Harrison (HB 352) Act No. 384
Prior law created the Office of Elderly Affairs as a state agency in the office of the governor.
Provided that the office was administered by an executive director, recommended for
appointment by the La. Executive Board on Aging and appointed by the governor to serve
at his pleasure, subject to Senate confirmation.
Prior law provided 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.
Prior law also provided for the office to review and report on proposals of state agencies and
departments for programs and services for the elderly. Provided 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. Provided for a frail elderly
program and a volunteer service credit program in the office.
New 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 prior 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
existing law (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 specified federal law provisions 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.
New 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.
New law provides for a department secretary, to be appointed by the governor with Senate
consent from persons recommended 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 existing law. Also grants the secretary the powers, duties,
and functions of the executive director of the abolished Office of Elderly Affairs.
New 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.
New 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 existing 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.
Prior law established the La. Executive Board on Aging in the office of the governor.
Authorized the board to recommend discharge of the executive director of the Office of
Elderly Affairs. Required that the board develop and implement policies and procedures
pertaining to the Office of Elderly Affairs and its functions, approve matters of policy and
all rules and regulations promulgated by the board or the office that pertain to elderly affairs
and voluntary parish councils on aging, 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 state's elderly, and submit an annual report to the legislature
and the governor 60 days prior to the legislative session. Required that the board adopt rules
governing the functions of the office, including rules prescribing policies and procedures
followed for the board and the office. Authorized the board to delegate any portion of its
rights, powers, and duties to the executive director.
New law places the board in the department and provides for the board to continue to
exercise its powers, duties, functions, and responsibilities that are in the nature of
policymaking, rulemaking, licensing, regulation, enforcement, or adjudication, including
those that are advisory. Makes board duties and functions that were applicable to the Office
of Elderly Affairs applicable instead to the new department. Makes the rules of the board
effective for the department, until changed by the board.
New 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.
New law changes references in prior law from the office to the department and directs the
La. State Law Institute to change other similar references.
New 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 these provisions of new law. Requires that
appropriations and allocations of funds for the purposes of programs affecting the elderly and
persons age 60 and over shall be made to departments, agencies, and offices in accordance
with the assignment of purposes, programs, and functions by the Title 36, Title 46, and Title
15 provisions 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 Dept. of Elderly Affairs, shall be deemed to have been made to the Office of
Elderly Affairs, or its successor, the Dept. 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 requirement 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 are 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))