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 of the state,
including but not limited to coordination of services of all state agencies serving 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 recommendations to the director on matters of
general importance and relevance to the 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))