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 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))