Louisiana 2016 2016 Regular Session

Louisiana House Bill HB475 Engrossed / Bill

                    HLS 16RS-846	REENGROSSED
2016 Regular Session
HOUSE BILL NO. 475
BY REPRESENTATIVE HOFFMANN
CHILDREN/DCFS:  Provides for the organization of the Department of Children and
Family Services
1	AN ACT
2To amend and reenact R.S. 15:555(A)(17), R.S. 36:3(4), 9(C)(2)(introductory paragraph),
3 472(A), and 475, and R.S. 46:236.1.1(13) and to enact R.S. 36:476, relative to the
4 organization of the Department of Children and Family Services; to rename the
5 divisions of the department; to authorize a deputy secretary and assistant secretaries;
6 to provide for an effect date; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 15:555(A)(17) is hereby amended and reenacted to read as follows:
9 §555.  Sexual Assault Task Force; creation; membership; meetings
10	A.  The Louisiana Sexual Assault Task Force is hereby created within the
11 Department of Justice, office of the attorney general. The task force shall consist of
12 twenty-five members as follows:
13	*          *          *
14	(17)  The deputy assistant secretary of programs child welfare of the
15 Department of Children and Family Services, or his designee.
16	*          *          *
17 Section 2.  R.S. 36:3(4), 9(C)(2)(introductory paragraph), 472(A), and 475 are hereby
18amended and reenacted and R.S. 36:476 is hereby enacted to read as follows: 
19 §3.  Definitions
20	For the purposes of this Title the following terms shall have the following
21 meanings unless the context clearly indicates otherwise:
22	*          *          *
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HB NO. 475
1	(4)  "Deputy secretary" means the officer authorized to be appointed by the
2 secretary to serve as his principal administrative assistant. For the Department of
3 Public Safety and Corrections, the "deputy secretary for public safety services" and
4 the "deputy secretary for corrections services" shall be the officers of the department
5 appointed by the secretary to serve as the principal administrative assistants of the
6 secretary and references in any provision of law to the deputy secretary, where
7 reference is to a deputy secretary of the Department of Public Safety and
8 Corrections, shall include these two officers.  For the Louisiana Workforce
9 Commission, the "deputy executive director" shall mean the officer authorized by the
10 executive director to serve as his principal administrative assistant.  For the
11 Department of Children and Family Services, "deputy secretary" means the officers
12 appointed by the secretary to direct and be responsible for the functions of the
13 division of programs and the division of operations within the office of children and
14 family services.
15	*          *          *
16 §9.  Designation of certain organizational units; uniform terminology
17	*          *          *
18	C.
19	*          *          *
20	(2)  For the Department of Children and Family Services, each organizational
21 unit which reports to the secretary, which is not an agency and is not within the
22 division of management and finance, the division of programs, child welfare, or the
23 division of operations, family support, shall be in the executive division, and shall
24 be designated as follows:
25	*          *          *
26 §472.  Officers of the department; compensation for one office only
27	A.  The officers of the department shall be the secretary, the deputy secretary,
28 the undersecretary, the deputy secretary of programs assistant secretary of child
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1 welfare, and the deputy secretary of operations, assistant secretary of family support,
2 each of whom shall be selected and shall perform functions as provided in this Title.
3	*          *          *
4 §475.  Deputy secretaries secretary
5	A.  There shall be a deputy secretary of programs and a deputy secretary of
6 operations, each of whom shall be appointed by the secretary with consent of the
7 Senate and shall serve at the pleasure of the secretary at a salary fixed by the
8 secretary, which salary shall not exceed the amount approved for the respective
9 position by the legislature while in session.  The deputy secretary of programs shall
10 serve as acting secretary in the absence of the secretary.
11	B.  The deputy secretary of programs shall manage the division of programs
12 and perform the duties and functions of the department related to program
13 development and administration and development of rules and policies to govern the
14 various programs of the office of children and family services.
15	C.  The deputy secretary of operations shall manage the division of
16 operations and perform the duties and functions of the department related to the
17 program service delivery for the various programs of the office of children and
18 family services.
19	The secretary may appoint, with consent of the Senate, a deputy secretary of
20 the department who shall serve at the pleasure of the secretary at a salary fixed by
21 the secretary, which salary shall not exceed the amount approved for such position
22 by the legislature while in session.  The duties and functions of the deputy secretary
23 shall be determined and assigned by the secretary.  If appointed, the deputy secretary
24 shall serve as acting secretary in the absence of the secretary.
25 §476.  Assistant secretaries 
26	A. There shall be an assistant secretary of child welfare and an assistant
27 secretary of family support, who shall be appointed by the governor with consent of
28 the Senate and who shall serve at the pleasure of the governor at a salary fixed by the
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1 governor, which salary shall not exceed the amount approved for such position by
2 the legislature while in session.  
3	B.  The assistant secretary of child welfare shall manage the division of child
4 welfare and perform the duties and functions of the division related to program
5 development and administration, program service delivery, and development of rules
6 and policy to govern the various programs of the division.
7	C.  The assistant secretary of family support shall manage the division of
8 family support and perform the duties and functions of the division related to
9 program development and administration, program service delivery, and
10 development of rules and policy to govern the various programs of the division.
11 Section 3.  R.S. 46:236.1.1(13) is hereby amended and reenacted to read as follows: 
12 §236.1.1.  Family and child support programs; definitions
13	For the purposes of this Subpart, the following items shall mean:
14	*          *          *
15	(13)  "CSE administrator" means the program executive director of the child
16 support enforcement section, division of programs, family support, office of children
17 and family services, Department of Children and Family Services.
18	*          *          *
19 Section 4.  This Act shall become effective on July 1, 2016.
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)]
HB 475 Reengrossed 2016 Regular Session	Hoffmann
Abstract:  Provides for the divisions and officers of the Dept. of Children and Family
Services (DCFS).
Present law divides DCFS into the division of programs and the division of operations and
provides for a deputy secretary for each division.
Proposed law renames the division of programs to the division of child welfare and renames
the division of operations to the division of family support.  Proposed law further provides
for an assistant secretary for each division to be appointed by the governor.
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HB NO. 475
Proposed law authorizes the secretary of DCFS to appoint a single deputy secretary to
perform duties and functions determined and assigned by the secretary.  Proposed law
requires the deputy secretary to serve as acting secretary in the absence of the secretary.
Proposed law updates references to the division of operations and division of programs in
present law to either the division of child welfare or the division of family support.
Effective July 1, 2016.
(Amends R.S. 15:555(A)(17), R.S. 36:3(4), 9(C)(2)(intro. para.), 472(A), and 475, and R.S.
46:236.1.1(13); Adds R.S. 36:476)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Make technical changes.
2. Update references in present law provisions regarding the La. Sexual Assault
Task Force and family and child support programs.
3. Change the appointing authority for the assistant secretaries from the secretary
of the department to the governor.
The House Floor Amendments to the engrossed bill:
1. Make a technical correction to a citation in the title of the bill.
2. Update the heading of a section amended by proposed law.
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