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Regular Session, 2014
HOUSE BILL NO. 342
BY REPRESENTATIVE HARRISON
ELDERLY: (Constitutional Amendment) Creates and provides for a Department of Elderly
Affairs
A JOINT RESOLUTION1
Proposing to add Article IV, Section 23 of the Constitution of Louisiana, to provide for the2
Department of Elderly Affairs; to create the department and provide for its authority3
and functions; to provide relative to officers and employees and relative to funding;4
to provide for the effectiveness of legislation creating the department; to provide for5
submission of the proposed amendment to the electors; and to provide for related6
matters.7
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members8
elected to each house concurring, that there shall be submitted to the electors of the state of9
Louisiana, for their approval or rejection in the manner provided by law, a proposal to add10
Article IV, Section 23 of the Constitution of Louisiana, to read as follows:11
§23. Department of Elderly Affairs12
Section 23. The Department of Elderly Affairs is created as one of the13
departments in the executive branch of state government. The legislature may14
allocate executive branch offices, agencies, and other instrumentalities and their15
functions, powers, duties, and responsibilities to the department. The department16
shall be responsible for the functions of the state that are designed to meet the needs17
of Louisiana residents sixty years of age or older and for planning, monitoring,18
coordinating, and delivering services to the elderly of the state. The department shall19
have other powers, duties, and functions as authorized by this constitution or20 HLS 14RS-730 ORIGINAL
HB NO. 342
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provided by law. No funds shall be appropriated for functions for which the1
department is responsible to any other department or organizational unit of the2
executive branch of state government, and any funds appropriated for functions for3
which the department is responsible shall be deemed appropriated to the department.4
All officers and employees of the department shall be in the classified state civil5
service, notwithstanding any provision of Article X of this constitution to the6
contrary, and their appointments and compensation shall be in accordance with civil7
service rules.8
Section 2. Be it further resolved that this proposed amendment shall be submitted9
to the electors of the state of Louisiana at the statewide election to be held on November 4,10
2014.11
Section 3. Be it further resolved that, if the proposed amendment contained in this12
Joint Resolution is ratified by the electors of the state, the provisions of the amendment and13
Sections 1 through 7 of Act No. 384 of the 2013 Regular Session of the Legislature,14
including any amendments to the provisions contained therein enacted at this 2014 Regular15
Session of the Legislature of Louisiana, shall become effective on January 1, 2015.16
Section 4. Be it further resolved that on the official ballot to be used at the election,17
there shall be printed a proposition, upon which the electors of the state shall be permitted18
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as19
follows:20
Do you support an amendment to create a Department of Elderly Affairs to21
be responsible for meeting the needs of Louisiana residents sixty years of age22
or older and for planning, monitoring, coordinating, and delivering services23
to the state's elderly, to provide for appropriation of funds for such functions24
to the department and to prohibit appropriation of funds for such functions25
to any other unit of the executive branch of state government, and to provide26
that department officers and employees shall be in the classified civil27
service? (Effective January 1, 2015) (Adds Article IV, Section 23)28 HLS 14RS-730 ORIGINAL
HB NO. 342
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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. 342
Abstract: Creates a Dept. of Elderly Affairs to be responsible for meeting the needs of La.
residents age 60 years or older and for planning, monitoring, coordinating, and
delivering services to the state's elderly and prohibits appropriation of funds for such
functions to any other unit of the executive branch of state government.
Present constitution provides for the executive branch of state government and provides for
allocation of the functions, powers, duties, and responsibilities of the executive branch
within not more than 20 departments.
Proposed constitutional amendment creates a Dept. of Elderly Affairs as an executive branch
department. Specifies that the legislature may allocate executive branch offices, agencies,
and instrumentalities and their functions, powers, duties, and responsibilities to the
department. Provides that the Dept. of Elderly Affairs is responsible for the functions of the
state that are designed to meet the needs of La. residents age 60 or older and for planning,
monitoring, coordinating, and delivering services to the state's elderly. Provides that the
department shall have other powers, duties, and functions as authorized by the constitution
or provided by law. Provides 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 their appointments and compensation shall be in accordance with civil service
rules.
Proposed constitutional amendment prohibits appropriation of funds for functions for which
the Dept. of Elderly Affairs is responsible to any other organizational unit of the executive
branch of state government, and provides that any funds appropriated for functions for which
the department is responsible shall be deemed appropriated to the department.
Present law (Act No. 384 of 2013 R.S.) creates a Dept. of Elderly Affairs to become
effective upon the effective date of the abolition of one or more of the 20 executive branch
departments or the effective date of a constitutional amendment that authorizes creation of
an additional executive branch department, whichever such effective date is earlier.
Proposed law provides that Sections 1-7 of Act No. 384 of the 2013 R.S., including any
amendments enacted at the 2014 R.S., shall become effective on Jan. 1, 2015, if the
constitutional amendment is ratified by the voters.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 4, 2014.
Effective Jan. 1, 2015, if ratified by the state's voters.
(Adds Const. Art. IV, §23))