ENROLLED
ACT No. 20
2021 Regular Session
HOUSE BILL NO. 260
BY REPRESENTATIVE GREGORY MILLER
1 AN ACT
2 To amend and reenact R.S. 3:732(A) and 2054(A), R.S. 17:2048.61(B), R.S. 23:1294(A)(1),
3 R.S. 25:379(A), 379.2(B)(4), 380(A), 380.2(B)(4), 380.21(A), 380.23(B)(6),
4 380.51(A), 380.53(B)(6), 380.81(A), 380.83(B)(6), 380.91(A), 380.93(B)(6),
5 380.151(A), 380.153(B)(6), R.S. 36:4.1(C), (D), and (E), 109, 209, 309, 509, 629,
6 651, 686, 744, 801(introductory paragraph), 801.1(A), 802(introductory paragraph),
7 803(A)(1), 851(A), 901(A), and 921(A), R.S. 42:808(A)(6), R.S. 51:1253(3), and
8 Section 3 of Act No. 180 of the 2020 Regular Session of the Legislature, to enact
9 R.S. 36:4.1(B), and to repeal R.S. 36:4.1(F) and (G), 801.2, 801.5, 801.6, 801.7,
10 801.9, 801.12, 801.15, 801.16, 801.22, 802.1, 802.2, 802.3, 802.6, 802.7, 802.10,
11 802.12, 802.16, 802.19, 802.21, 851.1, 908, 909, 910, 911, 912, 913, 919.1, 919.6,
12 and 919.9, relative to providing corrections for Title 36 of the Louisiana Revised
13 Statutes of 1950; to provide for technical corrections; to provide for re-organization
14 of the structure of Title 36; and to provide for related matters.
15 Be it enacted by the Legislature of Louisiana:
16 Section 1. R.S. 3:732(A) and 2054(A) are hereby amended and reenacted to read as
17 follows:
18 §732. Livestock Brand Commission
19 A. The Livestock Brand Commission is hereby created within the
20 Department of Agriculture and Forestry. Notwithstanding any provision of this Part
21 or of any other law to the contrary, the commission shall exercise and perform its
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1 powers, duties, functions, and responsibilities as provided by R.S. 36:629(D)(1) R.S.
2 36:629(C). The commission shall be domiciled in Baton Rouge.
3 * * *
4 §2054. Creation and organization
5 A. The Louisiana Beef Industry Council is hereby created and shall be within
6 the Department of Agriculture and Forestry as provided for agencies transferred to
7 the department by R.S. 36:629(E) R.S. 36:629(D).
8 * * *
9 Section 2. R.S. 17:2048.61(B) is hereby amended and reenacted to read as follows:
10 §2048.61. Simulation Medical Training and Education Council for Louisiana;
11 creation; membership
12 * * *
13 B. There is hereby created in the Department of Education, under the
14 jurisdiction of the Board of Regents, the Simulation Medical Training and Education
15 Council for Louisiana, hereafter referred to as "council". The council shall be placed
16 under the Louisiana Health Works Commission and shall exercise and perform its
17 powers, duties, functions, and responsibilities in the manner provided for agencies
18 transferred in accordance with the provisions of R.S. 36:801.5 R.S. 36:651(L).
19 * * *
20 Section 3. R.S. 23:1294(A)(1) is hereby amended and reenacted to read as follows:
21 §1294. Workers' Compensation Advisory Council
22 A.(1) The Workers' Compensation Advisory Council is hereby created
23 within the Louisiana Workforce Commission pursuant to R.S. 36:309(C)(4) R.S.
24 36:309(B).
25 * * *
26 Section 4. R.S. 25:379(A), 379.2(B)(4), 380(A), 380.2(B)(4), 380.21(A),
27 380.23(B)(6), 380.51(A), 380.53(B)(6), 380.81(A), 380.83(B)(6), 380.91(A), 380.93(B)(6),
28 380.151(A), and 380.153(B)(6) are hereby amended and reenacted to read as follows:
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1 §379. Establishment and location; purpose and use
2 A. The facility known prior to June 6, 1991, as the Louisiana State Museum-
3 Shreveport is hereby renamed the Louisiana State Exhibit Museum. The Louisiana
4 State Exhibit Museum is established as a facility in the city of Shreveport under the
5 overall jurisdiction of the Department of State, as more specifically provided in this
6 Chapter and in R.S. 36:801.6 R.S. 36:744(F).
7 * * *
8 §379.2. Duties and powers of the board
9 * * *
10 B. The board shall:
11 * * *
12 (4) Advise the secretary of state on all matters relating to the operations of
13 the Louisiana State Exhibit Museum and shall have such other functions as are
14 otherwise provided in this Chapter and R.S. 36:801.6 R.S. 36:744(F).
15 * * *
16 §380. Establishment and location; purpose and use
17 A. The Louisiana State Cotton Museum is established as a facility in the
18 parish of East Carroll under the overall jurisdiction of the Department of State, as
19 more specifically provided in this Chapter and in R.S. 36:801.7 R.S. 36:744(F).
20 * * *
21 §380.2. Duties and powers of the board
22 * * *
23 B. The board shall:
24 * * *
25 (4) Advise the secretary of state on all matters relating to the operations of
26 the Louisiana State Cotton Museum and shall have such other functions as are
27 otherwise provided in this Chapter and R.S. 36:801.7 R.S. 36:744(F).
28 * * *
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1 §380.21. Establishment and location; purpose and use
2 A. The Louisiana State Oil and Gas Museum is established as a facility in
3 the parish of Caddo under the overall jurisdiction of the Department of State as more
4 specifically provided in this Chapter and in R.S. 36:801.9 R.S. 36:744(F).
5 * * *
6 §380.23. Duties and powers of the board
7 * * *
8 B. The board shall:
9 * * *
10 (6) Perform such other functions as are otherwise provided in this Chapter
11 and R.S. 36:801.9 R.S. 36:744(F).
12 * * *
13 §380.51. Establishment and location; purpose and use
14 A. The Louisiana Delta Music Museum is established as a facility in the
15 town of Ferriday, parish of Concordia, under the overall jurisdiction of the
16 Department of State as more specifically provided in this Chapter and in R.S.
17 36:801.12 R.S. 36:744(F).
18 * * *
19 §380.53. Duties and powers of the board
20 * * *
21 B. The board shall:
22 * * *
23 (6) Perform such other functions as are otherwise provided by this Chapter
24 and R.S. 36:801.12 R.S. 36:744(F).
25 * * *
26 §380.81. Establishment and location; purpose and use
27 A. The Tioga Heritage Park and Museum, referred to in this Chapter as the
28 "museum", is established as a facility in the parish of Rapides under the overall
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1 jurisdiction of the Department of State as more specifically provided in this Chapter
2 and in R.S. 36:801.15 R.S. 36:744(F).
3 * * *
4 §380.83. Duties and powers of the board
5 * * *
6 B. The board shall:
7 * * *
8 (6) Perform such other functions as are otherwise provided by this Chapter
9 and R.S. 36:801.15 R.S. 36:744(F).
10 * * *
11 §380.91. Establishment and location; purpose and use
12 A. The Mansfield Female College Museum is established as a facility in the
13 town of Mansfield, parish of DeSoto, under the overall jurisdiction of the
14 Department of State as more specifically provided in this Chapter and in R.S.
15 36:801.16 R.S. 36:744(F).
16 * * *
17 §380.93. Duties and powers of the board
18 * * *
19 B. The board shall:
20 * * *
21 (6) Perform such other functions as are otherwise provided by this Chapter
22 and R.S. 36:801.16 R.S. 36:744(F).
23 * * *
24 §380.151. Establishment and location; purpose and use
25 A. The Germantown Colony Museum is established as a facility in the parish
26 of Webster, under the overall jurisdiction of the Department of State as more
27 specifically provided in this Chapter and in R.S. 36:801.22 R.S. 36:744(F).
28 * * *
29 §380.153. Duties and powers of the board
30 * * *
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1 B. The board shall:
2 * * *
3 (6) Perform such other functions as are otherwise provided by this Chapter
4 and R.S. 36:801.22 R.S. 36:744(F).
5 * * *
6 Section 5. R.S.36:4.1(C), (D), and (E), 109, 209, 309, 509, 629, 651, 686, 744,
7 801(introductory paragraph), 801.1(A), 802(introductory paragraph), 803(A)(1), 851(A),
8 901(A), and 921(A) are hereby amended and reenacted and R.S. 36:4.1(B) is hereby enacted
9 to read as follows:
10 §4.1. Agencies transferred from the Department of Economic Development to the
11 office of the governor; agencies placed within the office of the governor
12 * * *
13 C. B. The following agencies are hereby placed within the office of the
14 governor and shall perform and exercise their powers, duties, functions, and
15 responsibilities as provided in R.S. 36:801.1:
16 (1) The Office of Financial Institutions (R.S. 6:101 et seq.). is hereby placed
17 within the office of the governor and shall perform and exercise its powers, duties,
18 functions, and responsibilities as provided in R.S. 36:801.1. (2) The Office of
19 Financial Institutions shall be a separate budget unit within the office of the
20 governor.
21 (2) The Louisiana State Racing Commission (R.S. 4:141 et seq.).
22 D. C. The following agencies, as defined in R.S. 36:3, are hereby transferred
23 to and shall be placed within the office of the governor and shall perform and
24 exercise their powers, duties, functions, and responsibilities as provided in R.S.
25 36:803:
26 (1) The Louisiana Cemetery Board (R.S. 8:61 through 78).
27 (2) State Board of Certified Public Accountants of Louisiana (R.S. 37:71 et
28 seq.).
29 (3) State Board of Architectural Examiners (R.S. 37:141 et seq.).
30 (4) Louisiana Real Estate Commission (R.S. 37:1430 et seq.).
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1 (5) Louisiana State Board of Home Inspectors (R.S. 37:1471 et seq.).
2 (6) State Licensing Board for Contractors (R.S. 37:2150 et seq.).
3 (8) (7) Board of Examiners of Certified Shorthand Reporters (R.S. 37:2551
4 et seq.).
5 (9) (8) Louisiana Auctioneers Licensing Board (R.S. 37:3101 et seq.).
6 (10) (9) State Board of Examiners of Interior Designers (R.S. 37:3171 et
7 seq.).
8 (11) (10) Louisiana Real Estate Appraisers Board (R.S. 37:3391 et seq.).
9 (12) (11) The State Boxing and Wrestling Commission (R.S. 4:61 et seq.).
10 (13) (12) Louisiana Motor Vehicle Commission (R.S. 32:1251 et seq.).
11 (14) (13) Louisiana Used Motor Vehicle Commission (R.S. 32:781 et seq.).
12 (15) (14) Louisiana State Polygraph Board (R.S. 37:2831 et seq.),
13 notwithstanding the provisions of Chapter 36-A of Title 37 to the contrary.
14 (16) (15) The Louisiana State Board of Cosmetology (R.S. 37:561 et seq.).
15 E. D. The Department of Occupational Standards (R.S. 37:1-15) is hereby
16 abolished and its powers, duties, functions, and responsibilities are transferred to the
17 governor, through the commissioner of administration, in the office of the governor
18 and hereafter shall be exercised and performed as provided in Part IV of Chapter 22
19 of this Title R.S. 36:921 et seq.
20 F. E. Not later than the first day of January in each year, each entity
21 transferred or placed in the office of the governor pursuant to this Section shall
22 submit a copy of its proposed budget for the ensuing fiscal year to each chairman of
23 the House Committee on Commerce and the Senate Committee on Commerce,
24 Consumer Protection, and International Affairs, pursuant to R.S. 39:1335.
25 * * *
26 §109. Transfer of boards, commissions, departments, and agencies to Department
27 of Economic Development
28 B. The following agencies are transferred to the Department of Economic
29 Development and shall exercise their powers, duties, functions, and responsibilities
30 in the manner provided in R.S. 36:801:
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1 F. A. The Board of Commerce and Industry (Article XIV, Section 14(b.2)
2 of the 1921 Louisiana Constitution made statutory by Article XIV, Section 16(A)(10)
3 of the 1974 Louisiana Constitution; R.S. 51:921-946; R.S. 47:3201-3206) is
4 transferred to and hereafter shall be within the Department of Economic
5 Development, as provided in R.S. 36:908 in accordance with the provisions of R.S.
6 36:901, except that the Board of Commerce and Industry shall continue to exercise
7 those powers, duties, and functions with respect to the granting of tax exemptions for
8 new manufacturing establishments or extensions thereof which it is authorized by the
9 Constitution of Louisiana or by law to exercise.
10 B. The following agencies are placed within the Department of Economic
11 Development and shall perform and exercise their powers, duties, functions, and
12 responsibilities as provided by law:
13 (1) The office of entertainment industry development (R.S. 51:938.1).
14 (2) The office of international commerce and the Louisiana Board of
15 International Commerce (R.S. 51:3131 et seq.).
16 (3) The Louisiana Military Advisory Council (R.S. 29:61 et seq.).
17 G. C. The following agencies, as defined by R.S. 36:3, are Department of
18 Commerce and Industry (R.S. 51:921-938) is hereby abolished and their its powers,
19 duties, functions, and responsibilities are transferred to the secretary of the
20 Department of Economic Development and hereafter shall be exercised and
21 performed as provided in Part IV of Chapter 22 of this Title: R.S. 36:921 et seq.
22 (1) Department of Commerce and Industry (R.S. 51:921-51:938)
23 J. The office of entertainment industry development (R.S. 51:938.1) is
24 placed within the Department of Economic Development and shall exercise and
25 perform its functions, duties, and responsibilities as provided by law.
26 N. D. The Louisiana Economic Development Corporation and its board of
27 directors (R.S. 51:2311 et seq.) are placed within the Department of Economic
28 Development and shall exercise and perform their duties, powers, functions, and
29 responsibilities in the manner provided for agencies transferred in accordance with
30 R.S. 36:801.
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1 V. The office of international commerce and the Louisiana Board of
2 International Commerce (R.S. 51:3131 et seq.) are placed within the Department of
3 Economic Development and shall exercise and perform their functions, duties, and
4 responsibilities as provided by law.
5 W. The Louisiana Military Advisory Council (R.S. 29:61 et seq.) is placed
6 within the Department of Economic Development and shall perform and exercise
7 their powers, duties, functions, and responsibilities as provided by law.
8 * * *
9 §209. Transfer of boards, commissions, departments, and agencies to Department
10 of Culture, Recreation and Tourism
11 B.(1) The following agencies, as defined by R.S. 36:3, are transferred to and
12 hereafter shall be within the Department of Culture, Recreation and Tourism, as
13 provided in Part II of Chapter 22 of this Title:
14 (a) The Wedell-Williams Memorial Aviation Museum (R.S. 25:871 et seq.)
15 (b) Confederate Memorial Hall (1921 Louisiana Constitution, Art. 18,
16 Section 4, made statutory by 1974 Louisiana Constitution, Art. 14, Section 16)
17 (c) Wildlife and Fisheries Museum in New Orleans
18 (2) The Louisiana Cypress Sawmill Museum (R.S. 25:831 et seq.) is placed
19 within the Department of Culture, Recreation and Tourism and shall exercise and
20 perform its functions, duties, and responsibilities as provided in Part II of Chapter
21 22 of this Title.
22 (3) The Louisiana Civil Rights Museum (R.S. 25:841 et seq.) is placed
23 within the Department of Culture, Recreation and Tourism and shall exercise and
24 perform its functions, duties, and responsibilities as provided in Part II of Chapter
25 22 of this Title.
26 C. A. The following agencies, as defined in R.S. 36:3, are transferred to and
27 hereafter shall be within the Department of Culture, Recreation and Tourism, as
28 provided in Part III of Chapter 22 of this Title in accordance with the provisions of
29 R.S. 36:901 et seq. except as otherwise provided by this Subsection:
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1 (1) Louisiana Archaeological Survey and Antiquities Commission (R.S.
2 41:1601 et seq.).
3 (2) State Parks and Recreation Commission (R.S. 56:1681 et seq.).
4 D. The State Board of Library Examiners (R.S. 25:222-25:223) is hereby
5 transferred to and hereafter shall be within the Department of Culture, Recreation
6 and Tourism, as provided in R.S. 36:803.
7 E. (3) The Board of Directors of the Louisiana State Museum, previously the
8 Board of Managers of the Louisiana State Museum (R.S. 25:341 et seq.) is
9 transferred to and hereafter shall be within the Department of Culture, Recreation
10 and Tourism as provided in R.S. 36:909. The board shall continue to exercise those
11 powers, duties, and functions with respect to accessions, deaccessions, loans, and
12 conservation of the buildings, collections, and exhibitions of the Louisiana State
13 Museum which it is authorized by law to exercise, all in accordance with
14 professional museum practices as established by the American Association of
15 Museums, except as otherwise provided by law; and the members of the board shall
16 continue to serve as trustees for the William Irby Trust.
17 F. (4) The Board of Commissioners of the State Library of Louisiana (R.S.
18 25:2 et seq.) is transferred to and hereafter shall be within the Department of Culture,
19 Recreation and Tourism, as provided in R.S. 36:910. The board shall continue to
20 select the state librarian in accordance with law.
21 G. (5) The Louisiana State Arts Council (R.S. 25:891 et seq.) is transferred
22 to and hereafter shall be within the Department of Culture, Recreation and Tourism,
23 as provided in R.S. 36:911. The council shall have authority to approve or
24 disapprove the awarding of grants pursuant to applications submitted to the
25 department for funding from funds made available from the National Endowment for
26 the Arts and such other funds as are made available to the council. The council shall
27 further have the authority necessary to administer the juried Louisiana native crafts
28 program, including the authority to appoint a crafts panel and to approve the use, and
29 disallow the continued use, of the logo assuring the quality of a Louisiana
30 craftperson's craft, as further provided in R.S. 25:897 through 900.
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1 (6) The Louisiana National Register Review Committee (R.S. 25:901 et
2 seq.).
3 (7) The Louisiana Folklife Commission (R.S. 25:821 et seq.).
4 (8) The Louisiana Tourism Development Commission (R.S. 51:1251 et seq.
5 and R.S. 48:271). The commission shall continue to exercise those powers, duties,
6 and functions with respect to financial assistance to eligible tourist promotion
7 agencies; it shall nominate applicants for the position of assistant secretary of the
8 office of tourism for the governor's consideration for appointment; it shall review
9 and advise on the selection of promotions and advertising contracts; and it shall
10 make recommendations to and approve the annual plan for tourism marketing, all as
11 provided by law.
12 (9) The Louisiana Civil Rights Museum Advisory Board (R.S. 25:841 et
13 seq.). The board shall exercise and perform its powers, duties, functions, and
14 responsibilities in accordance with accepted standards of museum operations and
15 practices as established by the American Association of Museums.
16 H. B. The following agencies, as defined by R.S. 36:3, are hereby abolished
17 and their powers, duties, functions, and responsibilities are transferred to the
18 secretary of the Department of Culture, Recreation and Tourism and hereafter shall
19 be exercised and performed as provided in Part IV of Chapter 22 of this Title R.S.
20 36:921 et seq.:
21 (1) State Art, Historical and Cultural Preservation Agency (R.S. 25:801 et
22 seq.)
23 (4) State Library of Louisiana (R.S. 25:1, 5-7, and 10-16)
24 (5) (2) Toledo Bend Forest Scenic Drive Commission (R.S. 48:1401 et seq.)
25 (6) (3) Louisiana Art Commission (R.S. 25:301 et seq.)
26 (10) (4) Louisiana Historical Preservation and Cultural Commission (R.S.
27 25:521 et seq.)
28 (13) (5) Orleans Parish Landmarks Commission (R.S. 25:381-382)
29 J. The Louisiana National Register Review Committee (R.S. 25:901 et seq.)
30 is placed within the Department of Culture, Recreation and Tourism and shall
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1 exercise and perform its powers, duties, functions, and responsibilities in the manner
2 provided for agencies transferred in accordance with the provisions of Part III of
3 Chapter 22 of this Title.
4 K. C. The following agencies are hereby placed within the Department of
5 Culture, Recreation and Tourism and shall exercise and perform their powers, duties,
6 functions, and responsibilities in accordance with the provisions of R.S. 36:801.1:
7 (1) The Louisiana Naval War Memorial Commission (R.S. 25:1000 et seq.)
8 is placed within the Department of Culture, Recreation and Tourism and shall
9 exercise and perform its powers, duties, functions, and responsibilities in the manner
10 provided for agencies transferred in accordance with the provisions of R.S. 36:801.1.
11 L. The Louisiana Folklife Commission (R.S. 25:821 et seq.) is placed within
12 the Department of Culture, Recreation and Tourism and shall perform and exercise
13 its powers, duties, functions, and responsibilities in the manner provided for agencies
14 transferred in accordance with the provisions of Part III of Chapter 22 of this Title.
15 M.(1) The Atchafalaya Trace Commission, as more specifically provided in
16 R.S. 25:1221 et seq., shall be placed within the Department of Culture, Recreation
17 and Tourism as provided for agencies transferred in accordance with R.S. 36:802.3.
18 N. (2) The Kenner Naval Museum Commission (R.S. 25:1005 et seq.) is
19 placed within the Department of Culture, Recreation and Tourism and shall exercise
20 and perform its powers, duties, functions, and responsibilities in the manner provided
21 for agencies transferred in accordance with the provisions of R.S. 36:801.1.
22 O. (3) The New Orleans City Park Improvement Association and its board
23 of commissioners (Act No. 130 of 1896; Act No. 104 of 1934; Act No. 492 of 1958;
24 Act No. 405 of 1962; Act No. 865 of 1982; Act No. 569 of 1989; Act No. 13 of 1998
25 First Extraordinary Session; Act No. 395 of 2006) is transferred to the Department
26 of Culture, Recreation and Tourism and shall exercise and perform its powers,
27 duties, functions, and responsibilities as provided for agencies transferred in
28 accordance with the provisions of R.S. 36:801.1.
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1 P. The Louisiana Tourism Development Commission (R.S. 51:1251 et seq.
2 and R.S. 48:271) is hereby transferred to and shall hereafter be within the
3 Department of Culture, Recreation and Tourism, as provided in R.S. 36:912.
4 R. (4) The Council for the Development of French in Louisiana (R.S. 25:651
5 et seq.) is placed within the Department of Culture, Recreation and Tourism and
6 shall exercise and perform its powers, duties, functions, and responsibilities in the
7 manner provided for agencies transferred in accordance with the provisions of R.S.
8 36:801.1.
9 V. The Edward Douglass White Historic Site (R.S. 25:380.10 et seq.) is
10 placed within the office of the state museum of the Department of Culture,
11 Recreation and Tourism as provided in R.S. 36:801.8 and R.S. 25:380.10 et seq.
12 W. The following museums shall be placed within the office of the state
13 museum of the Department of Culture, Recreation and Tourism and shall exercise
14 their powers, duties, functions, and responsibilities as provided in R.S. 36:851.1:
15 (1) The Natchitoches Parish Old Courthouse Museum (R.S.
16 25:342(B)(3)(h)).
17 (2) The Louisiana Political Museum and Hall of Fame (R.S. 25:342(B)(3)(c),
18 352, and 380.141 et seq.).
19 (3) The Louisiana Forestry Museum (R.S. 25:342(B)(3)(d), R.S. 25:352).
20 (4) The Louisiana Sports Hall of Fame (R.S. 25:342(B)(3)(e), R.S. 25:353).
21 (5) The Winn Parish Museum (R.S. 25:342(B)(3)(f), R.S. 25:352).
22 X. D. The following agencies are hereby placed within the Department of
23 Culture, Recreation and Tourism and shall exercise and perform their powers, duties,
24 functions, and responsibilities in accordance with the provisions of R.S. 36:802:
25 (1) The Louisiana Byways Commission (R.S. 56:1948.11 et seq.), is placed
26 within the Department of Culture, Recreation and Tourism and shall exercise and
27 perform its powers, duties, functions, and responsibilities as provided for agencies
28 transferred in accordance with R.S. 36:802.19 except that the commission may
29 appoint the Louisiana Byways Program coordinator and one additional employee as
30 provided in R.S. 56:1948.12(D).
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1 Y. (2) The Louisiana Seafood Promotion and Marketing Board (R.S.
2 56:578.1 et seq.) is placed within the Department of Culture, Recreation and Tourism
3 and shall perform its duties, powers, functions, and responsibilities as provided for
4 agencies transferred in accordance with R.S. 36:802.
5 (3) The Atchafalaya Trace Commission, as more specifically provided for
6 in R.S. 25:1221 et seq., except that the commission shall continue to appoint its own
7 director and assistant director or personnel to fill comparable positions as authorized
8 by law.
9 Z. The Louisiana Civil Rights Museum Advisory Board (R.S. 25:841 et seq.)
10 is placed within the office of the state museum of the Department of Culture,
11 Recreation and Tourism as provided in R.S. 36:919.9 and R.S. 25:841 et seq.
12 E. 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 * * *
16 §309. Transfer of agencies to Louisiana Workforce Commission
17 B. A. The following agencies, as defined by R.S. 36:3, are transferred to and
18 hereafter shall be within the Louisiana Workforce Commission, as provided in R.S.
19 36:802:
20 (1) Employment Security Board of Review (R.S. 23:1621 et seq. and
21 particularly R.S. 23:1652).
22 (2) Louisiana Worker's Compensation Second Injury Board (R.S. 23:1371
23 et seq.).
24 (3) The Louisiana Workforce Investment Council (R.S. 23:2041 et seq. and
25 2091 et seq.)
26 C. B. The following agencies, as defined in R.S. 36:3, are transferred to and
27 hereafter shall be within the Louisiana Workforce Commission, as provided in Part
28 III of Chapter 22 of this Title R.S. 36:901 et seq.:
29 (1) Apprenticeship Council (R.S. 23:381 et seq.)
30 (4) (2) Workers' Compensation Advisory Council (R.S. 23:1294).
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1 D. C. The following agencies, as defined in R.S. 36:3, are transferred to and
2 hereafter shall be within the Louisiana Workforce Commission as provided in R.S.
3 36:803:
4 (1) Board of Barber Examiners (R.S. 37:341 et seq.)
5 (2) State Plumbing Board (R.S. 37:1361 et seq.)
6 E. D. The powers, duties, functions, and responsibilities relating to Louisiana
7 Rehabilitation Services (R.S. 23:3001 et seq.) are hereby transferred to the Louisiana
8 Workforce Commission to be exercised and performed by the executive director, in
9 accordance with provisions of Part IV of Chapter 22 of this Title R.S. 36:921 et seq.
10 F. E. The following agencies are transferred to and hereafter shall be within
11 the Louisiana Workforce Commission and shall perform and exercise their powers,
12 duties, functions, and responsibilities as provided by law:
13 (1) The worker's compensation medical advisory council (R.S. 23:1203.1)
14 is placed within the Louisiana Workforce Commission and shall perform and
15 exercise its powers, duties, functions, and responsibilities as provided by law.
16 G. (2) The Blind Vendors Trust Fund Advisory Board (R.S. 23:3044) is
17 placed within the Louisiana Workforce Commission and shall perform and exercise
18 its powers, duties, functions, and responsibilities as provided by law.
19 * * *
20 §509. Transfer of agencies to Department of Transportation and Development
21 A. The following agencies are hereby transferred to the Department of
22 Transportation and Development and shall exercise and perform their powers, duties
23 functions, and responsibilities as provided by law:
24 B. (1) The Flood Control Project Evaluation Committee (R.S. 38:90.1 et
25 seq.) is placed within the Department of Transportation and Development and shall
26 exercise and perform its powers, duties, functions, and responsibilities as provided
27 by law.
28 (2) The Offshore Terminal Authority (R.S. 34:3101 et seq.).
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1 (3) The Coastal Port Advisory Authority (R.S. 34:3551 et seq.) shall be
2 placed within the office of multimodal planning, Department of Transportation and
3 Development.
4 C. B. The Louisiana Professional Engineering and Land Surveying Board
5 (R.S. 37:681 et seq.) is transferred to and hereafter shall be within the Department
6 of Transportation and Development, as provided in R.S. 36:803.
7 F. C. The following agencies, as defined in R.S. 36:3, are hereby abolished,
8 and their powers, duties, functions, and responsibilities are transferred to the
9 secretary of the Department of Transportation and Development and hereafter shall
10 be exercised and performed as provided in Part IV of Chapter 22 of this Title R.S.
11 36:921 et seq.:
12 (2) (1) The Department of Highways (Article VI, Sections 19, 19.2, 19.3,
13 19.4, 22(1), and 23 of 1921 Louisiana Constitution, made statutory by Article XIV,
14 Section 16(A)(3) of 1974 Louisiana Constitution and such provisions of Title 48 of
15 the Louisiana Revised Statutes of 1950 as apply to the abolished department)
16 (3) (2) Department of Public Works (R.S. 38:1 and such provisions of Title
17 38 of the Louisiana Revised Statutes of 1950 as apply to the abolished department)
18 (4) (3) The Board of Public Works (R.S. 38:7; 38:16)
19 (5) (4) The State Board of Highways (Article VI, Sections 19, 19.2, 19.3,
20 19.4, 22(1), and 23 of the 1921 Louisiana Constitution, made statutory by Article
21 XIV, Section 16(A)(3) of the 1974 Louisiana Constitution, and such provision of
22 Title 48 of the Louisiana Revised Statutes of 1950 as directly relate to said board)
23 (8) (5) Louisiana Expressway Authority (R.S. 48:1251 et seq.)
24 (9) (6) Larose-Lafitte Toll Road Authority (Act No. 335 of 1964 Regular
25 Session)
26 (10) (7) South Central Louisiana Toll Road Authority (Act No. 35 of 1969
27 Regular Session)
28 (11) (8) The Mississippi River Bridge Authority.
29 H. D. The Mississippi River Parkway Commission of Louisiana (R.S. 48:101
30 et seq.) is placed within the Department of Transportation and Development and
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1 shall exercise and perform its powers, duties, functions, and responsibilities as
2 provided for agencies transferred in accordance with the provisions of Part III of
3 Chapter 22 of this Title R.S. 36:901 et seq.
4 K. E. The Louisiana Transportation Authority (R.S. 48:2071 et seq.) is
5 placed within the Department of Transportation and Development and shall perform
6 and exercise its powers, duties, functions, and responsibilities in the manner provided
7 for agencies transferred in accordance with the provisions of R.S. 36:801.
8 L. The Offshore Terminal Authority (R.S. 34:3101 et seq.) is transferred to
9 and hereafter shall be within the Department of Transportation and Development, as
10 provided by law.
11 O. F. The following agencies are placed within the Department of
12 Transportation and Development and shall perform and exercise their powers, duties,
13 functions, and responsibilities in accordance with the provisions of R.S. 36:801.1:
14 (1) The Sabine River Authority, state of Louisiana (Article XIV, Section 45
15 of 1921 Louisiana Constitution, made statutory by Article XIV, Section 16(A)(10)
16 of 1974 Louisiana Constitution; R.S. 38:2321 et seq.) is placed within the
17 Department of Transportation and Development and shall perform and exercise its
18 powers, duties, functions, and responsibilities in the manner provided for agencies
19 transferred in accordance with the provisions of R.S. 36:801.1.
20 Q. (2) The Poverty Point Reservoir District (R.S. 38:3087.1 et seq.) is placed
21 within the Department of Transportation and Development and shall perform and
22 exercise its powers, duties, functions, and responsibilities in the manner provided for
23 agencies transferred in accordance with the provisions of R.S. 36:801.1.
24 U. The Coastal Port Advisory Authority (R.S. 34:3551 et seq.) shall be
25 placed within the office of multimodal planning, Department of Transportation and
26 Development, and shall perform its duties, functions, and responsibilities in the
27 manner provided by law.
28 * * *
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1 §629. Transfer of boards, commissions, departments, and agencies to the
2 Department of Agriculture and Forestry
3 B. A. For purposes of this Chapter, references in Chapters 22 and 24 of this
4 Title to "secretary" shall refer to the commissioner of agriculture and forestry,
5 references to the "undersecretary" shall refer to the assistant commissioner for
6 management and finance, references to an "assistant secretary" shall refer to an
7 assistant commissioner, except the assistant commissioner for management and
8 finance.
9 C. B. The following agencies as defined by R.S. 36:3 are transferred to and
10 hereafter shall be within the Department of Agriculture and Forestry as provided in
11 R.S. 36:802.3 R.S. 36:802, except that they shall continue to appoint their own
12 director and assistant director or personnel to fill comparable positions as authorized
13 by law:
14 (3) (1) Structural Pest Control Commission (R.S. 3:3361 et seq.).
15 (5) (2) Louisiana Board of Animal Health (R.S. 3:2091 et seq. and other
16 provisions of Title 3 of the Louisiana Revised Statutes of 1950 that apply to the
17 board). Notwithstanding the provisions of R.S. 36:802.3 this Subsection, the
18 Louisiana Board of Animal Health shall serve solely in an advisory capacity with
19 respect to the meat inspection program, as provided in R.S. 3:4222(C).
20 (8) (3) Louisiana Commission of Weights and Measures (R.S. 3:4601 et
21 seq.).
22 (9) (4) The Louisiana Animal Control Advisory Task Force (R.S. 3:2364).
23 (5) The Louisiana Aquatic Chelonian Research and Promotion Board (R.S.
24 3:559.21 et seq.).
25 D. C. The following agencies, as defined by R.S. 36:3, are transferred to and
26 hereinafter shall be within the Department of Agriculture and Forestry, as provided
27 in R.S 36:913 R.S. 36:901 et seq., except that the agencies shall continue to appoint
28 their own directors and assistant directors or personnel to fill comparable positions
29 as provided by law:
30 (1) Livestock Brand Commission (R.S. 3:731 et seq.)
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1 (2) Louisiana Advisory Commission on Pesticides (R.S. 3:3211 et seq.)
2 E. D. The following agencies, as defined by R.S. 36:3, are transferred to and
3 hereinafter shall be within the Department of Agriculture and Forestry, as provided
4 in R.S. 36:802.1 R.S. 36:802, except that the commissioner of agriculture shall return
5 all funds that he collects for the agency, including proceeds from assessments and
6 license fees, to the agency less the actual cost of collecting the assessment or license
7 fee. Each such agency shall continue to control its own funds subject to the
8 budgetary review of the commissioner of agriculture and the deputy commissioner
9 for management and finance. In addition, each of the agencies provided for in this
10 Paragraph shall continue to appoint its own director and assistant director or
11 personnel to fill comparable positions as authorized by law:
12 (1) Louisiana Egg Commission (R.S. 3:835 et seq.)
13 (3) (2) Louisiana Rice Promotion Board (R.S. 3:3531 et seq.)
14 (4) (3) Louisiana Rice Research Board (R.S. 3:3541 et seq.)
15 (5) (4) Louisiana Soybean and Grain Research and Promotion Board (R.S.
16 3:3551 et seq.).
17 (6) (5) Louisiana Strawberry Marketing Board (R.S. 3:730.1 et seq.)
18 (7) (6) Louisiana Beef Industry Council (R.S. 3:2051 et seq.)
19 (8) (7) Louisiana Crawfish Promotion and Research Board (R.S. 3:556.1 et
20 seq.)
21 F. E. The Louisiana Sweet Potato Advertising and Development
22 Commission (R.S. 3:1741 et seq.) is hereby transferred to and hereafter shall be
23 within the Department of Agriculture and Forestry as provided in R.S. 36:802.2 R.S.
24 36:802, except that the commissioner of agriculture shall return all funds that he
25 collects for the agency, including proceeds from assessments and license fees, to the
26 agency less the actual cost of collecting the assessment or license fee. The Louisiana
27 Sweet Potato Advertising and Development Commission shall continue to control
28 its own funds subject to the budgetary review of the commissioner of agriculture and
29 the deputy commissioner for management and finance. In addition, the commission
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1 shall continue to employ its own director and such other personnel as is necessary
2 to carry out its functions as provided by law.
3 G. F. The Dairy Stabilization Board (R.S. 3:4101 et seq.) is hereby
4 transferred to and hereafter shall be within the Department of Agriculture and
5 Forestry as provided in R.S. 36:801 until the second Monday in March of 1980, at
6 which time the Dairy Stabilization Board shall be transferred as provided in Part III
7 of Chapter 22 of this Title R.S. 36:901 et seq.
8 H. The Agricultural Chemistry and Seed Commission (R.S. 3:1381 et seq.)
9 is placed within the Department of Agriculture and Forestry and shall perform and
10 exercise its powers, duties, functions, and responsibilities as provided by law.
11 I. G. The Horticulture Commission of Louisiana (R.S. 3:3801 et seq.) is
12 transferred to and hereafter shall be within the Department of Agriculture and
13 Forestry as provided in R.S. 36:802.
14 J. H. The following agencies are placed within the Department of
15 Agriculture and Forestry as provided in R.S. 36:802, except that the agencies, subject
16 to the approval of the commissioner of agriculture and forestry, shall appoint their
17 own directors and assistant directors:
18 (1) The Louisiana Agricultural Commodities Commission (R.S. 3:3401 et
19 seq.) hereafter shall be within the Department of Agriculture and Forestry as
20 provided under R.S. 36:802.6.
21 K. (2) The Louisiana Agricultural Finance Authority (R.S. 3:261 et seq.) is
22 established within the Department of Agriculture and Forestry and hereafter shall
23 exercise and perform its powers, duties, functions, and responsibilities in the manner
24 provided for agencies transferred in accordance with R.S. 36:802.6.
25 L. I. The Dairy Industry Promotion Board (R.S. 3:4151 et seq.) hereafter
26 shall be within the Department of Agriculture and Forestry as provided in R.S.
27 36:802.7. R.S. 36:802, except that the commissioner of agriculture shall return all
28 funds that he collects for the agency, including proceeds from assessments and
29 penalties, to the agency, less the actual cost of collecting the assessments or
30 penalties. The board shall control its own funds subject to the budgetary review of
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1 the assistant commissioner for management and finance and the budgetary approval
2 of the commissioner of agriculture. In addition, the board shall appoint its own
3 director and assistant director, subject to the provisions of R.S. 3:4151 et seq.
4 N. J. The Louisiana Forestry Commission (Article IX, Section 8(B) and (C)
5 of the Constitution of Louisiana and Chapter 28 of Title 3 of the Louisiana Revised
6 Statutes of 1950) hereafter shall be within the Department of Agriculture and
7 Forestry as provided in R.S. 36:802.10. in accordance with the provisions of R.S.
8 36:802, except as otherwise provided in this Subsection:
9 (1) The Louisiana Forestry Commission shall appoint the state forester as
10 provided in Article IX, Section 8(C) of the Constitution of Louisiana and with the
11 consent of the Senate. He shall serve as the assistant commissioner for the office of
12 forestry and as secretary to the Louisiana Forestry Commission.
13 (2) All employees of the office of forestry of the Department of Natural
14 Resources are transferred to the office of forestry of the Department of Agriculture
15 and Forestry.
16 (3) An appropriate percentage of the administrative employee positions, and
17 the employees holding those positions, of the Louisiana Forestry Commission which
18 were transferred to the Department of Natural Resources are transferred to the
19 Department of Agriculture and Forestry. The secretary of natural resources and the
20 commissioner of agriculture and forestry shall jointly determine the appropriate
21 number of administrative positions and personnel to be transferred. This
22 determination and the resulting transfer shall be effected no later than the last day of
23 September of 1986.
24 (4) All funds appropriated to the Louisiana Forestry Commission and the
25 office of forestry of the Department of Natural Resources shall be transferred to
26 those entities in the Department of Agriculture and Forestry.
27 (5) Any appropriation for Fiscal Year 1986-1987 to the Louisiana Forestry
28 Commission or the office of forestry within the Department of Natural Resources
29 shall be deemed to be appropriated to those entities within the Department of
30 Agriculture and Forestry.
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1 (6) All property and facilities owned and operated by, or leased by or for the
2 Louisiana Forestry Commission or the office of forestry of the Department of
3 Natural Resources are transferred to those entities within the Department of
4 Agriculture and Forestry.
5 (7) The fleet of airplanes operated by the Louisiana Forestry Commission
6 and the office of forestry of the Department of Natural Resources is specifically
7 transferred to the Department of Agriculture and Forestry. All airplanes operated by
8 the Department of Agriculture and Forestry shall be under the exclusive jurisdiction
9 of that department. Subject to the provisions of R.S. 2:1, et seq., the department may
10 provide guidelines and procedures for the use and operation of its aircraft.
11 (8) The office of forestry of the Department of Agriculture and Forestry shall
12 be the successor of the office of forestry of the Department of Natural Resources.
13 For purposes of the transfer of functions of the office of forestry from the
14 Department of Natural Resources to the Department of Agriculture and Forestry, the
15 Department of Agriculture and Forestry shall be the successor to the Department of
16 Natural Resources. All unfinished business of the former office and of the former
17 department related thereto shall be completed by, all references in laws and
18 documents to the former office and to the former department related thereto shall be
19 deemed to refer to, and all obligations of the former office and of the former
20 department related thereto shall be the obligations of the successor office and
21 department. All legal proceedings of the former office and of the former department
22 related thereto shall be continued in the name of such former office and department
23 and further proceedings shall be in the name of the successor office and department
24 without the necessity for amendment of any document.
25 O. K. The State Soil and Water Conservation Commission (R.S. 3:1204)
26 hereafter shall be within the Department of Agriculture and Forestry as provided in
27 R.S. 36:802.12 R.S. 36:802, except that the director and assistant director of the
28 commission shall be employed as provided by law.
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1 P. L. The following agencies are transferred to the Department of
2 Agriculture and Forestry and shall perform and exercise their powers, duties,
3 functions, and responsibilities as provided by law:
4 (1) The Louisiana Boll Weevil Eradication Commission (R.S. 3:1601 et seq.)
5 is placed within the Department of Agriculture and Forestry and shall perform and
6 exercise its powers, duties, functions, and responsibilities as provided by law.
7 (2) The Agriculture Chemistry and Seed Commission (R.S. 3:1381 et seq.).
8 Q. The Louisiana Aquatic Chelonian Research and Promotion Board (R.S.
9 3:559.21 et seq.) is placed within the Department of Agriculture and Forestry and
10 shall exercise and perform its powers, duties, functions, and responsibilities in the
11 manner provided for agencies transferred in accordance with R.S. 36:802.3.
12 S. M. The Board of Veterinary Medicine (R.S. 37:1511 et seq.) is hereby
13 transferred to and placed within the Department of Agriculture and Forestry as
14 provided in R.S. 36:803.
15 * * *
16 §651. Transfer of boards, commissions, departments, and agencies to Department
17 of Education; boards, commissions, and agencies within Department of
18 Education
19 B. A. For purposes of this Chapter, references in Chapters 22 and 24 of this
20 Title to the "secretary" shall refer to the state superintendent of education, references
21 to the "undersecretary" shall refer to the deputy superintendent for the office of
22 management and finance, references to an "assistant secretary" shall refer to a deputy
23 superintendent.
24 C. B. The following agencies are hereby transferred to the Department of
25 Education and shall exercise and perform their powers, duties, functions, and
26 responsibilities as provided in R.S. 36:801:
27 (1) The Louisiana Educational Television Authority (R.S. 17:2501 et seq.)
28 is transferred to and hereafter shall be within the Department of Education as
29 provided in R.S. 36:801.
30 (2) The office of instructional technology (R.S. 17:3921 et seq.).
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1 D. C. The following agencies, as defined by R.S. 36:3, are transferred to and
2 hereafter shall be within the Department of Education as provided in R.S. 36:801.1:
3 (1) The Board of Supervisors for the University of Louisiana System (Article
4 VIII, Section 6 of the Constitution of Louisiana of 1974; R.S. 17:1831 et seq. and
5 3201 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes of
6 1950 that apply to the board).
7 (2) Board of Regents (Article VIII, Section 5 of the Constitution of
8 Louisiana of 1974; R.S. 17:3121 et seq. and other provisions of Title 17 of the
9 Louisiana Revised Statutes that apply to the board).
10 (3) Board of Supervisors of Louisiana State University and Agricultural and
11 Mechanical College (Article VIII, Section 7 of the Constitution of Louisiana of
12 1974; R.S. 17:1453 et seq. and 3201 et seq. and other provisions of the Louisiana
13 Revised Statutes that apply to the board).
14 (4) Board of Supervisors of Southern University and Agricultural and
15 Mechanical College (Article VIII, Section 7 of the Constitution of Louisiana of
16 1974; R.S. 17:1851 et seq. and 3201 et seq. and other provisions of Title 17 of the
17 Louisiana Revised Statutes of 1950 that apply to the board).
18 (5) The Board of Supervisors of Community and Technical Colleges (Article
19 VIII, Section 7.1 of the Constitution of Louisiana of 1974; R.S. 17:1871 et seq. and
20 3201 et seq. and other provisions of Title 17 of the Louisiana Revised Statutes of
21 1950 that apply to the board).
22 (8) (6) The board of directors for the New Orleans Center for Creative Arts
23 and its board of directors (R.S. 17:1970.21 et seq.).
24 (9) (7) The board of directors of Thrive Academy (R.S. 17:1971 et seq.).
25 (10) (8) The Health Education Authority of Louisiana (R.S. 17:3051 et seq.).
26 (9) The board of directors for the Jimmy D. Long, Sr. Louisiana School for
27 Math, Science, and the Arts (R.S. 17:1961 et seq.).
28 (10) The Quality Science and Mathematics Council (R.S. 17:371 et seq.).
29 (11) The Governor's Program for Gifted Children (R.S. 17:1989.1 et seq.).
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1 E. D. The State Board of Elementary and Secondary Education (Article VIII,
2 Section 3 of the Constitution of Louisiana of 1974; R.S. 17:1 et seq. and other
3 provisions of Title 17 of the Louisiana Revised Statutes of 1950 that apply to the
4 board) is hereby transferred to and hereafter shall be within the Department of
5 Education as provided in R.S. 36:801.2 R.S. 36:801, except that the board shall be
6 authorized to employ, appoint, remove, assign, and promote such personnel as are
7 necessary for the board to perform its functions as provided by law and by the
8 Constitution of Louisiana and the superintendent shall administer and implement all
9 programs provided or authorized for the board, except as otherwise provided by law
10 or by the Constitution of Louisiana, in accordance with the policies, rules, and
11 regulations established by the board in accordance with the provisions of the
12 Constitution of Louisiana and applicable laws.
13 F. E. The following agencies are placed within the Department of Education
14 and shall exercise and perform their powers, duties, functions, and responsibilities
15 in accordance with the provisions of R.S. 36:802:
16 (1) The Recovery School District (R.S. 17:1990) is placed within the
17 Department of Education and shall exercise and perform its powers, duties,
18 functions, and responsibilities in accordance with the provisions of R.S. 36:802.
19 (2) The Louisiana Environmental Education Commission (R.S. 17:202).
20 G. F. The following agencies, as defined by R.S. 36:3, are transferred to and
21 hereafter shall be within the Department of Education as provided in Part III of
22 Chapter 22 of this Title R.S. 36:901 et seq.:
23 (2) (1) The College and Career Readiness Commission (R.S. 17:3951).
24 (4) (2) The Agricultural Education Commission (R.S. 17:185.4).
25 (5) (3) The ABLE Account Advisory Council (R.S. 17:3089).
26 (4) The task force on student proficiency (R.S. 17:24.4(I)).
27 (8) (5) The Early Childhood Care and Education Commission (R.S.
28 17:407.101).
29 (9) (6) The Cybersecurity Education Management Council (R.S. 17:3138.9).
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1 H. G. The State Department of Education (R.S. 17:24 as provided in Acts
2 1975, No. 274) is hereby abolished and its powers, duties, functions, and
3 responsibilities are transferred to the superintendent of education of the Department
4 of Education and hereafter shall be exercised and performed as provided in Part IV
5 of Chapter 22 of this Title R.S. 36:921 et seq.
6 I. H. The public colleges and universities, the vocational-technical schools
7 of the state and all special schools under the jurisdiction of any agency transferred
8 to the department are hereby transferred into the Department of Education and shall
9 be governed as provided by the constitution and laws of this state.
10 J. I. The advisory councils to postsecondary vocational-technical schools
11 (R.S. 17:1998) are transferred to and hereafter shall be within the Department of
12 Education but shall retain their function of advising the Board of Supervisors of
13 Community and Technical Colleges.
14 L. J. The Advisory Commission on Proprietary Schools (R.S. 17:3140.1 et
15 seq.) is placed within the Department of Education and shall exercise and perform
16 its powers, duties, functions, and responsibilities in the manner provided in R.S.
17 36:801.5 36:801. However, the commission shall exercise all powers, duties,
18 functions, and responsibilities provided or authorized for the commission by the
19 Constitution of Louisiana and laws, and particularly the provisions of R.S. 17:3140.1
20 through 3140.17, and shall exercise all such powers, duties, functions, and
21 responsibilities in the manner and to the extent so provided or authorized. The
22 agency shall be under the jurisdiction of the Board of Regents, and the Board of
23 Regents shall have such powers, duties, functions, and responsibilities relative to the
24 agency as otherwise provided by law. All personnel employed or assigned to
25 administer and implement the powers, duties, functions, and responsibilities of the
26 agency shall be employees of the Board of Regents. Except as otherwise provided
27 by law, the Board of Regents shall perform and administer all functions of the
28 agency which are in the nature of accounting and budget control, procurement and
29 contract management, management and program analysis, data processing, personnel
30 management, and grants management.
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1 O. The Louisiana Hall of Fame for the Arts election board (R.S. 17:1815)
2 is placed within the Department of Education and shall exercise and perform its
3 powers, duties, functions, and responsibilities as provided by law.
4 P. The Task Force on Student Proficiency (R.S. 17:24.4(I)) is placed within
5 the Department of Education and shall exercise and perform its powers, duties,
6 functions, and responsibilities in the manner provided for agencies transferred under
7 the provisions of Part III of Chapter 22 of this Title.
8 Q. The Jimmy D. Long, Sr. Louisiana School for Math, Science, and the Arts
9 and its board of directors (R.S. 17:1961 et seq.) is placed within the Department of
10 Education and shall exercise and perform its powers, duties, functions, and
11 responsibilities in the manner provided for agencies transferred in accordance with
12 the provisions of R.S. 36:801.1.
13 S. The Louisiana Fire and Emergency Training Commission (R.S. 40:1541)
14 shall be within the Department of Education as provided in R.S. 40:1541.
15 T. K. The following agencies are placed within the Department of Education
16 and shall perform and exercise their powers, duties, functions, and responsibilities
17 as provided by law:
18 (1) Statewide Articulation and Transfer Council (R.S. 17:3162).
19 (2) Process Technology Advisory Board (R.S. 17:3398.2).
20 (3) Louisiana Tuition Trust Authority (R.S. 17:3091 17:3093 et seq.).
21 (4) Governing board of the Louisiana Cancer Research Center of LSU
22 Health Sciences Center in New Orleans/Tulane Health Sciences Center (R.S.
23 17:1922 et seq.).
24 (5) Louisiana State University Health Sciences Center Health Maintenance
25 Organization (R.S. 22:2181 et seq.).
26 (6) The Louisiana Science, Technology, Engineering, and Mathematics
27 Advisory Council (R.S. 17:4071).
28 (7) The Advisory Council on Historically Black Colleges and Universities
29 (R.S. 17:3138.7).
30 (8) The Louisiana Hall of Fame for the Arts election board (R.S. 17:1815).
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1 (9) The Louisiana Fire and Emergency Training Commission (R.S. 40:1541).
2 U. The office of instructional technology (R.S. 17:3921 et seq.) is placed
3 within the Department of Education and shall exercise and perform its powers,
4 duties, functions, and responsibilities in accordance with the provisions of R.S.
5 36:801.
6 Y. The Quality Science and Mathematics Council (R.S. 17:371 et seq.) is
7 placed within the Department of Education and shall exercise and perform its
8 powers, duties, functions, and responsibilities in the manner provided for agencies
9 transferred under the provisions of R.S. 36:801.1.
10 Z. The Governor's Program for Gifted Children (R.S. 17:1989.1 et seq.) is
11 placed within the Department of Education and shall exercise and perform its
12 powers, duties, functions, and responsibilities in the manner provided for agencies
13 transferred in accordance with the provisions of R.S. 36:801.1.
14 AA. L.(1) The following agencies are placed within the Department of
15 Education as provided by Paragraph (2) of this Subsection and shall exercise all
16 powers, duties, functions, and responsibilities provided or authorized for such
17 agencies by the Constitution of Louisiana and laws and shall exercise all such
18 powers, duties, functions, and responsibilities in the manner and to the extent so
19 provided or authorized:
20 (1) (a) The Louisiana Health Works Commission (R.S. 17:2048.51) is placed
21 within the Department of Education and shall exercise and perform its powers,
22 duties, functions, and responsibilities in the manner provided for agencies transferred
23 in accordance with the provisions of R.S. 36:801.5.
24 (2) (b) The Nursing Supply and Demand Council (R.S. 37:1007) is placed
25 within the Department of Education and shall exercise and perform its powers,
26 duties, functions, and responsibilities in the manner provided for agencies transferred
27 in accordance with the provisions of R.S. 36:801.5.
28 (3) (c) The Simulation Medical Training and Education Council for
29 Louisiana (R.S. 17:2048.61) is placed within the Department of Education under the
30 Louisiana Health Works Commission and shall exercise and perform its powers,
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1 duties, functions, and responsibilities in the manner provided for agencies transferred
2 in accordance with the provisions of R.S. 36:801.5.
3 (2) The agencies transferred by this Subsection shall be under the jurisdiction
4 of the Board of Regents, and the Board of Regents shall have such powers, duties,
5 functions, and responsibilities relative to the agencies as otherwise provided by law.
6 All personnel employed or assigned to administer and implement the powers, duties,
7 functions, and responsibilities of the agencies shall be employees of the Board of
8 Regents. Except as otherwise provided by law, the Board of Regents shall perform
9 and administer all functions of the agencies which are in the nature of accounting and
10 budget control, procurement and contract management, management and program
11 analysis, data processing, personnel management, and grants management.
12 BB. M. The Louisiana Student Financial Assistance Commission (R.S.
13 17:3021 et seq.) is hereby abolished and its powers, duties, functions, and
14 responsibilities are hereby transferred to the Board of Regents. All reference in law
15 to the Louisiana Student Financial Assistance Commission shall refer to the Board
16 of Regents.
17 CC. The Louisiana Environmental Education Commission is placed within
18 the Department of Education and shall exercise and perform its powers, duties,
19 functions, and responsibilities in accordance with the provisions of R.S. 36:802.
20 * * *
21 §686. Transfer of agencies to the Department of Insurance
22 A. The following agencies are transferred to the Department of Insurance
23 and shall exercise their powers, duties, functions, and responsibilities in the manner
24 provided in R.S. 36:801.1:
25 (1) The Board of Directors of the Property Insurance Association of
26 Louisiana (R.S. 22:1460).
27 (2) The Governing Committee of the Louisiana Joint Reinsurance Plan (R.S.
28 22:2336-2347).
29 (3) The Governing Committee of the Louisiana Insurance Underwriting Plan
30 (R.S. 22:2322-2334).
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1 (4) The Governing Committee of the Louisiana Automobile Insurance Plan
2 (R.S. 22:1475).
3 (5) The Board of Directors of the Louisiana Citizens Property Insurance
4 Corporation (R.S. 22:2291 et seq.).
5 B. The following agencies are transferred to the Department of Insurance
6 and shall exercise their powers, duties, functions, and responsibilities in the manner
7 provided in R.S. 36:801:
8 (1) The Board of Directors of the Louisiana Consortium of Insurance and
9 Financial Services (R.S. 22:2141 et seq.).
10 (2) The Advisory Committee of the Louisiana Consortium of Insurance and
11 Financial Services (R.S. 22:2141 et seq.).
12 C. The following agencies are transferred to the Department of Insurance
13 and shall exercise their powers, duties, functions, and responsibilities in the manner
14 provided in R.S. 36:802:
15 (2) (1) The Louisiana Property and Casualty Insurance Commission (R.S.
16 22:2171).
17 (2) The Louisiana Mandated Health Benefits Commission (R.S. 22:2187).
18 D. The Louisiana Health Care Commission (R.S. 22:2161) is transferred to
19 the Department of Insurance and shall exercise its powers, duties, functions, and
20 responsibilities in the manner provided in R.S. 36:802.16 R.S. 36:802, except that
21 the commission shall continue to appoint its own director and assistant director
22 subject to the approval of the commissioner of insurance.
23 E. The Board of Directors of the Louisiana Automobile Theft and Insurance
24 Fraud Prevention Authority (R.S. 22:2131 et seq.) is transferred to the Department
25 of Insurance and shall exercise its powers, duties, functions, and responsibilities in
26 the manner provided in R.S. 36:802.21 R.S. 36:802, except that the commission shall
27 continue to appoint its own director and assistant director who shall serve at the
28 pleasure of the commissioner of insurance.
29 F. The Louisiana Mandated Health Benefits Commission (R.S. 22:2187) is
30 hereby placed within the Department of Insurance and shall exercise its powers,
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1 duties, functions, and responsibilities in the same manner as agencies transferred in
2 the manner provided in R.S. 36:802.
3 G. F. The board of review for public fire protection grading (R.S. 22:1461)
4 is hereby placed within the Department of Insurance and shall exercise its powers,
5 duties, functions, and responsibilities in the manner provided by law.
6 * * *
7 §744. Transfer of boards, commissions, and agencies to the Department of State
8 B. A. For purposes of this Chapter, references in Chapters 22 and 24 of this
9 Title to the "secretary", the "undersecretary" or an "assistant secretary" shall refer to
10 the secretary of state.
11 C. B. The State Board of Election Supervisors (R.S. 18:23-27) shall be
12 within the Department of State, as provided in R.S. 36:802.
13 D. C. The following agencies are placed within the Department of State in
14 accordance with the provisions of R.S. 36:901 et seq. except as otherwise provided
15 by this Subsection:
16 (1) The Louisiana Historical Records Advisory Board (R.S. 44:501-503) is
17 hereby transferred to and hereafter shall be within the Department of State as
18 provided in Part III of Chapter 22 of this Title.
19 (2) The Advisory Board of the Old State Capitol (R.S. 25:371 et seq.). The
20 board may solicit and accept gifts and donations for the purposes of the Old State
21 Capitol. Any funds accepted as a gift or donation may be expended by the
22 department as otherwise provided by law.
23 (3) The Eddie G. Robinson Museum Commission (R.S. 25:1241 et seq.). The
24 commission may solicit and accept gifts and donations for the purposes of the
25 museum. Any funds accepted as a gift or donation may be expended by the
26 department as otherwise provided by law.
27 (4) The Advisory Board of the Louisiana State Archives (R.S. 44:427).
28 E. D. The following agencies are abolished and their powers, duties,
29 functions, and responsibilities are hereby transferred to the secretary of state in
30 accordance with the provisions of R.S. 36:921 et seq.:
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1 (1) The State Archives and Records Commission and the State Archives and
2 Records Service (R.S. 25:127 and R.S. 44:404 et seq.) are hereby abolished and their
3 powers, duties, functions, and responsibilities are transferred to the secretary of state
4 and hereafter shall be exercised and performed as provided in Part IV of Chapter 22
5 of this Title.
6 F. The Advisory Board of the Old State Capitol (R.S. 25:371 et seq.) is
7 placed within the Department of State and shall perform and exercise its powers,
8 duties, functions, and responsibilities in the manner provided for agencies transferred
9 in accordance with the provisions of R.S. 36:919.1.
10 G. (2) The Old State Capitol Memorial Commission (Act 250 of 1948; Act
11 233 of 1954; Act 154 of 1965) is hereby abolished and its powers, duties, functions,
12 and responsibilities are transferred to the secretary of state and hereafter shall be
13 exercised and performed as provided in Part IV of Chapter 22 of this Title.
14 H. The Old State Capitol and the Advisory Board of the Old State Capitol
15 are transferred to and placed within the Department of State as provided in R.S.
16 25:371 et seq. and R.S. 36:919.1.
17 I. The Regional Museum Governing Board of the Louisiana State Exhibit
18 Museum (R.S. 25:379 et seq.) is placed within the Department of State and shall
19 perform and exercise its powers, duties, functions, and responsibilities in the manner
20 provided for agencies transferred in accordance with the provisions of R.S. 36:801.6.
21 J. The Louisiana State Exhibit Museum (R.S. 25:379 et seq.) is transferred
22 to and placed within the Department of State as provided in R.S. 36:801.6.
23 L. The Louisiana State Cotton Museum (R.S. 25:380 et seq.) is placed within
24 the Department of State as provided in R.S. 36:801.7.
25 N. The Louisiana State Oil and Gas Museum (R.S. 25:380.21 et seq.) is
26 placed within the Department of State as provided in R.S. 36:801.9.
27 Q. The Eddie G. Robinson Museum Commission (R.S. 25:1241 et seq.) is
28 placed in the Department of State as provided in R.S. 36:919.6.
29 R. E. The office of commissioner of elections is merged and consolidated
30 with the office of secretary of state, and the Department of Elections and Registration
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1 is merged and consolidated with the Department of State pursuant to the authority
2 of Article IV, Section 20 of the Constitution of Louisiana. In order to accomplish
3 the merger and consolidation of the office of commissioner of elections with the
4 office of secretary of state, the office of commissioner of elections shall be
5 continued, but the office of commissioner of elections is transferred to the
6 Department of State in the manner provided for agencies transferred pursuant to Part
7 II of Chapter 22 of this Title R.S. 36:851 et seq. and, for purposes of such transfer,
8 the office of commissioner of elections shall be considered a transferred agency as
9 provided in Part II of Chapter 22 R.S. 36:851 et seq. However, the commissioner of
10 elections shall be an agent for service of process as provided in R.S. 18:44(B)(7).
11 To accomplish the merger and consolidation of the Department of Elections and
12 Registration with the Department of State, the Department of Elections and
13 Registration and its powers, duties, functions, and responsibilities are transferred to
14 the Department of State as provided in Part II of Chapter 22 of this Title R.S. 36:851
15 et seq.
16 F.(1) The following agencies are placed within the Department of State and
17 shall perform and exercise their powers, duties, functions, and responsibilities in
18 accordance with the provisions of this Subsection and as otherwise provided by law:
19 S. (a) The governing board of the Louisiana Delta Music Museum (R.S.
20 25:380.51 et seq.) and its governing board are placed within the Department of State
21 as provided in R.S. 36:801.12.
22 V. (b) The governing board of the Tioga Heritage Park and Museum (R.S.
23 25:380.81 et seq.) and its governing board are placed within the Department of State
24 as provided in R.S. 36:801.15.
25 W. (c) The governing board of the Mansfield Female College Museum (R.S.
26 25:380.91 et seq.) and its governing board are placed within the Department of State
27 as provided in R.S. 36:801.16.
28 BB. (d) The governing board of the Germantown Colony Museum (R.S.
29 25:380.151 et seq.) and its governing board are placed within the Department of
30 State as provided in R.S. 36:801.22.
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1 (e) The Regional Museum Governing Board of the Louisiana State Exhibit
2 Museum (R.S. 25:379 et seq.).
3 (f) The governing board of the Louisiana State Cotton Museum (R.S. 25:380
4 et seq.).
5 (g) The governing board of the Louisiana State Oil and Gas Museum (R.S.
6 25:380.21 et seq.).
7 (2)(a) The governing board of any museum transferred pursuant to this
8 Subsection may solicit and accept gifts and donations for the purposes of the
9 museum. Any funds so accepted may be expended by the boards or by the
10 Department of State as otherwise provided by law.
11 (b) The governing boards placed within the Department of State in
12 accordance with the provisions of this Subsection shall exercise all powers, duties,
13 functions, and responsibilities provided or authorized by law which are in the nature
14 of regulation, enforcement, or adjudication. The boards shall exercise all advisory
15 powers, duties, and functions provided by law. The boards shall administer and
16 implement all programs provided or authorized by law. The boards shall be
17 responsible for the performance and administration of their day-to-day operations,
18 except that the secretary of the department shall be responsible for those matters
19 which are in the nature of accounting, payroll, budget control, procurement, data
20 processing, and personnel management, and shall have the authority to transfer or
21 implement any or all of said functions through the secretary and the department.
22 (c) The provisions of R.S. 36:810 and 811 are applicable to each board
23 placed within the department by this Subsection.
24 (d) No records, books, or papers stored in the museum vault or on museum
25 premises shall be removed or transferred from the museum without approval of the
26 governing board.
27 DD. The Advisory Board of the Louisiana State Archives (R.S. 44:427) is
28 placed within the Department of State and shall perform and exercise its powers,
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1 duties, functions, and responsibilities in the manner provided for agencies transferred
2 in accordance with R.S. 36:901 et seq.
3 * * *
4 §801. Transfer; retention of functions
5 The agencies transferred by the provisions of R.S. 36:53(A), 109(U), 409(B),
6 478(K), 509(K), and 610(K), and 651(C) shall continue to be composed and selected
7 as provided by law; each agency shall continue to exercise all powers, duties,
8 functions, and responsibilities provided or authorized for each by the constitution or
9 laws which are in the nature of policymaking, rulemaking, licensing, regulation,
10 enforcement, or adjudication and also shall continue to exercise all advisory powers,
11 duties, and functions provided by law; each agency shall continue to administer and
12 implement all programs provided or authorized for each by law which relate to
13 rulemaking, licensing, regulation, enforcement, and adjudication; each agency shall
14 continue to be governed by the Administrative Procedure Act, in its entirety,
15 including provisions relative to adjudication proceedings, unless otherwise
16 specifically provided by law; the executive head of each such agency shall employ,
17 appoint, remove, assign, and promote such personnel as is necessary for the efficient
18 administration of such powers, duties, functions, and responsibilities and for the
19 administration and implementation of such programs, in accordance with applicable
20 civil service laws, rules, and regulations, and with policies and rules of the
21 department to which the agency is transferred, and subject to budgetary control and
22 applicable laws; except as specifically provided in Paragraphs (1), (2), and (3) of this
23 Section. The agencies transferred as provided in this Section shall exercise the
24 powers, duties, functions, and responsibilities and shall administer and implement
25 the programs authorized in this Section independently of the secretary, the
26 undersecretary, and any assistant secretary, except that:
27 * * *
28 §801.1. Transfer; retention of all functions
29 A. The agencies transferred in accordance with this Section, including those
30 transferred by the provisions of R.S. 36:4(B)(1)(dd) and (18) and (D), 4.1(C) and
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1 (G), 53(H) and (J), 209(R), 259(B)(24), 409(N), 509(O), 651(D), and 725(A), shall
2 continue to be comprised and selected as provided by law.
3 * * *
4 §802. Transfer; retention of policymaking and rulemaking functions
5 The agencies transferred in accordance with this Section, including those
6 transferred by the provisions of R.S. 36:209(Q) and (Y), R.S. 36:259(B)(19), 309(B),
7 409(C), 459(B), 610(B), 629(I), 651(CC), and 769(C), shall continue to be composed
8 and selected as provided by law, and each shall continue to exercise all of the
9 powers, duties, functions, and responsibilities provided or authorized for each by the
10 constitution or laws which are in the nature of policymaking, rulemaking, licensing,
11 regulation, enforcement, or adjudication and also shall continue to exercise all
12 advisory powers, duties, functions, and responsibilities provided by law. Such
13 powers, duties, functions, and responsibilities shall be exercised independently of the
14 secretary and any assistant secretary, except that:
15 * * *
16 §803. Transfer; licensing agencies
17 A.(1) Each of the agencies transferred in accordance with this Section,
18 including those transferred by the provisions of R.S. 36:4.1(D), 209(D), R.S.
19 36:259(A), 309(D), and 409(D), and 509(C), all of which are charged by law with
20 the responsibility for the regulation, examination, certification, and licensing of
21 persons in this state, and the enforcement of the laws relating thereto, shall continue
22 to be composed and selected as provided by law, and each shall continue to exercise
23 all of the powers, duties, functions, and responsibilities provided or authorized for
24 each by the constitution or laws which are in the nature of policymaking,
25 rulemaking, certification, licensing, regulation, enforcement, or adjudication and also
26 shall continue to exercise all advisory powers, duties, functions, and responsibilities
27 provided by law.
28 * * *
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1 §851. Transfer; merger and consolidation of functions
2 A. The powers, duties, functions, responsibilities, programs, and operations
3 as vested by the constitution and laws of this state, of each of the agencies transferred
4 in accordance with this Part, including those transferred by the provisions of R.S.
5 36:209(B), R.S. 36:259(C), 409(O), and 610(D), upon and after the date of each such
6 transfer shall be exercised by and be under the administration and control of the
7 secretary of the department to which each is transferred, except for those functions
8 of each which are required to be performed and administered by the undersecretary
9 of each department, as heretofore provided for each by this Title.
10 * * *
11 §901. Transfer; merger and consolidation of functions; advisory agency
12 A. The functions, powers, duties, responsibilities, programs, and operations
13 of each of the agencies transferred in accordance with this Part, including those
14 transferred by the provisions of R.S. 36:209(C), R.S.36:259(T), 309(C), and 409(E),
15 651(G), and 744(D) on the date of each such transfer shall vest in and thereafter be
16 the responsibility of the secretary of the department to which the transfer is made and
17 shall be administered by the secretary in accordance with the powers vested in him
18 by this Title and the applicable laws pertaining to each agency, except for those
19 functions of each which are required to be performed and administered by the
20 undersecretary of the department as heretofore provided for each by this Title. Each
21 agency thus transferred shall continue in existence, the members thereof shall
22 continue in office and hereafter shall be selected in the manner provided by law for
23 each, and each agency hereafter shall serve solely in an advisory capacity to the
24 secretary with respect to policies concerning matters within the purview of each as
25 originally created.
26 * * *
27 §921. Transfer, merger and consolidation of functions
28 A. The powers, duties, functions, responsibilities, programs, and operations
29 as vested by the constitution and laws of the state of each of the agencies abolished,
30 including those abolished by the provisions of R.S. 36:4.1(E), 109(G), 209(H),
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1 R.S.36:259(F), 409(F), 459(C), 509(F), and 610(C), 651(H) and (K), 744(E), and
2 769(E), upon and after the date of each such abolition shall be exercised and
3 performed by and be under the administration and control of the secretary of the
4 department to which such powers, duties, functions, and responsibilities are
5 transferred. The secretary shall assign those functions of each which are required to
6 be performed and administered by the undersecretary of each department, as
7 heretofore provided for each department by this Title, to the undersecretary.
8 * * *
9 Section 6. R.S. 42:808(A)(6) is hereby amended and reenacted to read as follows:
10 §808. Eligibility in group programs
11 A. For the purposes of participating in life, health, or other programs
12 sponsored by the Office of Group Benefits, an employee is defined as:
13 * * *
14 (6) Notwithstanding any provision of this Chapter to the contrary, any
15 employee of the New Orleans City Park Improvement Association, which is within
16 the Department of Culture, Recreation and Tourism pursuant to the provisions of
17 R.S. 36:209(O) R.S. 36:209(C), who is a participant in a program or programs
18 administered by the Office of Group Benefits and who is transferred to a non-profit
19 corporation recognized as a 501(c)(3) entity under the Internal Revenue Code of
20 1954, as amended, which transfer is made pursuant to a cooperative endeavor
21 agreement which provides for the non-profit corporation to provide certain
22 maintenance, administration, and operating functions on behalf of the New Orleans
23 City Park Improvement Association.
24 * * *
25 Section 7. R.S. 51:1253(3) is hereby amended and reenacted to read as follows:
26 §1253. Definition of terms
27 For the purposes of this Subpart, the terms used herein shall have the
28 following meanings unless the context clearly indicates otherwise:
29 * * *
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1 (3) "Commission" means the Louisiana Tourism Development Commission
2 created by R.S. 51:1256 and transferred into the department by R.S. 36:209(P) R.S.
3 36:209(A).
4 * * *
5 Section 8. Section 3 of Act No. 180 of the 2020 Regular Session of the Legislature
6 is hereby amended and reenacted to read as follows:
7 Section 3. R.S. 17:407.23(D)(3), Part X-F of Chapter 1 of Title 17 of the Louisiana
8 Revised Statutes of 1950, comprised of R.S. 17:407.101, and R.S. 36:651(G)(8) R.S.
9 36:651(F)(5) are hereby repealed in their entirety.
10 Section 9. R.S. 36:4.1(F) and (G), 801.2, 801.5, 801.6, 801.7, 801.9, 801.12, 801.15,
11 801.16, 801.22, 802.1, 802.2, 802.3, 802.6, 802.7, 802.10, 802.12, 802.16, 802.19, 802.21,
12 851.1, 908, 909, 910, 911, 912, 913, 919.1, 919.6, and 919.9 are hereby repealed in their
13 entirety.
14 Section 10.A. The provisions of this Act are intended to be technical in nature, and
15 the Louisiana State Law Institute is hereby authorized to update any citation references in
16 Louisiana Law to conform with the changes made by this Act.
17 B. If House Bill No. 230 of the 2021 Regular Session becomes law, the Louisiana
18 State Law Institute is hereby authorized to remove R.S. 36:629(B)(5) as amended and
19 reenacted by this Act in accordance with the provisions of House Bill No. 230 of the 2021
20 Regular Session that repeal R.S. 36:629(Q).
21 C. If House Bill No. 253 of the 2021 Regular Session becomes law, the Louisiana
22 State Law Institute is hereby authorized to redesignate R.S. 36:651(D)(11) as enacted by that
23 Act to R.S. 36:651(C)(12).
24 D. If Senate Bill No. 103 of the 2021 Regular Session becomes law, then the
25 Louisiana State Law Institute is hereby authorized to redesignate R.S. 36:629(T) as enacted
26 by that Act as R.S. 36:629(L)(3).
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1 E. If Senate Bill No. 221 of the 2021 Regular Session becomes law, then the
2 Louisiana State Law Institute is hereby authorized to redesignate R.S. 36:744(O) and (P) as
3 enacted by that Act as R.S. 36:744(G) and (H).
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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