Louisiana 2014 2014 Regular Session

Louisiana House Bill HB342 Comm Sub / Analysis

                    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, which is not to be subject to or considered for purposes of the 20-department limit
on the number of executive branch departments. 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, ยง23)) Summary of Amendments Adopted by House
Committee Amendments Proposed by 	House Committee on House and Governmental Affairs
to the original bill.
1. Provides that the Dept. of Elderly Affairs is not to be subject to or considered for
purposes of the 20-department limit on the number of executive branch departments.