HLS 20RS-36 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 612
BY REPRESENTATIVE GREGORY MILLER
LEGISLATION: Provides for technical corrections and revision of provisions of Title 36
of the Louisiana Revised Statutes
1 AN ACT
2To amend and reenact R.S. 17:2048.61(B), R.S. 25:379(A), 379.2(B)(5), 380(A),
3 380.2(B)(5), 380.21(A), 380.23(B)(7), 380.51(A), 380.53(B)(7), 380.81(A),
4 380.83(B)(7), 380.91(A), 380.93(B)(7), 380.131(A), 380.133(B)(6), 380.151(A), and
5 380.153(B)(7), R.S. 28:64(A)(1), R.S. 29:769(E), R.S. 36:4(B), (C), and (D), 4.1(C),
6 (D), and (E), 53(A) and (C), 109, 209, 259(B)(introductory paragraph) and (15)
7 through (22), (C)(introductory paragraph), and (D), 478, 651, 744, 801(introductory
8 paragraph), 801.1(A), 802(introductory paragraph), 802.3, 803(A)(1), 851(A),
9 901(A), and 921(A), R.S. 42:808(A)(6), R.S. 46:2403(E), and R.S. 51:1253(3), to
10 enact R.S. 36:4.1(B), 53(B) and (D), and 259(E), (F), and (G), and to repeal R.S.
11 36:4(E) through (BB), 4.1(F) and (G), 53(F) through (J), 259(B)(23) through (36),
12 801.2, 801.5, 801.6, 801.7, 801.9, 801.12, 801.15, 801.16, 801.20, 801.22, 802.14,
13 802.19, 809, 851.1, 908, 909, 910, 911, 912, 913(B), 919.6, and 919.9, relative to
14 providing corrections for Title 36 of the Louisiana Revised Statutes of 1950; to
15 provide for technical corrections; to provide for re-organization of the structure of
16 Title 36; and to provide for related matters.
17Be it enacted by the Legislature of Louisiana:
18 Section 1. R.S. 17:2048.61(B) is hereby amended and reenacted to read as follows:
19 §2048.61. Simulation Medical Training and Education Council for Louisiana;
20 creation; membership
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1 * * *
2 B. There is hereby created in the Department of Education, under the
3 jurisdiction of the Board of Regents, the Simulation Medical Training and Education
4 Council for Louisiana, hereafter referred to as "council". The council shall be placed
5 under the Louisiana Health Works Commission and shall exercise and perform its
6 powers, duties, functions, and responsibilities in the manner provided for agencies
7 transferred in accordance with the provisions of R.S. 36:801.5 R.S. 36:651(L).
8 * * *
9 Section 2. R.S. 25:379(A), 379.2(B)(5), 380(A), 380.2(B)(5), 380.21(A),
10380.23(B)(7), 380.51(A), 380.53(B)(7), 380.81(A), 380.83(B)(7), 380.91(A), 380.93(B)(7),
11380.131(A), 380.133(B)(6), 380.151(A), and 380.153(B)(7) are hereby amended and
12reenacted to read as follows:
13 §379. Establishment and location; purpose and use
14 A. The facility known prior to June 6, 1991, as the Louisiana State Museum-
15 Shreveport is hereby renamed the Louisiana State Exhibit Museum. The Louisiana
16 State Exhibit Museum is established as a facility in the city of Shreveport under the
17 overall jurisdiction of the Department of State, as more specifically provided in this
18 Chapter and in R.S. 36:801.6 R.S. 36:744(F).
19 * * *
20 §379.2. Duties and powers of the board
21 * * *
22 B. The board shall:
23 * * *
24 (5) Advise the secretary of state on all matters relating to the operations of
25 the Louisiana State Exhibit Museum and shall have such other functions as are
26 otherwise provided in this Chapter and R.S. 36:801.6 R.S. 36:744(F).
27 * * *
28 §380. Establishment and location; purpose and use
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1 A. The Louisiana State Cotton Museum is established as a facility in the
2 parish of East Carroll under the overall jurisdiction of the Department of State, as
3 more specifically provided in this Chapter and in R.S. 36:801.7 R.S. 36:744(F).
4 * * *
5 §380.2. Duties and powers of the board
6 * * *
7 B. The board shall:
8 * * *
9 (5) Advise the secretary of state on all matters relating to the operations of
10 the Louisiana State Cotton Museum and shall have such other functions as are
11 otherwise provided in this Chapter and R.S. 36:801.7 R.S. 36:744(F).
12 * * *
13 §380.21. Establishment and location; purpose and use
14 A. The Louisiana State Oil and Gas Museum is established as a facility in
15 the parish of Caddo under the overall jurisdiction of the Department of State as more
16 specifically provided in this Chapter and in R.S. 36:801.9 R.S. 36:744(F).
17 * * *
18 §380.23. Duties and powers of the board
19 * * *
20 B. The board shall:
21 * * *
22 (7) Perform such other functions as are otherwise provided in this Chapter
23 and R.S. 36:801.9 R.S. 36:744(F).
24 * * *
25 §380.51. Establishment and location; purpose and use
26 A. The Louisiana Delta Music Museum is established as a facility in the
27 town of Ferriday, parish of Concordia, under the overall jurisdiction of the
28 Department of State as more specifically provided in this Chapter and in R.S.
29 36:801.12 R.S. 36:744(F).
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2 §380.53. Duties and powers of the board
3 * * *
4 B. The board shall:
5 * * *
6 (7) Perform such other functions as are otherwise provided by this Chapter
7 and R.S. 36:801.12 R.S. 36:744(F).
8 * * *
9 §380.81. Establishment and location; purpose and use
10 A. The Tioga Heritage Park and Museum, referred to in this Chapter as the
11 "museum", is established as a facility in the parish of Rapides under the overall
12 jurisdiction of the Department of State as more specifically provided in this Chapter
13 and in R.S. 36:801.15 R.S. 36:744(F).
14 * * *
15 §380.83. Duties and powers of the board
16 * * *
17 B. The board shall:
18 * * *
19 (7) Perform such other functions as are otherwise provided by this Chapter
20 and R.S. 36:801.15 R.S. 36:744(F).
21 * * *
22 §380.91. Establishment and location; purpose and use
23 A. The Mansfield Female College Museum is established as a facility in the
24 town of Mansfield, parish of DeSoto, under the overall jurisdiction of the
25 Department of State as more specifically provided in this Chapter and in R.S.
26 36:801.16 R.S. 36:744(F).
27 * * *
28 §380.93. Duties and powers of the board
29 * * *
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1 B. The board shall:
2 * * *
3 (7) Perform such other functions as are otherwise provided by this Chapter
4 and R.S. 36:801.16 R.S. 36:744(F).
5 * * *
6 §380.131. Establishment and location; purpose and use
7 A. The Louisiana Military Hall of Fame and Museum is established as a
8 facility in the city of Abbeville, parish of Vermilion, under the overall jurisdiction
9 of the Department of State as more specifically provided in this Chapter and in R.S.
10 36:801.20 R.S. 36:744(F).
11 * * *
12 §380.133. Duties and powers of the board
13 * * *
14 B. The board shall:
15 * * *
16 (6) Perform such other functions as are otherwise provided by this Chapter
17 and R.S. 36:801.20 R.S. 36:744(F).
18 * * *
19 §380.151. Establishment and location; purpose and use
20 A. The Germantown Colony Museum is established as a facility in the parish
21 of Webster, under the overall jurisdiction of the Department of State as more
22 specifically provided in this Chapter and in R.S. 36:801.22 R.S. 36:744(F).
23 * * *
24 §380.153. Duties and powers of the board
25 * * *
26 B. The board shall:
27 * * *
28 (7) Perform such other functions as are otherwise provided by this Chapter
29 and R.S. 36:801.22 R.S. 36:744(F).
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2 Section 3. R.S. 28:64(A)(1) is hereby amended and reenacted to read as follows:
3 §64. Mental Health Advocacy Service; creation; board of trustees; organization;
4 powers; duties
5 A.(1) A Mental Health Advocacy Service is hereby created and shall be
6 governed by a board of trustees. The Mental Health Advocacy Service shall be in
7 the executive branch of state government, in the office of the governor pursuant to
8 R.S. 36:4(B)(1)(v) R.S. 36:4(B).
9 * * *
10 Section 4. R.S. 29:769(E) is hereby amended and reenacted to read as follows:
11 §769. Special powers during a state of public health emergency; control of property
12 * * *
13 E. Temporary registration of health care professionals. Any board or
14 commission placed within the Louisiana Department of Health by R.S. 36:259(A)(1)
15 through (16), (19) through (21), and (24) and (B)(32) (B)(20) and 629(S) may
16 exercise during such period as the declared state of public health emergency exists,
17 the power reasonably necessary to issue temporary registrations to health care
18 providers licensed, certified, or registered in another jurisdiction of the United States
19 whose licenses, certifications, or registrations are current and unrestricted and in
20 good standing in such jurisdictions. The boards and commissions may promulgate
21 rules creating an expedited emergency process for issuance of emergency temporary
22 registrations. Such temporary registrations may be granted for a period of not more
23 than sixty days at the discretion of the board or commission, with the possible
24 extension of up to two additional sixty-day periods as determined appropriate and
25 necessary by the board or commission. The temporary registrants shall register with
26 the respective board or commission prior to providing professional services in this
27 state. Rules promulgated pursuant to the provisions of this Section may, at the
28 discretion of the board or commission, provide that the temporary registrants shall
29 only be allowed to provide gratuitous services specified by the board or commission,
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1 or its designee for such purpose. Within thirty days after June 2, 2006, each such
2 board or commission shall file an emergency plan with the department for processes
3 related to registration of health care providers licensed, certified, or registered in
4 another jurisdiction of the United States responding to the public health emergency.
5 Section 5. R.S. 36:4(B), (C), and (D), 4.1(C), (D), and (E), 53(A) and (C), 109, 209,
6259(B)(introductory paragraph) and (15) through (22), (C)(introductory paragraph), and (D),
7478, 651, 744, 801(introductory paragraph), 801.1(A), 802(introductory paragraph), 802.3,
8803(A)(1), 851(A), 901(A), and 921(A) are hereby amended and reenacted and R.S.
936:4.1(B), 53(B) and (D), and 259(E), (F), and (G), are hereby enacted to read as follows:
10 §4. Structure of executive branch of state government
11 * * *
12 B. The office of the governor shall be in the executive branch of state
13 government. The governor may allocate within his office the powers, duties, funds,
14 functions, appropriations, responsibilities, and personnel of the agencies within his
15 office, provide for the administration thereof, and for the organization of his office.
16 (1) The following agencies and their powers, duties, functions, and responsibilities
17 are hereby transferred to the office of the governor:
18 (a) (1) Division of administration (including but not limited to Subtitle I of
19 Title 39 of the Louisiana Revised Statutes of 1950 generally, including but not
20 limited to R.S. 39:1 et seq., 11 et seq., 15.1 et seq., 21 et seq., 51 et seq., 71 et seq.,
21 87.1 et seq., 88.1 et seq., 101 et seq., 140 et seq., 171 et seq., 196 et seq., 231 et seq.,
22 251 et seq., 321 et seq., 333 et seq., 360 et seq., and 367; and also R.S. 39:1410, 1527
23 et seq., 1551 et seq., 1751 et seq., 1761 et seq., 1796 et seq., 2001 et seq., and 2171
24 et seq.; R.S. 40:1237.2; R.S. 41:1 et seq., R.S. 42:801 et seq. and 1261 et seq.; R.S.
25 43:1,31, 33, and 81- 90; R.S. 47:35; and R.S. 49:141, 205, 661 et seq., 954.1, and
26 981 et seq.). The following agencies are placed within the division of
27 administration:
28 (b) (a) Office of state procurement, division of administration (R.S. 39:1551
29 et seq.).
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HB NO. 612
1 (c) (b) Division of state buildings (R.S. 49:141).
2 (d) (c) Office of facility planning and control, division of administration
3 (R.S. 39:101 et seq.).
4 (e) (d) The office of technology services (R.S. 39:15.1 et seq.), including the
5 Louisiana Geographic Information Systems Council (R.S. 49:1051 et seq.), within
6 the division of administration.
7 (e) Office of the State Register (R.S. 49:954.1 and 981 et seq.).
8 (f) The Cash Management Review Board (R.S. 39:88.1 et seq. and 371 et
9 seq.).
10 (g) The Patient's Compensation Fund Oversight Board (R.S. 40:1231.4),
11 which shall perform and exercise its powers, duties, functions, and responsibilities
12 as provided in R.S. 36:801.1, and shall continue to appoint its executive director and
13 other personnel as provided by law.
14 (h) The Office of Group Benefits (R.S. 42:801). The Group Benefits Policy
15 and Planning Board (R.S. 42:881 et seq.) shall be within the Office of Group
16 Benefits.
17 (i) The Louisiana Tax Commission (R.S. 47:1831 et seq. and 1951 et seq.),
18 which shall perform and exercise its powers, duties, functions, and responsibilities
19 as provided in R.S. 36:801.1.
20 (j) The powers, duties, functions, and responsibilities of the Board of
21 Commissioners of Camp Moore Confederate Cemetery (R.S. 29:432-435), formerly
22 abolished, are hereby transferred to the division of administration, state land office.
23 The state land office may enter into a cooperative endeavor agreement with the
24 Camp Moore Historical Association for the operation and maintenance of the Camp
25 Moore Museum and Cemetery.
26 (f) (2) The Occupational Forecasting Conference (R.S. 23:76).
27 (g) (3) Governor's Office of Homeland Security and Emergency
28 Preparedness (R.S. 29:721 et seq.).
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1 (h) The Council on Peace Officer Standards and Training (R.S. 40:2401-
2 2406), which is placed under the jurisdiction of the Louisiana Commission on Law
3 Enforcement and Administration of Criminal Justice.
4 (i) Crime Victims Reparations Board (R.S. 46:1801 et seq. and R.S. 15:1223)
5 which is placed under the jurisdiction of the Louisiana Commission on Law
6 Enforcement and Administration of Criminal Justice.
7 (j) Office of the State Register, division of administration ( R.S. 49:954.1
8 and 981 et seq.).
9 (k) (4) Louisiana Architects Selection Board ( R.S. 38:2311).
10 (l) (5) Louisiana Engineers Selection Board ( R.S. 38:2311).
11 (m) (6) Louisiana Landscape Architects Selection Board ( R.S. 38:2311).
12 (n) (7) The Military Department, state of Louisiana (Art. IV, Sec. 5(J) of
13 1974 Const.; R.S. 29:1-242 [excluding provisions for the Governor's Office of
14 Homeland Security and Emergency Preparedness]; R.S. 40:1379.2), including the
15 Ansel M. Stroud, Jr. Military History and Weapons Museum (R.S. 25:851-856).
16 (r) The Cash Management Review Board (R.S. 39:88.1 et seq. and 371 et
17 seq.) is placed within the office of the governor, division of administration.
18 (s) (8) The Law Enforcement Executive Management Institute and its board
19 (R.S. 33:2341 et seq.) are placed within the office of the governor and shall perform
20 and exercise their powers, duties, functions, and responsibilities as provided by law.
21 (u) (9) Louisiana Stadium and Exposition District, Board of Commissioners
22 (Act No. 541 of the 1976 Regular Session).
23 (v) (10) The Mental Health Advocacy Service and its board of trustees (R.S.
24 28:64).
25 (z) (11) The Louisiana Commission on Law Enforcement and
26 Administration of Criminal Justice ( R.S. 15:1201 et seq.). The following agencies
27 are placed under the jurisdiction of the Louisiana Commission on Law Enforcement
28 and Administration of Criminal Justice:
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1 (a) The Council on Peace Officer Standards and Training (R.S. 40:2401-
2 2406).
3 (b) Crime Victims Reparations Board (R.S. 46:1801 and R.S. 15:1223).
4 (aa) (c) The Louisiana Sentencing Commission (R.S. 15:321 et seq.) under
5 the jurisdiction of the Louisiana Commission on Law Enforcement and
6 Administration of Criminal Justice.
7 (dd) The Patient's Compensation Fund Oversight Board, as established by
8 R.S. 40:1231.4, shall be placed in the office of the governor, division of
9 administration, shall perform and exercise its powers, duties, functions, and
10 responsibilities as provided in R.S. 36:801.1, and shall continue to appoint its
11 executive director and other personnel as provided by law.
12 (ff) (l2) The Louisiana Sheriff's Executive Management Institute (R.S.
13 13:5631 et seq.).
14 (2) The following agencies are hereby abolished and their powers, duties,
15 functions, and responsibilities are hereby transferred to the governor:
16 (a) Public Buildings Board (R.S. 49:131-49:134).
17 (3) The governor may allocate within his office the powers, duties, funds,
18 functions, appropriations, responsibilities, and personnel of the agencies within his
19 office, provide for the administration thereof and for the organization of his office.
20 (4) (13) The office of life-long learning, as more specifically provided in
21 R.S. 17:3931 and 3932 shall be placed within the office of the governor.
22 (5) (14) The governor may establish within his office an office of civil rights,
23 as more specifically provided in R.S. 49:213.
24 (6)(a) (15) The office of elderly affairs and the Louisiana Executive Board
25 on Aging, as more specifically provided in R.S. 46:931 et seq., shall be placed within
26 the office of the governor.
27 (7) (16) The office of disability affairs, as more specifically provided in R.S.
28 46:2581 and 2582, shall be placed within the office of the governor.
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1 (8) (17) The Children's Cabinet and the Children's Cabinet Advisory Board,
2 as more specifically provided in R.S. 46:2601 through 2607, the Children's Trust
3 Fund, as more specifically provided in R.S. 46:2401 through 2407, and the Council
4 on the Status of Grandparents Raising Grandchildren, as more specifically provided
5 in R.S. 46:2605.1 through 2605.3, shall be placed within the office of the governor.
6 (11) The management of all state-owned aircraft that are being managed by
7 the Department of Transportation and Development on the effective date of this
8 Paragraph is hereby vested in the office of the governor within the division of
9 administration.
10 (12) (18) The Louisiana Commission on Human Rights, as more specifically
11 provided in R.S. 51:2231-2265, shall be placed within the office of the governor.
12 (13) The functions of the Registrar of the State Land Office and the State
13 Land Office (R.S. 41:1-19 and generally all of Title 41 of the Louisiana Revised
14 Statutes of 195(0) previously abolished by Act No. 513 of the 1976 Regular Session
15 of the Legislature, and the administration and supervision of state lands is hereby
16 placed within the office of the governor, division of administration.
17 (15)(a) The Office of Group Benefits, as more specifically provided in R.S.
18 42:801 et seq., shall be placed within the office of the governor, division of
19 administration, and shall perform and exercise its powers, duties, functions, and
20 responsibilities as provided by law.
21 (b) The Group Benefits Policy and Planning Board (R.S. 42:881 et seq.) shall
22 be within the Office of Group Benefits within the office of the governor, division of
23 administration, and shall perform and exercise its powers, duties, functions, and
24 responsibilities as provided by law.
25 (16) The powers, duties, functions, and responsibilities of the Board of
26 Commissioners of Camp Moore Confederate Cemetery (R.S. 29:432-435), formerly
27 abolished, are hereby transferred to the division of administration, state land office.
28 The state land office may enter into a cooperative endeavor agreement with the
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1 Camp Moore Historical Association for the operation and maintenance of the Camp
2 Moore Museum and Cemetery.
3 (17) (19) The office of the coordinator of faith-based programs, as more
4 specifically provided in R.S. 49:210.2, shall be placed within the office of the
5 governor.
6 (18) The Louisiana Tax Commission (R.S. 47:1831 et seq.; R.S. 47:1951 et
7 seq.) is placed within the office of the governor, division of administration and shall
8 exercise and perform its powers, duties, functions, and responsibilities as provided
9 for agencies transferred in accordance with the provisions of R.S. 36:801.1.
10 C. The office of the lieutenant governor shall be in the executive branch of
11 state government.
12 D. (20) The Louisiana Public Defender Board, as more specifically provided
13 for in the Louisiana Public Defender Act (R.S. 15:141 et seq.), shall be placed within
14 the office of the governor as an independent agency and shall exercise its powers,
15 duties, functions, and responsibilities in the manner provided for agencies transferred
16 in accordance with the provisions of R.S. 36:801.1.
17 E. (21) The Juvenile Justice Reform Act Implementation Commission, as
18 more specifically provided in R.S. 46:2751 through 2757, shall be placed within the
19 office of the governor and which shall perform and exercise its powers, duties,
20 functions, and responsibilities as provided by law.
21 F. (22) The office on women's policy (R.S. 46:2521-2525) shall be placed
22 within the office of the governor. The Louisiana Women's Policy and Research
23 Commission (R.S. 46:2525) is placed within the office on women's policy.
24 G. (23) The Governor's Office of Indian Affairs (R.S. 46:2301-2303), shall
25 be placed within the office of the governor and which shall perform and exercise its
26 powers, duties, functions, and responsibilities in the manner provided for agencies
27 transferred in accordance with the provisions of R.S. 36:802.
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1 H. (24) The Intrastate Mutual Aid Subcommittee (R.S. 29:739), is placed
2 within the office of the governor and which shall perform and exercise its powers,
3 duties, functions, and responsibilities as provided by law.
4 I. (25) The office of the state inspector general, as more specifically provided
5 in R.S. 49:220.21 et seq., shall be placed within the office of the governor.
6 K. (26) The Drug Policy Board as provided for in R.S. 49:219.1 through
7 219.4, shall be placed within the office of the governor and which shall exercise its
8 powers, duties, and functions in accordance with the provisions of R.S. 36:801.1.
9 L.(1) (27) The office of rural development (R.S. 3:311 et seq.), shall be
10 placed within the office of the governor and which shall perform and exercise its
11 powers, duties, functions, and responsibilities as provided by law.
12 N. The Volunteer Louisiana Commission, as more specifically provided for
13 in R.S. 49:1111 et seq., shall be placed within the office of the lieutenant governor
14 and shall exercise its powers, duties, and functions in accordance with the provisions
15 of R.S. 36:802.14.
16 R. (28) The Louisiana State Interagency Coordinating Council for
17 EarlySteps: Louisiana's Early Intervention Program for Infants and Toddlers with
18 Disabilities and Their Families (R.S. 28:470), is placed within the office of the
19 governor and which shall exercise and perform its powers, duties, functions, and
20 responsibilities in accordance with the manner provided for agencies transferred
21 under the provisions of R.S. 36:802, except that it shall have any other powers,
22 duties, functions, and responsibilities specifically provided in R.S. 28:470.
23 U. The Encore Louisiana Commission, as provided for in R.S. 51:1317 et
24 seq., shall be placed within the office of the lieutenant governor and shall exercise
25 its powers, duties, and functions as provided by law.
26 X. (29) The Louisiana Council on the Success of Black Men and Boys, as
27 provided for in R.S. 49:1211 et seq., shall be placed within the office of the governor
28 and which shall exercise its powers, duties, and functions as provided by law.
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1 Y. (30) The Pet Overpopulation Advisory Council, as more specifically
2 provided in R.S. 47:463.60, is placed within the office of the governor and which
3 shall perform its powers, duties, and functions as provided by law.
4 Z.(1) (31)(a) The Governor's Advisory Commission on Coastal Protection,
5 Restoration and Conservation (R.S. 49:214.4.1) and the Coastal Protection and
6 Restoration Authority Board (R.S. 49:214.5.1 et seq.), and the Coastal Protection and
7 Restoration Authority (R.S. 49:214.6.1 et seq.), shall be placed within the office of
8 the governor and which shall perform and exercise their powers, duties, functions,
9 and responsibilities as provided by law.
10 (2) (b) The responsibilities of the Atchafalaya Basin Program (R.S.
11 49:214.8.1 et seq.) shall be placed within the Coastal Protection and Restoration
12 Authority and shall perform and exercise their powers, duties, functions, and
13 responsibilities as provided by law.
14 AA. (32) The Latino Commission (R.S. 49:1221 et seq.), is hereby placed
15 within the office of the governor and which shall exercise its powers, duties,
16 functions, and responsibilities as provided in R.S. 36:917 R.S. 36:901 et seq.
17 Notwithstanding the provisions of R.S. 36:901 et seq., the board may solicit, receive,
18 and expend funds as authorized by law.
19 BB. (33) The Rural Water Infrastructure Committee (R.S. 49:220.31 et seq.),
20 is hereby placed within the office of the governor and which shall perform its
21 powers, duties, and functions as provided by law.
22 C. The Public Buildings Board (R.S. 49-131-49:134) is hereby abolished and
23 its powers, duties, functions, and responsibilities are hereby transferred to the
24 governor.
25 D. The office of the lieutenant governor shall be in the executive branch of
26 state government. The following agencies are placed within the office of the
27 lieutenant governor and shall exercise their powers, duties, functions, and
28 responsibilities as provided by law:
29 (1) The Encore Louisiana Commission (R.S. 51:1317 et seq.).
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1 (2)(a) The Volunteer Louisiana Commission (R.S. 49:1111 et seq.) shall be
2 transferred to the office of the lieutenant governor as provided in R.S. 36:802, except
3 that the commission shall be authorized to employ, fix the compensation of, remove,
4 and assign duties to the executive director of the commission and shall be authorized
5 to employ, appoint, fix the compensation of, remove, assign, and promote such
6 personnel as are necessary for the commission to perform its powers, duties,
7 responsibilities, and functions in accordance with civil service laws, rules, and
8 regulations.
9 (b) The term "secretary of the department" as used in R.S. 36:802 shall mean
10 the lieutenant governor and the term "undersecretary of the department" as used in
11 R.S. 36:802 shall mean the undersecretary of the Department of Culture, Recreation
12 and Tourism for the purposes of this Paragraph.
13 §4.1. Agencies transferred from the Department of Economic Development to the
14 office of the governor; agencies placed within the office of the governor
15 * * *
16 C. B. The following agencies are hereby placed within the office of the
17 governor:
18 (1) The Office of Financial Institutions, which is hereby placed within the
19 office of the governor and shall perform and exercise its powers, duties, functions,
20 and responsibilities as provided in R.S. 36:801.1. (2) The Office of Financial
21 Institutions shall be a separate budget unit within the office of the governor.
22 (2) The Louisiana State Racing Commission (R.S. 4:141 et seq.) which shall
23 perform and exercise its powers, duties, functions, and responsibilities as provided
24 in R.S. 36:801.1.
25 D. C. The following agencies, as defined in R.S. 36:3, are hereby transferred
26 to and shall be placed within the office of the governor and shall perform and
27 exercise their powers, duties, functions, and responsibilities as provided in R.S.
28 36:803:
29 (1) The Louisiana Cemetery Board (R.S. 8:61 through 78).
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1 (2) State Board of Certified Public Accountants of Louisiana (R.S. 37:71 et
2 seq.).
3 (3) State Board of Architectural Examiners (R.S. 37:141 et seq.).
4 (4) Louisiana Real Estate Commission (R.S. 37:1430 et seq.).
5 (5) Louisiana State Board of Home Inspectors (R.S. 37:1471 et seq.).
6 (6) State Licensing Board for Contractors (R.S. 37:2150 et seq.).
7 (8) (7) Board of Examiners of Certified Shorthand Reporters (R.S. 37:2551
8 et seq.).
9 (9) (8) Louisiana Auctioneers Licensing Board (R.S. 37:3101 et seq.).
10 (10) (9) State Board of Examiners of Interior Designers (R.S. 37:3171 et
11 seq.).
12 (11) (10) Louisiana Real Estate Appraisers Board (R.S. 37:3391 et seq.).
13 (12) (11) The State Boxing and Wrestling Commission (R.S. 4:61 et seq.).
14 (13) (12) Louisiana Motor Vehicle Commission (R.S. 32:1251 et seq.).
15 (14) (13) Louisiana Used Motor Vehicle Commission (R.S. 32:781 et seq.).
16 (15) (14) Louisiana State Polygraph Board (R.S. 37:2831 et seq.),
17 notwithstanding the provisions of Chapter 36-A of Title 37 to the contrary.
18 (16) (15) The Louisiana Board of Cosmetology (R.S. 37:561 et seq.).
19 E. D. The Department of Occupational Standards (R.S. 37:1-15) is hereby
20 abolished and its powers, duties, functions, and responsibilities are transferred to the
21 governor, through the commissioner of administration, in the office of the governor
22 and hereafter shall be exercised and performed as provided in Part IV of Chapter 22
23 of this Title R.S. 36:921 et seq.
24 F. E. Not later than the first day of January in each year, each entity
25 transferred or placed in the office of the governor pursuant to this Section shall
26 submit a copy of its proposed budget for the ensuing fiscal year to each chairman of
27 the House Committee on Commerce and the Senate Committee on Commerce,
28 Consumer Protection, and International Affairs, pursuant to R.S. 39:1335.
29 * * *
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1 §53. Transfer of boards, commissions, departments, and agencies to Department of
2 State Civil Service
3 A. The following agencies are hereby placed within the Department of State
4 Civil Service according to the provisions of R.S. 36:801:
5 (1) The state examiner of municipal fire and police civil service and the
6 office of the state examiner of municipal fire and police civil service (Parts II and III
7 of Chapter 5 of Title 33 of the Louisiana Revised Statutes of 1950 and other
8 provisions of the constitution and law applicable to the state examiner and his office)
9 are transferred to and hereafter shall be within the Department of State Civil Service,
10 as provided in R.S. 36:801.
11 C. (2) The Board of Ethics (R.S. 42:1101 et seq.), an agency as defined by
12 R.S. 36:3, is hereby placed in and hereafter shall be within the Department of State
13 Civil Service, as provided in R.S. 36:809. The State Civil Service Commission and
14 the Department of State Civil Service and its director shall in no way interfere with,
15 review, or change the decisions of the Board of Ethics.
16 (3) The Division of Administrative Law (R.S. 49:991 et seq.).
17 B. The following agencies are hereby placed within the Department of State
18 Civil Service according to the provisions of R.S. 36:801.1:
19 (1) The State Police Service (Article X, Sections 41 through 51 of the 1974
20 Constitution of Louisiana).
21 (2) The Board of Tax Appeals. The State Civil Service Commission and the
22 Department of State Civil Service and its director shall in no way interfere with,
23 review, or change the decisions or operations of the Board of Tax Appeals. There
24 shall be a Local Tax Division of the Board of Tax Appeals.
25 C. The Advisory Board on Inservice Training and Education (R.S. 42:1261
26 et seq.), in accordance with the provisions of R.S. 36:901 et seq.
27 F. D. For purposes of this Chapter, references in Chapters 22 and 24 of this
28 Title to the "secretary", the "undersecretary", or an "assistant secretary" shall be
29 construed to mean the State Civil Service Commission, through the director.
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1 * * *
2 §109. Transfer of boards, commissions, departments, and agencies to Department
3 of Economic Development
4 B. The following agencies are transferred to the Department of Economic
5 Development and shall exercise their powers, duties, functions, and responsibilities
6 in the manner provided in R.S. 36:801:
7 F. A. The Board of Commerce and Industry (Article XIV, Section 14(b.2)
8 of the 1921 Louisiana Constitution made statutory by Article XIV, Section 16(A)(10)
9 of the 1974 Louisiana Constitution; R.S. 51:921-946; R.S. 47:3201-3206) is
10 transferred to and hereafter shall be within the Department of Economic
11 Development, as provided in R.S. 36:908 in accordance with the provisions of R.S.
12 36:901, except that the Board of Commerce and Industry shall continue to exercise
13 those powers, duties, and functions with respect to the granting of tax exemptions for
14 new manufacturing establishments or extensions thereof which it is authorized by the
15 constitution or by law to exercise.
16 B. The following agencies are placed within the Department of Economic
17 Development and shall perform and exercise their powers, duties, functions, and
18 responsibilities as provided by law:
19 (1) The office of entertainment industry development (R.S. 51:938.1).
20 (2) The office of international commerce and the Louisiana Board of
21 International Commerce (R.S. 51:3131 et seq.).
22 (3) The Louisiana Military Advisory Council (R.S. 29:61 et seq.).
23 G. C. The following agencies Department of Commerce and Industry (R.S.
24 51:921-938), as defined by R.S. 36:3, are is hereby abolished and their its powers,
25 duties, functions, and responsibilities are transferred to the secretary of the
26 Department of Economic Development and hereafter shall be exercised and
27 performed as provided in Part IV of Chapter 22 of this Title: R.S. 36:921 et seq.
28 (1) Department of Commerce and Industry (R.S. 51:921-51:938)
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1 J. The office of entertainment industry development (R.S. 51:938.1) is
2 placed within the Department of Economic Development and shall exercise and
3 perform its functions, duties, and responsibilities as provided by law.
4 N. D. The Louisiana Economic Development Corporation and its board of
5 directors (R.S. 51:2311 et seq.) are placed within the Department of Economic
6 Development and shall exercise and perform their duties, powers, functions, and
7 responsibilities in the manner provided for agencies transferred in accordance with
8 R.S. 36:801.
9 V. The office of international commerce and the Louisiana Board of
10 International Commerce (R.S. 51:3131 et seq.) are placed within the Department of
11 Economic Development and shall exercise and perform their functions, duties, and
12 responsibilities as provided by law.
13 W. The Louisiana Military Advisory Council (R.S. 29:61 et seq.) is placed
14 within the Department of Economic Development and shall perform and exercise
15 their powers, duties, functions, and responsibilities as provided by law.
16 * * *
17 §209. Transfer of boards, commissions, departments, and agencies to Department
18 of Culture, Recreation and Tourism
19 B.(1) The following agencies, as defined by R.S. 36:3, are transferred to and
20 hereafter shall be within the Department of Culture, Recreation and Tourism, as
21 provided in Part II of Chapter 22 of this Title:
22 (a) The Wedell-Williams Memorial Aviation Museum (R.S. 25:871 et seq.)
23 (b) Confederate Memorial Hall (1921 Louisiana Constitution, Art. 18,
24 Section 4, made statutory by 1974 Louisiana Constitution, Art. 14, Section 16)
25 (c) Wildlife and Fisheries Museum in New Orleans
26 (2) The Louisiana Cypress Sawmill Museum (R.S. 25:831 et seq.) is placed
27 within the Department of Culture, Recreation and Tourism and shall exercise and
28 perform its functions, duties, and responsibilities as provided in Part II of Chapter
29 22 of this Title.
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1 (3) The Louisiana Civil Rights Museum (R.S. 25:841 et seq.) is placed
2 within the Department of Culture, Recreation and Tourism and shall exercise and
3 perform its functions, duties, and responsibilities as provided in Part II of Chapter
4 22 of this Title.
5 C. A. The following agencies, as defined in R.S. 36:3, are transferred to and
6 hereafter shall be within the Department of Culture, Recreation and Tourism, as
7 provided in Part III of Chapter 22 of this Title in accordance with the provisions of
8 R.S. 36:901 et seq. except as otherwise provided by this Subsection:
9 (1) Louisiana Archaeological Survey and Antiquities Commission (R.S.
10 41:1601 et seq.).
11 (2) State Parks and Recreation Commission (R.S. 56:1681 et seq.).
12 D. The State Board of Library Examiners (R.S. 25:222-25:223) is hereby
13 transferred to and hereafter shall be within the Department of Culture, Recreation
14 and Tourism, as provided in R.S. 36:803.
15 E. (3) The Board of Directors of the Louisiana State Museum, previously the
16 Board of Managers of the Louisiana State Museum (R.S. 25:341 et seq.) is
17 transferred to and hereafter shall be within the Department of Culture, Recreation
18 and Tourism as provided in R.S. 36:909. The board shall continue to exercise those
19 powers, duties, and functions with respect to accessions, deaccessions, loans, and
20 conservation of the buildings, collections, and exhibitions of the Louisiana State
21 Museum which it is authorized by law to exercise, all in accordance with
22 professional museum practices as established by the American Association of
23 Museums, except as otherwise provided by law; and the members of the board shall
24 continue to serve as trustees for the William Irby Trust.
25 F. (4) The Board of Commissioners of the State Library of Louisiana (R.S.
26 25:2 et seq.) is transferred to and hereafter shall be within the Department of Culture,
27 Recreation and Tourism, as provided in R.S. 36:910. The board shall continue to
28 select the state librarian in accordance with law.
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1 G. (5) The Louisiana State Arts Council (R.S. 25:891 et seq.) is transferred
2 to and hereafter shall be within the Department of Culture, Recreation and Tourism,
3 as provided in R.S. 36:911. The council shall have authority to approve or
4 disapprove the awarding of grants pursuant to applications submitted to the
5 department for funding from funds made available from the National Endowment for
6 the Arts and such other funds as are made available to the council. The council shall
7 further have the authority necessary to administer the juried Louisiana native crafts
8 program, including the authority to appoint a crafts panel and to approve the use, and
9 disallow the continued use, of the logo assuring the quality of a Louisiana
10 craftsperson's craft, as further provided in R.S. 25:897 through 900.
11 (6) The Louisiana National Register Review Committee (R.S. 25:901 et
12 seq.).
13 (7) The Louisiana Folklife Commission (R.S. 25:821 et seq.).
14 (8) The Louisiana Tourism Development Commission (R.S. 51:1251 et seq.
15 and R.S. 48:271). The commission shall continue to exercise those powers, duties,
16 and functions with respect to financial assistance to eligible tourist promotion
17 agencies; it shall nominate applicants for the position of assistant secretary of the
18 office of tourism for the governor's consideration for appointment; it shall review
19 and advise on the selection of promotions and advertising contracts; and it shall
20 make recommendations to and approve the annual plan for tourism marketing, all as
21 provided by law.
22 (9) The Louisiana Civil Rights Museum Advisory Board (R.S. 25:841 et
23 seq.). The board shall exercise and perform its powers, duties, functions, and
24 responsibilities in accordance with accepted standards of museum operations and
25 practices as established by the American Association of Museums.
26 H. B. The following agencies, as defined by R.S. 36:3, are hereby abolished
27 and their powers, duties, functions, and responsibilities are transferred to the
28 secretary of the Department of Culture, Recreation and Tourism and hereafter shall
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1 be exercised and performed as provided in Part IV of Chapter 22 of this Title R.S.
2 36:921 et seq.:
3 (1) State Art, Historical and Cultural Preservation Agency (R.S. 25:801 et
4 seq.).
5 (4) State Library of Louisiana (R.S. 25:1, 5-7, and 10-16)
6 (5) (2) Toledo Bend Forest Scenic Drive Commission (R.S. 48:1401 et seq.).
7 (6) (3) Louisiana Art Commission (R.S. 25:301 et seq.).
8 (10) (4) Louisiana Historical Preservation and Cultural Commission (R.S.
9 25:521 et seq.).
10 (13) (5) Orleans Parish Landmarks Commission (R.S. 25:381-382).
11 J. The Louisiana National Register Review Committee (R.S. 25:901 et seq.)
12 is placed within the Department of Culture, Recreation and Tourism and shall
13 exercise and perform its powers, duties, functions, and responsibilities in the manner
14 provided for agencies transferred in accordance with the provisions of Part III of
15 Chapter 22 of this Title.
16 K. C. The following agencies are hereby placed within the Department of
17 Culture, Recreation, and Tourism and shall exercise and perform their powers,
18 duties, functions, and responsibilities in accordance with the provisions of R.S.
19 36:801.1:
20 (1) The Louisiana Naval War Memorial Commission (R.S. 25:1000 et seq.).
21 is placed within the Department of Culture, Recreation and Tourism and shall
22 exercise and perform its powers, duties, functions, and responsibilities in the manner
23 provided for agencies transferred in accordance with the provisions of R.S. 36:801.1.
24 L. The Louisiana Folklife Commission (R.S. 25:821 et seq.) is placed within
25 the Department of Culture, Recreation and Tourism and shall perform and exercise
26 its powers, duties, functions, and responsibilities in the manner provided for agencies
27 transferred in accordance with the provisions of Part III of Chapter 22 of this Title.
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1 M.(1) The Atchafalaya Trace Commission, as more specifically provided in
2 R.S. 25:1221 et seq., shall be placed within the Department of Culture, Recreation
3 and Tourism as provided for agencies transferred in accordance with R.S. 36:802.3.
4 N. (2) The Kenner Naval Museum Commission (R.S. 25:1005 et seq.) is
5 placed within the Department of Culture, Recreation and Tourism and shall exercise
6 and perform its powers, duties, functions, and responsibilities in the manner provided
7 for agencies transferred in accordance with the provisions of R.S. 36:801.1.
8 O. (3) The New Orleans City Park Improvement Association and its board
9 of commissioners (Act No. 130 of 1896; Act No. 104 of 1934; Act No. 492 of 1958;
10 Act No. 405 of 1962; Act No. 865 of 1982; Act No. 569 of 1989; Act No. 13 of 1998
11 First Extraordinary Session; Act No. 395 of 2006) is transferred to the Department
12 of Culture, Recreation and Tourism and shall exercise and perform its powers,
13 duties, functions, and responsibilities as provided for agencies transferred in
14 accordance with the provisions of R.S. 36:801.1.
15 P. The Louisiana Tourism Development Commission (R.S. 51:1251 et seq.
16 and R.S. 48:271) is hereby transferred to and shall hereafter be within the
17 Department of Culture, Recreation and Tourism, as provided in R.S. 36:912.
18 R. (4) The Council for the Development of French in Louisiana (R.S. 25:651
19 et seq.) is placed within the Department of Culture, Recreation and Tourism and
20 shall exercise and perform its powers, duties, functions, and responsibilities in the
21 manner provided for agencies transferred in accordance with the provisions of R.S.
22 36:801.1.
23 V. The Edward Douglass White Historic Site (R.S. 25:380.10 et seq.) is
24 placed within the office of the state museum of the Department of Culture,
25 Recreation and Tourism as provided in R.S. 36:801.8 and R.S. 25:380.10 et seq.
26 X. D. The Louisiana Byways Commission (R.S. 56:1948.11 et seq.) is placed
27 within the Department of Culture, Recreation and Tourism and shall exercise and
28 perform its powers, duties, functions, and responsibilities as provided for agencies
29 transferred in accordance with R.S. 36:802.19 R.S. 36:802, except that the
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1 commission may appoint the Louisiana Byways Program coordinator and one
2 additional employee as provided in R.S. 56:1948.12(D).
3 Y. E. The Louisiana Seafood Promotion and Marketing Board (R.S. 56:578.1
4 et seq.) is placed within the Department of Culture, Recreation and Tourism and
5 shall perform its duties, powers, functions, and responsibilities as provided for
6 agencies transferred in accordance with R.S. 36:802.
7 Z. The Louisiana Civil Rights Museum Advisory Board (R.S. 25:841 et seq.)
8 is placed within the office of the state museum of the Department of Culture,
9 Recreation and Tourism as provided in R.S. 36:919.9 and R.S. 25:841 et seq.
10 F. The State Board of Library Examiners (R.S. 25:222-25:223) is hereby
11 transferred to and hereafter shall be within the Department of Culture, Recreation
12 and Tourism, as provided in R.S. 36:803.
13 G. The Atchafalaya Trace Commission, as more specifically provided in
14 R.S. 25:1221 et seq., shall be placed within the Department of Culture, Recreation
15 and Tourism as provided for agencies transferred in accordance with R.S. 36:802,
16 except that the commission shall continue to appoint its own director and assistant
17 director or personnel to fill comparable positions as authorized by law.
18 * * *
19 §259. Transfer of agencies and functions to Louisiana Department of Health
20 * * *
21 B. The following agencies, as defined in R.S. 36:3, are placed within the Louisiana
22 Department of Health and shall perform and exercise their powers, duties,
23 functions, and responsibilities as otherwise provided by law:
24 * * *
25 (15) Governor's Council on Physical Fitness and Sports (R.S. 40:2451 et
26 seq.).
27 (16) Commission on Perinatal Care and Prevention of Infant Mortality (R.S.
28 40:2018).
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1 (17) Water Supply and Sewerage Systems Certification Committee (R.S.
2 40:1281.1 et seq.).
3 (18) Louisiana Commission for the Deaf (R.S. 46:2351 et seq.).
4 (19) Louisiana Medical Disclosure Panel (R.S. 40:1157.2).
5 (20) (15) Respiratory Care Advisory Committee (R.S. 37:3356 et seq.).
6 (21) (16) Louisiana Advisory Committee on Populations and Geographic
7 Regions With Excessive Cancer Rates (R.S. 40:1105.12).
8 (22) (17) Medical Education Commission (R.S. 17:1519.12).
9 (23) (18) Louisiana Access to Better Care Medicaid Insurance
10 Demonstration Project Oversight Board (R.S. 46:160.1 et seq.).
11 (24)(a) Louisiana Emergency Response Network Board (R.S. 40:2841 et
12 seq.).
13 (b) The Louisiana Emergency Response Network Board shall be a separate
14 budget unit within the Louisiana Department of Health.
15 (25) (19)(a) Louisiana Developmental Disabilities Council (R.S. 28:750 et
16 seq.). The council shall have full appointing authority for all personnel purposes.
17 (b) The regional and state advisory councils for the Community and Family
18 Support System (R.S. 28:824(J)).
19 (26) Anatomical Board (R.S. 17:2271 et seq.).
20 (27) Board of Commissioners of the South Louisiana Health Services
21 District (R.S. 28:241 et seq.).
22 (28) Nursing Home Advisory Committee (R.S. 40:2009.1).
23 (29) Hospital Licensing Council (R.S. 40:2108).
24 (30) Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board
25 (R.S. 46:2631 et seq.).
26 (31) Clinical Laboratory Personnel Committee (R.S. 37:1311 et seq.).
27 (32) (20) Louisiana Emergency Medical Services Certification Commission
28 (R.S. 40:1131 et seq.).
29 (33) Louisiana Narcotics Rehabilitation Commission (R.S. 40:1051 et seq.).
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1 (34) (21) The Louisiana Commission on HIV, AIDS, and Hepatitis C
2 Education, Prevention, and Treatment (R.S. 40:2018.1).
3 (35) Louisiana State Board of Health and the Louisiana Department of
4 Health and all its subsidiary boards (Such provisions of Title 40 of the Louisiana
5 Revised Statutes of 1950 as are applicable to the abolished board and department).
6 (36) (22) The Palliative Care Interdisciplinary Advisory Council (R.S.
7 40:2018.6).
8 C. The following agencies, as defined by R.S. 36:3, are transferred to and
9 hereafter shall be within the Louisiana Department of Health, as provided in Part II
10 of Chapter 22 of this Title R.S. 36:851 et seq.:
11 * * *
12 D. The following agencies, as defined in R.S. 36:3, are placed within the
13 Louisiana Department of Health and shall exercise and perform their powers, duties,
14 functions, and responsibilities in the manner provided for agencies transferred in
15 accordance with the provisions of R.S. 36:802:
16 (1) Commission on Perinatal Care and Prevention of Infant Mortality (R.S.
17 40:2018).
18 (2) Governor's Council on Physical Fitness and Sports (R.S. 40:2451 et seq.).
19 (1) (3) The Healthy Moms, Healthy Babies Advisory Council (R.S.
20 40:2018.5)
21 (4) Louisiana Commission for the Deaf (R.S. 46:2351 et seq.).
22 (5) Louisiana Medical Disclosure Panel (R.S. 40:1157.2).
23 (6) Water Supply and Sewerage Systems Certification Committee (R.S.
24 40:1281.1 et seq.).
25 E. The Louisiana Emergency Response Network Board (R.S. 40:2841 et
26 seq.) is placed within the Louisiana Department of Health and shall perform and
27 exercise its powers, duties, functions, and responsibilities as provided by R.S.
28 36:801.1. The Louisiana Emergency Response Network Board shall be a separate
29 budget unit within the Louisiana Department of Health.
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1 F. The following agencies are hereby placed within the Louisiana
2 Department of Health and shall exercise and perform their powers, duties, functions,
3 and responsibilities in the manner provided for agencies transferred in accordance
4 with the provisions of R.S. 36:901 et seq.:
5 (1) The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board
6 (R.S. 46:2631 et seq.).
7 (2) Clinical Laboratory Personnel Committee (R.S. 37:1311 et seq.), except
8 that the committee may conduct examinations and may appoint and employ such
9 personnel as required or authorized, as provided by R.S. 37:1315.
10 G. The following agencies, previously abolished by the Executive
11 Reorganization Act, and their powers, duties, functions, and responsibilities are
12 transferred to the secretary of the Louisiana Department of Health and shall be
13 exercised and performed as provided in R.S. 36:921 et seq.:
14 (1) Louisiana State Board of Health and the Louisiana Department of Health
15 and all its subsidiary boards. (Such provisions of Title 40 of the Louisiana Revised
16 Statutes of 1950 as are applicable to the abolished board and department).
17 (2) Louisiana Narcotics Rehabilitation Commission (R.S. 40:1051 et seq.).
18 (3) Anatomical Board (R.S. 17:2271 et seq.).
19 (4) Board of Commissioners of the South Louisiana Health Services District
20 (R.S. 28:241 et seq.).
21 (5) Nursing Home Advisory Committee (R.S. 40:2009.1).
22 (6) Hospital Licensing Council (R.S. 40:2108).
23 * * *
24 §478. Transfer of agencies and functions to Department of Children and Family
25 Services
26 H. A. The following agencies, as defined in R.S. 36:3, previously abolished
27 by the Executive Reorganization Act and their powers, duties, functions, and
28 responsibilities are transferred to the secretary of the Department of Children and
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1 Family Services and shall be exercised and performed as provided in Part IV of
2 Chapter 22 of this Title R.S. 36:921 et seq.:
3 (1) Louisiana Health and Human Resources Administration (R.S. 46:1751-
4 46:1767, and generally Chapters 1 and 11 of Title 40 and all of Title 46 of the
5 Louisiana Revised Statutes of 1950, except R.S. 46:1601-1608) to the extent that the
6 cited provisions provide with respect to agencies or functions placed in or transferred
7 to the Department of Children and Family Services.
8 (2) State Youth Planning Advisory Commission (Act 430 of the 1975
9 Regular Session).
10 (3) State Department of Public Welfare (Such provisions of Title 46 of the
11 Louisiana Revised Statutes of 1950 as apply to the abolished department).
12 (4) State Board of Public Welfare (Such provisions of Title 46 of the
13 Louisiana Revised Statutes of 1950 as apply to the abolished board).
14 M. B. The Louisiana Advisory Council on Child Care and Early Education
15 is placed within the Department of Children and Family Services and shall exercise
16 and perform its powers, duties, functions, and responsibilities as provided in R.S.
17 46:1401 et seq., particularly R.S. 46:1414.
18 * * *
19 §651. Transfer of boards, commissions, departments, and agencies to Department
20 of Education; boards, commissions, and agencies within Department of
21 Education
22 B. A. For purposes of this Chapter, references in Chapters 22 and 24 of this
23 Title to the "secretary" shall refer to the state superintendent of education, references
24 to the "undersecretary" shall refer to the deputy superintendent for the office of
25 management and finance, references to an "assistant secretary" shall refer to a deputy
26 superintendent.
27 C. B. The following agencies are hereby transferred to the Department of
28 Education and shall exercise and perform their powers, duties, functions, and
29 responsibilities as provided in R.S. 36:801:
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1 (1) The Louisiana Educational Television Authority (R.S. 17:2501 et seq.)
2 is transferred to and hereafter shall be within the Department of Education as
3 provided in R.S. 36:801.
4 (2) The office of instructional technology (R.S. 17:3921 et seq.).
5 D. C. The following agencies, as defined by R.S. 36:3, are transferred to and
6 hereafter shall be within the Department of Education as provided in R.S. 36:801.1:
7 (1) The Board of Supervisors for the University of Louisiana System (Article
8 VIII, Section 6 of the 1974 Louisiana Constitution; R.S. 17:1831 et seq. and 3201 et
9 seq. and other provisions of Title 17 of the Louisiana Revised Statutes of 1950 that
10 apply to the board).
11 (2) Board of Regents (Article VIII, Section 5 of the 1974 Constitution; R.S.
12 17:3121 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes
13 that apply to the board).
14 (3) Board of Supervisors of Louisiana State University and Agricultural and
15 Mechanical College (Article VIII, Section 7 of the 1974 Constitution; R.S. 17:1453
16 et seq. and 3201 et seq. and other provisions of the Louisiana Revised Statutes that
17 apply to the board).
18 (4) Board of Supervisors of Southern University and Agricultural and
19 Mechanical College (Article VIII, Section 7 of the 1974 Constitution; R.S. 17:1851
20 et seq. and 3201 et seq. and other provisions of Title 17 of the Louisiana Revised
21 Statutes of 1950 that apply to the board).
22 (5) The Board of Supervisors of Community and Technical Colleges (Article
23 VIII, Section 7.1 of the 1974 Louisiana Constitution; R.S. 17:1871 et seq. and 3201
24 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes of 1950 that
25 apply to the board).
26 (8) (6) The board of directors for the New Orleans Center for Creative Arts
27 and its board of directors (R.S. 17:1970.21 et seq.).
28 (9) (7) The board of directors of Thrive Academy (R.S. 17:1971 et seq.).
29 (10) (8) The Health Education Authority of Louisiana (R.S. 17:3051 et seq.).
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1 (9) The board of directors for the Jimmy D. Long, Sr. Louisiana School for
2 Math, Science, and the Arts (R.S. 17:1961 et seq.).
3 (10) The Quality Science and Mathematics Council (R.S. 17:371 et seq.).
4 (11) The Governor's Program for Gifted Children (R.S. 17:1989.1 et seq.).
5 E. D. The State Board of Elementary and Secondary Education (Article VIII,
6 Section 3 of 1974 Louisiana Constitution; R.S. 17:1 et seq. and other provisions of
7 Title 17 of the Louisiana Revised Statutes of 1950 that apply to the board) is hereby
8 transferred to and hereafter shall be within the Department of Education as provided
9 in R.S. 36:801.2 R.S. 36:801, except that the board shall be authorized to employ,
10 appoint, remove, assign, and promote such personnel as are necessary for the board
11 to perform its functions as provided by law and by the constitution and the
12 superintendent shall administer and implement all programs provided or authorized
13 for the board, except as otherwise provided by law or by the constitution, in
14 accordance with the policies, rules, and regulations established by the board in
15 accordance with the provisions of the constitution and applicable laws.
16 F. E. The following agencies are placed within the Department of Education
17 and shall exercise and perform their powers, duties, functions, and responsibilities
18 in accordance with the provisions of R.S. 36:802:
19 (1) The Recovery School District (R.S. 17:1990) is placed within the
20 Department of Education and shall exercise and perform its powers, duties,
21 functions, and responsibilities in accordance with the provisions of R.S. 36:802.
22 (2) The Louisiana Environmental Education Commission (R.S. 30:2503).
23 G. F. The following agencies, as defined by R.S. 36:3, are transferred to and
24 hereafter shall be within the Department of Education as provided in Part III of
25 Chapter 22 of this Title R.S. 36:901 et seq.:
26 (2) (1) The College and Career Readiness Commission (R.S. 17:3951).
27 (4) (2) The Agricultural Education Commission (R.S. 17:185.4).
28 (5) (3) The ABLE Account Advisory Council (R.S. 17:3089).
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1 (4) The Task Force on Student Proficiency (R.S. 17:24.4(I)).
2 H. G. The State Department of Education (R.S. 17:24 as provided in Acts
3 1975, No. 274) is hereby abolished and its powers, duties, functions, and
4 responsibilities are transferred to the superintendent of education of the Department
5 of Education and hereafter shall be exercised and performed as provided in Part IV
6 of Chapter 22 of this Title R.S. 36:921 et seq.
7 I. H. The public colleges and universities, the vocational-technical schools
8 of the state and all special schools under the jurisdiction of any agency transferred
9 to the department are hereby transferred into the Department of Education and shall
10 be governed as provided by the constitution and laws of this state.
11 J. I. The advisory councils to postsecondary vocational-technical schools
12 (R.S. 17:1998) are transferred to and hereafter shall be within the Department of
13 Education but shall retain their function of advising the Board of Supervisors of
14 Community and Technical Colleges.
15 L. J. The Advisory Commission on Proprietary Schools (R.S. 17:3140.1 et
16 seq.) is placed within the Department of Education and shall exercise and perform
17 its powers, duties, functions, and responsibilities in the manner provided in R.S.
18 36:801.5. The commission shall exercise all powers, duties, functions, and
19 responsibilities provided or authorized for the commission by the constitution and
20 laws, and particularly the provisions of R.S. 17:3140.1 through 3140.17, and shall
21 exercise all such powers, duties, functions, and responsibilities in the manner and to
22 the extent so provided or authorized. The agency shall be under the jurisdiction of
23 the Board of Regents, and the Board of Regents shall have such powers, duties,
24 functions, and responsibilities relative to the agency as otherwise provided by law.
25 All personnel employed or assigned to administer and implement the powers, duties,
26 functions, and responsibilities of the agency shall be employees of the Board of
27 Regents. Except as otherwise provided by law, the Board of Regents shall perform
28 and administer all functions of the agency which are in the nature of accounting and
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1 budget control, procurement and contract management, management and program
2 analysis, data processing, personnel management, and grants management.
3 O. The Louisiana Hall of Fame for the Arts election board (R.S. 17:1815)
4 is placed within the Department of Education and shall exercise and perform its
5 powers, duties, functions, and responsibilities as provided by law.
6 P. The Task Force on Student Proficiency (R.S. 17:24.4(I)) is placed within
7 the Department of Education and shall exercise and perform its powers, duties,
8 functions, and responsibilities in the manner provided for agencies transferred under
9 the provisions of Part III of Chapter 22 of this Title.
10 Q. The Jimmy D. Long, Sr. Louisiana School for Math, Science, and the Arts
11 and its board of directors (R.S. 17:1961 et seq.) is placed within the Department of
12 Education and shall exercise and perform its powers, duties, functions, and
13 responsibilities in the manner provided for agencies transferred in accordance with
14 the provisions of R.S. 36:801.1.
15 S. The Louisiana Fire and Emergency Training Commission (R.S. 40:1541)
16 shall be within the Department of Education as provided in R.S. 40:1541.
17 T. K. The following agencies are placed within the Department of Education
18 and shall perform and exercise their powers, duties, functions, and responsibilities
19 as provided by law:
20 (1) Statewide Articulation and Transfer Council (R.S. 17:3162).
21 (2) Process Technology Advisory Board (R.S. 17:3398.2).
22 (3) Louisiana Tuition Trust Authority (R.S. 17:3091 17:3093 et seq.).
23 (4) Governing board of the Louisiana Cancer Research Center of LSU
24 Health Sciences Center in New Orleans/Tulane Health Sciences Center (R.S.
25 17:1922 et seq.).
26 (5) Louisiana State University Health Sciences Center Health Maintenance
27 Organization (R.S. 22:2181 et seq.).
28 (6) The Louisiana Science, Technology, Engineering, and Mathematics
29 Advisory Council (R.S. 17:4071).
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1 (7) The Advisory Council on Historically Black Colleges and Universities
2 (R.S. 17:3138.7).
3 (8) The Louisiana Hall of Fame for the Arts election board (R.S. 17:1815).
4 (9) The Louisiana Fire and Emergency Training Commission (R.S. 40:1541).
5 U. The office of instructional technology (R.S. 17:3921 et seq.) is placed
6 within the Department of Education and shall exercise and perform its powers,
7 duties, functions, and responsibilities in accordance with the provisions of R.S.
8 36:801.
9 Y. The Quality Science and Mathematics Council (R.S. 17:371 et seq.) is
10 placed within the Department of Education and shall exercise and perform its
11 powers, duties, functions, and responsibilities in the manner provided for agencies
12 transferred under the provisions of R.S. 36:801.1.
13 Z. The Governor's Program for Gifted Children (R.S. 17:1989.1 et seq.) is
14 placed within the Department of Education and shall exercise and perform its
15 powers, duties, functions, and responsibilities in the manner provided for agencies
16 transferred in accordance with the provisions of R.S. 36:801.1.
17 AA. L.(1) The following agencies placed within the Department of
18 Education by the provisions of this Subsection shall exercise all powers, duties,
19 functions, and responsibilities provided or authorized for such agencies by the
20 constitution and laws and shall exercise all such powers, duties, functions, and
21 responsibilities in the manner and to the extent so provided or authorized:
22 (1) (a) The Louisiana Health Works Commission (R.S. 17:2048.51) is placed
23 within the Department of Education and shall exercise and perform its powers,
24 duties, functions, and responsibilities in the manner provided for agencies transferred
25 in accordance with the provisions of R.S. 36:801.5.
26 (2) (b) The Nursing Supply and Demand Council (R.S. 37:1007) is placed
27 within the Department of Education and shall exercise and perform its powers,
28 duties, functions, and responsibilities in the manner provided for agencies transferred
29 in accordance with the provisions of R.S. 36:801.5.
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1 (3) (c) The Simulation Medical Training and Education Council for
2 Louisiana (R.S. 17:2048.61) is placed within the Department of Education under the
3 Louisiana Health Works Commission and shall exercise and perform its powers,
4 duties, functions, and responsibilities in the manner provided for agencies transferred
5 in accordance with the provisions of R.S. 36:801.5.
6 (2) The agencies transferred by this Subsection shall be under the jurisdiction
7 of the Board of Regents, and the Board of Regents shall have such powers, duties,
8 functions, and responsibilities relative to the agencies as otherwise provided by law.
9 All personnel employed or assigned to administer and implement the powers, duties,
10 functions, and responsibilities of the agencies shall be employees of the Board of
11 Regents. Except as otherwise provided by law, the Board of Regents shall perform
12 and administer all functions of the agencies which are in the nature of accounting and
13 budget control, procurement and contract management, management and program
14 analysis, data processing, personnel management, and grants management.
15 BB. N. The Louisiana Student Financial Assistance Commission (R.S.
16 17:3021 et seq.) is hereby abolished and its powers, duties, functions, and
17 responsibilities are hereby transferred to the Board of Regents. All reference in law
18 to the Louisiana Student Financial Assistance Commission shall refer to the Board
19 of Regents.
20 CC. The Louisiana Environmental Education Commission is placed within
21 the Department of Education and shall exercise and perform its powers, duties,
22 functions, and responsibilities in accordance with the provisions of R.S. 36:802.
23 * * *
24 §744. Transfer of boards, commissions, and agencies to the Department of State
25 B. A. For purposes of this Chapter, references in Chapters 22 and 24 of this
26 Title to the "secretary", the "undersecretary" or an "assistant secretary" shall refer to
27 the secretary of state.
28 C. B. The State Board of Election Supervisors (R.S. 18:23-27) shall be
29 within the Department of State, as provided in R.S. 36:802.
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1 D. C. The following agencies are placed within the Department of State in
2 accordance with the provisions of R.S. 36:901 et seq. except as otherwise provided
3 by this Subsection:
4 (1) The Louisiana Historical Records Advisory Board (R.S. 44:501-503) is
5 hereby transferred to and hereafter shall be within the Department of State as
6 provided in Part III of Chapter 22 of this Title.
7 (2) The Advisory Board of the Old State Capitol (R.S. 25:371 et seq.). The
8 board may solicit and accept gifts and donations for the purposes of the Old State
9 Capitol. Any funds accepted as a gift or donation may be expended by the
10 department as otherwise provided by law.
11 (3) The Eddie G. Robinson Museum Commission (R.S. 25:1241 et seq.).
12 The commission may solicit and accept gifts and donations for the purposes of the
13 museum. Any funds accepted as a gift or donation may be expended by the
14 department as otherwise provided by law.
15 (4) The Advisory Board of the Louisiana State Archives (R.S. 44:427).
16 E. D. The following agencies are abolished and their powers, duties,
17 functions, and responsibilities are hereby transferred to the secretary of state in
18 accordance with the provisions of R.S. 36:921 et seq.:
19 (1) The State Archives and Records Commission and the State Archives and
20 Records Service (R.S. 25:127 and R.S. 44:404 et seq.) are hereby abolished and their
21 powers, duties, functions, and responsibilities are transferred to the secretary of state
22 and hereafter shall be exercised and performed as provided in Part IV of Chapter 22
23 of this Title.
24 (2) The Old State Capitol Memorial Commission (Act 250 of 1948; Act 233
25 of 1954; Act 154 of 1965).
26 F. The Advisory Board of the Old State Capitol (R.S. 25:371 et seq.) is
27 placed within the Department of State and shall perform and exercise its powers,
28 duties, functions, and responsibilities in the manner provided for agencies transferred
29 in accordance with the provisions of R.S. 36:919.1.
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1 G. The Old State Capitol Memorial Commission (Act 250 of 1948; Act 233
2 of 1954; Act 154 of 1965) is hereby abolished and its powers, duties, functions, and
3 responsibilities are transferred to the secretary of state and hereafter shall be
4 exercised and performed as provided in Part IV of Chapter 22 of this Title.
5 H. The Old State Capitol and the Advisory Board of the Old State Capitol
6 are transferred to and placed within the Department of State as provided in R.S.
7 25:371 et seq. and R.S. 36:919.1.
8 I. The Regional Museum Governing Board of the Louisiana State Exhibit
9 Museum (R.S. 25:379 et seq.) is placed within the Department of State and shall
10 perform and exercise its powers, duties, functions, and responsibilities in the manner
11 provided for agencies transferred in accordance with the provisions of R.S. 36:801.6.
12 J. The Louisiana State Exhibit Museum (R.S. 25:379 et seq.) is transferred
13 to and placed within the Department of State as provided in R.S. 36:801.6.
14 L. The Louisiana State Cotton Museum (R.S. 25:380 et seq.) is placed within
15 the Department of State as provided in R.S. 36:801.7.
16 N. The Louisiana State Oil and Gas Museum (R.S. 25:380.21 et seq.) is
17 placed within the Department of State as provided in R.S. 36:801.9.
18 Q. The Eddie G. Robinson Museum Commission (R.S. 25:1241 et seq.) is
19 placed in the Department of State as provided in R.S. 36:919.6.
20 R. E. The office of commissioner of elections is merged and consolidated
21 with the office of secretary of state, and the Department of Elections and Registration
22 is merged and consolidated with the Department of State pursuant to the authority
23 of Article IV, Section 20 of the Constitution of Louisiana. In order to accomplish
24 the merger and consolidation of the office of commissioner of elections with the
25 office of secretary of state, the office of commissioner of elections shall be
26 continued, but the office of commissioner of elections is transferred to the
27 Department of State in the manner provided for agencies transferred pursuant to Part
28 II of Chapter 22 of this Title R.S. 36:851 et seq. and, for purposes of such transfer,
29 the office of commissioner of elections shall be considered a transferred agency as
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1 provided in Part II of Chapter 22 R.S. 36:851 et seq. However, the commissioner of
2 elections shall be an agent for service of process as provided in R.S. 18:44(B)(7).
3 To accomplish the merger and consolidation of the Department of Elections and
4 Registration with the Department of State, the Department of Elections and
5 Registration and its powers, duties, functions, and responsibilities are transferred to
6 the Department of State as provided in Part II of Chapter 22 of this Title R.S. 36:851
7 et seq.
8 F.(1) The following agencies are placed within the Department of State and
9 shall perform and exercise their powers, duties, functions, and responsibilities in
10 accordance with the provisions of this Subsection and as otherwise provided by law:
11 S. (a) The Louisiana Delta Music Museum (R.S. 25:380.51 et seq.) and its
12 governing board are placed within the Department of State as provided in R.S.
13 36:801.12.
14 V. (b) The Tioga Heritage Park and Museum (R.S. 25:380.81 et seq.) and its
15 governing board are placed within the Department of State as provided in R.S.
16 36:801.15.
17 W. (c) The Mansfield Female College Museum (R.S. 25:380.91 et seq.) and
18 its governing board are placed within the Department of State as provided in R.S.
19 36:801.16.
20 AA. (d) The Louisiana Military Hall of Fame and Museum (R.S. 25:380.131
21 et seq.) and its governing board are placed within the Department of State as
22 provided in R.S. 36:801.20.
23 BB. (e) The Germantown Colony Museum (R.S. 25:380.151 et seq.) and its
24 governing board are placed within the Department of State as provided in R.S.
25 36:801.22.
26 (f) The Regional Museum Governing Board of the Louisiana State Exhibit
27 Museum and the Louisiana State Exhibit Museum (R.S. 24:379 et seq.).
28 (g) The governing board of the Louisiana State Cotton Museum and the
29 Louisiana State Cotton Museum (R.S. 25:380 et seq.).
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1 (h) The governing board of the Louisiana State Oil and Gas Museum and the
2 Louisiana State Oil and Gas Museum (R.S. 25:380.21 et seq.).
3 (2)(a) The governing board of any museum transferred pursuant to this
4 Subsection may solicit and accept gifts and donations for the purposes of the
5 museum. Any funds so accepted may be expended by the boards or by the
6 Department of State as otherwise provided by law.
7 (b) The governing boards placed within the Department of State in
8 accordance with the provisions of this Subsection shall exercise all powers, duties,
9 functions, and responsibilities provided or authorized by law which are in the nature
10 of policymaking, rulemaking, regulation, enforcement, or adjudication. The boards
11 shall exercise all advisory powers, duties, and functions provided by law. The
12 boards shall administer and implement all programs provided or authorized by law.
13 The boards, with the approval of the secretary of the department, shall employ,
14 appoint, fix the compensation of, remove, assign, and promote such personnel as is
15 necessary for the efficient administration of their powers, duties, functions, and
16 responsibilities and for the administration of their programs, in accordance with civil
17 service laws, rules, and regulations. The boards shall exercise the powers, duties,
18 functions, and responsibilities and shall administer and implement the programs
19 authorized in this Section independently of the secretary, except as otherwise
20 provided herein. The boards shall be responsible for the performance and
21 administration of their day-to-day operations, except that the secretary of the
22 department shall be responsible for those matters which are in the nature of
23 accounting, payroll, budget control, procurement, data processing, and personnel
24 management, and shall have the authority to transfer or implement any or all of said
25 functions through the secretary and the department.
26 (c) Nothing shall authorize monies, property, or personnel budgeted or
27 assigned to the boards to be transferred to or to be used by the department without
28 prior approval of the respective boards.
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1 (d) The provisions of R.S. 36:810 and 811 shall be applicable to the
2 museums and their governing boards placed within the Department of State by this
3 Section.
4 (e) No records, books, or papers stored in the museum vault or on museum
5 premises shall be removed or transferred from the museum without approval of the
6 governing board.
7 DD. The Advisory Board of the Louisiana State Archives (R.S. 44:427) is
8 placed within the Department of State and shall perform and exercise its powers,
9 duties, functions, and responsibilities in the manner provided for agencies transferred
10 in accordance with R.S. 36:901 et seq.
11 * * *
12 §801. Transfer; retention of functions
13 The agencies transferred in accordance with the provisions of this Section by
14 the provisions of R.S. 36:53(A), 109(U), 409(B), 478(K), 509(K), 610(K), and
15 651(C) shall continue to be composed and selected as provided by law; each agency
16 shall continue to exercise all powers, duties, functions, and responsibilities provided
17 or authorized for each by the constitution or laws which are in the nature of
18 policymaking, rulemaking, licensing, regulation, enforcement, or adjudication and
19 also shall continue to exercise all advisory powers, duties, and functions provided by
20 law; each agency shall continue to administer and implement all programs provided
21 or authorized for each by law which relate to rulemaking, licensing, regulation,
22 enforcement, and adjudication; each agency shall continue to be governed by the
23 Administrative Procedure Act, in its entirety, including provisions relative to
24 adjudication proceedings, unless otherwise specifically provided by law; the
25 executive head of each such agency shall employ, appoint, remove, assign, and
26 promote such personnel as is necessary for the efficient administration of such
27 powers, duties, functions, and responsibilities and for the administration and
28 implementation of such programs, in accordance with applicable civil service laws,
29 rules, and regulations, and with policies and rules of the department to which the
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1 agency is transferred, and subject to budgetary control and applicable laws; except
2 as specifically provided in Paragraphs (1), (2), and (3) of this Section. The agencies
3 transferred as provided in this Section shall exercise the powers, duties, functions,
4 and responsibilities and shall administer and implement the programs authorized in
5 this Section independently of the secretary, the undersecretary, and any assistant
6 secretary, except that:
7 * * *
8 §801.1. Transfer; retention of all functions
9 A. The agencies transferred in accordance with the provisions of this Section
10 by the provisions of R.S. 36:4(B)(1)(dd) and (18) and (D), 4.1(C) and (G), 53(H) and
11 (J), 209(R), 259(B)(24), 409(N), 509(O), 651(D), and 725(A) shall continue to be
12 comprised and selected as provided by law.
13 * * *
14 §802. Transfer; retention of policymaking and rulemaking functions
15 The agencies transferred in accordance with the provisions of this Section by
16 the provisions of R.S. 36:209(Q) and (Y), 259(B)(19), 309(B), 409(C), 459(B),
17 610(B), 629(I), 651(CC), and 769(C) shall continue to be composed and selected as
18 provided by law, and each shall continue to exercise all of the powers, duties,
19 functions, and responsibilities provided or authorized for each by the constitution or
20 laws which are in the nature of policymaking, rulemaking, licensing, regulation,
21 enforcement, or adjudication and also shall continue to exercise all advisory powers,
22 duties, functions, and responsibilities provided by law. Such powers, duties,
23 functions, and responsibilities shall be exercised independently of the secretary and
24 any assistant secretary, except that:
25 * * *
26 §802.3. Transfer; certain appointing authority retained
27 The agencies transferred by the provisions of R.S. 36:209(M) and 629(C) in
28 accordance with the provisions of this Section shall be transferred as provided in
29 R.S. 36:802, except that each of the agencies so transferred shall continue to appoint
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1 its own director and assistant director or personnel to fill comparable positions as
2 authorized by law.
3 * * *
4 §803. Transfer; licensing agencies
5 A.(1) Each of the agencies transferred in accordance with the provisions of
6 this Section by the provisions of R.S. 36:4.1(D), 209(D), 259(A), 309(D), 409(D),
7 and 509(C), all of which are charged by law with the responsibility for the
8 regulation, examination, certification, and licensing of persons in this state, and the
9 enforcement of the laws relating thereto, shall continue to be composed and selected
10 as provided by law, and each shall continue to exercise all of the powers, duties,
11 functions, and responsibilities provided or authorized for each by the constitution or
12 laws which are in the nature of policymaking, rulemaking, certification, licensing,
13 regulation, enforcement, or adjudication and also shall continue to exercise all
14 advisory powers, duties, functions, and responsibilities provided by law.
15 * * *
16 §851. Transfer; merger and consolidation of functions
17 A. The powers, duties, functions, responsibilities, programs, and operations
18 as vested by the constitution and laws of this state, of each of the agencies transferred
19 in accordance with the provisions of this Section by the provisions of R.S.
20 36:209(B), 259(C), 409(O), and 610(D) upon and after the date of each such transfer
21 shall be exercised by and be under the administration and control of the secretary of
22 the department to which each is transferred, except for those functions of each which
23 are required to be performed and administered by the undersecretary of each
24 department, as heretofore provided for each by this Title.
25 * * *
26 §901. Transfer; merger and consolidation of functions; advisory agency
27 A. The functions, powers, duties, responsibilities, programs, and operations
28 of each of the agencies transferred in accordance with the provisions of this Section
29 by the provisions of R.S. 36:209(C), 259(T), 309(C), 409(E), 651(G), and 744(D) on
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1 the date of each such transfer shall vest in and thereafter be the responsibility of the
2 secretary of the department to which the transfer is made and shall be administered
3 by the secretary in accordance with the powers vested in him by this Title and the
4 applicable laws pertaining to each agency, except for those functions of each which
5 are required to be performed and administered by the undersecretary of the
6 department as heretofore provided for each by this Title. Each agency thus
7 transferred shall continue in existence, the members thereof shall continue in office
8 and hereafter shall be selected in the manner provided by law for each, and each
9 agency hereafter shall serve solely in an advisory capacity to the secretary with
10 respect to policies concerning matters within the purview of each as originally
11 created.
12 * * *
13 §921. Transfer, merger and consolidation of functions
14 A. The powers, duties, functions, responsibilities, programs, and operations
15 as vested by the constitution and laws of the state of each of the agencies abolished
16 in accordance with the provisions of this Section by the provisions of R.S. 36:4.1(E),
17 109(G), 209(H), 259(F), 409(F), 459(C), 509(F), 610(C), 651(H) and (K), 744(E),
18 and 769(E) upon and after the date of each such abolition shall be exercised and
19 performed by and be under the administration and control of the secretary of the
20 department to which such powers, duties, functions, and responsibilities are
21 transferred. The secretary shall assign those functions of each which are required to
22 be performed and administered by the undersecretary of each department, as
23 heretofore provided for each department by this Title, to the undersecretary.
24 * * *
25 Section 6. R.S. 42:808(A)(6) is hereby amended and reenacted to read as follows:
26 §808. Eligibility in group programs
27 A. For the purposes of participating in life, health, or other programs
28 sponsored by the Office of Group Benefits, an employee is defined as:
29 * * *
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1 (6) Notwithstanding any provision of this Chapter to the contrary, any
2 employee of the New Orleans City Park Improvement Association, which is within
3 the Department of Culture, Recreation and Tourism pursuant to the provisions of
4 R.S. 36:209(O) R.S. 36:209(C), who is a participant in a program or programs
5 administered by the Office of Group Benefits and who is transferred to a non-profit
6 corporation recognized as a 501(c)(3) entity under the Internal Revenue Code of
7 1954, as amended, which transfer is made pursuant to a cooperative endeavor
8 agreement which provides for the non-profit corporation to provide certain
9 maintenance, administration, and operating functions on behalf of the New Orleans
10 City Park Improvement Association.
11 * * *
12 Section 7. R.S. 46:2403(E) is hereby amended and reenacted to read as follows:
13 §2403. Creation of the Children's Trust Fund
14 * * *
15 E. The Children's Cabinet shall determine the eligibility of programs to
16 receive funding based upon a nonbiased system of scoring by volunteer grant
17 reviewers and recommendations by the Children's Trust Fund Board, and the
18 administration of the fund shall be exercised by the office in accordance with the
19 directives of the cabinet and the provisions of R.S. 36:4(B)(8) R.S. 36:4(B)(17) and
20 R.S. 46:2407.
21 Section 8. R.S. 51:1253(3) is hereby amended and reenacted to read as follows:
22 §1253. Definition of terms
23 For the purposes of this Subpart, the terms used herein shall have the
24 following meanings unless the context clearly indicates otherwise:
25 * * *
26 (3) "Commission" means the Louisiana Tourism Development Commission
27 created by R.S. 51:1256 and transferred into the department by R.S. 36:209(P) R.S.
28 36:209(A).
29 * * *
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HB NO. 612
1 Section 9. R.S. 36:4(E) through (BB), 4.1(F) and (G), 53(F) through (J) 259(B)(23)
2through (36), 801.2, 801.5, 801.6, 801.7, 801.9, 801.12, 801.15, 801.16, 801.20, 801.22,
3802.14, 802.19, 809, 851.1, 908, 909, 910, 911, 912, 913(B), 919.1, 919.2, 919.6, and 919.9
4are hereby repealed in their entirety.
5 Section 10. In Section 6 of Act No. 384 of the 2013 Regular Session of the
6Legislature, the reference to R.S. 36:4(B)(6) refers to R.S. 36:4(B)(15) as codified by this
7Act.
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 612 Original 2020 Regular Session Gregory Miller
Abstract: Makes technical corrections to provisions of law in Title 36 of the La. Revised
Statutes of 1950, and makes structural changes to the organization of Title 36.
Proposed law provides for technical corrections to provisions of law in Title 36 of the La.
Revised Statutes of 1950. Examples of such technical corrections in proposed law are:
(1)Standardizes internal citations within Title 36 of the La. Revised Statutes of 1950.
(2)Removal of placeholder repeals and re-numbering the remainder of the Section.
(3)Updating citation references that refer to repealed or re-designated Sections of law.
When creating or placing an agency within one of the Departments in the executive branch
of the state government, present law defines the authority of that agency. Present law, Title
36, uses a "double cross-referencing" system to grant agencies authority within the executive
branch. Within present law, there are six different categories of authority. These six
different categories are known as "transfer types" or "transfer type authority". In the present
law double-cross referencing system, a Section placing an agency within an executive
branch department will contain a reference to the specific transfer type authority. Then, in
the present law Sections governing the transfer types, there will be a reference to some, but
not all, of the agencies that fall under this type.
Exceptions to the general transfer type authorities are governed by specific provisions.
These exception Sections contain a reference to the general transfer type authority that the
exception falls under. The Sections placing individual agencies with an exception into its
executive branch department will contain a reference to the exception Section.
Proposed law removes the double cross-referencing system. If an agency has an exception
to the general transfer type, then proposed law lists the exception in the Section placing the
agency within its executive branch department. In addition, proposed law removes
references to specific agencies within the Sections governing transfer type authorities.
Proposed law repeals references to agencies that are no longer effective or no longer exist.
R.S. 36:209
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HB NO. 612
Present law includes references to museums placed within the Dept. of Culture, Recreation,
and Tourism. Present law provides for a distinction between the museum facilities
themselves and their governing boards or commissions. The boards or commissions are
considered agencies which exercise powers, duties, functions, and responsibilities. Proposed
law removes references to the museum facilities from Title 36 as the facilities are not
considered agencies within the executive branch of state government.
R.S. 36:259
Act 206 of the 2018 R.S. amended this Section and redesignated most of the provisions of
law within this Section.
In prior law, the Commission on Perinatal Care and Prevention of Infant Mortality, the
Governor's Council on Physical Fitness and Sports, the La. Commission for the Deaf, and
the Water Supply and Sewerage Systems Certification Committee were all given transfer
type authority under R.S. 36:802. Present law has no specific transfer type authority for
these agencies. Proposed law redesignates these agencies and grants them authority under
R.S. 36:802.
Present law provides that the La. Medical Disclosure Panel is granted authority under R.S.
36:802. Proposed law retains present law.
In prior law R.S. 36:259(T), the Traumatic Head and Spinal Injury Trust Fund Advisory
Board was given authority under the provisions of R.S. 36:901. Present law R.S. 36:259
does not grant the board a specific type of authority. Present law R.S. 36:901 lists R.S.
36:259(T) as being a 901 transfer type. Proposed law places the Traumatic Head and Spinal
Injury Trust Fund Advisory Board into its own Subsection and grants the board authority
under 901.
In prior law R.S. 36:259(F), the La. State Board of Health, the La. Dept. of Health and all
its subsidiary boards, the La. Narcotics Rehabilitation Commission, the Anatomical Board,
the Board of Commissioners of the South La. Health Services District, and the Hospital
Licensing Council were all abolished and their functions transferred to the secretary of the
department under the provisions of R.S. 36:921. Present law groups these agencies into R.S.
36:259(B), and does not contain a reference to R.S. 36:921. However, present law R.S.
36:921 lists R.S. 36:259(F) as being 921 transfer types. Proposed law places these abolished
agencies into a single Subsection and specifies that they are governed by the provisions of
R.S. 36:921.
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DISPOSITION TABLE
Name of Agency Present law citationProposed law citation
R.S. 36:4
division of administration (B)(1)(a) (B)(1)
Office of State Procurement (B)(1)(b) (B)(1)(a)
Division of State Buildings (B)(1)(c) (B)(1)(b)
Office of Facility Planning & Control(B)(1)(d) (B)(1)(c)
Office of Technology Services (B)(1)(e) (B)(1)(d)
Office of the State Register (B)(1)(j) (B)(1)(e)
Cash Management Review Bd (B)(1)(r) (B)(1)(f)
Patient's Compensation Fund Oversight
Bd
(B)(1)(dd) (B)(1)(g)
Office of Group Benefits (B)(15)(a) (B)(1)(h)
Group Benefits Policy & Planning Bd (B)(15)(b) (B)(1)(h)
La. Tax Comm. (B)(18) (B)(1)(i)
Bd of Commissioners of Camp Moore
Confederate Cemetery
(B)(16) (B)(1)(j)
Occupational Forecasting Conference(B)(1)(f) (B)(2)
Governor's Office of Homeland
Security & Emergency Preparedness
(B)(1)(g) (B)(3)
La. Architects Selection Bd (B)(1)(k) (B)(4)
La. Engineers Selection Bd (B)(1)(l) (B)(5)
La. Landscape Architects Selection Bd(B)(1)(m) (B)(6)
Military Department (B)(1)(n) (B)(7)
Law Enforcement Executive
Management Institute
(B)(1)(5) (B)(8)
La. Stadium & Exposition District(B)(1)(u) (B)(9)
Mental Health Advocacy Service (B)(1)(v) (B)(10)
La. Comm. on Law Enforcement &
Administration of Criminal Justice
(B)(1)(z) (B)(11)
Council on Peace Officers Standards &
Training
(B)(1)(h) (B)(11)(a)
Crime Victims Reparations Bd (B)(1)(i) (B)(11)(b)
La. Sentencing Comm. (B)(1)(aa) (B)(11)(c)
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HB NO. 612
La. Sheriff's Executive Management
Institute
(B)(1)(ff) (B)(12)
Office of Life-Long Learning (B)(4) (B)(13)
Office of Elderly affairs ad La.
Executive Bd on Aging
(B)(6)(a) (B)(15)
Office of Disability Affairs (B)(7) (B)(16)
Children's Cabinet, Children's Cabinet
Advisory Bd, & Children's Trust Fund
(B)(8) (B)(17)
La. Comm. on Human Rights (B)(12) (B)(18)
Office of the Coordinator of Faith-based
Programs
(B)(17) (B)(19)
La. Public Defender Bd (D) (B)(20)
Juvenile Justice Reform Act
Implementation Comm.
(E) (B)(21)
Office on Women's Policy (F) (B)(22)
La. Women's Policy & Research
Comm.
(F) (B)(22)
Governor's Office of Indian Affairs(G) (B)(23)
Intrastate Mutual Aid Subcommittee(H) (B)(24)
Office of State Inspector General (I) (B)(25)
Drug Policy Bd (K) (B)(26)
Office of Rural Development (L) (B)(27)
La. State Interagency Coordinating
Council for EarlySteps: La.'s Early
Intervention Program for Infants &
Toddlers with Disabilities & Their
Families
(R) (B)(28)
La. Council on the Success of Black
Men & Boys
(X) (B)(29)
Pet Overpopulation Advisory Council(Y) (B)(30)
Governor's Advisory Comm. on Coastal
Protection, Restoration, &
Conservation, The CPRA Bd & CPRA
(Z)(1) (B)(31)(a)
Atchafalaya Basin Program (Z)(2) (B)(31)(b)
Latino Comm. (AA) (B)(32)
Rural Water Infrastructure Committee(BB) (B)(33)
Public Buildings Bd (B)(2)(a) (C)
Office of Lieutenant Governor (C) (D)
Encore La. Comm. (U) (D)(1)
Volunteer La. Comm. (N) (D)(2)
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HB NO. 612
R.S. 36:4.1
Office of Financial Institutions (C)(1) (B)(1)
La. State Racing Comm. (G) (B)(2)
La. Cemetery Bd (D)(1) (C)(1)
State Bd of Certified Public
Accountants of La.
(D)(2) (C)(2)
State Bd of Architectural Examiners (D)(3) (C)(3)
La. Real Estate Comm. (D)(4) (C)(4)
La. State Bd of Home Inspectors (D)(5) (C)(5)
State Licensing Bd for Contractors(D)(6) (C)(6)
Bd of Examiners of Certified Shorthand
Reporters
(D)(8) (C)(7)
La. Auctioneers Licensing Bd (D)(9) (C)(8)
State Bd of Examiners of Interior
Designers
(D)(10) (C)(9)
La. Real Estate Appraisers Bd (D)(11) (C)(10)
State Boxing & Wrestling Comm. (D)(12) (C)(11)
La. Motor Vehicle Comm. (D)(13) (C)(12)
La. Used Motor Vehicle Comm. (D)(14) (C)(13)
La. State Polygraph Bd (D)(15) (C)(14)
La. Bd of Cosmetology (D)(16) (C)(15)
Department of Occupational Standards(E) (D)
R.S. 36:53
State examiner of municipal fire &
police civil service & the office of the
state examiner
(A) (A)(1)
Bd of Ethics (C) (A)(2)
Division of Administrative Law (I) (A)(3)
State Police Service (H) (B)(1)
Bd of Tax Appeals (J) (B)(2)
Advisory Bd on Inservice Training &
Education
(G)(1) (C)
R.S. 36:109
Bd of Commerce & Industry (F) (A)
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HB NO. 612
Office of entertainment industry
development
(J) (B)(1)
Office of international commerce & the
La. Bd of International Commerce
(V) (B)(2)
La. Military Advisory Council (W) (B)(3)
Department of Commerce & Industry(G) (C)
La. Economic Development
Corporation
(N) (D)
R.S. 36:209
La. Archaeological Survey &
Antiquities Comm.
(C)(1) (A)(1)
State Parks & Recreation Comm. (C)(2) (A)(2)
Bd of Directors of the La. State
Museum
(E) (A)(3)
Bd of Commissioners of the State
Library of La.
(F) (A)(4)
La. State Arts Council (G) (A)(5)
La. National Register Review
Committee
(J) (A)(6)
La. Folklife Comm. (L) (A)(7)
La. Tourism Development Comm. (P) (A)(8)
State Art, Historical & Cultural
Preservation Agency
(H)(1) (B)(1)
Toledo Bend Forest Scenic Drive
Comm.
(H)(5) (B)(2)
La. Art Comm. (H)(6) (B)(3)
La. Historical Preservation & Cultural
Comm.
(H)(10) (B)(4)
Orleans Parish Landmarks Comm. (H)(13) (B)(6)
La. Naval War Memorial Comm. (K) (C)(1)
Kenner Naval Museum Comm. (N) (C)(2)
New Orleans City Park Improvement
Association & its board of
commissioners
(O) (C)(3)
Council for the Development of French
in La.
(R) (C)(4)
Edward Douglass White Historic Site(V) (D)
La. Byways Comm. (X) (E)
La. Seafood Promotion & Marketing Bd(Y) (F)
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State Bd of Library Examiners (D) (G)
Atchafalaya Trace Comm. (M)(1) (H)
R.S. 36:259
Respiratory Care Advisory Committee(B)(20) (B)(15)
La. Advisory Committee on Populations
& Geographic Regions with Excessive
Cancer Rates
(B)(21) (B)(16)
Medical Education Comm. (B)(22) (B)(17)
La. Access to Better Care Medicaid
Insurance Demonstration Project
Oversight Bd
(B)(23) (B)(18)
La. Developmental Disabilities Council(B)(25)(a) (B)(19)(a)
Regional & State Advisory Councils for
the Community & Family Support
System
(B)(25)(b) (B)(19)(b)
La. Emergency Medical Services
Certification Comm.
(B)(32) (B)(20)
La. Comm. on HIV, AIDS, & Hepatitis
C Education, Prevention, & Treatment
(B)(34) (B)(21)
Palliative Care Interdisciplinary
Advisory Council
(B)(36) (B)(22)
Comm. on Perinatal Care & Prevention
of Infant Mortality
(B)(16) (D)(1)
Governor's Council on Physical Fitness
& Sports
(B)(15) (D)(2)
Healthy Moms, Healthy Babies
Advisory Council
(D)(1) (D)(3)
La. Comm. for the Deaf (B)(18) (D)(4)
La. Medical Disclosure Panel (B)(19) (D)(5)
Water Supply & Sewerage Systems
Certification Committee
(B)(17) (D)(6)
La. Emergency Response Network Bd(B)(24) (E)(1)
Traumatic Head & Spinal Injury Trust
Fund Advisory Bd
(B)(30) (F)(1)
Clinical Laboratory Personnel
Committee
(B)(31) (F)(2)
La. State Bd of Health & the La.
Department of Health & all its
subsidiary boards
(B)(35) (G)(1)
La. Narcotics Rehabilitation Comm.(B)(33) (G)(2)
Anatomical Bd (B)(26) (G)(3)
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HB NO. 612
Bd of Commissioners of the South La.
Health Services District
(B)(27) (G)(4)
Nursing Home Advisory Committee (B)(28) (G)(5)
Hospital Licensing Council (B)(29) (G)(6)
R.S. 36:478
La. Health & Human Resources
Administration
(H)(1) (A)(1)
State Youth Planning Advisory Comm.(H)(2) (A)(2)
State Department of Public Welfare (H)(3) (A)(3)
State Bd of Public Welfare (H)(4) (A)(4)
La. Advisor Council on Child Care &
Early Education
(M) (B)
R.S. 36:651
La. Educational Television Authority(C) (B)(1)
Office of instructional technology (U) (B)(2)
Bd of Supervisors for the University of
La. System
(D)(1) (C)(1)
Bd of Regents (D)(2) (C)(2)
Bd of Supervisors of La. State
University & A&M College
(D)(3) (C)(3)
Bd of Supervisors of Southern
University & A&M College
(D)(4) (C)(4)
Bd of Supervisors of Community &
Technical Colleges
(D)(5) (C)(5)
New Orleans Center for Creative Arts &
its board of directors
(D)(8) (C)(6)
Bd of Directors of Thrive Academy(D)(9) (C)(7)
Health Education Authority of La. (D)(10) (C)(8)
Jimmy D. Long, Sr. La. School for
Math, Science, & the Arts & its board
of directors
(Q) (C)(9)
Quality Science & Mathematics Council(Y) (C)(10)
Governor's Program for Gifted Children(Z) (C)(11)
State Bd of Elementary & Secondary
Education
(E) (D)
Recovery School District (F) (E)(1)
La. Environmental Education Comm.(CC) (E)(2)
College & Career Readiness Comm.(G)(2) (F)(1)
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HB NO. 612
Agricultural Education Comm. (G)(4) (F)(2)
ABLE Account Advisory Council (G)(5) (F)(3)
Early Childhood Care & Education
Comm.
(G)(8) (F)(4)
Task Force on Student Proficiency(P) (F)(5)
State Department of Education (H) (G)
The advisory councils to post-secondary
vocational-technical schools
(J) (I)
Advisory Comm. on Proprietary
Schools
(L) (J)
La. Fire & Emergency Training Comm.(S) (L)(9)
Statewide Articulation & Transfer
Council
(T)(1) (L)(1)
Process Technology Advisory Bd (T)(2) (L)(2)
La. Tuition Trust Authority (T)(3) (L)(3)
Governing Bd of the La. Cancer
Research Center of LSU Health
Sciences Center in New Orleans/Tulane
Health Sciences Center
(T)(4) (L)(4)
La. State University Health Sciences
Center Health Maintenance
Organization
(T)(5) (L)(5)
La. Science, Technology, Engineering,
& Mathematics Advisory Council
(T)(6) (L)(6)
Advisory Council on Historically Black
Colleges & Universities
(T)(7) (L)(7)
La. Hall of Fame for the Arts Election
Bd
(O) (L)(8)
La. Health Works Comm. (AA)(1) (M)(1)(a)
Nursing Supply & Demand Council (AA)(2) (M)(1)(b)
Simulation Medical Training &
Education Council for La.
(AA)(3) (M)(1)(c)
La. Student Financial Assistance
Comm.
(BB) (N)
R.S. 36:744
State Bd of Election Supervisors(C) (B)
La. Historical Records Advisory Bd (D) (C)(1)
Advisory Bd of the Old State Capitol(F) (C)(2)
Eddie G. Robinson Museum Comm. (Q) (C)(3)
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Advisory Bd of the La. State Archives(DD) (C)(4)
State Archives & Records Comm. & the
State Archives & Records Service
(E) (D)(1)
Old State Capitol Memorial Comm.(G) (D)(2)
office of commissioner of elections(R) (E)
La. Delta Music Museum (S) (F)(1)(a)
Tioga Heritage Park & Museum (V) (F)(1)(b)
Mansfield Female College Museum (W) (F)(1)(c)
La. Military Hall of Fame & Museum (AA) (F)(1)(d)
Germantown Colony Museum (BB) (F)(1)(e)
Regional Museum Governing Bd of the
La. State Exhibit Museum & the La.
State Exhibit Museum
(I), (J) (F)(1)(f)
governing Bd of the La. State Cotton
Museum & the La. State Cotton
Museum
(L) (F)(1)(g)
governing Bd of the La. State Oil & Gas
Museum & the La. State Oil & Gas
Museum
(N) (F)(1)(h)
(Amends R.S. 17:2048.61(B), R.S. 25:379(A), 379.2(B)(5), 380(A), 380.2(B)(5), 380.21(A),
380.23(B)(7), 380.51(A), 380.53(B)(7), 380.81(A), 380.83(B)(7), 380.91(A), 380.93(B)(7),
380.131(A), 380.133(B)(6), 380.151(A), and 380.153(B)(7), R.S. 28:64(A)(1), R.S.
29:769(E), R.S. 36:4(B), (C), and (D), 4.1(C), (D), and (E), 53(A) and (C), 109, 209,
259(B)(intro. para.) and (15)-(22), (C)(intro. para.), and (D), 478, 651, 744, 801(intro. para.),
801.1(A), 802(intro. para.), 802.3, 803(A)(1), 851(A), 901(A), and 921(A), R.S.
42:808(A)(6), R.S. 46:2403(E), and R.S. 51:1253(3); Adds R.S. 36:4.1(B), 53(B) and (D),
and 259(E), (F), and (G); Repeals R.S. 36:4(E)-(BB), 4.1(F) and (G), 53(F) - (J), 259(B)(23)-
(36), 801.2, 801.5, 801.6, 801.7, 801.9, 801.12, 801.15, 801.16, 801.20, 801.22, 802.14,
802.19, 809, 851.1, 908, 909, 910, 911, 912, 913(B), 919.6, and 919.9)
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