Terms Used In Louisiana Revised Statutes 36:4

  • Agency: means and includes the boards, commissions, departments, agencies, offices, officers, and other instrumentalities, or any or all of these, within the executive branch of state government which are abolished by this Title or which are transferred and placed within departments of the state government created and established or continued by this Title or transferred to and placed within the office of the governor as provided by this Title. See Louisiana Revised Statutes 36:3
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Office: means each principal operational unit within a department, except the executive office of the secretary. See Louisiana Revised Statutes 36:3
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Statute: A law passed by a legislature.
  • Undersecretary: means the officer designated to direct and be responsible for the functions of the office of management and finance of certain departments. See Louisiana Revised Statutes 36:3

            A. In accordance with the provisions of Article IV, Section 1 and La. Const. Art. XIV, § 6 , all offices, boards, commissions, agencies, and instrumentalities of the executive branch of state government, whether constitutional or statutory, and/or their functions, powers, duties, and responsibilities shall be allocated, either in the Act by which this Title was created or by legislation enacted subsequent thereto, within the departments listed in this Section, except as provided in Subsections B and C of this Section, and in order to comply with this constitutional mandate, the agencies of the executive branch of state government hereinafter enumerated, whether heretofore created by the constitution or by statute, and/or their functions, powers, duties, and responsibilities are allocated, in the manner hereinafter set forth in this Title, within the following designated departments:

            (1) Department of State Civil Service.

            (2) Department of Economic Development.

            (3) Department of Culture, Recreation and Tourism.

            (4) Department of Environmental Quality.

            (5) Louisiana Department of Health.

            (6) Louisiana Workforce Commission.

NOTE: Paragraph (7) eff. until Jan. 10, 2024. See Acts 2023, No. 150.

            (7) Department of Natural Resources.

NOTE: Paragraph (7) eff. Jan. 10, 2024. See Acts 2023, No. 150.

            (7) Department of Energy and Natural Resources

            (8) Department of Public Safety and Corrections.

            (9) Department of Revenue.

            (10) Department of Children and Family Services.

            (11) Department of Transportation and Development.

            (12) Department of Wildlife and Fisheries.

            (13) Department of Agriculture and Forestry.

            (14) Department of Education.

NOTE: Paragraph (15) as enacted by Acts 2013, No. 384, §3, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.

            (15) Department of Elderly Affairs.

            (16) Department of Insurance.

            (17) Department of Justice.

            (18) Department of Public Service.

            (19) Department of State.

            (20) Department of the Treasury.

            (21) Department of Veterans Affairs.

            B. The office of the governor shall be in the executive branch of state government. The governor may allocate within his office the powers, duties, funds, functions, appropriations, responsibilities, and personnel of the agencies within his office and provide for the administration thereof and for the organization of his office. The following agencies and their powers, duties, functions, and responsibilities are hereby transferred to the office of the governor:

            (1) Division of administration (including but not limited to Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950 generally). The following agencies are placed within the division of administration:

            (a) Office of state procurement (La. Rev. Stat. 39:1551 et seq.).

            (b) Division of state buildings (La. Rev. Stat. 49:141).

            (c) Office of facility planning and control (La. Rev. Stat. 39:101 et seq.).

            (d) Office of technology services (La. Rev. Stat. 39:15.1 et seq.), including the Louisiana Geographic Information Systems Council (La. Rev. Stat. 49:1051 et seq.).

            (e) Office of the State Register (La. Rev. Stat. 49:953 and 981 et seq.).

            (f) Cash Management Review Board (La. Rev. Stat. 39:88.1 et seq. and 371 et seq.).

            (g) Patient’s Compensation Fund Oversight Board, as established by La. Rev. Stat. 40:1231.4, which shall exercise and perform its powers, duties, functions, and responsibilities as provided in La. Rev. Stat. 36:801.1, and shall continue to appoint its executive director and other personnel as provided by law.

            (h) Office of Group Benefits (La. Rev. Stat. 42:801). The Group Benefits Policy and Planning Board (La. Rev. Stat. 42:881 et seq.) shall be within the Office of Group Benefits.

            (i) Louisiana Tax Commission (La. Rev. Stat. 47:1831 et seq.), which shall perform and exercise its powers, duties, functions, and responsibilities as provided in La. Rev. Stat. 36:801.1.

            (j) The powers, duties, functions, and responsibilities of the Board of Commissioners of Camp Moore Confederate Cemetery (La. Rev. Stat. 29:432 through 435), formerly abolished, are hereby transferred to the division of administration, state land office. The state land office may enter into a cooperative endeavor agreement with the Camp Moore Historical Association for the operation and maintenance of the Camp Moore Museum and Cemetery.

            (k) Office of the state Americans with Disabilities Act coordinator (La. Rev. Stat. 46:2591 et seq.).

            (l) Louisiana Cybersecurity Commission (La. Rev. Stat. 39:15.11 et seq.).

            (2) Occupational Forecasting Conference (La. Rev. Stat. 23:76).

            (3) Governor’s Office of Homeland Security and Emergency Preparedness (La. Rev. Stat. 29:721 et seq.).

            (4) Louisiana Architects Selection Board (La. Rev. Stat. 38:2311).

            (5) Louisiana Engineers Selection Board (La. Rev. Stat. 38:2311).

            (6) Louisiana Landscape Architects Selection Board (La. Rev. Stat. 38:2311).

            (7) Military Department, state of Louisiana (La. Rev. Stat. 29:1 et seq., excluding provisions for the Governor’s Office of Homeland Security and Emergency Preparedness).

            (8) Law Enforcement Executive Management Institute and its board (La. Rev. Stat. 33:2341 et seq.).

            (9) Louisiana Stadium and Exposition District, Board of Commissioners (Act No. 541 of the 1976 Regular Session of the Legislature).

            (10) Mental Health Advocacy Service and its board of trustees (La. Rev. Stat. 28:64).

            (11) Louisiana Commission on Law Enforcement and Administration of Criminal Justice ( La. Rev. Stat. 15:1201 et seq.). The following agencies are placed under the jurisdiction of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice:

            (a) Council on Peace Officer Standards and Training (La. Rev. Stat. 40:2401 et seq.).

            (b) Crime Victims Reparations Board (La. Rev. Stat. 46:1801 and La. Rev. Stat. 15:1223).

            (c) Louisiana Sentencing Commission (La. Rev. Stat. 15:321 et seq.).

            (12) Louisiana Sheriff’s Executive Management Institute (La. Rev. Stat. 13:5631 et seq.).

            (13) Office of life-long learning (La. Rev. Stat. 17:3931 and 3932).

            (14) The governor may establish within his office an office of civil rights (La. Rev. Stat. 49:213).

            NOTE: Paragraph (B)(15) repealed by Acts 2013, No. 384, and Acts 2022, No. 623, §10, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.

            (15) Office of elderly affairs and the Louisiana Executive Board on Aging (La. Rev. Stat. 46:931 et seq.).

            (16) Office of disability affairs (La. Rev. Stat. 46:2581 and 2582).

            (17) Children’s Cabinet and the Children’s Cabinet Advisory Board (La. Rev. Stat. 46:2601 through 2606), Children’s Trust Dedicated Fund Account (La. Rev. Stat. 46:2401 through 2407), and Council on the Status of Grandparents Raising Grandchildren (La. Rev. Stat. 46:2605.1 through 2605.3).

            (18) Rural Water Infrastructure Committee (La. Rev. Stat. 49:220.31 et seq.) which shall perform its powers, duties, and functions as provided by law.

            (19) Louisiana Commission on Human Rights (La. Rev. Stat. 51:2231 through 2265).

            (20) Office of the coordinator of faith-based programs (La. Rev. Stat. 49:210.2).

            (21) The Louisiana Public Defender Board (La. Rev. Stat. 15:141 et seq.) shall be placed within the office of the governor as an independent agency and shall exercise its powers, duties, functions, and responsibilities in accordance with the provisions of La. Rev. Stat. 36:801.1.

            (22) Juvenile Justice Reform Act Implementation Commission (La. Rev. Stat. 46:2751 through 2757), which shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.

            (23) Office on women’s policy (La. Rev. Stat. 46:2521 through 2525). The Louisiana Women’s Policy and Research Commission (La. Rev. Stat. 46:2525) is placed within the office on women’s policy.

            (24) Governor’s Office of Indian Affairs (La. Rev. Stat. 46:2301 et seq.), which shall perform and exercise its powers, duties, functions, and responsibilities in accordance with the provisions of La. Rev. Stat. 36:802.

            (25) Intrastate Mutual Aid Subcommittee (La. Rev. Stat. 29:739) which shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.

            (26) Office of the state inspector general (La. Rev. Stat. 49:220.21 et seq.).

            (27) Office of human trafficking prevention (La. Rev. Stat. 46:2169 et seq.) which shall exercise its powers, duties, and functions as provided by law. The Louisiana Human Trafficking Prevention Commission and Advisory Board (La. Rev. Stat. 46:2165 et seq.) shall be placed within the office of human trafficking prevention.

            (28) Drug Policy Board (La. Rev. Stat. 49:219.1 through 219.4), which shall exercise its powers, duties, and functions in accordance with the provisions of La. Rev. Stat. 36:801.1.

            (29) Office of rural development (La. Rev. Stat. 3:311 et seq.), which shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.

            (30) Louisiana State Interagency Coordinating Council for EarlySteps: Louisiana’s Early Intervention Program for Infants and Toddlers with Disabilities and Their Families (La. Rev. Stat. 28:470), which shall exercise and perform its powers, duties, functions, and responsibilities in accordance with the provisions of La. Rev. Stat. 36:802, except that it shall have any other powers, duties, functions, and responsibilities specifically provided in La. Rev. Stat. 28:470.

            (31) Louisiana Council on the Success of Black Men and Boys (La. Rev. Stat. 49:1211 et seq.), which shall exercise its powers, duties, and functions as provided by law.

            (32) Pet Overpopulation Advisory Council (La. Rev. Stat. 47:463.60), which shall perform its powers, duties, and functions as provided by law.

            (33) Governor’s Advisory Commission on Coastal Protection, Restoration and Conservation (La. Rev. Stat. 49:214.4.1), Coastal Protection and Restoration Authority Board (La. Rev. Stat. 49:214.5.1 et seq.), and Coastal Protection and Restoration Authority (La. Rev. Stat. 49:214.6.1 et seq.), which shall perform and exercise their powers, duties, functions, and responsibilities as provided by law.

            (34) Latino Commission (La. Rev. Stat. 49:1221 et seq.), which shall exercise its powers, duties, functions, and responsibilities as provided in La. Rev. Stat. 36:901 et seq., except that the board may solicit, receive, and expend funds as authorized by law.

            NOTE: Paragraph (B)(35) eff. upon the appropriation of funds to fully fund the provisions of Acts 2020, 2nd Ex. Sess., No. 24. See Acts 2022, No. 623, §§7, 12(A), and 13(A).

            (35) Office of broadband and connectivity (La. Rev. Stat. 51:1361 et seq.) which shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.

            (36) Louisiana Governor’s Mansion Commission (La. Rev. Stat. 25:1011 et seq.).

            (37) Louisiana Interagency Council on Homelessness (La. Rev. Stat. 40:600.151).

            C. The Public Buildings Board (La. Rev. Stat. 49:131 et seq.) is hereby abolished and its powers, duties, functions, and responsibilities are hereby transferred to the governor.

            D. The office of the lieutenant governor shall be in the executive branch of state government. The following agencies are placed within the office of the lieutenant governor and shall exercise their powers, duties, functions, and responsibilities as provided by law:

            (1) Encore Louisiana Commission (La. Rev. Stat. 51:1317 et seq.).

            (2)(a) The Volunteer Louisiana Commission (La. Rev. Stat. 49:1111 et seq.) shall be transferred to the office of the lieutenant governor as provided in La. Rev. Stat. 36:802, except that the commission shall be authorized to employ, fix the compensation of, remove, and assign duties to the executive director of the commission and shall be authorized to employ, appoint, fix the compensation of, remove, assign, and promote such personnel as are necessary for the commission to perform its powers, duties, functions, and responsibilities in accordance with civil service laws, rules, and regulations.

            (b) The term “secretary of the department” as used in La. Rev. Stat. 36:802 shall mean the lieutenant governor and the term “undersecretary of the department” as used in La. Rev. Stat. 36:802 shall mean the undersecretary of the Department of Culture, Recreation, and Tourism for the purposes of this Paragraph.

            E – L. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.

            M. Repealed by Acts 2009, No. 409, §7, eff. July 1, 2009.

            N. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.

            O. Repealed by Acts 2019, No. 434, §2(A), eff. June 30, 2019.

            P. Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.

            Q. Repealed by Acts 2009, No. 438, §11(B).

            R. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.

            S. Repealed by Acts 2011, No. 207, §8.

            T. Repealed by Acts 2011, No. 207, §4.

            U. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.

            V. Repealed by Acts 2009, No. 438, §11(B).

            W. Repealed by Acts 2017, No. 422, §5.

            X – BB. Repealed by Acts 2022, No. 623, §9, eff. July 1, 2022.

            Acts 1976, No. 289, §1; Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 348, §1; Acts 1978, No. 444, §1; Acts 1978, No. 445, §2; Acts 1978, No. 782, §2, eff. July 17, 1978; Acts 1979, No. 206, §2, eff. July 6, 1979; Acts 1979, No. 233, §2; Acts 1981, No. 583, §2, eff. July 20, 1981; Acts 1982, No. 1, §2, eff. May 6, 1982; Acts 1982, No. 122, §1; Acts 1982, No. 496, §2, eff. July 22, 1982; Acts 1982, No. 698, §1; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; S.C.R. No. 3 of 1983; Acts 1983, No. 478, §1, eff. July 6, 1983; Acts 1984, No. 844, §3, eff. July 13, 1984; No. 676, §1, eff. July 13, 1984; No. 889, §2, eff. July 20, 1984; No. 801, §2; Acts 1985, No. 737, §1, eff. Jan. 1, 1986; Acts 1985, No. 772, §3, eff. July 19, 1985; Acts 1985, No. 845, §1, eff. July 23, 1985; Acts 1985, No. 972, §2, eff. July 23, 1985; Acts 1986, No. 765, §6, eff. July 1, 1986; Acts 1986, No. 970, §2; Acts 1987, No. 213, §2; Acts 1987, No. 393, §1; Acts 1987, No. 399, §1, eff. July 8, 1987; Acts 1987, No. 536, §1; Acts 1987, No. 734, §1; Acts 1988, 1st Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, 1st Ex. Sess., No. 2, §1, eff. Mar. 28, 1988; Acts 1988, 1st Ex. Sess., No. 7, §1, eff. Mar. 28, 1988; Acts 1988, No. 332, §2, eff. July 7, 1988; Acts 1988, No. 563, §1, eff. July 14, 1988; Acts 1988, No. 886, §2; Acts 1989, No. 88, §2, eff. June 16, 1989; Acts 1989, No. 282, §2, eff. June 27, 1989; Acts 1989, No. 309, §1; Acts 1989, No. 310, §2; Acts 1989, No. 329, §2; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1989, No. 586, §1, eff. July 6, 1989; Acts 1989, No. 662, §3, eff. Aug. 15, 1989, §8, eff. July 7, 1989, §10, eff. July 1, 1989; Acts 1989, 2nd Ex. Sess., No. 6, §1, eff. July 14, 1989; Acts 1990, No. 2, §2, eff. July 1, 1990; Acts 1990, No. 216, §2; Acts 1990, No. 452, §3, eff. July 1, 1990; Acts 1990, No. 967, §1, eff. Oct. 1, 1990; Acts 1990, No. 1029, §1, eff. July 26, 1990; Acts 1991, 1st Ex. Sess., No. 7, §2, eff. April 23, 1991; Acts 1991, No. 1042, §2; Acts 1992, No. 278, §1; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1992, No. 648, §1, eff. July 2, 1992; Acts 1992, No. 937, §1; Acts 1992, No. 971, §1; Acts 1993, No. 275, §1, eff. July 1, 1993; Acts 1995, No. 185, §2; Acts 1995, No. 322, §2; Acts 1995, No. 464, §1; Acts 1995, No. 742, §1, eff. June 27, 1995; Acts 1995, No. 922, §1; Acts 1995, No. 1033, §1, eff. June 29, 1995; Acts 1996, 1st Ex. Sess., No. 30, §1, eff. May 7, 1996; Acts 1997, No. 1, §3, eff. April 30, 1997; Acts 1997, No. 462, §2; Acts 1997, No. 467, §2; Acts 1997, No. 481, §2, eff. June 1, 1997; Acts 1997, No. 588, §1; Acts 1997, No. 658, §2; Acts 1997, No. 927, §1; Acts 1997, No. 1116, §2; Acts 1997, No. 1361, §2, eff. Dec. 31, 1997; Acts 1998, 1st Ex. Sess., No. 5, §1, eff. April 24, 1998; Acts 1998, 1st Ex. Sess., No. 132, §2; Acts 1998, 1st Ex. Sess., No. 150, §1, eff. July 1, 1998; Acts 1999, No. 603, §2; Acts 1999, No. 709, §1; Acts 1999, No. 1099, §1; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2001, No. 446, §1, eff. June 18, 2001; Acts 2001, No. 451, §5, eff. Jan. 12, 2004; Acts 2001, No. 656, §2; Acts 2001, No. 772, §5, eff. July 1, 2001; Acts 2001, No. 1178, §4, eff. June 29, 2001; Acts 2001, No. 1185, §8, eff. July 1, 2001; Acts 2002, 1st Ex. Sess., No. 85, §2, eff. April 18, 2002; Acts 2002, 1st Ex. Sess., No. 114, §1, eff. April 18, 2002; Acts 2003, No. 49, §4, eff. July 1, 2003; Acts 2003, No. 668, §1, eff. June 27, 2003; Acts 2003, No. 1088, §§1 and 3, eff. Jan 12, 2004; Acts 2003, No. 1225, §4; Acts 2004, No. 167, §2; Acts 2004, No. 643, §1; Acts 2005, No. 428, §3, eff. July 1, 2005; Acts 2006, 1st Ex. Sess., No. 5, §1, eff. Feb. 23, 2006, and §4, eff. June 30, 2016; Acts 2006, 1st Ex. Sess., No. 35, §3, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006; Acts 2006, No. 740, §2, eff. June 29, 2006; Acts 2007, No. 307, §6; Acts 2008, 1st Ex. Sess., No. 12, §1, eff. April 26, 2008; Acts 2008, No. 544, §4, eff. July 1, 2008; Acts 2008, No. 639, §1, eff. July 1, 2008; Acts 2008, No. 733, §1; Acts 2008, No. 743, §§3 and 5, eff. July 1, 2008; Acts 2008, No. 815, §2; Acts 2008, No. 831, §§1 and 6, eff. July 1, 2008; Acts 2009, No. 24, §3, eff. June 12, 2009; Acts 2009, No. 141, §2, eff. June 25, 2009; Acts 2009, No. 263, §2; Acts 2009, No. 342, §1; Acts 2009, No. 409, §7, eff. July 1, 2009; Acts 2009, No. 438, §11(B); Acts 2009, No. 523, §§1, 6, eff. July 10, 2009; Acts 2010, No. 411, §1, eff. July 1, 2010; Acts 2010, No. 573, §1, eff. July 1, 2010; Acts 2010, No. 599, §2; Acts 2010, No. 861, §§17, 22; Acts 2010, No. 877, §1, eff. July 1, 2010; Acts 2011, No. 207, §§4, 5, 8; Acts 2012, No. 251, §10; Acts 2012, No. 350, §2; Acts 2012, No. 553, §2; Acts 2012, No. 604, §1, eff. June 7, 2012; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2013, No. 184, §§8(B), 9, 13; Acts 2013, No. 384, §§3, 6, eff. when one of the 20 executive branch depts. is abolished or a constitutional amendment authorizing an additional dept. becomes effective, whichever is earlier; Acts 2013, No. 417, §2, eff. June 21, 2013; Acts 2014, No. 640, §4, eff. June 12, 2014; Acts 2014, No. 712, §1, eff. July 1, 2014; Acts 2014, No. 832, §3; Acts 2014, No. 864, §1, eff. Jan. 1, 2015; Acts 2016, No. 301, §1, eff. June 2, 2016; Acts 2017, No. 237, §1; Acts 2017, No. 422, §5; Acts 2018, No. 103, §1; Acts 2018, No. 177, §3, eff. May 15, 2018; Acts 2018, No. 570, §1, eff. July 1, 2018; Acts 2019, No. 126, §1, eff. June 6, 2019; Acts 2019, No. 434, §2(A), eff. June 30, 2019; Acts 2020, 2nd Ex. Sess., No. 24, §1, See Act; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2021, No. 352, §1, eff. June 17, 2021; Acts 2021, No. 452, §1; Acts 2022, No. 187, §2; Acts 2022, No. 623, §§4, 9, 12(C), eff. July 1, 2022; Acts 2022, No. 623, §7, see Act; Acts 2022, No. 623, §10, see Act; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2023, No. 245, §1; Acts 2023, No. 314, §1.

NOTE: Acts 2013, No. 384, §8, effective July 1, 2013 per §9(A) of the Act, provides that funds allocated for any purpose under the authority of the Office of Elderly Affairs or its successor, the Department of Elderly Affairs, are allocated only to the Office of Elderly Affairs or its successor and are not to be appropriated, allocated or transferred to any other state department, office or programs.

NOTE: La. Rev. Stat. 51:1365 as amended by Acts 2022, No. 760, provides that the provisions of Chapter 12 of Title 51 of the L.R.S. of 1950 regarding the Office of Broadband and Connectivity terminates on June 30, 2028.

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