner for management and finance, references to an "assistant secretary" shall refer to the administrative head of an office or division.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1979, No. 258, §1; Acts 1992, No. 477, §1.
A. The following agencies are transferred to the Department of Insurance and shall exercise their powers, duties, functions, and responsibilities in the manner provided in R.S. 36:801.1:
(1) The board of directors of the Property Insurance Association of Louisiana (R.S. 22:1460).
(2) The governing committee of the Louisiana Joint Reinsurance Plan (R.S. 22:2336 through 2347).
(3) The governing committee of the Louisiana Insurance Underwriting Plan (R.S. 22:2322 through 2334).
(4) The governing committee of the Louisiana Automobile Insurance Plan (R.S. 22:1475).
(5) The board of directors of the Louisiana Citizens Property Insurance Corporation (R.S. 22:2291 et seq.).
B. The following agencies are transferred to the Department of Insurance and shall exercise their powers, duties, functions, and responsibilities in the manner provided in R.S. 36:801:
(1) The board of directors of the Louisiana Consortium of Insurance and Financial Services (R.S. 22:2141 et seq.).
(2) The advisory committee of the Louisiana Consortium of Insurance and Financial Services (R.S. 22:2141 et seq.).
C. The following agencies are transferred to the Department of Insurance and shall exercise their powers, duties, functions, and responsibilities in the manner provided in R.S. 36:802:
(1) Repealed by Acts 2024, No. 339, §5.
(2) The Louisiana Mandated Health Benefits Commission (R.S. 22:2187).
(3), (4) Repealed by Acts 2024, No. 339, §5.
D, E. Repealed by Acts 2022, No. 159, §3, eff. May 25, 2022.
F. The board of review for public fire protection grading (R.S. 22:1461) is hereby placed within the Department of Insurance and shall exercise its powers, duties, functions, and responsibilities in the manner provided by law.
Acts 1984, No. 455, §1, eff. Oct. 1, 1984; Acts 1999, No. 446, §2, eff. July 1, 1999; Acts 1999, No. 885, §2, eff. June 30, 1999; Acts 2006, No. 383, §1, eff. June 15, 2006; Acts 2007, No. 459, §3, eff. Jan. 1, 2008; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2009, No. 485, §3, eff. Jan. 1, 2010; Acts 2010, No. 549, §2; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2016, No. 45, §2; Acts 2019, No. 434, §4, eff. June 30, 2019; Acts 2021, No. 20, §5; Acts 2022, No. 159, §§2, 3, eff. May 25, 2022; Acts 2024, No. 339, §5.
There is hereby created an office of consumer services under the direction of the deputy commissioner for consumer services. The duties and functions of the office and the deputy commissioner shall be the receipt and processing of consumer complaints, market conduct analysis and examination, and such additional duties and functions as are assigned by the commissioner of insurance.
Acts 1984, No. 850, §3; Acts 1992, No. 477, §1; Acts 1999, No. 885, §2, eff. June 30, 1999; Acts 2006, No. 383, §1, eff. June 15, 2006; Acts 2015, No. 274, §2, eff. June 29, 2015; Acts 2022, No. 159, §2, eff. May 25, 2022.
A. There is hereby created an office of property and casualty in the Department of Insurance. Such office shall be under the direction of the deputy commissioner for property and casualty who shall be appointed by the commissioner of insurance with consent of the Senate and who shall serve at the pleasure of the commissioner at a salary fixed by the commissioner, which salary shall not exceed the amount approved for such position by the legislature while in session. The deputy commissioner for property and casualty shall be directly responsible to and shall perform his functions under the supervision and control of the commissioner of insurance.
B. The duties and functions of the office of property and casualty and the deputy commissioner for property and casualty shall be the regulation of insurance rates, the review of insurance rates, the licensing of insurance rating organizations, and such additional duties and functions as are assigned by the commissioner.
Acts 1985, No. 520, §1; Acts 1999, No. 885, §2, eff. June 30, 1999; Acts 2001, No. 184, §2, eff. July 1, 2001.
NOTE: See Acts 2001, No. 184, §3, relative to changing references to the office of insurance rating to the office of property and casualty and to the title of the deputy commissioner.
There is hereby created an office of legal services in the Department of Insurance under the direction of the executive counsel. The duties and functions of the office of legal services and the executive counsel shall be as provided in this Title and as assigned by the commissioner of insurance.
Acts 1992, No. 477, §1; Acts 2022, No. 159, §2, eff. May 25, 2022.
There is hereby created a division of public affairs in the Department of Insurance. Such division shall be under the direction of the deputy commissioner for public affairs. The duties and functions of the division of public affairs and the deputy commissioner for the division of public affairs shall be as provided in this Title and as assigned by the commissioner.
Acts 1992, No. 477, §1; Acts 2006, No. 383, §1, eff. June 15, 2006.
Repealed by Acts 2013, No. 217, §3.
There is hereby created an office of insurance fraud in the Department of Insurance under the direction of the deputy commissioner for insurance fraud. The duties and functions of the office of insurance fraud and the deputy commissioner for insurance fraud shall be the investigation of alleged administrative or civil fraudulent insurance acts, other administrative or civil violations of the insurance laws of this state, executive security, and such additional duties and functions as assigned by the commissioner of insurance.
Acts 2013, No. 217, §2; Acts 2015, No. 274, §2, eff. June 29, 2015; Acts 2022, No. 159, §2, eff. May 25, 2022.
There is hereby created an office of licensing in the department of insurance. Such office shall be under the direction of the deputy commissioner for licensing. The duties and functions of the office of licensing and the deputy commissioner of licensing shall be as provided in this Title and as assigned by the commissioner.
Acts 1992, No. 477, §1; Acts 2015, No. 274, §2, eff. June 29, 2015.
There is hereby created an office of financial solvency in the department of insurance. Such office shall be under the direction of the deputy commissioner for financial solvency. The duties and functions of the office of financial solvency and the deputy commissioner for the office of financial solvency shall be as provided in this Title and as assigned by the commissioner.
Acts 1992, No. 477, §1.
There is hereby created an office of health, life, and annuity in the Department of Insurance. The office shall be under the direction of the deputy commissioner for health, life, and annuity. The duties and functions of the office of health, life, and annuity and the deputy commissioner for health, life, and annuity shall be development and administration of health insurance pilot programs as established by the legislature, research and development of rules and regulations to implement health insurance reform legislation, research and development of health insurance reform measures that broaden the availability of health insurance coverage in the state, liaison activities for the Department of Insurance with other state and national agencies for policy on health insurance, preparation of proposed health insurance reform legislation by the department; general research and implementation issues concerning health insurance policy, approval of life and annuity form filings, and additional duties and functions as assigned by the commissioner.1
Acts 1995, No. 341, §1; Acts 1999, No. 885, §2, eff. June 30, 1999; Acts 2015, No. 274, §2, eff. June 29, 2015.
1The language of the third sentence of this Section is as it appears in the enrolled bill (Acts 1999, No. 885, §2).
A. There is hereby created an office of policy, innovation, and research in the Department of Insurance under the direction of the deputy commissioner for policy, innovation, and research.
B. The duties and functions of the office of policy, innovation, and research and the deputy commissioner for policy, innovation, and research shall be the following:
(1) Research and development of policy proposals relative to the following:
(a) Regulation of insurance.
(b) Prevention and detection of insurance fraud.
(c) Innovation in insurance products and technology.
(d) Availability and affordability of insurance.
(e) Healthcare and health insurance, including long-term care.
(f) Property and casualty insurance, including issues related to disasters, building codes, highway safety, and the adjustment and payment of claims.
(g) Life insurance and annuities.
(h) Development and promotion of the insurance industry in this state.
(2) Development and preparation of proposals for legislation, rules and regulations, and other administrative actions.
(3) Participation in and liaison with the following organizations of which the commissioner of insurance is the representative of this state:
(a) The National Association of Insurance Commissioners (NAIC).
(b) The Interstate Insurance Product Regulation Commission (IIPRC).
(c) The International Association of Insurance Supervisors (IAIS).
(4) Monitoring the activities of the following, relative to insurance regulation:
(a) Congress and federal agencies.
(b) The National Council of Insurance Legislators (NCOIL).
(c) The National Conference of State Legislatures (NCSL).
(d) Other organizations that affect the regulation of insurance.
(5) Other duties and functions assigned by the commissioner of insurance.
C. In addition to the deputy commissioner of policy, innovation, and research, the commissioner of insurance may also employ such persons, including four unclassified employees, as necessary to carry out the provisions of this Section.
Acts 2022, No. 159, §2, eff. May 25, 2022; Acts 2024, No. 339, §3.
In addition to any function, duty, obligation, or responsibility of the Department of Insurance or of any other entity made a part thereof, the Department of Insurance shall employ a full-time actuary whose duties shall include review and analysis of legislation pending before the legislature during each legislative session and making such review and analysis available to the appropriate standing committees of the legislature and to the legislative fiscal officer.
Acts 1998, 1st Ex. Sess., No. 93, §4, eff. June 30, 1998.
A. There is hereby created an office of consumer advocacy and diversity in the Department of Insurance. This office shall be under the direction of the deputy commissioner for consumer advocacy and diversity, who shall be appointed by the commissioner of insurance with advice and concurrence of the Senate and House committees on insurance and who shall serve at the pleasure of the commissioner at a salary fixed by the commissioner that shall not exceed the amount approved for the position by the legislature. The office of consumer advocacy and diversity shall be staffed with no fewer than three full-time professional level civil service employees to manage complaints, inquiries, and outreach. The office of consumer advocacy and diversity shall be staffed with no fewer than two full-time journeyman level civil service employees to assist the professional level employees. The office of consumer advocacy and diversity shall employ an administrative assistant designated by the deputy commissioner who shall be responsible for coordinating and directing travel, scheduling, office management, and any other duties assigned by the deputy commissioner. The office of consumer advocacy and diversity shall be housed within the Louisiana Department of Insurance and, as funding is available, satellite offices may be opened as outlined in the rules and regulations to be implemented by the commissioner of insurance pursuant to this Section. The deputy commissioner for consumer advocacy and diversity shall be directly responsible to and shall perform his functions under the supervision and control of the commissioner of insurance.
B.(1) The office of consumer advocacy and diversity, through the deputy commissioner for consumer advocacy and diversity, shall perform the following duties and functions concerning products or services regulated by the Department of Insurance:
(a) Receive inquiries and complaints from consumers.
(b) Prepare and disseminate such information as the commissioner deems appropriate to inform or assist consumers.
(c) Provide direct assistance and advocacy for consumers who request such assistance or advocacy.
(d) Report, with respect to apparent or potential violations of law or applicable rules or regulations of the department by a person or entity licensed by the department, such apparent or potential violations to the appropriate division or office of the department, which may take such further action as it deems appropriate.
(e) Repealed by Acts 2015, No. 274, §3, eff. June 29, 2015.
(2) The office of consumer advocacy, through the deputy commissioner for consumer advocacy, shall coordinate and administer the homeowner policy premium assistance program created pursuant to the provisions of R.S. 22:2372.
C. The deputy commissioner for consumer advocacy and diversity may be terminated without cause shown. A written report of termination shall be compiled by the commissioner of insurance and delivered to the clerk of the House of Representatives and the secretary of the Senate at least ten days before the termination and shall be disclosed to the members of the respective houses of the legislature upon request.
D. The deputy commissioner for consumer advocacy and diversity shall be responsible for the functions of the division of diversity and opportunity within the department. There shall be an assistant commissioner for diversity and opportunity who shall be appointed by the commissioner. The assistant commissioner for diversity and opportunity shall serve at the pleasure of the commissioner and at a salary fixed by the commissioner, which salary shall not exceed the amount approved for the position by the legislature.
E. The commissioner of insurance may adopt rules and regulations necessary to implement the provisions of this Section.
Acts 2007, No. 222, §1, eff. July 2, 2007; Acts 2008, No. 390, §2, eff. June 21, 2008; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2008, No. 469, §2; Acts 2012, No. 694, §1, eff. June 30, 2012; Acts 2015, No. 274, §§2, 3, eff. June 29, 2015.
NOTE: See Acts 2012, No. 811, §19, relative to legislative intent that Act No. 811 supersede Acts 2012, No. 694, which recreated the Dept. of Insurance and statutory entities in the department, and provides that Act No. 694 shall not have the effect of continuing any statutory authority repealed by Act No. 811.
A. The Department of Justice is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.
B. The attorney general shall serve as the executive head and chief administrative officer of the Department of Justice and shall have the responsibility for the policies of the department and for the administration, control, and operation of the functions, programs, and affairs of the department.
C. The Department of Justice, through its offices and officers, shall be responsible for performing the functions of the attorney general.
D.(1) The Department of Justice shall be composed of the executive office of the attorney general, the civil division, the public protection division, the criminal division, the investigation division, the litigation division, the gaming division, the federalism division, and the administrative services division. The executive office of the attorney general shall be comprised of such personnel and organizational subunits as shall be necessary to carry out the functions of the attorney general as the executive head and chief administrative officer of the department, including legal services.
(2) Whenever the attorney general determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices (divisions), or establishing new offices (divisions), he shall present a plan therefor to the legislature for its approval by statute.
E.(1) The officers of the department shall be the attorney general, the chief deputy attorney general, and the respective directors of the divisions created by this Chapter. They shall perform functions as provided in this Title. With the exception of the attorney general, they shall be selected as provided in this Title.
(2) No person serving as any one of the above officers shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices. Notwithstanding any provision herein to the contrary, subject to approval of the attorney general, any person serving as an officer of the department may receive additional compensation for part-time services rendered as an instructor in postsecondary educational institutions or as a member of the National Guard.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1988, No. 859, §1; Acts 1992, No. 866, §1; Acts 1993, No. 610, §1, eff. June 15, 1993; Acts 2018, No. 432, §5, eff. June 30, 2018.
The Department of Justice, collections section and information technology section, is authorized to perform criminal history records checks of current and prospective employees, contractors, and subcontractors in accordance with the procedures provided in R.S. 15:587.5. Pursuant to this authorization and to implement the requirements of R.S. 15:587.5, the attorney general shall promulgate rules and regulations with regard to this matter.
Acts 2017, No. 147, §3, eff. June 12, 2017.
In addition to the functions, powers, and duties otherwise vested in the attorney general, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the legislature and the public therefor.
(2) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the department.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Make and publish an annual report to the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon the request of the legislature, or any committee or member thereof.
(6) Provide for the ongoing reorganization and consolidation of the department and submit a report thereon to the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of offices and administrative and programmatic division of the department, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action. A copy of the report and recommended legislation shall also be submitted by the attorney general to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(7) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.
(8)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The attorney general may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (5) of this Section.
(9) Provide for the statewide coordination of sexual assault nurse examiners, with a specific focus on ensuring access to services provided by sexual assault nurse examiners in rural areas. The statewide coordination provided for in this Paragraph may be funded through grants or appropriations by the legislature.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2; Acts 2025, No. 289, §1.
There shall be a chief deputy attorney general of the department, who shall be appointed by the attorney general with consent of the Senate and who shall serve at the pleasure of the attorney general at a salary fixed by the attorney general, which salary shall not exceed the amount approved for such position by the legislature while in session. The chief deputy attorney general shall be the first assistant of the attorney general and shall be appointed pursuant to Article IV, Section 13 of the Constitution of Louisiana. The duties and functions of the chief deputy attorney general shall be determined and assigned by the attorney general. He shall serve as acting attorney general in the absence of the attorney general as provided by the constitution and by law.
Acts 1988, No. 859, §1; Acts 1992, No. 866, §1.
A. Each division within the Department of Justice shall be under the immediate supervision and direction of a director. The purposes for which the divisions of the Department of Justice are created shall be as set forth in this Section.
B. There shall be within the Department of Justice a federalism division. It shall be responsible for the appellate work of the state relating to federal litigation, multistate actions, amicus briefs, and other complex litigation as determined by the attorney general.
C. There shall be within the Department of Justice an administrative services division. It shall be responsible for accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, grants management for the department, automated systems, governmental relations, and the collection of money owed to the state and its agencies, boards, and commissions.
D. There shall be within the Department of Justice a public protection division. It shall be responsible for consumer protection, environmental protection, anti-trust, securities, family violence prevention, and insurance protection.
E. There shall be within the Department of Justice a civil division. It shall be responsible for providing the full range of civil legal services requested by the officers and agencies of the state. The functions of the civil division shall include the assertion or protection of any right or interest of the state of Louisiana; legal representation of governmental officers, agencies, boards, or commissions; collection of money owed to the state of Louisiana and its agencies, boards, or commissions; construction claims and litigation on public works; and legal protection of state lands, water bottoms, and natural resources of the state.
F. There shall be within the Department of Justice a criminal division. It shall be responsible for criminal appeals, amicus curiae briefs in criminal prosecutions, habeas corpus defense, assistance to district attorneys in criminal cases, criminal prosecution, public corruption, institutional and insurance fraud cases, and extraditions, in accordance with Article IV, Section 8 of the Constitution of Louisiana.
G. There shall be within the Department of Justice an investigation division. It shall be responsible for investigation of alleged violations of the criminal laws of this state; conducting of civil and special investigations, including investigations of public corruption, institutional and insurance fraud; and executive security.
H. There shall be within the Department of Justice a litigation division. It shall be responsible for providing legal representation for the state, its officers, agents, employees, boards, and commissions, pursuant to the provisions of Chapter 16A of Title 39.
I. There shall be within the Department of Justice a gaming division. It shall be responsible for providing legal representation, services, and staffing to gaming regulatory entities and agencies of the state as provided by law and such other functions and duties, related to gaming, as are assigned by the attorney general.
J. The duties and functions of the divisions shall be as provided in this Section and these duties and functions shall not be subject to change by the attorney general, except that the divisions shall perform such additional duties and functions as are assigned by the attorney general.
K. Whenever the attorney general determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing divisions, he shall present a plan therefor to the legislature for its approval by statute.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1978, No. 438, §1; Acts 1992, No. 866, §1; Acts 1993, No. 610, §1, eff. June 15, 1993; Acts 2005, No. 435, §1, eff. July 11, 2005; Acts 2018, No. 432, §5, eff. June 30, 2018.
Repealed by Acts 1992, No. 866, §2.
A. For purposes of this Chapter, references in Chapters 22 and 24 of this Title to the "secretary" shall refer to the attorney general, references to the "undersecretary" shall refer to the director of the administrative services division, and references to an "assistant secretary" shall refer to a director of a division created in this Chapter.
B. The Law Enforcement Officers and Firemen's Survivor Benefit Review Board (R.S. 40:1665.3 and other provisions of law applicable to the board) is placed within the Department of Justice and shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.
C. The Governor's Consumer Protection Division (R.S. 51:1401 et seq.) is hereby abolished and its powers, duties, functions, and responsibilities are transferred to the Department of Justice and hereafter shall be exercised and performed as provided in Part IV of Chapter 22 of this Title.
D. The Louisiana Sexual Assault Oversight Commission, R.S. 15:555 et seq., is placed within the Department of Justice and shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.
Added by Acts 1981, No. 873, §1, eff. Sept. 11, 1981. Acts 1988, 1st Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1992, No. 866, §1; Acts 1993, No. 610, §1, eff. June 15, 1993; Acts 1997, No. 223, §1; Acts 2010, No. 861, §17; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2014, No. 158, §§3 and 7; Acts 2018, No. 354, §2.
A. The Department of Public Service is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.
B. The Public Service Commission shall be the executive head of the department and shall have the responsibility for the administration, control, and operation of the functions, programs, and affairs of the department, as provided by law.
C. The Department of Public Service shall be responsible for performing the functions of the Public Service Commission.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
In addition to the functions, powers, and duties otherwise vested in the Public Service Commission, it shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the legislature and the public therefor.
(2) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the department.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration and the functions of the department.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department.
(5) Make reports and recommendations on its own initiative or upon the request of the legislature, or any committee or member thereof; however, the commission shall not include within the reports and recommendations submitted, or otherwise issue, publish or distribute general information documents or pamphlets, which are published on a regular basis and are generally known as newsletters.
(6) Provide for the ongoing reorganization and consolidation of the department and submit a report thereon to the legislature, which report shall accompany the budget request which it submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of administrative and programmatic divisions of the department, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action. A copy of the report and recommended legislation shall also be submitted by the commission to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(7) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in it.
(8)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The commission may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of a report pursuant to Paragraph (5) of this Section.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Acts 1986, No. 743, §1; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2.
There shall be an executive secretary of the Public Service Commission who shall be appointed by the commission with consent of the Senate and who shall serve at the pleasure of the commission at a salary fixed by the commission, which salary shall not exceed the amount approved for such position by the legislature while in session. The executive secretary shall be the chief administrative officer of the Department of Public Service. In addition to his other duties he shall be responsible for accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management for the department.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1978, No. 349, §1.
Repealed by Acts 1978, No. 349, §2
A. The Public Service Commission (Article IV, Section 21 of 1974 Louisiana Constitution; R.S. 45:1161 et seq. and other provisions of Title 45 of the Louisiana Revised Statutes of 1950 that apply to the commission) shall be transferred to and hereafter shall be within the Department of Public Service, as provided in R.S. 36:801.1, with all powers and duties enumerated in the constitution or by law. This transfer shall be effective on or before December 31, 1977, as provided in Chapter 24 of this Title.
B. For purposes of this Chapter, references in Chapters 22 and 24 of this Title to "secretary" shall refer to the Public Service Commission.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2012, No. 811, §11, eff. July 1, 2012.
A. The Department of State is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in East Baton Rouge Parish.
B. The secretary of state shall serve as the executive head and chief administrative officer of the Department of State and shall have the responsibility for the policies of the department and for the administration, control, and operation of the functions, programs, and affairs of the department as provided by law.
C. The Department of State shall be responsible for performing the functions of the secretary of state as provided by law, including those functions of the commissioner of elections transferred to the Department of State and to the secretary of state.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2001, No. 451, §2, eff. Jan. 12, 2004; Acts 2020, No. 209, §1, eff. June 11, 2020.
NOTE: See Acts 2001, No. 451, §§8 and 9, relative to effective date of Act.
In addition to the functions, powers, and duties otherwise vested in the secretary of state by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the legislature and the public therefor.
(2) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the department.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration and the functions of the department.
(4) Organize, plan, supervise, direct, administer, execute and be responsible for the functions and programs vested in the department.
(5) Make reports and recommendations on his own initiative or upon the request of the legislature, or any committee or member thereof.
(6) Provide for the ongoing reorganization and consolidation of the department and submit a report thereon to the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, consolidation of administrative and programmatic divisions of the department, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary of state to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(7) Be responsible for accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management for the department.
(8) Investigate allegations of election irregularities.
(9) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.
(10)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of a report pursuant to Paragraph (5) of this Section.
(11) Act as the chief protocol officer of the state of Louisiana. The secretary shall actively seek appropriate contacts with other officials in nations with which the state has or desires to have active trade, cultural, or educational relations and shall help facilitate the interchange of ideas and contacts for betterment of commerce, cultural exchange, or educational studies between such nations and the state.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Acts 1986, No. 740, §1; Acts 2004, No. 517, §1, eff. June 25, 2004; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2; Acts 2025, No. 185, §1.
Repealed by Acts 2003, No. 1220, §4, eff. Jan. 1, 2004.
There shall be a deputy secretary of the department, who shall be appointed by the secretary of state with consent of the Senate and who shall serve at the pleasure of the secretary of state at a salary fixed by the secretary of state, which salary shall not exceed the amount approved for such position by the legislature while in session. The deputy secretary shall be the first assistant to the secretary of state appointed pursuant to Article IV, Section 13 of the constitution. The duties and functions of the deputy secretary of state shall be determined and assigned by the secretary of state. He shall serve as acting secretary of state in the absence of the secretary of state as provided by law.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. For purposes of this Chapter, references in Chapters 22 and 24 of this Title to the "secretary", the "undersecretary" or an "assistant secretary" shall refer to the secretary of state.
B. The State Board of Election Supervisors (R.S. 18:23 through 27) shall be within the Department of State, as provided in R.S. 36:802.
C. The following agencies are placed within the Department of State in accordance with the provisions of R.S. 36:901 et seq. except as otherwise provided by this Subsection:
(1) The Louisiana Historical Records Advisory Board (R.S. 44:501 through 503).
(2) The Advisory Board of the Old State Capitol (R.S. 25:371 et seq.). The board may solicit and accept gifts and donations for the purposes of the Old State Capitol. Any funds accepted as a gift or donation may be expended by the department as otherwise provided by law.
(3) The Eddie G. Robinson Museum Commission (R.S. 25:1241 et seq.). The commission may solicit and accept gifts and donations for the purposes of the museum. Any funds accepted as a gift or donation may be expended by the department as otherwise provided by law.
(4) The Advisory Board of the Louisiana State Archives (R.S. 44:427).
(5) The Voting Accessibility Advisory Group (R.S. 18:524).
D. The following agencies are abolished and their powers, duties, functions, and responsibilities are hereby transferred to the secretary of state in accordance with the provisions of R.S. 36:921 et seq.:
(1) The State Archives and Records Commission and the State Archives and Records Service (R.S. 25:127 and R.S. 44:404 et seq.).
(2) The Old State Capitol Memorial Commission (Act No. 250 of the 1948 Regular Session of the Legislature; Act No. 233 of the 1954 Regular Session of the Legislature; Act No. 154 of the 1965 Regular Session of the Legislature).
E. The office of commissioner of elections is merged and consolidated with the office of secretary of state, and the Department of Elections and Registration is merged and consolidated with the Department of State pursuant to the authority of Article IV, Section 20 of the Constitution of Louisiana. In order to accomplish the merger and consolidation of the office of commissioner of elections with the office of secretary of state, the office of commissioner of elections shall be continued, but the office of commissioner of elections is transferred to the Department of State in the manner provided for agencies transferred pursuant to R.S. 36:851 et seq. and, for purposes of such transfer, the office of commissioner of elections shall be considered a transferred agency as provided in R.S. 36:851 et seq. However, the commissioner of elections shall be an agent for service of process as provided in R.S. 18:44(B)(7). To accomplish the merger and consolidation of the Department of Elections and Registration with the Department of State, the Department of Elections and Registration and its powers, duties, functions, and responsibilities are transferred to the Department of State as provided in R.S. 36:851 et seq.
F.(1) The following agencies are placed within the Department of State and shall perform and exercise their powers, duties, functions, and responsibilities in accordance with the provisions of this Subsection and as otherwise provided by law:
(a) The governing board of the Louisiana Delta Music Museum (R.S. 25:380.51 et seq.).
(b) Repealed by Acts 2022, No. 297, §1, eff. June 10, 2022.
(c) The governing board of the Mansfield Female College Museum (R.S. 25:380.91 et seq.).
(d) The governing board of the Germantown Colony Museum (R.S. 25:380.151 et seq.).
(e) The Regional Museum Governing Board of the Louisiana State Exhibit Museum (R.S. 25:379 et seq.).
(f) The governing board of the Louisiana State Cotton Museum (R.S. 25:380 et seq.).
(g) The governing board of the Louisiana State Oil and Gas Museum (R.S. 25:380.21 et seq.).
(2)(a) The governing board of any museum transferred pursuant to this Subsection may solicit and accept gifts and donations for the purposes of the museum. Any funds so accepted may be expended by the boards or by the Department of State as otherwise provided by law.
(b) The governing boards placed within the Department of State in accordance with the provisions of this Subsection shall exercise all powers, duties, functions, and responsibilities provided or authorized by law which are in the nature of regulation, enforcement, or adjudication. The boards shall exercise all advisory powers, duties, and functions provided by law. The boards shall administer and implement all programs provided or authorized by law. The boards shall be responsible for the performance and administration of their day-to-day operations, except that the secretary of the department shall be responsible for those matters which are in the nature of accounting, payroll, budget control, procurement, data processing, and personnel management, and shall have the authority to transfer or implement any or all of said functions through the secretary and the department.
(c) The provisions of R.S. 36:810 and 811 are applicable to each board placed within the department by this Subsection.
(d) No records, books, or papers stored in the museum vault or on museum premises shall be removed or transferred from the museum without approval of the governing board.
G. The Voting System Commission (R.S. 18:1362.1) is placed within the Department of State and shall perform its powers, duties, functions, and responsibilities in the manner provided by law.
H. The Voting System Proposal Evaluation Committee (R.S. 18:1362.2) is placed within the Department of State and shall perform its powers, duties, functions, and responsibilities in the manner provided by law.
Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1980, No. 564, §2, eff. July 23, 1980; Acts 1982, No. 778, §2, eff. Aug. 4, 1982; Acts 1984, No. 917, §2; Acts 1988, 1st Ex. Sess., No. 2, §1, eff. Mar. 28, 1988; Acts 1989, No. 45, §3; Acts 1989, No. 46, §1; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1990, No. 726, §2; Acts 1991, No. 9, §2, eff. June 6, 1991; Acts 1991, No. 1053, §1, eff. July 29, 1991; Acts 1992, No. 152, §1, eff. June 5, 1992; Acts 1993, No. 507, §1, eff. July 1, 1993; Acts 1997, No. 1091, §2; Acts 1999, No. 241, §2, eff. upon effective date of appropriation of funds; Acts 1999, No. 555, §2, eff. upon effective date of appropriation of funds; Acts 1999, No. 1368, §2; Acts 2001, No. 130, §2; Acts 2001, No. 451, §2, eff. Jan. 12, 2004; Acts 2001, No. 850, §2; Acts 2001, No. 1111, §3; Acts 2003, No. 586, §2, eff. upon appropriation of funds; Acts 2003, No. 592, §2, eff. upon appropriation of funds; Acts 2003, No. 786, §§2 and 4; Acts 2004, No. 229, §2; Acts 2004, No. 545, §2, eff. June 25, 2004; Acts 2005, No. 336, §2; Acts 2006, No. 417, §2, eff. June 15, 2006; Acts 2006, No. 614, §2; Acts 2006, No. 713, §4, eff. July 1, 2006; Acts 2007, No. 324, §2; Acts 2008, No. 327, §2; Acts 2008, No. 783, §2, eff. July 1, 2008; Acts 2008, No. 847, §2, eff. July 1, 2008; Acts 2009, No. 249, §2, eff. upon appropriation of funds; Acts 2010, No. 861, §17; Acts 2010, No. 890, §2, eff. July 2, 2010; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2013, No. 12, §1, eff. May 23, 2013; Acts 2015, No. 401, §3(B); Acts 2016, No. 14, §3, eff. May 9, 2016; Acts 2016, No. 16, §2, eff. May 9, 2016; Acts 2017, No. 112, §§2, 3, 4, 5, and 6, eff. June 12, 2017; Acts 2018, No. 85, §2, eff. May 10, 2018; Acts 2018, No. 436, §1; Acts 2020, No. 75, §1, eff. June 5, 2020; Acts 2021, No. 20, §§5, 10E; Acts 2021, No. 480, §2, eff. July 1, 2021; Acts 2022, No. 297, §1, eff. June 10, 2022; Acts 2023, No. 277, §2, eff. June 9, 2023.
A. There shall be within the Department of State an office of the uniform commercial code which shall have the responsibility of developing, implementing, managing, and operating Chapter 9 of the Louisiana Commercial Laws (R.S. 10:9-101, et seq.).
B. There shall be a deputy secretary for the office of the uniform commercial code of the department who shall be appointed by the secretary with the consent of the Senate. The deputy secretary shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature. The deputy secretary shall be directly responsible to and shall perform his functions under the immediate supervision and control of the secretary.
C. The deputy secretary shall direct and be responsible for the functions and management of the office of the uniform commercial code within the department. In such capacity he shall be responsible for all program budgeting and shall act as liaison with the clerks of court, members of the financial services community, and other users of the program to coordinate the program. He shall establish educational and informational services for consumers of the program, procurement, management and program analysis, and data processing, and such additional duties and functions as are assigned by the secretary.
D. The deputy secretary shall employ, appoint, remove, assign and promote such personnel as is necessary for the efficient administration of the office and its programs and the performance of its powers, duties, functions, and responsibilities in accordance with applicable civil service law and all budgetary control and applicable laws.
Acts 1989, No. 137, §12, eff. June 22, 1989.
A. There shall be within the commercial division of the Department of State the office of GeauxBiz, which shall have the responsibility of developing, implementing, managing, and operating, in concert with other departments of state government, a system of:
(1) Obtaining information for members of the business community and persons seeking to establish a business regarding all forms of authorization required by any department of state government to begin or continue a business in the state.
(2) Assisting applicants in the following:
(a) Clarification of licensing requirements and standards.
(b) Preparation of applications and forms.
(c) Determination of the status of an application during the review process, including the resolution of disputes.
(d) Generally coordinating the various aspects of the licensing review process.
B. There shall be a deputy secretary for the office of GeauxBiz of the department who shall be appointed by the secretary with the consent of the Senate. The deputy secretary shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for that position by the legislature. The deputy secretary shall be directly responsible to and shall perform his functions under the immediate supervision and control of the secretary.
C. The deputy secretary shall direct and be responsible for the functions and management of the office of GeauxBiz within the department. In such capacity he shall be responsible for all program budgeting and shall act as liaison with secretaries, assistant secretaries, deputy secretaries, and other officers and employees of the other departments of state government and members of the business community seeking and using the functions of the office of GeauxBiz. He shall establish educational and informational services for consumers of the functions of the office and shall provide for procurement, management, program analysis, and data processing, and shall perform any additional duties assigned by the secretary.
D. The deputy secretary shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of GeauxBiz and its programs and the performance of its powers, duties, functions, and responsibilities in accordance with applicable civil service law and all budgetary control and applicable laws.
Acts 1991, No. 1053, §1, eff. July 29, 1991; Acts 2008, No. 127, §1.
NOTE: SEE ACTS 1991, NO. 1053, §4.
A. The Department of the Treasury is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.
B. The Department of the Treasury, through its offices and officers, shall be responsible for performing the functions of the state treasurer and the agencies transferred into this department in accordance with the provisions of this Title.
C.(1) The Department of the Treasury shall be composed of the executive office of the state treasurer, the office of management and finance, the office of the State Bond Commission, the office of state depository control and investment, and such other offices as shall be created by law.
(2) Whenever the state treasurer determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1987, No. 736, §1.
{{NOTE: SEE ACTS 1987, NO. 736, §3.}}
A. The officers of the department shall be the state treasurer, the deputy state treasurer for management and finance, the deputy state treasurer, if a deputy state treasurer is appointed, and assistant state treasurers. With the exception of the state treasurer, each of them shall be selected as provided in this Title. They shall perform functions as provided in this Title. If a deputy state treasurer is appointed, he shall be the first assistant to the state treasurer appointed pursuant to Article IV, Section 13 of the constitution. If a deputy state treasurer is not appointed, the state treasurer shall appoint his first assistant to the office of deputy state treasurer for management and finance or to one of the offices of assistant state treasurer.
B. No person serving as state treasurer, deputy state treasurer, or assistant state treasurer shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices.
C. Notwithstanding any provision herein to the contrary, subject to approval of the state treasurer, any person serving as deputy state treasurer or assistant state treasurer may receive additional compensation for part-time services rendered as an instructor in post-secondary educational institutions, or as a member of the National Guard.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
The state treasurer shall serve as the executive head and chief administrative officer of the Department of the Treasury and shall have the responsibility for the policies of the department except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. In addition to the functions, powers, and duties otherwise vested in the state treasurer by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the legislature and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(5) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant state treasurer, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.
(6) Make reports and recommendations on his own initiative or upon request of the legislature, or any committee or member thereof provided, however, that the report and recommendations shall not include the issue, publication, or distribution of general information documents or pamphlets, which are published on a regular basis and are generally known as newsletters.
(7) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices and administrative and programmatic divisions of the department, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action. A copy of the report and recommended legislation shall also be submitted by the state treasurer to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.
(8)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The state treasurer may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of a report pursuant to Paragraph (6) of this Subsection.
B. The state treasurer shall have authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and R.S. 36:803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the state treasurer and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department, and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it;
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis, and
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(b) All of the above are to be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the Department of the Treasury, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to legislative approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by concurrent resolution of the legislature.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department, and take such actions as are necessary to comply with conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to employment and management.
(5) Do such other things not inconsistent with law, as are necessary to perform properly the functions vested in him.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Acts 1986, No. 739, §1; Acts 1987, No. 736, §1; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2.
There may be a deputy state treasurer of the department, who shall be appointed by the state treasurer with consent of the Senate and who shall serve at the pleasure of the state treasurer at a salary fixed by the state treasurer, which salary shall not exceed the amount approved for such position by the legislature while in session. If appointed, the deputy state treasurer shall be the first assistant of the state treasurer. The duties and functions of the deputy state treasurer shall be determined and assigned by the state treasurer. He shall serve as acting state treasurer in the absence of the state treasurer as provided by law.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. There shall be a deputy state treasurer for management and finance of the Department of the Treasury who shall be appointed by the state treasurer with the consent of the Senate and who shall serve at the pleasure of the state treasurer at a salary fixed by the state treasurer, which salary shall not exceed the amount approved for such position by the legislature while in session. The deputy state treasurer for management and finance shall be directly responsible to and shall perform his functions under the supervision and control of the state treasurer.
B. The deputy state treasurer for management and finance shall direct and be responsible for the functions of the office of management and finance within the Department of the Treasury. In such capacity he shall be responsible for accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of the Treasury, except as otherwise specifically provided in this Title. He shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The deputy state treasurer for management and finance shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the state treasurer.
C. The duties and functions of the office of management and finance and of the deputy state treasurer for the office of management and finance shall be as provided in this Section, and these duties and functions shall not be subject to change by the state treasurer except that the deputy state treasurer for the office of management and finance shall perform such additional duties and functions as are assigned by the state treasurer.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. Each office within the Department of the Treasury, except the office of management and finance, shall be under the immediate supervision and direction of an assistant state treasurer, who shall be appointed by the state treasurer with consent of the Senate. Each shall serve at the pleasure of the state treasurer and shall be paid a salary which shall be fixed by the state treasurer, which salary shall not exceed the amount approved for such position by the legislature while in session.
B. Except as otherwise expressly provided in this Title, the duties and functions of each office and its assistant state treasurer shall be determined by the state treasurer, and all of such duties and functions shall be exercised under the direct supervision and control of the state treasurer.
C. Except as otherwise provided in R.S. 36:801, each assistant state treasurer shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of his office and its programs and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws.
D. Each assistant state treasurer shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the state treasurer.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The purposes for which the offices in the Department of the Treasury are created shall be as set forth in this Section.
B. The office of the State Bond Commission shall perform the functions of the state relating to the management, analysis and control of state debt; functions relating to the issuance of state bonds, and other functions performed by the State Bond Commission, all in accordance with applicable law.
C. The office of state depository control and investment shall perform the functions of the state treasurer relating to accounting and fiscal control and depository control of all funds deposited in the state treasury or otherwise received by the state treasurer, administering the state's cash flow management program, investment of state funds, and assisting the retirement systems transferred to the department with their investment programs.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. For purposes of this Chapter, references in Chapters 22 and 24 of this Title to the "secretary" shall refer to the state treasurer, references to the "undersecretary" shall refer to the deputy state treasurer for management and finance, and references to an "assistant secretary" shall refer to an assistant state treasurer.
B. The following agencies are transferred to and hereafter shall be within the Department of the Treasury, as provided in R.S. 36:802:
(1) State Bond Commission, including the powers, duties, functions, and responsibilities of any agencies which have been previously transferred to the State Bond Commission (Article VII, Section 8 of the Constitution of Louisiana; Chapter 11 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950 and other provisions of the Louisiana Revised Statutes of 1950 that apply to the commission.).
(2) Interim Emergency Board (Article VII, Section 7 of the Constitution of Louisiana; R.S. 39:461 et seq.).
(3) State Medical Disability Board (R.S. 11:219 and other provisions of Title 11 of the Louisiana Revised Statutes of 1950 that apply to the board).
C.(1) The following agencies, and the boards of each, except the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, are transferred to and shall be within the Department of the Treasury in accordance with the provisions of R.S. 36:801 and Paragraph (2) of this Subsection:
(a) Louisiana State Employees' Retirement System (R.S. 11:401 et seq.).
(b) Louisiana State Police Retirement System (R.S. 11:1301 et seq.).
(c) Louisiana School Employees' Retirement System (R.S. 11:1001 et seq.).
(d) Teachers' Retirement System of Louisiana (R.S. 11:701 et seq.).
(2)(a) Each agency placed within the Department of the Treasury by the provisions of this Subsection shall employ its own executive director and assistant director, if such positions are authorized by any other applicable law, independently of the treasurer, and may employ, appoint, remove, and assign such other personnel as otherwise authorized by law and as necessary to carry out its functions or duties.
(b) The assets of each system shall be held in trust by the fiduciaries who are named to the system's governing board in accordance with the election or appointment procedure outlined in the Louisiana Revised Statutes of 1950 pertinent to that system. Such fiduciaries shall have exclusive authority and discretion to manage and control the assets of the system. The assets of each system shall be held for the exclusive purpose of providing benefits to members of the system and their beneficiaries and defraying reasonable expenses of administering the system.
D. The State Bond and Tax Board is hereby abolished and its powers, duties, functions, and responsibilities are transferred and shall be exercised and performed within the Department of the Treasury to the extent and in the manner as otherwise provided by law.
E. The Louisiana Deferred Compensation Commission (R.S. 42:1301 et seq.) is placed within the Department of Treasury and shall exercise and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of R.S. 36:801.1.
Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 766, §1; Acts 1978, No. 788, §2; Acts 1979, No. 434, §3; Acts 1979, No. 745, §2, eff. July 20, 1979; Acts 1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1982, No. 1, §2, eff. May 6, 1982; Acts 1988, 1st Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1989, No. 310, §1; Acts 1989, No. 662, §§4, 8, eff. July 7, 1989; Acts 1990, No. 217, §1; Acts 1991, No. 645, §2, eff. July 1, 1991; Acts 1998, 1st Ex. Sess., No. 150, §3, eff. July 1, 1998; Acts 2010, No. 743, §15B, eff. July 1, 2010; Acts 2010, No. 861, §17; Acts 2011, No. 408, §3, eff. June 30, 2012; Acts 2012, No. 251, §2; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2015, No. 431, §1; Acts 2018, No. 399, §2, eff. June 30, 2018; Acts 2019, No. 434, §5(A), eff. June 30, 2019; Acts 2022, No. 623, §4, eff. July 1, 2022.
A. The Department of Veterans Affairs is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.
B. The Department of Veterans' Affairs, through its offices and officers, shall be responsible for and shall perform the functions of the state relating to the welfare of veterans, including the functions of the veterans service offices throughout the state, the agent orange directory, and the operation of healthcare facilities for war veterans, as provided by law.
C.(1) The Department of Veterans Affairs shall be composed of the executive office of the secretary and the office of management and finance, and such other offices as shall be created by law.
(2), (3) Repealed by Acts 2019, No. 390, §2.
Acts 2003, No. 1088, §1, eff. Jan. 12, 2004; Acts 2004, No. 392, §2, eff. June 23, 2004; Acts 2019, No. 390, §2.
A. The officers of the department shall be the secretary, the deputy secretary if a deputy secretary is appointed, and the undersecretary each of whom shall be selected and shall perform functions as provided in this Title.
B. No person serving as secretary, deputy secretary, or undersecretary shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices.
C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as secretary, deputy secretary, or undersecretary may receive additional compensation for part-time services rendered as an instructor in a postsecondary educational institution, or as a member of the National Guard.
Acts 2003, No. 1088, §1, eff. Jan. 12, 2004.
There shall be a secretary of veterans affairs who shall be appointed by the governor with consent of the Senate. Any person appointed as secretary shall be a veteran. He shall serve at the pleasure of the governor at a salary fixed by the governor which salary shall not exceed the amount approved for such position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of the Department of Veterans Affairs and shall have the responsibility for the policies of the department, except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department as provided by law. He shall perform his functions under the general control and supervision of the governor.
Acts 2003, No. 1088, §1, eff. Jan. 12, 2004.
A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this Title.
(3) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.
(4) Advise the governor on problems concerning the administration of the department.
(5) Act as the sole agent of the state or, in necessary cases, appoint a designee within the department to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.
(6) Make and publish an annual report to the governor and the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon request of the governor, the legislature, or any committee or member thereof.
(7) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget statement which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of both houses of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective houses.
(8)(a)(i) Establish and manage a Veterans' Honor Medal Program in order to recognize and honor all Louisiana veterans. The secretary shall design or cause to be designed a medal. A gold star shall be affixed and awarded to the next of kin of armed forces personnel killed in action. A silver star shall be affixed and awarded to armed forces personnel wounded in action.
(ii) Establish and manage a Civilian Honor Medal Program to recognize and honor the following individuals:
(aa) Civilian state employees for commendable service or achievement to military and veteran programs.
(bb) Civilians who have demonstrated important contributions and unwavering commitment to the military and veteran communities of the state of Louisiana and our country.
(cc) Individuals selected to receive a Civilian Honor Medal under the criteria established by this Item shall be distinguished from veterans by having a white ribbon.
(b) Have the authority to form an advisory committee of interested persons, including but not limited to the governor or his designee, the speaker of the Louisiana House of Representatives or his designee, the president of the Louisiana Senate or his designee, the adjutant general or his designee, the Louisiana secretary of veterans affairs or his designee, and various veterans. This committee shall assist the secretary in the design of the medals provided for in Subparagraph (a) of this Paragraph and accompanying certificates.
(c)(i) Determine eligibility for award of an Honor Medal provided for in this Section based upon military records such as DD-214 discharge paper or a DD-201 service record.
(ii) Select a civilian recipient based on the sole discretion of the secretary. In order to receive a Civilian Honor Medal, civilian recipients shall be residents of the state of Louisiana, shall not have a criminal record, and shall be of good moral character.
(d) Create an application for the distribution of the Honor Medal and Civilian Honor Medal in which the applicant may elect to receive a medal by one of the following methods:
(i) Delivery by the United States Postal Service.
(ii) Delivery to the Department of Veterans Affairs parish service office in the parish where the veteran or civilian resides.
(iii) Delivery to the veteran or civilian by the governor or his designee in a ceremony conducted by the Department of Veterans Affairs.
(e) Deliver each Honor Medal or Civilian Honor Medal pursuant to the method of delivery selected by the veteran or civilian on the application in accordance with Subparagraph (d) of this Paragraph.
(f) Deliver each Honor Medal to the applicant within forty-five days of receipt of the application unless the veteran elects to receive the medal in a ceremony conducted by the Department of Veterans Affairs.
(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the organizational chart.
(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (6) of this Subsection.
B. The secretary shall have the authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.
(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis.
(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.
(b) All of the above are to be accomplished in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the Department of Veterans Affairs, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.
(4) Do other such things, not inconsistent with law, as are necessary to perform properly the functions vested in him.
Acts 2003, No. 1088, §1, eff. Jan. 12, 2004; Acts 2008, No. 695, §1; Acts 2011, No. 59, §1, eff. June 20, 2011; Acts 2016, No. 557, §2; Acts 2025, No. 197, §1.
A. There may be a deputy secretary of the Department of Veterans Affairs who shall be appointed by the secretary with consent of the Senate and who shall serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. The duties and functions of the deputy secretary shall be determined and assigned by the secretary. If appointed, the deputy secretary shall serve as acting secretary in the absence of the secretary.
B. The deputy secretary may serve concurrently as the director of medical services who shall oversee medical operations at the veterans' homes of this state and provide oversight over all contracted physicians and manage veteran mental health programs and veteran homelessness within the department. If the deputy secretary also serves as the director of medical services, the salary shall be set by the secretary.
Acts 2003, No. 1088, §1, eff. Jan. 12, 2004; Acts 2024, No. 566, §1.
A. There shall be an undersecretary of the Department of Veterans Affairs who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The undersecretary shall be directly responsible to and shall perform his functions under the supervision and control of the secretary.
B. The undersecretary shall direct and be responsible for the functions of the office of management and finance within the Department of Veterans Affairs. In such capacity, he shall be responsible for accounting and budget control, procurement and contract management, data processing, management and program analysis, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Veterans Affairs, except as otherwise specifically provided in this Title. He shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.
C. The duties and functions of the office of management and finance and of the undersecretary shall be as provided in this Section, and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary.
Acts 2003, No. 1088, §1, eff. Jan. 12, 2004.
A. The Veterans' Affairs Commission (R.S. 29:253) is placed within the Department of Veterans Affairs and shall perform and exercise its powers, duties, functions, and responsibilities as provided for agencies transferred in accordance with R.S. 36:802.
B. The Department of Veterans Affairs (R.S. 29:251 et seq.) is hereby abolished and its powers, duties, functions, and responsibilities are transferred to the Department of Veterans Affairs and hereafter shall be exercised and performed as provided in Part IV of Chapter 22 of this Title.
Acts 2003, No. 1088, §1, eff. Jan. 12, 2004.
The agencies transferred in accordance with this Section shall continue to be composed and selected as provided by law; each agency shall continue to exercise all powers, duties, functions, and responsibilities provided or authorized for each by the constitution or laws which are in the nature of policymaking, rulemaking, licensing, regulation, enforcement, or adjudication and also shall continue to exercise all advisory powers, duties, and functions provided by law; each agency shall continue to administer and implement all programs provided or authorized for each by law which relate to rulemaking, licensing, regulation, enforcement, and adjudication; each agency shall continue to be governed by the Administrative Procedure Act, in its entirety, including provisions relative to adjudication proceedings, unless otherwise specifically provided by law; the executive head of each such agency shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of such powers, duties, functions, and responsibilities and for the administration and implementation of such programs, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department to which the agency is transferred, and subject to budgetary control and applicable laws; except as specifically provided in Paragraphs (1), (2), and (3) of this Section. The agencies transferred as provided in this Section shall exercise the powers, duties, functions, and responsibilities and shall administer and implement the programs authorized in this Section independently of the secretary, the undersecretary, and any assistant secretary, except that:
(1) The secretary of the department to which each is transferred shall exercise all functions necessary for the administration and implementation of the policies and rules of the agency which do not relate to rulemaking, licensing, regulation, enforcement, and adjudication, including personnel management, except as provided in Paragraph (2) below.
(2) The undersecretary of the department to which each is transferred shall, under the supervision and control of the secretary, perform and administer all functions of each agency which are in the nature of accounting and budget control, management and program analysis, and grants management.
(3) The secretary of the department shall exercise all functions of the transferred agencies which relate to payroll, personnel management, procurement, and contract management, which functions are hereby transferred to the secretary; provided, however, that this Paragraph (3) shall not apply to any retirement systems or retirement board.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1982, No. 708, §1; Acts 1989, No. 329, §2; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2004, No. 128, §1, eff. July 1, 2004; Acts 2004, No. 613, §1, eff. Jan. 1, 2005; Acts 2008, No. 559, §1, eff. July 1, 2008; Acts 2009, No. 82, §1; Acts 2009, No. 409, §3, eff. July 1, 2009; Acts 2010, No. 573, §1, eff. July 1, 2010; Acts 2021, No. 20, §5; Acts 2022, No. 623, §4, eff. July 1, 2022.
NOTE: See Acts 2004, No. 613, §3, relative to existing agricultural leases involving the White Lake property.
A. The agencies transferred in accordance with this Section shall continue to be comprised and selected as provided by law.
B. Each agency shall continue to exercise all powers, duties, functions, and responsibilities provided or authorized for each by the constitution or laws which are in the nature of policymaking, rulemaking, licensing, regulation, enforcement, or adjudication and also shall continue to exercise all advisory powers, duties, and functions provided by law, and each agency shall continue to administer and implement all programs provided or authorized for each by law.
C. The board or the executive head of each such agency shall continue to employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration and implementation of such programs, in accordance with applicable law and in accordance with applicable civil service laws, rules, and regulations.
D. Except as provided in R.S. 36:511, each such agency shall continue to perform and administer its functions which are in the nature of accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management.
E. The agencies transferred as provided in this Section shall exercise the powers, duties, functions, and responsibilities as provided by the constitution and by law and shall administer and implement the programs authorized in this Section or any other provision of law independently of the secretary, the undersecretary, and any assistant secretary.
Acts 1991, No. 88, §1, eff. June 26, 1991; Acts 1992, No. 727, §1; Acts 1992, No. 744, §1; Acts 1996, 1st Ex. Sess., No. 7, §2, eff. May 1, 1996; Acts 1998, 1st Ex. Sess., No. 144, §1, eff. July 1, 1998; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2003, No. 850, §1; Acts 2004, No. 248, §1, eff. June 15, 2004; Acts 2007, No. 307, §6; Acts 2010, No. 411, §1, eff. July 1, 2010; Acts 2010, No. 573, §1, eff. July 1, 2010; Acts 2010, No. 1014, §1; Acts 2010, No. 1014, §3, eff. Jan. 1, 2012; Acts 2014, No. 640, §1, eff. June 12, 2014; Acts 2018, No. 515, §1; Acts 2021, No. 20, §5; Acts 2022, No. 623, §4, eff. July 1, 2022.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2016, No. 314, §1(B).
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2025, No. 450, §4.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2013, No. 12, §1, eff. May 23, 2013.
Repealed by Acts 2017, No. 112, §2, eff. June 12, 2017.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2017, No. 112, §3, eff. June 12, 2017.
Repealed by Acts 2015, No. 401, §3(C).
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2017, No. 112, §5, eff. June 12, 2017.
Repealed by Acts 2015, No. 401, §3(C).
Repealed by Acts 2017, No. 112, §6, eff. June 12, 2017.
Repealed by Acts 2020, No. 75, §1, eff. June 5, 2020.
Repealed by Acts 2010, No. 890, §2, eff. July 2, 2010.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2016, No. 16, §2, eff. May 9, 2016.
The agencies transferred in accordance with this Section shall continue to be composed and selected as provided by law, and each shall continue to exercise all of the powers, duties, functions, and responsibilities provided or authorized for each by the constitution or laws which are in the nature of policymaking, rulemaking, licensing, regulation, enforcement, or adjudication and also shall continue to exercise all advisory powers, duties, functions, and responsibilities provided by law. Such powers, duties, functions, and responsibilities shall be exercised independently of the secretary and any assistant secretary, except that:
(1)(a) The secretary of the department to which each is transferred shall exercise all powers, duties, functions, and responsibilities necessary for the administration and implementation of the policies, rules, and decisions of the agencies so transferred, including the employing, appointing, removing, and promoting of necessary personnel. However, in the case of any agency transferred under the provisions of this Section and placed by the secretary within an office administered by an assistant secretary, the assistant secretary of the office, under the direct supervision and control of the secretary, shall exercise all powers, duties, functions, and responsibilities necessary for the administration and implementation of the policies, rules, and decisions of the agency, including the employing, appointing, removing, and promoting of necessary personnel.
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the secretary of the Department of Corrections, in the case of any agency transferred to the Department of Corrections under the provisions of this Section and placed by the secretary within an office administered by an assistant secretary, shall have the authority to employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the agency.
(2) The undersecretary of the department to which each is transferred shall, under the supervision and control of the secretary, perform and administer those functions of each which he is required to perform and administer to the extent provided for each by this Title.
Acts 1976, No. 513, §1; Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 119, §1; Acts 1978, No. 439, §2; Acts 1979, No. 258, §1; Acts 1980, No. 762, §1; Acts 1981, No. 621, §2, eff. Jan. 1, 1982; Acts 1982, No. 778, §2; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 862, §3; Acts 1984, No. 455, §1, eff. Oct. 1, 1984; Acts 1987, No. 737, §1; Acts 1988, 1st Ex. Sess., No. 2, §1, eff. Mar. 28, 1988; Acts 1988, No. 4, §2; Acts 1988, No. 796, §1, eff. July 18, 1988; Acts 1999, No. 944, §2; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2005, No. 428, §1, eff. July 1, 2005; Acts 2012, No. 269, §1, eff. May 25, 2012; Acts 2012, No. 600, §1, eff. June 7, 2012; Acts 2012, No. 759, §1, eff. June 12, 2012; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2013, No. 228, §1, eff. July 1, 2013; Acts 2018, No. 515, §1; Acts 2019, No. 238, §2; Acts 2021, No. 20, §5; Acts 2022, No. 623, §4, eff. July 1, 2022.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.
Repealed by Acts 2013, No. 228, §3, eff. July 1, 2013.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2012, No. 811, §17, eff. July 1, 2012.
Repealed by Acts 2017, No. 237, §3.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2010, No. 861, §22.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2014, No. 832, §7(B).
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2016, No. 69, §2.
Repealed by Acts 2016, No. 314, §2(B).
Repealed by Acts 2016, No. 604, §3.
A.(1) The agencies transferred in accordance with this Section, all of which are charged by law with the responsibility for the regulation, examination, certification, and licensing of persons in this state, and the enforcement of the laws relating thereto, shall continue to be composed and selected as provided by law, and each shall continue to exercise all of the powers, duties, functions, and responsibilities provided or authorized for each by the constitution or laws which are in the nature of policymaking, rulemaking, certification, licensing, regulation, enforcement, or adjudication and also shall continue to exercise all advisory powers, duties, functions, and responsibilities provided by law.
(2) In addition, each of those agencies shall continue to impose, collect, and retain license or certification fees as provided by law; issue and renew certificates for qualified applicants, set standards for and approve the preparation, conduct, and administration of its own examinations, and be responsible, as otherwise provided by law, for carrying out the laws relative to its profession or occupation to the extent that such laws provide for rulemaking, certification, licensing, regulations, testing, inspection, enforcement, and adjudication by the agency.
(3) Each such agency shall be subject to budget review of the undersecretary and shall be required to comply with all accounting, reporting, audit, and review requirements which are applicable to budget units. The undersecretary of the department to which each such agency is transferred shall, under the supervision and control of the secretary, review procurement and contract management for the agency. In addition, the license fees and any other fees charged by such agencies shall be subject to review by the secretary, and the secretary may make recommendations to the legislature for changes in such fees as he deems necessary.
(4) The secretary of the department to which each such agency is transferred shall review the number of employees which the agency may employ; however, the executive head of the agency shall employ, appoint, remove, assign, and promote such personnel, in accordance with applicable civil service laws, rules, and regulations and subject to other applicable laws.
B. Each of the agencies referred to in Subsection A of this Section shall be required to comply with the provisions of the "Louisiana Licensing Agency Budget Act" as contained in R.S. 39:1331 through 1342.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 767, §1; Acts 1979, No. 359, §1; Acts 1981, No. 799, §2; Acts 1988, No. 555, §2, eff. July 14, 1988; Acts 1989, No. 751, §1, eff. July 8, 1989; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2003, No. 850, §1; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2018, No. 515, §1; Acts 2021, No. 20, §5; Acts 2022, No. 623, §4, eff. July 1, 2022.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2016, No. 577, §3.
Repealed by Acts 2009, No. 438, §15(B).
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 1978, No. 444, §2.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
The books, papers, records, moneys, actions, and other property of every kind and description, movable and immovable, real and personal, possessed, controlled, or used by each agency transferred in accordance with this Part, shall be transferred with each agency to the department but shall continue to be owned, possessed, controlled, and used by each agency so transferred. The employees of each agency transferred in accordance with this Part, to the extent required and in accordance with applicable civil service laws, shall be transferred with the agency to the department and shall continue to be controlled by the agency and its executive head to the extent provided in the provisions relative to the respective transfer of each.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The legislature hereby specifically states that this Title is in no way and to no extent intended to nor shall it be construed in any manner which will impair the contractual or other obligations of any agency transferred by this Title or of the state of Louisiana.
B. This Title shall not be construed or applied in any way which will prevent full compliance by the state, or any department, office, or agency thereof, with the requirements of any Act of the Congress of the United States or any regulation made thereunder by which federal aid or other federal assistance has been or hereafter is made available to this state, or any department, office, agency, or subdivision thereof, anything contained in this Title to the contrary notwithstanding.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The powers, duties, functions, responsibilities, programs, and operations as vested by the constitution and laws of this state of each of the agencies transferred in accordance with this Part, upon and after the date of each such transfer, shall be exercised by and be under the administration and control of the secretary of the department to which each is transferred, except for those functions of each which are required to be performed and administered by the undersecretary of each department, as heretofore provided for each by this Title.
B. The secretary of each department shall have full authority, to the extent not inconsistent with this Title, to assign powers, duties, functions, responsibilities, programs, and operations of any agency transferred in accordance with the provisions of this Part to any other agency so transferred or to an office within the department, or may determine that any or all of them shall be exercised in such other manner, not inconsistent with law, as he shall decide. The powers, duties, and functions hereafter to be exercised and performed by each of the agencies transferred in accordance with the provisions of this Part and by each office in the department shall be determined by the secretary, in accordance with the general functions of each office as set forth in the applicable provisions of this Title for each office.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1981, No. 858, §2, eff. Jan. 1, 1982; Acts 1988, No. 785, §1; Acts 1997, No. 273, §2; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2015, No. 401, §3(B); Acts 2016, No. 14, §1, eff. May 9, 2016; Acts 2017, No. 112, §1, eff. June 12, 2017; Acts 2021, No. 20, §5; Acts 2022, No. 623, §4, eff. July 1, 2022.
Repealed by Acts 2021, No. 20, §9.
Upon the transfer of each agency in accordance with this Part, any pending or unfinished business of each such agency shall be taken over and be completed by the department to which transferred and its secretary, with the same power and authority as that of the agency transferred. The department and its secretary shall be the successor in every way to each agency, and every act done by the department or its secretary in the exercise of the functions of each shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this Section as if done by the agency transferred.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
Wherever any agency transferred hereby is referred to or designated by the constitution or by any law or contract or other document, after the effective date of the transfer of such agency such reference or designation shall be deemed to apply to the department to which the transfer is made and/or its secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. For purposes of this Section "legal proceeding" includes, but is not limited to, any suit, action, incidental demand or action, claim, and any other matter filed or pending before any court, administrative agency, or other judicial or quasi-judicial body.
B. For purposes of this Section, "document" includes, but is not limited to, any petition, application, exception, motion, rule, answer, incidental demand, citation, notice, return, affidavit, certificate, oath, bond or other security, summons, subpoena, writ, interrogatory, deposition, inventory, appraisal, evidence, court record, instruction, verdict, judgment, order, injunction, confirmation, appointment, warrant, letter, homologation, and any other pleading or instrument whatsoever permitted or required in any legal proceeding.
C. Any legal proceeding to which any agency transferred in accordance with the provisions of this Part is a party and which is filed, initiated, or otherwise pending before any court on the effective date of such transfer, and all documents involved in or affected by said legal proceeding, shall retain their effectiveness and shall be continued in the name of the agency so transferred. All further legal proceedings and documents in the continuation, disposition, and enforcement of said legal proceeding shall be in the name of the original party agency transferred in accordance with the provisions of this Part, and the department to which the original party agency and its functions are transferred shall be substituted for the original party agency without necessity for amendment of any document to substitute the name of the department or the name or title of any office, official, employee, or other agent or representative of the department. Any legal proceeding, and all documents involved in or affected by such legal proceeding, which has been continued in the name of the department after the effective date of the transfer of an agency transferred in accordance with the provisions of this Part and prior to the effective date of this Section, shall retain their effectiveness, and those provisions of this Section requiring that the continuation, disposition, and enforcement of a legal proceeding and documents related thereto shall be in the name of the agency shall not apply to or affect the validity of such legal proceeding.
Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The legislature hereby specifically states that this Title is in no way and to no extent intended to nor shall it be construed in any manner which will impair the contractual or other obligations of any agency transferred by this Title or of the state of Louisiana. It is hereby specifically provided that all obligations of any agency transferred in accordance with this Part hereafter shall be deemed to be the obligations of the department to which the agency is transferred and of its secretary to the same extent as if originally made by them. In like manner, and in order to prevent any violation of the provisions, terms, or conditions of any gift, donation, deed, will, trust, or other instrument or disposition by which property of any kind has been vested in an agency transferred by this Title, or diversion from the purposes for which such property was thus vested in any agency, it is hereby specifically provided that each such instrument or disposition hereafter shall be deemed to have been vested in the department to which the agency is transferred and its secretary in the same manner and to the same extent as if originally so done.
B. The department to which each agency is transferred and its secretary shall be the successor in every way to each agency transferred and from which functions are or may be merged and consolidated, including all of the obligations and debts of each agency. All funds heretofore dedicated by or under authority of the constitution and laws of this state or any of its subdivisions to the payment of any bonds issued for construction or improvements for any institution or facility under the control of any agency hereby transferred shall continue to be collected and dedicated to the payment of those bonds, unless under the constitution and laws such bonds are now being paid out of moneys in the Bond Security and Redemption Fund. In like manner, all other dedications and allocations of revenues and sources of revenues heretofore made, which are constitutional under the Louisiana Constitution of 1974, shall continue, until otherwise hereafter provided by the constitution, in the same manner, to the same extent, and for the same purposes as were provided prior to the enactment of this Title.
C. This Title shall not be construed or applied in any way which will prevent full compliance by the state, or any department, office, or agency thereof, with the requirements of any Act of the Congress of the United States or any regulation made thereunder by which federal aid or other federal assistance has been or hereafter is made available to this state, or any department, office, agency, or subdivision thereof, anything contained in this Title to the contrary notwithstanding, and such compliance hereafter shall be accomplished by the secretary insofar as such compliance affects any agency transferred in accordance with the provisions of this Part.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
All books, papers, records, money, actions, and other property of every kind, movable and immovable, real and personal, heretofore possessed, controlled, or used by each agency transferred in accordance with this Part are hereby transferred to the department to which the agency is transferred.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
All employees heretofore engaged in the performance of duties in each agency transferred in accordance with this Part are hereby transferred to the department to which the employing agency is transferred, to the extent the secretary deems necessary to carry out the functions of the agency so transferred and shall, insofar as practicable and necessary, continue to perform the duties heretofore performed, subject to applicable state civil service laws, rules, and regulations.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The functions, powers, duties, responsibilities, programs, and operations of each of the agencies transferred in accordance with this Part, on the date of each such transfer, shall vest in and thereafter be the responsibility of the secretary of the department to which the transfer is made and shall be administered by the secretary in accordance with the powers vested in him by this Title and the applicable laws pertaining to each agency, except for those functions of each which are required to be performed and administered by the undersecretary of the department as heretofore provided for each by this Title. Each agency thus transferred shall continue in existence, the members thereof shall continue in office and hereafter shall be selected in the manner provided by law for each, and each agency hereafter shall serve solely in an advisory capacity to the secretary with respect to policies concerning matters within the purview of each as originally created.
B. The secretary of each department shall have full authority, to the extent not inconsistent with this Title, to assign powers, duties, functions, responsibilities, programs, and operations of any agency transferred in accordance with the provisions of this Part to any other agency so transferred or to an office within the department, or may determine that any or all of them shall be exercised in such other manner, not inconsistent with law, as he shall decide. The powers, duties, and functions hereafter to be exercised and performed by each of the agencies transferred in accordance with the provisions of this Part and by each office in the department shall be determined by the secretary, in accordance with the general functions of each office set forth in the applicable provisions of this Title for each office.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 119, §1. Acts 1983, 1st Ex. Sess., No. 59, §2, eff. Feb. 7, 1983. Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1988, No. 882, §4; Acts 1992, No. 1058, §2; Acts 1999, No. 367, §2; Acts 2012, No. 269, §1, eff. May 25, 2012; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2021, No. 20, §5; Acts 2022, No. 623, §4, eff. July 1, 2022.
Upon the transfer of each agency in accordance with this Part, any pending or unfinished business of each such agency shall be taken over and be completed by the department to which transferred and its secretary, with the same power and authority as that of the agency transferred. The department and its secretary shall be the successor in every way to each agency, and every act done by the department or its secretary in the exercise of the functions of each shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this Section as if done by the agency transferred.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
Wherever any agency transferred hereby is referred to or designated by the constitution or by any law or contract or other document, after the effective date of the transfer such reference or designation shall be deemed to apply to the department to which the transfer is made and/or its secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. For purposes of this Section "legal proceeding" includes, but is not limited to, any suit, action, incidental demand or action, claim, and any other matter filed or pending before any court, administrative agency, or other judicial or quasi-judicial body.
B. For purposes of this Section, "document" includes, but is not limited to, any petition, application, exception, motion, rule, answer, incidental demand, citation, notice, return, affidavit, certificate, oath, bond or other security, summons, subpoena, writ, interrogatory, deposition, inventory, appraisal, evidence, court record, instruction, verdict, judgment, order, injunction, confirmation, appointment, warrant, letter, homologation, and any other pleading or instrument whatsoever permitted or required in any legal proceeding.
C. Any legal proceeding to which any agency transferred in accordance with the provisions of this Part is a party and which is filed, initiated, or otherwise pending before any court on the effective date of such transfer, and all documents involved in or affected by said legal proceeding, shall retain their effectiveness and shall be continued in the name of the agency so transferred. All further legal proceedings and documents in the continuation, disposition, and enforcement of said legal proceeding shall be in the name of the original party agency transferred in accordance with the provisions of this Part, and the department to which the original party agency and its functions are transferred shall be substituted for the original party agency without necessity for amendment of any document to substitute the name of the department or the name or title of any office, official, employee, or other agent or representative of the department. Any legal proceeding, and all documents involved in or affected by such legal proceeding, which has been continued in the name of the department after the effective date of the transfer of an agency transferred in accordance with the provisions of this Part and prior to the effective date of this Section, shall retain their effectiveness, and those provisions of this Section requiring that the continuation, disposition, and enforcement of a legal proceeding and documents related thereto shall be in the name of the agency shall not apply to or affect the validity of such legal proceeding.
Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The legislature hereby specifically states that this Title is in no way and to no extent intended to nor shall it be construed in any manner which will impair the contractual obligations of any agency transferred by this Title or of the state of Louisiana. It is hereby specifically provided that all obligations of any agency transferred in accordance with this Part hereafter shall be deemed to be the obligations of the department to which the agency is transferred and of its secretary, to the same extent as if originally made by them. In like manner, and in order to prevent any violation of the provisions, terms, or conditions of any gift, donation, deed, will, trust, or other instrument or disposition by which property of any kind has been vested in an agency transferred by this Title, or diversion from the purposes for which such property was thus vested in any agency, it is hereby specifically provided that each such instrument or disposition hereafter shall be deemed to have been vested in the department to which the agency is transferred and its secretary in the same manner and to the same extent as if originally so done.
B. The department to which each agency is transferred and its secretary shall be the successor in every way to each agency transferred and from which functions are or may be merged and consolidated, including all of the obligations and debts of each agency. All funds heretofore dedicated by or under authority of the constitution and laws of this state or any of its subdivisions to the payment of any bonds issued for construction or improvements for any institution or facility under the control of any agency hereby transferred shall continue to be collected and dedicated to the payment of those bonds, unless under the constitution and laws such bonds are now being paid out of moneys in the Bond Security Redemption Fund. In like manner, all other dedications and allocations of revenues and sources of revenues heretofore made, which are constitutional under the Louisiana Constitution of 1974, shall continue, until otherwise hereafter provided by the constitution, in the same manner, to the same extent, and for the same purposes as were provided prior to the enactment of this Title.
C. This Title shall not be construed or applied in any way which will prevent full compliance by the state, or any department, office, or agency thereof, with the requirements of any Act of the Congress of the United States or any regulation made thereunder by which federal aid or other federal assistance has been or hereafter is made available to this state or any department, office, agency, or subdivision thereof, anything contained in this Title to the contrary notwithstanding, and such compliance hereafter shall be accomplished by the secretary insofar as such compliance affects any agency transferred in accordance with the provisions of this Part.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
All books, papers, records, money, actions, and other property of every kind, movable and immovable, real and personal, heretofore possessed, controlled, or used by each agency transferred in accordance with this Part are hereby transferred to the department to which the agency is transferred.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
All employees heretofore engaged in the performance of duties in each agency transferred in accordance with this Part are hereby transferred to the department to which the employing agency is transferred, to the extent the secretary deems necessary to carry out the functions so transferred and shall, insofar as necessary and practicable, continue to perform the duties heretofore performed, subject to applicable state civil service laws, rules, and regulations.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.
Repealed by Acts 2006, No. 713, §4, eff. July 1, 2006.
Repealed by Acts 2021, No. 20, §9.
Repealed by Acts 2010, No. 743, §13, eff. July 1, 2010.
Repealed by Acts 2008, No. 815, §5.
Repealed by Acts 2021, No. 20, §9.
NOTE: See Acts 2013, No. 184, §17, relative to property and funds of entities abolished by the Act.
A. The powers, duties, functions, responsibilities, programs, and operations as vested by the constitution and laws of the state of each of the agencies abolished, upon and after the date of each such abolition, shall be exercised and performed by and be under the administration and control of the secretary of the department to which such powers, duties, functions, and responsibilities are transferred. The secretary shall assign those functions of each which are required to be performed and administered by the undersecretary of each department, as heretofore provided for each department by this Title, to the undersecretary.
B. Except as provided in Subsection A above, the secretary of each department shall have full authority, to the extent not inconsistent with this Title, to assign powers, duties, functions, responsibilities, programs, and operations of abolished agencies, which are transferred to the secretary in accordance with the provisions of this Part, to any other agency transferred to the department or to an office within the department, or may determine that any or all of them shall be exercised in such other manner, not inconsistent with law, as he shall decide. The secretary shall make such assignment or determination in accordance with the general functions of each office as set forth in the applicable provisions of this Title for each office.
C. Notwithstanding Subsections A and B of this Section, the powers, duties, functions, responsibilities, programs, and operations as vested by the laws of the state, of the office abolished by the provisions of R.S. 36:459(F), upon and after the date of such abolition shall be exercised and performed by and be under the administration and control of the assistant secretary of the office to which such powers, duties, functions, employees, and responsibilities are transferred.
D. The powers, duties, functions, responsibilities, programs, and operations, as vested by the laws of the state, of the division abolished by the provisions of R.S. 36:459(G), upon and after the date of such abolition, shall be transferred in accordance with Subsections A and B of this Section, except as otherwise provided in R.S. 36:459(G) and this Chapter. The transfer effected by this Subsection includes the transfer of all administrative rules which regulate charitable gaming and which were adopted by the division of charitable gaming, office of state police, Department of Public Safety and Corrections. Those rules shall remain effective and shall be administered and enforced by the office of charitable gaming, Department of Revenue, until that office amends, repeals, or replaces those rules.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1981, No. 422, §1; Acts 1981, No. 490, §2; Acts 1981, No. 858, §1, eff. Jan. 1, 1982; Acts 1987, No. 737, §1; Acts 1995, No. 1188, §3, eff. June 29, 1995; Acts 1999, No. 568, §1, eff. June 30, 1999; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2021, No. 20, §5; Acts 2022, No. 623, §4, eff. July 1, 2022.
Upon the abolition of each agency whose powers, duties, functions, and responsibilities are transferred in accordance with this Part, any pending or unfinished business of each such agency shall be taken over and be completed by the department to which transferred and its secretary, with the same power and authority as that of the agency abolished. The department and its secretary shall be the successor in every way to each such agency, and every act done by the department or its secretary in the exercise of the functions of each shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this Section as if done by the agency abolished.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
Wherever any agency abolished, whose powers, duties, functions, and responsibilities are transferred as provided in this Part, is referred to or designated by the constitution or by any law or contract or other document, after the effective date of the abolition of such agency such reference or designation shall be deemed to apply to the department to which the transfer is made and/or its secretary.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. For purposes of this Section, "legal proceeding" includes, but is not limited to, any suit, action, incidental demand or action, claim, and any other matter filed or pending before any court, administrative agency, or other judicial or quasi-judicial body.
B. For purposes of this Section, "document" includes, but is not limited to, any petition, application, exception, motion, rule, answer, incidental demand, citation, notice, return, affidavit, certificate, oath, bond or other security summons, subpoena, writ, interrogatory, deposition, inventory, appraisal, evidence, court record, instruction, verdict, judgment, order, injunction, confirmation, appointment, warrant, letter, homologation, and any other pleading or instrument whatsoever permitted or required in any legal proceeding.
C. Any legal proceeding to which any agency, which is abolished and the powers, duties, functions, and responsibilities of which are transferred in accordance with the provisions of this Part, is a party and which is filed, initiated, or otherwise pending before any court on the effective date of such abolition and transfer, and all documents involved in or affected by said legal proceeding, shall retain their effectiveness and shall be continued in the name of the agency abolished. All further legal proceedings and documents in the continuation, disposition, and enforcement of said legal proceeding shall be in the name of the original party agency which is abolished, and the department to which the powers, duties, functions, and responsibilities of the agency are transferred shall be substituted for the original party agency without necessity for amendment of any document to substitute the name of the department or the name or title of any office, official, employee, or other agent or representative of the department. Any legal proceeding, and all documents involved in or affected by such legal proceeding, which has been continued in the name of the department after the effective date of the abolition of an agency so abolished, the powers, duties, functions, and responsibilities of which are so transferred, and prior to the effective date of this Section, shall retain their effectiveness, and those provisions of this Section requiring that the continuation, disposition and enforcement of a legal proceeding and documents related thereto shall be in the name of the agency shall not apply to or affect the validity of such legal proceeding.
Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The legislature hereby specifically states that this Title is in no way and to no extent intended to nor shall it be construed in any manner which will impair the contractual or other obligations of any agency abolished by this Title or of the state of Louisiana. It is hereby specifically provided that all obligations of any agency abolished, whose powers, duties, functions, and responsibilities are transferred in accordance with this Part, hereafter shall be deemed to be the obligations of the department to which the powers, duties, functions, and responsibilities of the agency are transferred and of its secretary to the same extent as if originally made by them. In like manner, and in order to prevent any violation of the provisions, terms, or conditions of any gift, donation, deed, will, trust, or other instrument or disposition by which property of any kind has been vested in an agency abolished by this Title, or diversion from the purposes for which such property was thus vested in any such agency, it is hereby specifically provided that each such instrument or disposition hereafter shall be deemed to have been vested in the department to which the powers, duties, functions, and responsibilities of the agency are transferred and its secretary in the same manner and to the same extent as if originally so done.
B. The department to which the powers, duties, functions, and responsibilities of each such agency are transferred and its secretary shall be the successor in every way to each such agency, including all of the obligations and debts of each such agency. All funds heretofore dedicated by or under authority of the constitution and laws of this state or any of its subdivisions to the payment of any bonds issued for construction or improvements for any institution or facility under the control of any such agency shall continue to be collected and dedicated to the payment of those bonds, unless under the constitution and laws such bonds are now being paid out of moneys in the Bond Security and Redemption Fund. In like manner, all other dedications and allocations of revenues and sources of revenues heretofore made, which are constitutional under the Louisiana Constitution of 1974, shall continue, until otherwise hereafter provided by the constitution, in the same manner, to the same extent, and for the same purposes as were provided prior to the enactment of this Title.
C. This Title shall not be construed or applied in any way which will prevent full compliance by the state, or any department, office, or agency thereof, with the requirements of any Act of the Congress of the United States or any regulation made thereunder by which federal aid or other federal assistance has been or hereafter is made available to this state, or any department, office, agency, or subdivision thereof, anything contained in this Title to the contrary notwithstanding, and such compliance hereafter shall be accomplished by the secretary insofar as such compliance affects any abolished agency whose powers, duties, functions, and responsibilities are transferred in accordance with the provisions of this Part.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
All books, papers, records, money, actions, and other property of every kind, movable and immovable, real and personal, heretofore possessed, controlled, or used by each agency abolished whose powers, duties, functions, and responsibilities are transferred in accordance with this Part are hereby transferred to the department to which such powers, duties, functions, and responsibilities are transferred.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
All employees heretofore engaged in the performance of duties in each agency abolished whose powers, duties, functions, and responsibilities are transferred in accordance with this Part are hereby transferred to the department to which such powers, duties, functions, and responsibilities are transferred, to the extent the secretary deems necessary to carry out the functions of the abolished agency and shall, insofar as practicable and necessary, continue to perform the duties heretofore performed, subject to applicable state civil service laws, rules, and regulations.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The Joint Legislative Committee on Reorganization of the Executive Branch is hereby created to undertake all necessary study and to propose legislation to the legislature to reorganize the executive branch of state government as contemplated by Article IV, Section 1 of the Constitution of Louisiana and in particular the transfer, allocation, or consolidation of state agencies and their powers, duties, functions, and responsibilities as contemplated by R.S. 36:2 and 4.
B. The committee shall be composed of fifteen members: five members of the Senate, to be appointed by the president of the Senate from a list of nominees submitted by the Senate Committee on Senate and Governmental Affairs, five members of the House of Representatives, to be appointed by the speaker of the House of Representatives from a list of nominees submitted by the House Committee on House and Governmental Affairs, and five members appointed by the governor. Vacancies shall be filled in the manner of the original appointments.
Acts 1997, No. 1045, §1.
The committee created in this Chapter shall hold its organizational meeting within ninety days after adjournment sine die of the 1997 Regular Session of the Legislature on the call of the speaker of the House of Representatives and the president of the Senate, acting jointly. At such organizational meeting the committee shall elect such officers as it shall find necessary.
Acts 1997, No. 1045, §1.
The committee created in this Chapter shall make such studies as it shall find necessary or appropriate to reorganize the executive branch of state government and to carry out the purposes of reorganization as stated in this Title, which studies shall include but not be limited to: the nature of the powers, duties, functions, and responsibilities of all departments and agencies in the executive branch; how such powers, duties, functions, and responsibilities may be allocated among the departments of the executive branch in order to eliminate duplication, to coordinate the provision of services, and to deliver services to the public so as to achieve the greatest benefit at the most economical cost; how department and agency functions and duties may be performed more effectively and economically by merger and consolidation, abolition, or division of departments or agencies or other changes in department or agency structure; the impact of such proposed changes on provision of services to the public and on the cost of providing such services; how the responsibilities of agencies with respect to management, finance, budget, and personnel may be consolidated or allocated in order to facilitate the budgetary process, provide greater legislative oversight, and encourage economy and efficiency in government; how departments may determine levels of productivity as determined by efficiency and economy and may measure and improve such productivity; and how the legislature may provide for and oversee the continuous reorganization, merger, and consolidation of agencies and offices in the executive branch.
Acts 1997, No. 1045, §1.
The committee shall complete its study and determine its recommendations to the legislature no later than January 15, 1999, and shall submit to each member of the legislature and to the governor, no later than March 1, 1999, the complete results of its study, the report of its findings and its recommendations based thereon, together with a draft of such legislation as shall be necessary to accomplish its recommendations.
Acts 1997, No. 1045, §1.
A. The committee, for the purposes of conducting the study as provided in this Chapter, is authorized to utilize the personnel, facilities, and services of the legislative auditor, the legislative fiscal officer, and the staffs of the House of Representatives and the Senate. The committee may request of and utilize such counsel, assistance, personnel, facilities, and advice as may be obtained from any and all public sources and from any and all private sources, including but not necessarily restricted to private research agencies, individuals, and organizations.
B. The committee is authorized to make, or cause to be made, any studies it may find useful to the purposes of this Chapter through legislative personnel or in cooperation with any public or private agency including universities, colleges, foundations, charitable corporations, and research organizations, and the committee may call upon the members or staffs of any and all existing departments or agencies of the state for data and assistance and all such agencies and departments shall cooperate with the committee.
C. The legislative auditor, the legislative fiscal officer, or the staff of the House of Representatives or the staff of the Senate, upon direction of the committee, may employ necessary staff and may receive and expend funds appropriated or otherwise made available by the legislature or from any other source, including gifts, donations, and grants of money or services from public or private persons or agencies, for the purpose of such studies as the committee is authorized to undertake.
D. At the written request of the committee, the head or governing authority of any state department, agency, or other instrumentality shall make available to the committee any officer or employee thereof, selected by the committee in consultation with the agency head, to be assigned to the committee to aid and assist in the carrying out of its functions, duties, and obligations for as long as is deemed necessary by the committee and the compensation and expenses of any such person so assigned shall be borne by and paid out of the funds appropriated to the particular agency from which he was selected.
E. The committee may receive grants, donations, or gifts of money or services from public or private organizations or from any other sources, to be utilized for the purposes of the committee.
F. The committee may create or appoint advisory committees or task forces to act in an advisory capacity or to assist in its studies, composed of such representatives of the public and private sectors as it shall deem appropriate.
G.(1) The committee shall have the power and authority to hold hearings, subpoena witnesses, administer oaths, require the production of books and records, and do all other things necessary to discharge its duties and responsibilities under this Chapter. Subpoenas shall be served by any agent of the committee, by the sheriff, or by any other officer authorized by law to serve process in this state.
(2) In the case of failure or refusal of a person to comply with a subpoena issued by the committee, or in the case of the refusal of a witness to testify or answer as to a matter regarding which he may be lawfully interrogated, any district court on the application of the committee may, in term time or in vacation, issue an attachment for the person to compel him to comply with the subpoena and to appear before the committee with the desired documents and to give testimony upon whatever matters are lawfully required. The court may punish for contempt those disobeying its orders as in the case of disobedience of a subpoena issued by the court or refusal to testify therein.
(3) Perjury and false swearing before the committee shall be punished in accordance with the laws of the state.
Acts 1997, No. 1045, §1.
The members of the committee created by this Chapter shall receive the same per diem and travel allowance in the performance of their duties as is provided for members of the legislature. Such per diem and allowance and all other expenses directly incurred by the committee shall be paid out of funds available to the presiding officers of the two houses of the Louisiana Legislature for expenses of the legislature and committees and other funds that may be made available for the purpose.
Acts 1997, No. 1045, §1.
The Joint Legislative Committee on Reorganization of the Executive Branch shall be deemed dissolved upon the adjournment sine die of the 1999 Regular Session of the Legislature.
Acts 1997, No. 1045, §1.
A. In order to effect an orderly transfer of the agencies and the powers, duties, responsibilities, and functions of agencies as provided in this Title, to departments for which transfers and abolitions of agencies were not approved prior to the effective date of the Act by which this Part is enacted, and in order to achieve maximum reorganization and consolidation within such departments, the procedures to be followed for such purposes shall be as set forth in this Chapter, and more specifically as provided in this Part.
B. This Part shall be applicable to the following departments: the Department of Corrections, the Department of Health and Human Resources, the Department of Agriculture, the Department of Education, the Department of Elections and Registration, the Department of Insurance, the Department of Justice, the Department of Public Service, the Department of State, and the Department of the Treasury.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The chief administrative authority of each agency transferred or abolished by this Title, which agency or its functions are transferred to the Department of Corrections or the Department of Health and Human Resources, shall transmit to the governor through the commissioner of administration or to the committee, upon request, any information necessary to implement the reorganization, including but not limited to: (a) a complete list of all personnel, including salaries and job descriptions; (b) a complete inventory of all furniture, fixtures, and equipment of every kind; (c) financial data and information; (d) a summary of all floor space in state office buildings or otherwise then being utilized. Every such agency and the personnel thereof shall fully cooperate with the governor, the commissioner, and the committee, who shall be responsible for carrying out the purposes of this Part.
B. The chief administrative authority of each agency transferred or abolished by this Title, which agency or its functions are transferred to one of the departments to which this Part is applicable other than as designated in Subsection A hereof, shall transmit such information as described in Subsection A to the committee upon request and every such agency shall fully cooperate with the committee.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. On and after January 1, 1976, the governor may appoint any secretary, undersecretary, or assistant secretary which he has authority to appoint under the provisions of this Title. After the appointment of the secretary by the governor, the secretary may appoint the deputy secretary and other necessary personnel for his department as he deems necessary. Other appointments authorized by this Title may be made after the effective date of this Part.
B. The officers of the departments designated in R.S. 36:951, except the Department of Health and Human Resources, shall determine a workable transition plan for reorganization and consolidation of such departments in accordance with the provisions of this Title. This plan shall include detailed procedures for such realignment, distribution, assignment, consolidation, and coordination of agencies, powers, duties, functions, and responsibilities within each department, not inconsistent with the provisions of this Title, as they shall determine, and also shall include the procedures for the transfer and utilization of positions, personnel, funds, office space, facilities, and equipment, and such other detail as is necessary to effectuate the purposes of this Title. Such plan shall be completed no later than October 1, 1977. When completed, this plan shall be submitted to the Joint Legislative Committee on Reorganization of the Executive Branch. A copy thereof shall be submitted to the governor and to the commissioner of administration. The plan for the Department of Corrections shall be submitted to the joint committee, the governor, and to the commissioner of administration.
C. The Joint Legislative Committee on Reorganization of the Executive Branch shall create a special task force to perform a management and program analysis of the Department of Health and Human Resources, which task force shall prepare a report and recommendations for the implementation plan for the reorganization and consolidation of the department in accordance with the provisions of this Title and shall submit such findings and recommended plan to the Joint Legislative Committee on Reorganization of the Executive Branch at such time as the joint committee shall direct. The task force shall consist of three persons selected by the joint committee and assigned by the Department of Health and Human Resources, five persons employed by the committee, one of whom shall direct the study, and may include a person assigned from the Legislative Fiscal Office. Such other persons may be assigned to the task force in the discretion of the joint committee as may be made available to the joint committee under the provisions of this Title or otherwise. The task force shall be responsible to and shall report directly to the joint committee, through the chairman of the committee. The findings and recommendations of the task force shall serve as a basis for the implementation plan for the department which shall be completed and approved by the committee, with the assistance of the task force. In determining and approving such plan the joint committee shall conduct such hearings and seek such advice, assistance, and information from the Department of Health and Human Resources and other sources as it shall deem appropriate. When completed and approved by the joint committee, the committee shall submit such plan to the governor and the commissioner of administration for their approval. Preparation of such plan and submission thereof shall in no way limit the further study of the department by the task force or the joint committee or further implementation of reorganization and consolidation of the department as provided in this Title, and particularly in Part II of this Chapter.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
A.(1) Each of the transfers and abolitions of agencies for which provision is made in this Title, which agencies or their functions are transferred to one of the following departments, shall become effective on such date after the effective date of this Part and on or no later than December 31, 1977, as shall be determined as provided in this Subsection:
(a) The Department of Agriculture
(b) The Department of Education
(c) The Department of Elections and Registration
(d) The Department of Insurance
(e) The Department of Justice
(f) The Department of Public Service
(g) The Department of State
(h) The Department of the Treasury
(2) The transfer or abolition of each agency transferred or abolished and subject to the provisions of this Subsection and the organization of the department provided in the approved implementation plan shall become effective on such date as shall be approved by the secretary of the department to which the agency and/or its powers, duties, functions, and responsibilities are transferred and the Joint Legislative Committee on Reorganization of the Executive Branch, which date, after such approval has been granted, shall have been published in the State Register thirty days prior to such date, together with a statement that the approval has been granted by each of the persons and the committee required to so approve the date.
(3) The Joint Legislative Committee on Reorganization of the Executive Branch shall study and review each implementation plan submitted to it for departments subject to the provisions of this Subsection and shall approve or disapprove such plans. The joint committee shall approve the effective date of transfers and abolitions of agencies and transfers of functions as provided in this Subsection only when it has approved the implementation plan for the department.
(4) Notwithstanding the foregoing, the transfer of the State Board of Election Supervisors to the Department of State shall be effective on January 1, 1978.
B.(1) Each of the transfers and abolitions of agencies for which provision is made in this Title, which agencies or their functions are transferred to the Department of Corrections or the Department of Health and Human Resources, shall become effective on July 1, 1977.
(2) Notwithstanding the foregoing, the Department of Corrections shall prepare and submit the transition plan for reorganization and consolidation as required by the provisions of this Part. The Joint Committee on Reorganization of the Executive Branch shall submit the implementation plan for the Department of Health and Human Resources as provided in R.S. 36:953(C).
(3) The governor, the commissioner of administration, and the joint committee shall study and review each implementation plan submitted to them under the provisions of this Subsection. When the plan for a department so submitted, reviewed, and studied has been approved by the governor, the commissioner of administration, the joint committee, and the secretary of the department, which approval shall be granted on or before June 30, 1978, the department shall immediately proceed to implement the reorganization and consolidation of the department as provided in such plan and each department upon the approval of its respective plan shall become subject to further implementation of reorganization as provided in Part II of this Chapter.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 258, §1.
The realignment, merger, consolidation, and transfer of agencies and/or of their powers, duties, functions, and responsibilities, as provided for by this Part, shall in all events be completed and become operative and shall be effective no later than December 31, 1977. The executive budget and the general appropriations bill prepared for submission to the legislature at its 1977 Regular Session shall reflect the organization of the executive branch of state government as required by this Title.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
The purpose of this Part is to provide for the continued merger and consolidation of the departments of the executive branch of state government, the consolidation of functions, the abolitions of agencies, the consolidation of administrative and programmatic divisions of departments and of programs, the elimination of job positions, and efficiency and economy in the delivery of services, of the twenty departments of the executive branch of state government after the effective date of the transfers and allocations of functions required by Article IV, Section 1 and Article XIV, Section 6 of the constitution.
Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The transfer or abolition of each agency transferred or abolished by this Title, which agency or the functions thereof are transferred to one of the following departments, shall be effective upon the effective date of this Part: the Department of State Civil Service; Louisiana Economic Development; the Department of Culture, Recreation and Tourism; Louisiana Works; the Department of Conservation and Energy; the Department of Public Safety and Corrections; the Department of Revenue; the Department of Transportation and Development; and the Department of Wildlife and Fisheries.
B. In order to accomplish the purposes of this Part, each department listed in Subsection A above, and each department whose implementation plan for reorganization and effective dates for transfer and abolition of agencies has been approved under the provisions of Part I of this Chapter, shall submit to the Joint Legislative Committee on Reorganization of the Executive Branch, hereinafter referred to as the joint committee, the reports required in this Section. For purposes of such reports, the joint committee may provide forms for the information requested and in such case such reports shall conform to such forms.
C. No later than September 1, on such date as shall be determined by the joint committee, the secretary of each such department shall submit to the joint committee a statement setting out the goals of the department for the then current fiscal year, giving particular attention to goals for the further reorganization and consolidation of the department in accordance with the provisions and purposes of this Title.
D. No later than September 1, the secretary of each such department shall submit to the joint committee a detailed report concerning how the department will achieve the goals reported in the statement required in Subsection C above. The report shall provide such details and information concerning the proposed implementation of goals or relative to the purposes of this Part as shall be requested by the joint committee. It shall give particular attention to implementation of transfers or abolitions made effective as provided in Subsection A hereof.
E. No later than such date annually as the joint committee shall determine, the secretary of each department shall submit to the joint committee a detailed report of such information relative to the budget request which the department will make for the next fiscal year and relative to proposed department operations as shall be requested by the joint committee relative to continued reorganization, consolidation, and improved and more efficient operation and management, of the department. Such report may be required to include, but shall not necessarily be limited to the number and classification of personnel to be requested, the amount of total dollars requested by category and by office, information concerning the consolidation and merger of functions to effect savings and efficiency, requests for vehicles and information concerning use of vehicles, and information concerning operations of the office of management and finance, utilization of building space, supplies, and equipment, and improved delivery of services.
F. Copies of the reports required by this Part, shall also be submitted to the governor and the commissioner of administration.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1978, No. 350, §1; Acts 1988, No. 563, §1, eff. July 14, 1988; Acts 1988, No. 625, §1; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1997, No. 658, §2; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2023, No. 150, §10, eff. Jan. 10, 2024.
A. The joint committee shall make such review of reports filed under the provisions of this Part as it shall deem necessary to carry out the purposes of this Part, and may request such additional information or make such additional studies of the departments as it shall deem necessary to implement this Part. For the purposes of this Part the joint committee shall have all powers and authority granted to it under the provisions of Chapter 23 of this Title.
B. Based on its review of reports received and other studies conducted by it, the joint committee shall make such recommendations to the legislature as it shall deem appropriate to carry out the purposes of this part, either by written report or by personal appearance. It may make recommendations for this purpose to the appropriate standing committees of the legislature or other committees thereof and also may make recommendations related to implementation of Act 277 of the 1976 Regular Session concerning the termination of agencies. It shall also recommend to the Joint Legislative Audit Council or to the appropriate standing committee any problem area it finds should be the subject of a detailed program evaluation.
C. The officers of each department shall submit to the Joint Legislative Committee on Reorganization of the Executive Branch a monthly report on the progress and implementation of reorganization and, upon request, shall also furnish to the committee any information concerning reorganization or appear before the committee to provide such information.
D. On or before March 15, 1978, the commissioner of administration shall submit to the legislature a comprehensive written report detailing the status of reorganization of each department administered by a secretary appointed by the governor and the accomplishments of the department to achieve reorganization and any proposals for legislation concerning related problems which require legislative action.
E. The joint committee shall submit, no later than the first day of the 1978 Regular Session of the legislature, a report to the Senate Finance Committee and the House Appropriations Committee, which report shall include a statement by the joint committee of the accomplishments of each department to achieve further reorganization and consolidation. It shall also include any recommendations relative to the budget of the department which the joint committee finds advisable to achieve further reorganization and consolidation. The House Appropriations Committee and the Senate Finance Committee shall consider the report of the joint committee at such time as they consider the proposed budget for the department. The joint committee shall transmit a copy of this report to the Office of the Budget and to the Legislative Fiscal Officer.
Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
A. The secretary of each department shall furnish to each member of the legislature an organizational chart of his department, illustrating the officers and all offices and other organizational units of the department and their relationships. He shall also furnish each member of the legislature a brief description of the function of each officer, office, and other organizational units of the department, the name and telephone number of each departmental officer, and such other information as he deems necessary to explain the organization of the department and the functions of the officers, offices, and organizational units thereof. The secretary shall furnish the chart and other materials to the members of the legislature not later than the thirtieth day after the effective date of any transfer of an agency or the functions of an agency to his department.
B. At any time any change is made in the organization of a department, or in the functions of any officer, office, or organizational unit of a department, the secretary shall, within thirty days of the effective date of such change, notify all members of the legislature in writing of the change and shall furnish each member with a revised organizational chart, a revised description of the functions of the affected officer(s), office(s), or organizational unit(s), and revised explanatory information concerning departmental organization and functions, reflecting such change.
C. The secretary shall notify all members of the legislature of any new appointments to departmental offices within ten days after such appointments are made.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
Repealed by Acts 1995, No. 1262, §1.
Repealed by Acts 1995, No. 1262, §1.
No member of the legislature shall hold office or serve in any of the departments or agencies of the executive branch of state government as enumerated and contained in this Title.
Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
Connect Omnilex to search the legal corpus from your AI assistant.