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. 1256
Abstract: Provides that the Dept. of Children and Family Services (DCFS) shall no longer be
one of the 20 executive branch departments authorized by the Constitution of La. but
shall be an independent agency in the Dept. of Health and Hospitals (DHH).
Present constitution provides that all offices, agencies, and other instrumentalities of the
executive branch of state government and their functions, powers, duties, and responsibilities
shall be allocated according to function within not more than 20 departments. Excepts the
offices of governor and lieutenant governor from such allocation. Provides that such allocation
shall be as provided by law.
Present law provides for the 20 departments and includes within the 20 departments the DHH
and DCFS. Present law provides for the allocation of agencies and functions of abolished
agencies to the departments.
Proposed law removes DCFS as one of the 20 executive branch departments and provides that it
shall be a state agency. Transfers DCFS as an agency into DHH subject to provisions (R.S.
36:801.1) for such transfer that make it an independent agency within DHH. Present law (R.S.
36:801.1) provides that any agency transferred pursuant to it shall continue to exercise all
policymaking, rulemaking, licensing, regulation, enforcement, and adjudication powers, duties,
functions, and responsibilities provided or authorized by the constitution or laws and all advisory
powers, duties, and functions provided by law, and that it shall continue to administer and
implement all programs provided or authorized for it by law. Provides that the executive head of
the agency shall continue to employ, appoint, remove, assign, and promote personnel necessary
for the efficient administration and implementation of programs, in accordance with applicable
laws, rules, and regulations and 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. Provides that the agency shall exercise its powers, duties, functions, and
responsibilities as provided by the constitution and by law and administer and implement the
programs authorized by law independently of the secretary, the undersecretary, and any assistant
secretary.
Proposed law provides that DCFS shall be an agency within DHH effective Aug. 1, 2014, and on
that date shall no longer be one of the 20 executive branch departments. Provides, since the Act
has the effect of abolishing one of the 20 departments in the executive branch of state
government, that on Aug. 1, 2014, pursuant to Act No. 384 of the 2013 R.S., Sections 1 through 7 of Act No. 384 of the 2013 R.S. (establishing and providing for the Dept. of Elderly Affairs)
shall become effective.
Effective on Aug. 1, 2014.
(Amends R.S. 36:471(A) and 801.1(A); Adds R.S. 36:259(M); Repeals R.S. 36:4(A)(10))