Louisiana 2021 2021 Regular Session

Louisiana House Bill HB260 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 260 Original	2021 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 repeal notations and renumbering the remainder of the Section.
(3)Updating citation references that refer to repealed or re-designated Sections of law.
Organizational Changes to Title 36
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.  Within present law, there are six
different categories of authority, which are known as "transfer types" or "transfer type authority". 
Present law, Title 36, uses a "double cross-referencing" system to grant agencies authority within the
executive branch.  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 statutory Sections under
present law.  These "exception Sections" contain a reference to the general transfer type authority
statute that the exception falls under.  The Sections placing individual agencies with an exception
to the general transfer type authority into its executive branch department will contain a reference
to the exception Section, but not a reference to the general transfer type authority.
Proposed law removes the double cross-referencing system.  Proposed law updates the individual
agency statutes to always reference their general transfer type authority.  If an agency has an
exception to the general transfer type authority, then proposed law lists the exception in the Section
placing the agency within its executive branch department.
Present law can grant authority to an agency that is not within the transfer type system.  These
agencies will have authority "as provided by law", and will have their own Sections granting the agency individualized powers, duties, functions, and responsibilities within their respective Titles. 
Proposed law retains present law.
R.S. 36:744 and Museum Facilities
Present law (R.S. 36:744) places certain museum facilities and their governing boards under the
control of the Dept. of State, and defines the general powers, duties, functions, and responsibilities
of the governing boards.  The present law Sections defining these powers are located in the Chapter
governing transfer type authority; however, the museum boards do not have authority derived from
a transfer type or transfer type exception.
Present law (Title 25 generally) places certain museum facilities and their governing boards within
the control of the Dept. of State.  Present law (Title 25 generally) further defines the individual
powers, duties, functions, and responsibilities of the individual governing boards.
Proposed law removes the references to the museum facilities from R.S. 36:744.  Proposed law
additionally removes the authority granting Sections from the Chapter on transfer type authority and
adds it to the provision in R.S. 36:744 which defines the general powers, duties, functions, and
responsibilities of the governing boards.
Proposed law retains present law individualized powers, duties, functions, and responsibilities found
in Title 25.
DISPOSITION TABLE
Name of Agency Present law citation Proposed law citation
Governor's office 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 and 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)
Economic Development R.S. 36:109
Bd of Commerce and
Industry
(F)	(A)
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)(1)	(C)
La. Economic Development
Corporation
(N)	(D) Culture, Recreation &
Tourism
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)
La. Civil Rights Museum
Advisory Bd
(Z)	(A)(9)
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)(5)
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)
La. Byways Comm. (X)	(D)(1)
La. Seafood Promotion &
Marketing Bd
(Y)	(D)(2)
Atchafalaya Trace Comm. (M)(1)	(D)(3)
State Board of Library
Examiners
(D)	(E)
Workforce Commission R.S. 36:309
Employment Security Board
of Review
(B)(1)	(A)(1)
Louisiana Worker's
Compensation Second Injury
Board
(B)(2)	(A)(2)
The Louisiana Workforce
Investment Council
(B)(3)	(A)(3)
Apprenticeship Council (C)(1)	(B)(1)
Workers' Compensation
Advisory Council
(C)(4)	(B)(2)
Board of Barber Examiners(D)(1)	(C)(1)
State Plumbing Board (D)(2)	(C)(2)
Louisiana Rehabilitation
Services
(E)	(D)
Worker's compensation
medical advisory council
(F)	(E)(1)
Blind Vendors Trust Fund
Advisory Board
(G)	(E)(2) Transportation &
Development
R.S. 36:509
The Flood Control Project
Evaluation Committee
(B)	(A)(1)
The Offshore Terminal
Authority
(L)	(A)(2)
The Coastal Port Advisory
Authority
(U)	(A)(3)
The Louisiana Professional
Engineering and Land
Surveying Board
(C)	(B)
The Department of Highways(F)(2)	(C)(1)
Department of Public Works(F)(3)	(C)(2)
The Board of Public Works(F)(4)	(C)(3)
The State Board of Highways(F)(5)	(C)(4)
Louisiana Expressway
Authority
(F)(8)	(C)(5)
Larose-Lafitte Toll Road
Authority
(F)(9)	(C)(6)
South Central Louisiana Toll
Road Authority
(F)(10)	(C)(7)
The Mississippi River Bridge
Authority
(F)(11)	(C)(8)
The Mississippi River
Parkway Commission of
Louisiana
(H)	(D)
The Louisiana Transportation
Authority
(K)	(E)
The Sabine River Authority(O)	(F)(1)
The Poverty Point Reservoir
District
(Q)	(F)(2)
Agriculture & Forestry R.S. 36:629 Structural Pest Control
Commission
(C)(3)	(B)(1)
Louisiana Board of Animal
Health
(C)(5)	(B)(2)
Louisiana Commission of
Weights and Measures
(C)(8)	(B)(3)
The Louisiana Animal
Control Advisory Task Force
(C)(9)	(B)(4)
The Louisiana Aquatic
Chelonian Research and
Promotion Board
(Q)	(B)(5)
Livestock Brand Commission(D)(1)	(C)(1)
Louisiana Advisory
Commission on Pesticides
(D)(2)	(C)(2)
Louisiana Egg Commission(E)(1)	(D)(1)
Louisiana Rice Promotion
Board
(E)(3)	(D)(2)
Louisiana Rice Research
Board
(E)(4)	(D)(3)
Louisiana Soybean and Grain
Research and Promotion
Board
(E)(5)	(D)(4)
Louisiana Strawberry
Marketing Board
(E)(6)	(D)(5)
Louisiana Beef Industry
Council
(E)(7)	(D)(6)
Louisiana Crawfish
Promotion and Research
Board
(E)(8)	(D)(7)
The Louisiana Sweet Potato
Advertising and
Development Commission
(F)	(E)
The Dairy Stabilization
Board
(G)	(F) The Horticulture Commission
of Louisiana
(I)	(G)
The Louisiana Agricultural
Commodities Commission
(J)	(H)(1)
The Louisiana Agricultural
Finance Authority
(K)	(H)(2)
The Dairy Industry
Promotion Board
(L)	(I)
The Forestry Commission (N)	(J)
The State Soil and Water
Conservation Commission
(O)	(K)
The Louisiana Boll Weevil
Eradication Commission
(P)	(L)(1)
The Agriculture Chemistry
and Seed Commission
(H)	(L)(2)
The Board of Veterinary
Medicine
(S)	(M)
Education	R.S. 36:651
The La. Educational
Television Authority
(C)	(B)(1)
The office of instructional
technology
(U)	(B)(2)
The Board of Supervisors for
the University of La. System
(D)(1)	(C)(1)
Board of Regents (D)(2)	(C)(2)
Board of Supervisors of La.
State University and
Agricultural and Mechanical
College
(D)(3)	(C)(3)
Board of Supervisors of
Southern University and
Agricultural and Mechanical
College
(D)(4)	(C)(4) Board of Supervisors of
Community and Technical
Colleges
(D)(5)	(C)(5)
Board of directors for the
New Orleans Center for
Creative Arts
(D)(8)	(C)(6)
Board of directors of Thrive
Academy
(D)(9)	(C)(7)
Health Education Authority
of Louisiana
(D)(10)	(C)(8)
Board of directors for the
Jimmy D. Long, Sr.
Louisiana School for Math,
Science, and the Arts
(Q)	(C)(9)
Quality Science and
Mathematics Council
(Y)	(C)(10)
Governor's Program for
Gifted Children
(Z)	(C)(11)
State Board of Elementary
and Secondary Education
(E)	(D)
Recovery School District(F)	(E)(1)
La. Environmental Education
Commission
(CC)	(E)(2)
College and Career Readiness
Commission
(G)(2)	(F)(1)
Agricultural Education
Commission
(G)(4)	(F)(2)
ABLE Account Advisory
Council
(G)(5)	(F)(3)
Task Force on Student
Proficiency
(P)	(F)(4)
Early Childhood Care and
Education Commission
(G)(8)	(F)(5)
Cybersecurity Education
Management Council
(G)(9)	(F)(6) State Department of
Education (abolished)
(H)	(G)
Advisory Commission on
Proprietary Schools
(L)	(J)
Statewide Articulation and
Transfer Council
(T)(1)	(K)(1)
Process Technology Advisory
Board
(T)(2)	(K)(2)
Louisiana Tuition Trust
Authority
(T)(3)	(K)(3)
Governing board of the
Louisiana Cancer Research
Center of LSU Health
Sciences Center in New
Orleans/Tulane Health
Science Center
(T)(4)	(K)(4)
Louisiana State University
Health Sciences Center
Health Maintenance
Organization
(T)(5)	(K)(5)
La. STEM Advisory Council(T)(6)	(K)(6)
Advisory Council on HBCUs(T)(7)	(K)(7)
La. Hall of Fame for the Arts
election board
(O)	(K)(8)
La. Fire and Emergency
Training Commission
(S)	(K)(9)
La. Health Works
Commission
(AA)(1)	(L)(1)(a)
Nursing Supply and Demand
Council
(AA)(2)	(L)(1)(b)
Simulation Medical  Training
and Education Council for
La.
(AA)(3)	(L)(1)(c)
La. Student Financial
Assistance Commission
(abolished)
(BB)	(M) Insurance	R.S. 36:686
Board of Directors of the
Property Insurance
Association of La.
(A)(1)	(A)(1)
Governing Committee of the
La. Joint Reinsurance Plan
(A)(2)	(A)(2)
Governing Committee of the
La. Insurance Underwriting
Plan
(A)(3)	(A)(3)
Governing Committee of the
La. Automobile Insurance
Plan
(A)(4)	(A)(4)
Board of Directors of the La.
Citizens Property Insurance
Corporation
(A)(5)	(A)(5)
Board of Directors of the La.
Consortium of Insurance and
Financial Services
(B)(1)	(B)(1)
Advisory Committee of the
Louisiana Consortium of
Insurance and Financial
Services
(B)(2)	(B)(2)
The Louisiana Property and
Casualty Insurance
Commission
(C)(2)	(C)(1)
The Louisiana Mandated
Health Benefits Commission
(F)	(C)(2)
The Louisiana Health Care
Commission
(D)	(D)
The Board of Directors of the
Louisiana Automobile Theft
and Insurance Fraud
Prevention Authority
(E)	(E)
The board of review for
public fire protection grading
(G)	(F) State	R.S. 36:744
State Board of Election
Supervisors
(C)	(B)
La. Historical Records
Advisory Board
(D)	(C)(1)
Advisory Board of the Old
State Capitol
(F)	(C)(2)
Eddie G. Robinson Museum
Commission
(Q)	(C)(3)
Advisory Board of the La.
State Archives
(DD)	(C)(4)
State Archives and Records
Commission and the State
Archives and Records
Service
(E)	(D)(1)
Old State Capitol Memorial
Commission
(G)	(D)(2)
Office of commissioner of
elections
(R)	(E)
Governing board of the La.
Delta Music Museum
(S)	(F)(1)(a)
Governing board of the Tioga
Heritage Park and Museum
(V)	(F)(1)(b)
Governing board of the
Mansfield Female College
Museum
(W)	(F)(1)(c)
Governing board of the
Germantown Colony
Museum
(BB)	(F)(1)(d)
Regional Museum Governing
Board of the Louisiana State
Exhibit Museum
(I)	(F)(1)(e)
Governing Board of the La.
State Cotton Museum
(L)	(F)(1)(f) Governing Board of the La.
State Oil and Gas Museum
(N)	(F)(1)(g)
(Amends R.S. 3:732(A) and 2054(A), R.S. 17:2048.61(B), R.S. 23:1294(A)(1), R.S. 25:379(A),
379.2(B)(4), 380(A), 380.2(B)(4), 380.21(A), 380.23(B)(6), 380.51(A), 380.53(B)(6), 380.81(A),
380.83(B)(6), 380.91(A), 380.93(B)(6), 380.151(A), 380.153(B)(6), R.S. 36:4.1(C), (D), and (E),
109, 209, 309, 509, 629, 651, 686, 744, 801(intro. para.), 801.1(A), 802(intro. para.), 803(A)(1),
851(A), 901(A), and 921(A), R.S. 42:808(A)(6), R.S. 51:1253(3), and ยง3 of Act No. 180 of the 2020
R.S.; Adds R.S. 36:4.1(B); Repeals R.S. 36:4.1(F) and (G), 801.2, 801.5, 801.6, 801.7, 801.9,
801.12, 801.15, 801.16, 801.22, 802.1, 802.2, 802.3, 802.6, 802.7, 802.10, 802.12, 802.16, 802.19,
802.21, 851.1, 908, 909, 910, 911, 912, 913, 919.1, 919.6, and 919.9)