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Regular Session, 2014
HOUSE BILL NO. 246
BY REPRESENTATIVE HARRISON
ELDERLY: Provides relative to the Department of Elderly Affairs, including provisions for
officers and employees, rulemaking, and funding
AN ACT1
To amend and reenact R.S. 36:5, 153, 154(A)(3), 155, and 156(A) and R.S. 46:931, 932(8),2
933(G), and 934(A) and (B) and to enact R.S. 36:151(D), relative to the Department3
of Elderly Affairs; to provide relative to officers and employees, rulemaking, and4
funding for the department; to provide that all officers and employees of the5
department shall be in the classified state service; to provide for rulemaking6
authority for the department; to provide for appropriation and allocation to the7
department of funds appropriated or allocated for department functions; to provide8
for implementation; to provide for effectiveness; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 36:5, 153, 154(A)(3), 155, and 156(A) are hereby amended and11
reenacted and R.S. 36:151(D) is hereby enacted to read as follows: 12
§5. Departmental officers; unclassified service 13
A. The secretary, deputy secretary, undersecretary, and assistant secretaries14
of departments of the executive branch of state government shall be in the15
unclassified service of the state.16
B. Notwithstanding the provisions of Subsection A of this Section or of any17
other law to the contrary, the secretary, deputy secretary, undersecretary, and any18
assistant secretary and all officers and employees of the Department of Elderly19
Affairs shall be in the classified service of the state.20
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§151. Department of Elderly Affairs; creation; domicile; composition; purposes and1
functions2
* * *3
D. All officers and employees of the Department of Elderly Affairs shall be4
in the classified service of the state.5
* * *6
§153. Secretary of elderly affairs7
There shall be a secretary of the Department of Elderly Affairs, who shall be8
in the classified state civil service. The secretary shall be appointed by the governor9
with consent of the Senate from recommendations for appointment by the Louisiana10
Executive Board on Aging, and who shall serve at the pleasure of the governor at in11
accordance with civil service rules. He shall be paid a salary fixed by the governor,12
which salary shall not exceed the amount approved for such position by the13
legislature while in session in accordance with civil service rules. The secretary14
shall serve as the executive head and chief administrative officer of the Department15
of Elderly Affairs and shall have the responsibility for the policies of the department16
except as otherwise provided by this Title, and for the administration, control, and17
operation of the functions, programs, and affairs of the department; provided that the18
secretary shall perform his functions under the general control and supervision of the19
governor.20
§154. Powers and duties of secretary of elderly affairs21
A. In addition to the functions, powers, and duties otherwise vested in the22
secretary by law, he shall:23
* * *24
(3) In accordance with the Administrative Procedure Act, make, alter,25
amend, and promulgate rules and regulations necessary for the administration of the26
functions of the department, except as otherwise provided by this Title. The27
secretary shall exercise rulemaking authority for the department, and any provision28
of law granting the department authority to make rules or establish standards or rates29 HLS 14RS-729 ENGROSSED
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for the department or granting such authority to the Louisiana Executive Board on1
Aging shall be construed to grant such authority to the secretary. The rules and2
policies of the Office of Elderly Affairs in effect on the effective date of this3
Paragraph shall remain in effect as rules of the Department of Elderly Affairs and4
such rules shall remain in effect subject to their own provisions until changed as5
provided in this Paragraph.6
* * *7
§155. Deputy secretary8
There may be a deputy secretary of the department, who shall be in the9
classified state civil service. If appointed, a deputy secretary shall be appointed by10
the secretary with consent of the Senate and who shall serve at the pleasure of the11
secretary at in accordance with civil service rules. He shall be paid a salary fixed by12
the secretary, which salary shall not exceed the amount approved for such position13
by the legislature while in session in accordance with civil service rules. The duties14
and functions of the deputy secretary shall be determined and assigned by the15
secretary. If appointed, he shall serve as acting secretary in the absence of the16
secretary.17
§156. Undersecretary; functions; office of management and finance18
A. There shall be an undersecretary of the Department of Elderly Affairs,19
who shall be in the classified state civil service. The undersecretary shall be20
appointed by the governor with consent of the Senate and who shall serve at the21
pleasure of the governor at secretary as provided in civil service rules. He shall be22
paid a salary fixed by the governor, which salary shall not exceed the amount23
approved for such position by the legislature while in session in accordance with24
civil service rules. The undersecretary shall be directly responsible to and shall25
perform his functions under the supervision and control of the secretary.26
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Section 2. R.S. 46:931, 932(8), 933(G), and 934(A) and (B) are hereby amended and1
reenacted to read as follows:2
§931. Creation; personnel3
A. The Department of Elderly Affairs is hereby created. The department4
shall exercise the powers and duties set forth in this Chapter or otherwise provided5
by law. The department shall be administered by a secretary, who shall be in the6
classified state civil service. The secretary shall be appointed by the governor,7
subject to Senate confirmation, from recommendations for appointment by the8
Louisiana Executive Board on Aging. The secretary shall serve at the pleasure of the9
governor in accordance with civil service rules.10
B. The secretary shall employ necessary staff to carry out the duties and11
functions of the department as otherwise provided in this Chapter, or as otherwise12
provided by law, including without limitation Title 36 of the Louisiana Revised13
Statutes of 1950.14
C. All officers and employees of the Department of Elderly Affairs shall be15
in the classified state civil service as more specifically provided in Chapter 4 of Title16
36 of the Louisiana Revised Statutes of 1950.17
§932. Powers and duties18
The department shall have the following powers and duties:19
* * *20
(8) To Through the secretary, to adopt and promulgate rules and regulations21
that are deemed necessary to implement the provisions of this Chapter in accordance22
with the provisions of the Administrative Procedure Act.23
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§933. Louisiana Executive Board on Aging established; membership; term of office;25
compensation of members26
* * *27
G. The board may recommend make recommendations to the governor that28
the secretary be replaced for disciplinary action against the secretary in accordance29 HLS 14RS-729 ENGROSSED
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with state civil service rules. The board shall adopt rules for the transaction of its1
business and shall keep a record of its resolutions, transactions, findings, and2
determinations. A majority of members shall constitute a quorum. The department3
shall provide office and meeting space and staff support for the board.4
§934. Louisiana Executive Board On Aging; powers, duties, and functions5
A. The board shall develop and implement make recommendations to the6
secretary relative to policies and procedures pertaining to the Department of Elderly7
Affairs and its functions, shall approve matters of policy and all and to rules and8
regulations promulgated by the board or for the department that pertain to elderly9
affairs and voluntary parish councils on aging, shall review and make10
recommendations to the secretary on matters of general importance and relevance11
to the planning, monitoring, coordination, and delivery of services to the elderly of12
the state, and shall prepare and submit an annual report to the legislature and to the13
governor sixty days prior to the legislative session.14
B. The board shall adopt rules governing the functions of the department,15
including rules that prescribe the policies and procedures followed by the board and16
the department in the administration of its programs, all in accordance with the17
Administrative Procedure Act. The rules adopted by the board for the Office of18
Elderly Affairs in effect on the effective date of this Subsection shall remain in effect19
and shall be applicable to the board and the Department of Elderly Affairs and such20
rules shall remain in effect subject to their own provisions until changed as provided21
in this Subsection R.S. 36:154(A)(3).22
* * *23
Section 2. On and after the effective date of this Act, the Department of Elderly24
Affairs shall be the successor of the Office of Elderly Affairs as provided in Act No. 384 of25
the 2013 Regular Session of the Legislature and the provisions of this Act. On and after the26
effective date of this Act, the commissioner of administration shall take all actions necessary27
to provide for the transfer of all appropriations and allocations made to the Office of Elderly28
Affairs to the Department of Elderly Affairs. Notwithstanding any provision of law to the29 HLS 14RS-729 ENGROSSED
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contrary, any appropriation or allocation of funds for any purpose, function, or program that1
is assigned to the Department of Elderly Affairs by virtue of statutory enactment in the2
Louisiana Revised Statutes of 1950 shall be deemed to have been made to the Department3
of Elderly Affairs regardless of the entity to which such appropriation or allocation is made,4
and the state treasurer shall redirect funds appropriated or allocated to any other department,5
agency, office, or entity for such purposes, functions, or programs to the Department of6
Elderly Affairs. The provisions of this Section shall supersede any appropriation or7
allocation to any other department, agency, office, or entity for such purposes, functions, or8
programs assigned to the Department of Elderly Affairs by virtue of statutory enactment.9
Section 3. This Act shall take effect and become operative if and when the proposed10
amendment of Article IV of the Constitution of Louisiana contained in the Act which11
originated as House Bill No. 343 of this 2014 Regular Session of the Legislature is adopted12
at a statewide election and becomes effective.13
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. 246
Abstract: Relative to the Department of Elderly Affairs, provides relative to officers and
employees, rulemaking, and funding for the department.
Present constitution (Const. Art. X) provides that the state civil service is divided into the
unclassified and the classified service and that persons not included in the unclassified
service are in the classified service. Provides, in part, that the unclassified service includes
the heads of each principal executive department appointed by the governor and one person
holding a confidential position and one principal assistant or deputy to such officers. Also
provides that additional positions may be added to the unclassified service and those
positions may be revoked by rules adopted by a state civil service commission. The
commission has added most officers of the 20 executive branch departments to the
unclassified service.
Proposed constitutional amendment (HB No. 343) creates the Dept. of Elderly Affairs as an
executive branch department and provides for its functions and funds. Provides, in part, that
all officers and employees of the department shall be in the classified state civil service,
notwithstanding any provision of Const. Art. X to the contrary, and that their appointments
and compensation shall be in accordance with state civil service rules.
Present law (not effective; to become effective when an executive branch department is
abolished or an additional department is authorized by constitutional amendment) (R.S.
36:153, 155, and 156) provides that the secretary of the Dept. of Elderly Affairs shall be
appointed by the governor with Senate consent from recommendations by the La. Executive HLS 14RS-729 ENGROSSED
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Board on Aging to serve at the pleasure of the governor at a salary fixed by the governor not
to exceed the amount approved by the legislature in session. Provides for an optional deputy
secretary and for an undersecretary over the office of management and finance of the
department. Provides for appointment and setting of salary of the deputy secretary (if
appointed) by the secretary and of the undersecretary by the governor, with salaries limited
to the amount approved by the legislature in session.
Proposed law provides for appointment of the secretary by the governor and for appointment
of the deputy secretary (if one is appointed) and the undersecretary by the secretary.
Present law (R.S. 36:5) provides that 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.
Proposed law (R.S. 36:5 and 151(D) and R.S. 46:931) provides that, notwithstanding present
law the secretary, deputy secretary, undersecretary, and any assistant secretary and all
officers and employees of the Dept. of Elderly Affairs shall be in the classified service of the
state. Provides that the appointment and salary of the secretary, the deputy secretary (if
appointed) and the undersecretary shall be in accordance with state civil service rules.
Changes provision (R.S. 46:933) authorizing the La. Executive Board on Aging to make
recommendations to the governor for replacement of the secretary and provides instead that
the board may make recommendations to the governor for disciplinary action against the
secretary in accordance with civil service rules.
Proposed law (R.S. 36:154(A)(3), R.S. 46:932(8) and 934) provides that provisions of law
authorizing the Dept. of Elderly Affairs to make rules or establish standards or rates shall
be construed to mean the secretary. Removes provisions for rulemaking by the La.
Executive Board on Aging and provides for the board to make recommendations to the
secretary.
Proposed law provides that on and after the effective date of the Act, the Dept. of Elderly
Affairs shall be the successor of the Office of Elderly Affairs as provided in Acts 2013, No.
384 and the present Act. Requires the commissioner of administration to take all actions
necessary to provide for the transfer of appropriations and allocations made to the Office of
Elderly Affairs to the Dept. of Elderly Affairs. Provides that, notwithstanding any law to the
contrary, any appropriation or allocation of funds for any purpose, function, or program
assigned to the Dept. of Elderly Affairs by statutory enactment in the R.S. shall be deemed
to have been made to 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 for such
purposes, functions, or programs to the Dept. of Elderly Affairs. Provides that such
proposed law supersedes any appropriation or allocation made to any other department,
agency, office, or entity for such purposes, functions, or programs.
Effective if and when the proposed amendment of Article IV of the Constitution of La.
contained in the Act which originated as House Bill No. 343 of this 2014 R.S. is adopted at
a statewide election and becomes effective. (Jan. 1, 2015)
(Amends R.S. 36:5, 153, 154(A)(3), 155, and 156(A) and R.S. 46:931, 932(8), 933(G), and
934(A) and (B); Adds R.S. 36:151(D))