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Prepared by Ashley Menou.
Harrison HB No. 342
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
ELDERLY. (Constitutional Amendment) Creates and provides for a Department of
Elderly Affairs.
DIGEST
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, except services provided to veterans from Louisiana Department of Veterans
Affairs and services for which licensure or certification is not required by state or federal
law.
Proposed constitutional amendment further provides that services and programs that are
licensed or certified by the Department of Health and Hospitals will remain with such
department. Provides that the department will have other powers, duties, and functions as
authorized by the constitution or provided by law.
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.
Proposed constitutional amendment provides that funds appropriated to parish councils on
aging that have a nationally accredited senior center within that parish will be allocated to
both entities on a per capita basis.
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 July 1, 2014, if the
constitutional amendment is ratified by the voters.
Proposed law provides that the Act that originated as House Bill 341 of the 2014 Regular
Session is amended to read "Be it further resolved that this proposed amendment shall not
be submitted to the electors of the state of Louisiana."
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 4, 2014.
Effective July 1, 2015; if ratified by the voters.
(Adds Const. Art. IV, ยง23)) Page 2 of 2
Prepared by Ashley Menou.
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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and Governmental
Affairs to the engrossed bill
1. Provides that the Department of Elderly Affairs will be responsible for functions
for which licensure or certification is not required by state or federal law.
2. Provides that the Department of Elderly Affairs will not be responsible for
services provided to veterans by the Department of Veterans Affairs. The
Department of Elderly Affairs will also not be responsible services and programs
that are licensed or certified by the Department of Health and Hospitals.
3. Provides that funds appropriated to parish councils on aging which have a
nationally accredited senior center within the parish will be allocated to both
entities on a per capita basis.
4. Amends House Bill 341 of the 2014 Regular Session to provide that the proposed
amendment will not be submitted to the electors of the state of Louisiana.
5. Changes the effective date from January 1, 2015 to July 1, 2015.
6. Changes ballot language to include that the Department of Elderly Affairs will
not be responsible for services and programs that are licensed or certified by the
Department of Health and Hospitals.