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Regular Session, 2013
HOUSE BILL NO. 352
BY REPRESENTATIVES HARRISON, ADAMS, ANDERS, ARMES, ARNOLD,
BARROW, BERTHELOT, BILLIOT, BROSSETT, BROWN, BURFORD,
BURRELL, CARTER, CHANEY, CONNICK, COX, DANAHAY, DIXON, DOVE,
EDWARDS, GAINES, GISCLAIR, GUILLORY, GUINN, HARRIS, HAVARD,
HAZEL, HENSGENS, HILL, HODGES, HOFFMANN, HOLLIS, HONORE,
HOWARD, HUNTER, GIROD JACKSON, KATRINA JACKSON, JAMES,
JEFFERSON, JOHNSON, JONES, KLECKLEY, TERRY LANDRY, LEBAS,
LEOPOLD, MACK, MONTOUCET, MORENO, NORTON, ORTEGO, PI ERRE,
POPE, PRICE, PUGH, PYLANT, REYNOLDS, RICHARD, RITCHIE,
SCHEXNAYDER, SCHRODER, SMITH, ST. GERMAIN, STOKES, THIBAUT,
THIERRY, THOMPSON, WHITNEY, ALFRED WILLIAMS, PATRICK
WILLIAMS, AND WILLMOTT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ELDERLY: Provides relative to elderly affairs; creates the Department of Elderly Affairs,
places the Louisiana Executive Board on Aging in the department, and provides for
allocation of funds for programs for the elderly
AN ACT1
To amend and reenact R.S. 23:73(E)(2), R.S. 35:406(A)(1) and (D), R.S. 36:258(F), R.S.2
39:33(A)(2), R.S. 46:931, 932(introductory paragraph) and (14), 933(A), (D), and3
(G), 934, 935(A), (B)(introductory paragraph), and (C), 936, 937, 937.1(A) and4
(B)(1) and (3), 937.2, 937.3, 938, and 2351(E)(introductory paragraph), to enact R.S.5
36:4(A)(15) and Chapter 4 of Title 36 of the Louisiana Revised Statutes of 1950, to6
be comprised of R.S. 36:151 through 157, and to repeal R.S. 36:4(B)(6), relative to7
elderly affairs; to create the Department of Elderly Affairs and provide for its8
purposes and organization and for its offices and officers and for their functions,9
powers, duties, and responsibilities; to abolish the Office of Elderly Affairs; to10
provide that the department shall be the successor to the office; to transfer the11
Louisiana Executive Board on Aging from the office of the governor to the12
Department of Elderly Affairs; to provide that the office of aging and adult services13
in the Department of Health and Hospitals shall have no responsibility or authority14 HLS 13RS-490 REENGROSSED
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for any program or function assigned to the Department of Elderly Affairs; to1
authorize and direct the Louisiana State Law Institute to change certain references2
in law; to provide for implementation and effectiveness; to provide that funding for3
purposes, functions, and programs within the jurisdiction or authority of the Office4
of Elderly Affairs or its successor, the Department of Elderly Affairs, as provided by5
the Louisiana Revised Statutes of 1950, shall be appropriated or allocated only to,6
and available for use only by, the Office of Elderly Affairs and its successor, the7
Department of Elderly Affairs; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 23:73(E)(2) is hereby amended and reenacted to read as follows:10
§73. Comprehensive labor market information system11
E.12
* * *13
(2) The public entities whose data and assistance shall be considered14
necessary for the system to fulfill its purpose shall include the commission and the15
Departments of Economic Development, Education, Elderly Affairs, Health and16
Hospitals, Public Safety and Corrections, Social Services, and Veterans Affairs, and17
in the governor's office, the Offices of Elderly Affairs, Lifelong Learning, Women's18
Services, and Workforce Development, and the State Board of Elementary and19
Secondary Education, and the Board of Regents and any other public entity the20
commission deems necessary.21
Section 2. R.S. 35:406(A)(1) and (D) are hereby amended and reenacted to read as22
follows:23
§406. Ex officio notaries public of the adult protection agency24
A. Notwithstanding any provisions of law relative to qualifications for25
notaries public, except R.S. 35:391:26
(1) The director of the office of elderly affairs secretary of the Department27
of Elderly Affairs may appoint two investigators in each region of the adult28 HLS 13RS-490 REENGROSSED
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protection agency, office of elderly affairs, office of the governor, Department of1
Elderly Affairs, as ex officio notaries public.2
* * *3
D. The director or secretary authorized to make such appointments may4
suspend or terminate any appointment made pursuant to this Section at any time.5
Separation from the employ of the adult protection agency shall automatically6
terminate the powers of such an ex officio notary public.7
Section 3. R.S. 36:258(F) is hereby amended and reenacted and R.S. 36:4(A)(15)8
and Chapter 4 of Title 36 of the Louisiana Revised Statutes of 1950, comprised of R.S.9
36:151 through 157, are hereby enacted to read as follows:10
§4. Structure of executive branch of state government11
A. In accordance with the provisions of Article IV, Section 1 and Article12
XIV, Section 6 of the Constitution of Louisiana, all offices, boards, commissions,13
agencies, and instrumentalities of the executive branch of state government, whether14
constitutional or statutory, and/or their functions, powers, duties, and responsibilities15
shall be allocated, either in the Act by which this Title was created or by legislation16
enacted subsequent thereto, within the departments listed in this Section, except as17
provided in Subsections B and C of this Section, and in order to comply with this18
constitutional mandate, the agencies of the executive branch of state government19
hereinafter enumerated, whether heretofore created by the constitution or by statute,20
and/or their functions, powers, duties, and responsibilities are allocated, in the21
manner hereinafter set forth in this Title, within the following designated22
departments:23
* * *24
(15) Department of Elderly Affairs25
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CHAPTER 4. DEPARTMENT OF ELDERLY AFFAI RS1
§151. Department of Elderly Affairs; creation; domicile; composition; purposes and2
functions3
A. The Department of Elderly Affairs is created and shall be a body4
corporate with the power to sue and be sued. The domicile of the department shall5
be in Baton Rouge.6
B. The Department of Elderly Affairs, through its offices and officers, shall7
be responsible for the functions of the state that are designed to meet the needs of8
Louisiana residents sixty years of age or older and for planning, monitoring,9
coordination, and delivery of services to the elderly of the state, including but not10
limited to coordination of services of all state agencies serving the elderly and11
requiring reports from them; developing a plan for efficient coordination of functions12
and services for the elderly and for consolidation of such functions and services13
within the department with local administration by the parish voluntary councils on14
aging; administration of the Older Americans Act and related programs;15
administration of all federal funds appropriated, allocated, or otherwise made16
available to the state for services to the elderly, except funds for programs17
administered by other state departments or agencies as specified by the Louisiana18
Revised Statutes of 1950; exercising functions relative to nutrition programs for the19
elderly and handicapped citizens of Louisiana, homemaker services, home repair and20
maintenance services, employment and training services, recreational and21
transportation services, counseling, information and referral services, protective22
services as provided in R.S. 15:1501 et seq., and health-related outreach, but23
excluding the transportation program for the elderly and the handicapped24
administered by the Department of Transportation and Development under Section25
16(b)(2) of the Federal Urban Mass Transportation Act of 1964 as amended and26
other such programs and services assigned to other departments of state government27
as provided in Title 36 of the Louisiana Revised Statutes of 1950; collection of facts28
and statistics and making special studies of conditions pertaining to the employment,29 HLS 13RS-490 REENGROSSED
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health, financial status, recreation, social adjustment, or other conditions affecting1
the welfare of the aged; keeping abreast of the latest developments in aging2
throughout the nation and interpreting such findings to the public; providing for a3
mutual exchange of ideas and information on national, state, and local levels; and4
making recommendations to the governor and to the legislature for needed5
improvements and additional resources to promote the welfare of the aging in the6
state.7
C. The Department of Elderly Affairs shall be composed of the executive8
office of the secretary, the office of management and finance, and such other offices9
as shall be created by law. Whenever the secretary determines that the10
administration of the functions of the department may be more efficiently performed11
by eliminating, merging, or consolidating existing offices or establishing new12
offices, he shall present a plan therefor to the legislature for its approval by statute.13
§152. Officers of the department; compensation for one office only14
A. The officers of the department shall be the secretary, the undersecretary,15
and the deputy secretary if a deputy secretary is appointed, each of whom shall be16
selected and shall perform functions as provided in this Title.17
B. No person serving as a secretary, deputy secretary, or undersecretary shall18
receive any additional salary from the state other than that salary which he receives19
by virtue of serving in any one of such offices. Any statewide elected official20
appointed to serve as a secretary, deputy secretary, or undersecretary shall not21
receive any additional salary from the state other than that salary which he receives22
as a statewide elected official.23
C. Notwithstanding any provision of this Section to the contrary, subject to24
approval of the governor, any person, including any statewide elected official,25
serving or appointed to serve as a secretary, undersecretary, or deputy secretary may26
receive additional compensation for part-time services rendered as an instructor in27
postsecondary educational institutions or as a member of the National Guard.28 HLS 13RS-490 REENGROSSED
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§153. Secretary of elderly affairs1
There shall be a secretary of the Department of Elderly Affairs, who shall be2
appointed by the governor with consent of the Senate from recommendations for3
appointment by the Louisiana Executive Board on Aging, and who shall serve at the4
pleasure of the governor at a salary fixed by the governor, which salary shall not5
exceed the amount approved for such position by the legislature while in session.6
The secretary shall serve as the executive head and chief administrative officer of the7
Department of Elderly Affairs and shall have the responsibility for the policies of the8
department except as otherwise provided by this Title, and for the administration,9
control, and operation of the functions, programs, and affairs of the department;10
provided that the secretary shall perform his functions under the general control and11
supervision of the governor.12
§154. Powers and duties of secretary of elderly affairs13
A. In addition to the functions, powers, and duties otherwise vested in the14
secretary by law, he shall:15
(1) Represent the public interest in the administration of this Chapter and16
shall be responsible to the governor, the legislature, and the public therefor.17
(2) Determine the policies of the department, except as otherwise provided18
by this Title.19
(3) In accordance with the Administrative Procedure Act, make, alter,20
amend, and promulgate rules and regulations necessary for the administration of the21
functions of the department, except as otherwise provided by this Title. The rules22
and policies of the Office of Elderly Affairs in effect on the effective date of this23
Paragraph shall remain in effect as rules of the Department of Elderly Affairs and24
such rules shall remain in effect subject to their own provisions until changed as25
provided in this Paragraph.26
(4) Organize, plan, supervise, direct, administer, execute, and be responsible27
for the functions and programs vested in the department, in the manner and to the28
extent provided by this Title.29 HLS 13RS-490 REENGROSSED
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(5) Advise the governor on problems concerning the administration of the1
department.2
(6) Act as the sole agent of the state or, in necessary cases, designate one of3
the officers within the department to cooperate with the federal government and with4
other state and local agencies in matters of mutual concern and in the administration5
of federal funds granted to the state or directly to the department or an office thereof6
to aid in the furtherance of any function of the department and its offices. For this7
purpose he may take such actions, in accordance with applicable state law, necessary8
to meet such federal standards as are established for the administration and use of9
such federal funds, except as otherwise specifically provided in this Title or by the10
constitution and laws of this state.11
(7) Make and publish an annual report to the governor and the legislature12
concerning the operations of the department and submit with each report such13
recommendations as he deems necessary for the more effective internal structure and14
administration of the department and make other reports and recommendations on15
his own initiative or upon request of the governor, the legislature, or any committee16
or member thereof.17
(8) Provide for the ongoing merger and consolidation of the agencies and18
functions transferred to his department and submit a report thereon to the governor19
and the legislature, which report shall accompany the budget request which he20
submits under provisions of R.S. 39:33. Such report shall include a statement of the21
goals of the department and of the programs thereof and shall summarize the22
accomplishments of the department in meeting such goals and implementing such23
programs. The report shall also contain a specific statement of the reorganization24
and consolidation plan for the department for the next year and shall include a report25
on the implementation of such reorganization and consolidation plan for the previous26
year. The report concerning reorganization shall specifically detail the extent to27
which the department has achieved goals stated the previous year with respect to28
merger and consolidation of functions, abolition of agencies, elimination of job29 HLS 13RS-490 REENGROSSED
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positions, and efficiency and economy in delivery of services. The report shall1
contain any recommendations with respect to reorganization which may require2
legislative action under the provisions of this Title. A copy of the report and3
recommended legislation shall also be submitted by the secretary to the presiding4
officer of both houses of the legislature. The presiding officer shall refer the report5
to the appropriate committee having jurisdiction of the subject matter as provided in6
the rules of the respective house.7
B. The secretary may:8
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:9
(i) Employ, appoint, remove, assign, and promote such personnel as is10
necessary for the efficient administration of the executive office of the secretary and11
the performance of its powers, duties, functions, and responsibilities and such other12
personnel, who are not assigned to an office, as may be necessary for the efficient13
administration of the department, and for the performance of the responsibilities,14
powers, duties, and functions of agencies transferred to it.15
(ii) Employ, assign, and remove all personnel employed for the department16
on a contractual basis.17
(iii) Transfer the personnel of the department as necessary for the efficient18
administration of the department and its programs.19
(b) All of the provisions of Subparagraph (a) of this Paragraph shall be20
accomplished in accordance with applicable civil service laws, rules, and regulations,21
and with policies and rules of the Department of Elderly Affairs, and all shall be22
subject to budgetary control and applicable laws.23
(2) Appoint, subject to gubernatorial approval, advisory councils, boards,24
and commissions necessary in the administration of the department, except as25
otherwise provided by law or by executive order.26
(3) Accept and use, in accordance with law, gifts, grants, bequests, and27
endowments for purposes consistent with the responsibilities and functions of the28 HLS 13RS-490 REENGROSSED
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department, and take such actions as are necessary to comply with conditions1
required for such acceptance.2
(4) Formulate and promulgate rules of administration for the department3
relating to employment and management.4
(5) Do such other things not inconsistent with law as are necessary to5
perform properly the functions vested in him.6
§155. Deputy secretary7
There may be a deputy secretary of the department, who shall be appointed8
by the secretary with consent of the Senate and who shall serve at the pleasure of the9
secretary at a salary fixed by the secretary, which salary shall not exceed the amount10
approved for such position by the legislature while in session. The duties and11
functions of the deputy secretary shall be determined and assigned by the secretary.12
If appointed, he shall serve as acting secretary in the absence of the secretary.13
§156. Undersecretary; functions; office of management and finance14
A. There shall be an undersecretary of the Department of Elderly Affairs,15
who shall be appointed by the governor with consent of the Senate and who shall16
serve at the pleasure of the governor at a salary fixed by the governor, which salary17
shall not exceed the amount approved for such position by the legislature while in18
session. The undersecretary shall be directly responsible to and shall perform his19
functions under the supervision and control of the secretary.20
B. The undersecretary shall direct and be responsible for the functions of the21
office of management and finance within the Department of Elderly Affairs. In such22
capacity, he shall be responsible for accounting and budget control, procurement and23
contract management, data processing, management and program analysis, personnel24
management, and grants management for the department and all of its offices,25
including all agencies transferred to the Department of Elderly Affairs, except as26
otherwise specifically provided in this Title. He shall employ, appoint, remove,27
assign, and promote such personnel as is necessary for the efficient administration28
of the office of management and finance and the performance of its powers, duties,29 HLS 13RS-490 REENGROSSED
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functions, and responsibilities, in accordance with applicable civil service laws,1
rules, and regulations, and with policies and rules of the department, all subject to2
budgetary control and applicable laws. The undersecretary shall exercise all powers3
and authority granted to him in this Title subject to the overall direction and control4
of the secretary.5
C. The duties and functions of the office of management and finance and of6
the undersecretary shall be as provided in this Section, and these duties and functions7
shall not be subject to change by the secretary, except that the undersecretary shall8
perform such additional duties and functions as are assigned by the secretary.9
§157. Transfer of agencies or their powers to Department of Elderly Affairs10
A. The Louisiana Executive Board on Aging (R.S. 46:931 et seq.) is placed11
within the Department of Elderly Affairs and shall exercise and perform its powers,12
duties, functions, and responsibilities as provided in R.S. 36:802.13
B. The Office of Elderly Affairs (formerly R.S. 46:931 et seq.) is hereby14
abolished and its powers, duties, functions, and responsibilities are transferred to the15
Department of Elderly Affairs and shall be exercised and performed as provided in16
Chapter 7 of Title 46 of the Louisiana Revised Statutes of 1950, as provided in this17
Chapter, and as provided in Part IV of Chapter 22 of this Title except as otherwise18
provided in Chapter 7 of Title 46 of the Louisiana Revised Statutes of 1950.19
* * *20
§258. Offices; purposes and functions21
* * *22
F. The office of aging and adult services shall be responsible for the23
programs and functions of the Department of Health and Hospitals related to the24
long-term care of the elderly and the protection and long-term care of persons with25
adult onset disabilities. It shall administer the residential state-operated nursing26
homes, the Villa Feliciana Medical Complex, the protection services program of27
adults from ages eighteen to fifty-nine, the department's long-term support and28
services programs, the State Personal Assistance Services program, the Community29 HLS 13RS-490 REENGROSSED
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and Family Support Program, the Traumatic Head and Spinal Cord Injury Trust1
Fund, as well as other related programs within the department. The office shall have2
no responsibility or authority for any programs or functions assigned by the3
Louisiana Revised Statutes of 1950 to the Department of Elderly Affairs.4
* * *5
Section 4. R.S. 39:33(A)(2) is hereby amended and reenacted to read as follows:6
§33. Agency budget request; time of submission; standing committees7
A.8
* * *9
(2) Except as limited, restricted, or otherwise prohibited by the Constitution10
of Louisiana, simultaneously with budget units submitting their budget requests to11
the governor, the Department of Economic Development, the Department of Elderly12
Affairs, the Department of Public Safety and Corrections, the Department of13
Children and Family Services, the Louisiana Workforce Commission, the14
Department of Health and Hospitals, the Department of Education, the State Board15
of Elementary and Secondary Education, the Board of Regents, and in the office of16
the governor, the Department of Veterans Affairs and the Offices of Lifelong17
Learning, Workforce Development, Elderly Affairs, and Women's Services shall18
submit a copy of their workforce budget requests to the Louisiana Workforce19
Investment Council, as created in R.S. 23:2042, for the commission's review,20
modification, and approval of funding to be incorporated into the executive budget.21
* * *22
Section 5. R.S. 46:931, 932(introductory paragraph) and (14), 933(A), (D), and (G),23
934, 935(A), (B)(introductory paragraph), and (C), 936, 937, 937.1(A) and (B)(1) and (3),24
937.2, 937.3, 938, and 2351(E)(introductory paragraph) are hereby amended and reenacted25
to read as follows:26 HLS 13RS-490 REENGROSSED
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CHAPTER 7. OFFICE DEPARTMENT OF ELDERLY AFFAIRS1
§931. Creation; personnel 2
An agency of the state to be known as the office of elderly affairs The3
Department of Elderly Affairs is hereby created and established in the office of the4
governor. Said office The department shall exercise the powers and duties5
hereinafter set forth in this Chapter or otherwise provided by law. The office6
department shall be administered by an executive director a secretary, who shall be7
recommended appointed by the governor, subject to Senate confirmation, from8
recommendations for appointment by the Louisiana Executive Board on Aging. to9
the governor to The secretary shall serve at his the pleasure of the governor, subject10
to confirmation by the Senate. The executive director secretary shall employ11
necessary staff to carry out the duties and functions of the office department as12
otherwise provided in this Chapter, or as otherwise provided by law.13
§932. Powers and duties14
The office department shall have the following powers and duties:15
* * *16
(14) To approve recommendations from any parish voluntary council on17
aging prior to the creation of any new state-funded senior center in the state.18
Recommendations from a parish voluntary council on aging and approval by the19
Office Department of Elderly Affairs shall be based on need for a new facility and20
whether the proposed facility will meet the criteria for a senior center as defined in21
the policies and regulations established by the Office Department of Elderly Affairs.22
§933. Louisiana Executive Board on Aging established; membership; term of office;23
compensation of members24
A. There is hereby established the The Louisiana Executive Board on Aging25
within the office of the governor is established within the Department of Elderly26
Affairs. 27
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D. A person is not eligible for appointment if the person or the person's1
spouse is either: 2
(1) Employed by a business entity or other organization regulated by or3
receiving funds from the governor's office of elderly affairs Department of Elderly4
Affairs.5
(2) Owns, controls, or has, directly or indirectly, more than a ten percent6
interest in a business entity or other organization regulated by or receiving funds7
from the governor's office of elderly affairs Department of Elderly Affairs. 8
* * *9
G. The board may recommend discharge of the executive director to the10
governor that the secretary be replaced. The board shall adopt rules for the11
transaction of its business and shall keep a record of its resolutions, transactions,12
findings, and determinations. A majority of members shall constitute a quorum. The13
office department shall provide office and meeting space and staff support for the14
board.15
§934. Louisiana Executive Board On Aging; powers, duties, and functions 16
A. The board shall develop and implement policies and procedures17
pertaining to the office of elderly affairs Department of Elderly Affairs and its18
functions, shall approve matters of policy and all rules and regulations promulgated19
by the board or the office department which pertain to elderly affairs and voluntary20
parish councils on aging, shall review and make recommendations to the director21
secretary on matters of general importance and relevance to the planning,22
monitoring, coordination, and delivery of services to the elderly of the state, and23
shall prepare and submit an annual report to the legislature and to the governor sixty24
days prior to the legislative session.25
B. The board shall adopt rules governing the functions of the office26
department, including rules that prescribe the policies and procedures followed by27
the board and the office department in the administration of its programs, all in28
accordance with the Administrative Procedure Act. The rules adopted by the board29 HLS 13RS-490 REENGROSSED
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for the Office of Elderly Affairs in effect on the effective date of this Paragraph shall1
remain in effect and shall be applicable to the board and the Department of Elderly2
Affairs and such rules shall remain in effect subject to their own provisions until3
changed as provided in this Paragraph.4
C. The board by rule or its order may delegate any portion of its rights,5
powers, and duties to the executive director secretary of the department.6
§935. Power of review of proposals of state agencies 7
A. Any state agency or department proposing to establish, modify, or expand8
programs or services for the elderly of the state shall consult with the director of the9
office secretary of the department, who shall consult and coordinate a response with10
the parish voluntary councils on the aging as appropriate.11
B. The office department shall review and report upon all such proposals12
submitted to it and shall comment as to the following:13
* * *14
C. All state agencies administering programs or implementing policies which15
affect the health or well being of the elderly shall cooperate with the office16
department in carrying out these responsibilities.17
§936. Statement of intent18
A. It is the intention of the legislature that, insofar as is practical and19
consistent with the efficient administration of state government, programs and20
services for the elderly population of Louisiana, with the exception of any programs21
administered by the Department of Children and Family Services or the Department22
of Health and Hospitals on August 15, 1995, shall eventually be consolidated within23
the Office Department of Elderly Affairs, to be administered at the local level by the24
sixty-four parish voluntary councils on aging.25
B. It is further the intention of the legislature that the Office Department of26
Elderly Affairs administer all federal funds appropriated, allocated, or otherwise27
made available to the state for services to the elderly, whether by block grant or in28
any other form, with the exception of funds for programs administered by the29 HLS 13RS-490 REENGROSSED
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Department of Children and Family Services or the Department of Health and1
Hospitals on August 15, 1995. The Office Department of Elderly Affairs shall2
distribute such funds in accordance with appropriate state and federal requirements3
and consistent with this Section.4
§937. Frail elderly program; administration 5
A. The office of elderly affairs Department of Elderly Affairs shall create the6
frail elderly program which shall provide home and community services to persons7
sixty years of age or older who have some degree of functional impairment in areas8
serviced by a participating voluntary council on aging. Such impairment shall be9
determined by the comprehensive assessment conducted in accordance with rules10
and regulations promulgated by the office department.11
B. In areas serviced by a voluntary council on aging which agrees to12
participate, the program shall be administered by the council, subject to the rules and13
regulations promulgated by the office department.14
§937.1. Eligibility; services provided15
A. Eligibility for this the frail elderly program shall be initially determined16
on the basis of the comprehensive assessment required by R.S. 46:937. No person17
shall receive services under this program without such services being authorized on18
the basis of the comprehensive assessment results.19
B.(1) Services to be provided under this the frail elderly program shall be20
limited to those services provided in the person's home or those services intended to21
maintain the person's ability to live at home. These shall include but need not be22
limited to the social, nutrition, and support services currently provided by the23
councils on aging, such as home-delivered meals, respite care, homemaker services,24
and chore assistance.25
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(3) All other services provided through this the frail elderly program shall1
be subject to any applicable state licensing laws and to such service standards as may2
be promulgated by the office department.3
* * *4
§937.2. Funding 5
Funding for this the frail elderly program shall be provided by:6
(1) That portion of appropriations from the state general fund to the parish7
voluntary councils on aging not needed to match the federal Older American Act or8
other matching fund programs. In January of each year, the office department shall9
certify to the legislature and to the councils on aging the amount of funds available10
under this program.11
(2) Persons eligible for the program shall be assessed an appropriate fee on12
a sliding scale based upon the person's ability to pay. The fee scale shall be13
established by the office department by regulation and shall provide a minimum14
income level below which no fee shall be assessed. Fees collected pursuant to this15
program shall be maintained separate from other funds and shall be used only for the16
purposes of increasing the provision of any of the services allowed under this17
program to eligible persons.18
§937.3. Duties of the office department; reimbursement19
A. The office department shall adopt rules and regulations necessary to20
administer this the frail elderly program in accordance with the Administrative21
Procedure Act. Such rules and regulations shall be promulgated in order to allow for22
the program to begin operation no later than July, 1993.23
B. The office department shall establish reimbursement rates for each service24
provided under this program.25
C. The office department shall report annually to the legislature on the26
implementation of the program. The first report shall be delivered to the legislature27
no later than thirty days prior to the 1994 Regular Session and shall include the28 HLS 13RS-490 REENGROSSED
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office's assessment of the feasibility of the program and any recommendations as to1
whether the program should be continued, expanded, or discontinued.2
§938. Volunteer service credit program; creation 3
A. The office of elderly affairs Department of Elderly Affairs shall establish4
a computer-based volunteer service credit program under which persons may5
volunteer their services to provide respite care, homemaker care, home repair, and6
maintenance services as provided by R.S. 46:937.1(B) and (C), or related services7
to persons sixty years of age or older who are determined by the office department8
to need such care. Volunteer participants in this program shall receive credit for9
providing the volunteer services, which credit may then be drawn upon when10
volunteers or their spouses are determined by the office department to need services11
included in the volunteer service credit program.12
B. The office department shall establish a computer-based volunteer skills13
bank which shall include a registry of names, skills, and interests of persons earning14
service credits, an accounting system necessary to track service credits earned by15
each volunteer, and the capacity to provide each volunteer with monthly balances of16
credits earned and credits expended.17
C. To the extent possible, the office department shall recruit and train a18
sufficient number of volunteers to assure the availability of volunteers to meet the19
needs of persons who have service credits and who need to draw on their accounts.20
The office department shall also develop a contingency plan for using the staff and21
programs of the office department to ensure that services are available in return for22
credit in the event no appropriate volunteer is available. The contingency plan shall23
be incorporated into rules adopted pursuant to the provisions of this Section.24
D. The office department shall adopt rules necessary to administer the25
program, which shall include standards to screen and train participants and to limit26
the number of hours of credit which may be accumulated by each volunteer.27
E. The office department shall coordinate this program with the parish28
councils on aging and other existing volunteer programs where feasible.29 HLS 13RS-490 REENGROSSED
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F. The office department shall report annually to the legislature on the1
implementation of the program. The report shall include the number of volunteer2
participants, the number of credited hours of service, all costs associated with the3
program, any recommendations for program modifications, and any other4
information relevant to program effectiveness. The first annual report shall be5
delivered to the legislature no later than thirty days prior to the 1988 Regular Session6
and shall include the office's assessment of the feasibility of the program and any7
recommendations as to whether the program should be continued, expanded, or8
discontinued.9
* * *10
§2351. Creation; membership; terms; compensation11
* * *12
E. Upon request of the commission, the directors of the following agencies,13
and the secretary in the case of the Department of Elderly Affairs, shall make14
themselves available for consultation and shall provide information regarding the15
services available to the deaf through their respective agencies:16
* * *17
Section 6. R.S. 36:4(B)(6) is hereby repealed in its entirety.18
Section 7. The Louisiana State Law Institute is hereby authorized and directed to19
change references as follows:20
(A) Change "office of elderly affairs" to "Department of Elderly Affairs" in the21
following provisions: R.S. 40:2010.1(5) and 2010.2, R.S. 46:1602(A) and (C), 1606(A),22
(D)(2), and (E), 1608(A), and 2351(E)(4).23
(B) Change "Governor's Office of Elderly Affairs" to "Department of Elderly24
Affairs" in the following provisions: R.S. 14:35.1(A)(3) and R.S. 46:2136.2(F).25
(C) Change "office of elderly affairs in the office of the governor" to "Department26
of Elderly Affairs" in the following provisions: R.S. 15:1503(4)(a), R.S. 17:3932(A)(2), and27
R.S. 40:2010.1(1).28 HLS 13RS-490 REENGROSSED
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(D) Change "Office of Elderly Affairs within the governor's office" to "Department1
of Elderly Affairs" in the following provisions: R.S. 40:1300.212(3) and 1300.213(A) and2
(B).3
(E) Change "governor's office of elderly affairs" to "Department of Elderly Affairs"4
in R.S. 40:2009.25(F)(10).5
(F) Change "office of elderly affairs that is an organizational part of the governor's6
office, and" to "Department of Elderly Affairs, which" in R.S. 47:120.26(A)(1).7
(G) Change "office of elderly affairs of the governor's office" to "Department of8
Elderly Affairs" in R.S. 47:305.66(B).9
(H) Change "Office of Elderly Affairs" to "Department of Elderly Affairs" in R.S.10
46:56(A), (B)(1), and (F)(4)(b), 61(A)(1) and (C), 1608(E), 2673(A)(1), and 2674(A)(2)(a).11
(I) Change "office" to "department" in R.S. 46:1608(A) and (C).12
(J) Change "executive director" or "executive director of the office" or "executive13
director of the office of elderly affairs" or "executive director of the Office of Elderly14
Affairs" or "executive director of the Governor's Office of Elderly Affairs" to "secretary of15
the Department of Elderly Affairs" in R.S. 17:2048.61(D)(21), R.S. 23:2043(A)(9), and R.S.16
46:1606(A), (B)(1) and (2), (C), and (D)(3), 1608(A), and 2911(B)(8).17
(K) Change "executive director of the office" or "executive director" to "secretary18
of the department" in R.S. 46:1608(B), (C), and (F).19
(L) Change ""OEA"" to ""DEA"" in R.S. 47:120.26(A)(1) and change "OEA" to20
"DEA" in R.S. 47:120.26(C), (D), and (E).21
Section 8. Notwithstanding any provision of law to the contrary, any funds22
appropriated or allocated for any purpose, function, or program that is under the purview,23
jurisdiction, or authority of the Office of Elderly Affairs or its successor, the Department of24
Elderly Affairs, by virtue of statutory enactment in the Louisiana Revised Statutes of 195025
shall be appropriated or allocated only to, and available for use only by, the Office of Elderly26
Affairs or its successor, the Department of Elderly Affairs, and such funds shall not be27
appropriated, allocated, or transferred to any other state department, agency, office, or28
program. For purposes of this Section, the provisions of Title 36 of the Louisiana Revised29 HLS 13RS-490 REENGROSSED
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Statutes of 1950, Organization of the Executive Branch of State Government, the provisions1
of Chapter 7 of Title 46 of the Louisiana Revised Statutes of 1950, and the provisions of the2
Adult Protective Services Act, R.S. 15:1501 et seq., shall supersede any other provision of3
law concerning assignment or allocation of purposes, functions, and programs to4
departments, agencies, and offices of the executive branch and shall also supersede the5
provisions of any appropriation or allocation made in contravention of this Section.6
Appropriations and allocations of funds for the purposes of programs affecting the elderly7
and persons age sixty and over shall be made to departments, agencies, and offices in8
accordance with the assignment of purposes, programs, and functions by the provisions of9
Title 36 of the Louisiana Revised Statutes of 1950, Organization of the Executive Branch10
of State Government, the provisions of Chapter 7 of Title 46 of the Louisiana Revised11
Statutes of 1950, and the provisions of the Adult Protective Services Act, R.S. 15:1501 et12
seq. Any appropriation or allocation of funds for any purpose, function, or program that is13
assigned to the Office of Elderly Affairs, or its successor, the Department of Elderly Affairs,14
shall be deemed to have been made to the Office of Elderly Affairs, or its successor, the15
Department of Elderly Affairs regardless of the entity to which such appropriation or16
allocation is made, and the state treasurer shall redirect funds appropriated or allocated to17
any other department, agency, office, or entity in contravention of this Section to the Office18
of Elderly Affairs, or its successor, the Department of Elderly Affairs.19
Section 9.(A) This Section and Section 8 of this Act shall become effective on July20
1, 2013; if this Act is vetoed by the governor and subsequently approved by the legislature,21
this Section and Section 8 of this Act shall become effective on July 1, 2013, or on the day22
following such approval by the legislature, whichever is later.23
(B) Sections 1 through 7 of this Act shall become effective upon the effective date24
of the abolition of one or more of the twenty departments in the executive branch of state25
government or upon the effective date of a constitutional amendment that authorizes creation26
of an executive branch department in addition to the twenty departments authorized by27
Constitution Article IV, Section 1(B), whichever such effective date is earlier.28 HLS 13RS-490 REENGROSSED
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harrison HB No. 352
Abstract: Abolishes the Office of Elderly Affairs and creates the Dept. of Elderly Affairs
as its successor and provides that funding for purposes, functions, and programs of
the office and the department be appropriated or allocated only to the office or the
department. Creation of the department will become effective with the abolition of
an existing department or a constitutional amendment authorizing an additional
department.
Present law creates the Office of Elderly Affairs as a state agency in the office of the
governor. Provides that the office is administered by an executive director, who is
recommended for appointment by the La. Executive Board on Aging and appointed by the
governor, to serve at his pleasure, subject to Senate confirmation.
Present law provides for the powers and duties of the office, including among others
administration of the Older Americans Act and related programs; collecting information and
making studies of conditions pertaining to employment, health, financial status, recreation,
social adjustment, or other conditions affecting the welfare of the aged; making
recommendations to the governor and to the legislature for needed improvements and
additional resources to promote the welfare of the aging; coordinating the services of all
state agencies serving the elderly and requiring reports from state agencies and institutions;
promulgating rules and regulations necessary to implement provisions for the office and its
functions; 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; exercising functions relative to nutrition programs for
the elderly and handicapped citizens of La., homemaker services, home repair and
maintenance services, employment and training services, recreational and transportation
services, counseling, information and referral services, specified protective services, and
health-related outreach, but excluding a specified transportation program for the elderly and
the handicapped administered by the Dept. of Transportation and Development and other
such programs and services assigned to other departments of state government.
Present law also provides for the office to review and report on proposals of state agencies
and departments for programs and services for the elderly. Provides legislative intent to
eventually consolidate programs and services for the elderly in the office except those
administered by the Dept. of Health and Hospitals and the Dept. of Children and Family
Services on Aug. 15, 1995, and for the office to administer all federal funds for services to
the elderly except for programs administered by the Dept. of Health and Hospitals and the
Dept. of Children and Family Services on Aug. 15, 1995. Provides for a frail elderly
program and a volunteer service credit program in the office.
Proposed law abolishes the Office of Elderly Affairs and creates the Department of Elderly
Affairs. Provides legislative intent to eventually consolidate programs and services for the
elderly in the department with the same exceptions as provided in present law above. Grants
the department all powers and duties of the abolished office and makes it responsible for the
programs and functions of the abolished office. Transfers to the department the unfinished
business, obligations, property, and employees of the abolished office. Makes the rules of
the office effective for the department, until changed by the department. Provides that the
office shall be responsible for state functions designed to meet the needs of residents age 60
or older and for planning, monitoring, coordination, and delivery of services to the elderly
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the elderly and requiring reports from them; developing a plan for efficient coordination of
functions and services for the 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 La. Revised Statutes of 1950; exercising functions relative to nutrition
programs for the elderly and handicapped citizens of La., 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 the elderly and the handicapped administered by the Dept. 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 La. 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 the
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.
Proposed law provides that the department 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.
Proposed law provides for a secretary of the department, to be appointed by the governor
with consent of the Senate from recommendations for appointment by the La. Executive
Board on Aging, who shall serve at the pleasure of the governor at a salary fixed by the
governor not to exceed the amount approved for the position by the legislature in session.
Provides for the powers and duties of the secretary, which are similar to the powers and
duties granted to the secretaries of other executive branch departments by present law.
Also grants the secretary the powers, duties, and functions of the executive director of the
abolished Office of Elderly Affairs.
Proposed law authorizes but does not require a deputy secretary for the department, to be
appointed by the secretary with Senate consent and to serve at the pleasure of the secretary
at a salary set by the secretary not to exceed the amount approved for the position by the
legislature in session.
Proposed law provides for an office of management and finance for the department with
functions similar to those of the offices of management and finance of other executive
branch departments as provided by present law, that is, accounting and budget control,
procurement and contract management, data processing, management and program analysis,
personnel management, and grants management for the department, all of its offices, and
agencies transferred to the department. Provides that the undersecretary shall be responsible
for the functions of the office of management and finance and that he shall be appointed by
the governor to serve at his pleasure at a salary fixed by the governor not to exceed the
amount approved for the position by the legislature in session.
Present law establishes the La. Executive Board on Aging in the office of the governor.
Provides that the board may recommend discharge of the executive director of the Office of
Elderly Affairs. Provides that the board shall develop and implement policies and
procedures pertaining to the office of elderly affairs and its functions, shall approve matters
of policy and all rules and regulations promulgated by the board or the office which pertain
to elderly affairs and voluntary parish councils on aging, shall review and make
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planning, monitoring, coordination, and delivery of services to the elderly of the state, and
shall prepare and submit an annual report to the legislature and to the governor sixty days
prior to the legislative session. Provides that the board shall adopt rules governing the
functions of the office, including rules that prescribe the policies and procedures followed
by the board and the office in the administration of its programs. Provides that the board
may delegate any portion of its rights, powers, and duties to the executive director.
Proposed law places the board in the department and provides that the board shall continue
to exercise all of the powers, duties, functions, and responsibilities provided or authorized
for it by law 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. Makes the rules of the board effective for
the department, until changed by the board.
Proposed law provides that the office of aging and adult services of the Dept. of Health and
Hospitals shall have no responsibility or authority for any programs or functions assigned
by the La. Revised Statutes of 1950 to the Dept. of Elderly Affairs.
Proposed law changes references in present law from the office to the department and directs
the La. State Law Institute to change other similar references.
Proposed law provides that, notwithstanding any law to the contrary, any funds appropriated
or allocated for any purpose, function, or program that is under the purview, jurisdiction, or
authority of the Office of Elderly Affairs, or its successor, the Dept. of Elderly Affairs, by
virtue of statutory enactment in the La. Revised Statutes of 1950 shall be appropriated or
allocated only to, and available for use only by, the Office of Elderly Affairs or its successor,
the Dept. of Elderly Affairs, and shall not be appropriated, allocated, or transferred to any
other state department, agency, office, or program. Provides that Title 36 of the La. Revised
Statutes of 1950 (Organization of the Executive Branch of State Government), Chapter 7 of
Title 46 of the La. Revised Statutes of 1950 (elderly affairs), and the Adult Protective
Services Act (R.S. 15:1501 et seq.) shall supersede any other provision of law concerning
assignment or allocation of purposes, functions, and programs to departments, agencies, and
offices of the executive branch and shall also supersede the provisions of any appropriation
or allocation made in contravention of this Section of proposed law. Requires that
appropriations and allocations of funds for the purposes of programs affecting the elderly
and persons age sixty and over shall be made to departments, agencies, and offices in
accordance with the assignment of purposes, programs, and functions by the provisions of
Title 36, Title 46, and Title 15 cited above. Provides that any appropriation or allocation of
funds for any purpose, function, or program that is assigned to the Office of Elderly Affairs,
or its successor, the Department of Elderly Affairs, shall be deemed to have been made to
the Office of Elderly Affairs, or its successor, the Department of Elderly Affairs regardless
of the entity to which such appropriation or allocation is made, and requires the state
treasurer to redirect funds appropriated or allocated to any other department, agency, office,
or entity in contravention of this Section to the Office of Elderly Affairs, or its successor,
the Dept. of Elderly Affairs.
Effective upon the effective date of the abolition of one or more of the 20 departments in the
executive branch of state government or upon the effective date of a constitutional
amendment that authorizes creation of an additional executive branch department, whichever
such effective date is earlier; except provisions requiring appropriation and allocation of
funding of elderly affairs purposes, functions, and programs in accordance with the
assignment thereof by the La. Revised Statutes of 1950 is effective July 1, 2013.
(Amends R.S. 23:73(E)(2), R.S. 35:406(A)(1) and (D), R.S. 36:258(F), R.S. 39:33(A)(2),
R.S. 46:931, 932(intro. para.) and (14), 933(A), (D), and (G), 934, 935(A), (B)(intro. para.),
and (C), 936, 937, 937.1(A) and (B)(1) and (3), 937.2, 937.3, 938, and 2351(E)(intro. para.);
Adds R.S. 36:4(A)(15) and 151-157; Repeals R.S. 36:4(B)(6))