Louisiana Revised Statutes 36:744 – A. For purposes of this Chapter, references in Chapters 22 and 24 of this Title to the “secretary”, the “undersecretary” or an “assistant secretary” shall refer to the secretary of s
Terms Used In Louisiana Revised Statutes 36:744
- 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
- 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Office: means each principal operational unit within a department, except the executive office of the secretary. See Louisiana Revised Statutes 36:3
- Secretary: means the officer appointed by the governor as the executive head and chief administrative officer of certain departments created and provided for by this Title. See Louisiana Revised Statutes 36:3
- Service of process: The service of writs or summonses to the appropriate party.
A. For purposes of this Chapter, references in Chapters 22 and 24 of this Title to the “secretary”, the “undersecretary” or an “assistant secretary” shall refer to the secretary of state.
B. The State Board of Election Supervisors (La. Rev. Stat. 18:23 through 27) shall be within the Department of State, as provided in La. Rev. Stat. 36:802.
C. The following agencies are placed within the Department of State in accordance with the provisions of La. Rev. Stat. 36:901 et seq. except as otherwise provided by this Subsection:
(1) The Louisiana Historical Records Advisory Board (La. Rev. Stat. 44:501 through 503).
(2) The Advisory Board of the Old State Capitol (La. Rev. Stat. 25:371 et seq.). The board may solicit and accept gifts and donations for the purposes of the Old State Capitol. Any funds accepted as a gift or donation may be expended by the department as otherwise provided by law.
(3) The Eddie G. Robinson Museum Commission (La. Rev. Stat. 25:1241 et seq.). The commission may solicit and accept gifts and donations for the purposes of the museum. Any funds accepted as a gift or donation may be expended by the department as otherwise provided by law.
(4) The Advisory Board of the Louisiana State Archives (La. Rev. Stat. 44:427).
(5) The Voting Accessibility Advisory Group (La. Rev. Stat. 18:524).
D. The following agencies are abolished and their powers, duties, functions, and responsibilities are hereby transferred to the secretary of state in accordance with the provisions of La. Rev. Stat. 36:921 et seq.:
(1) The State Archives and Records Commission and the State Archives and Records Service (La. Rev. Stat. 25:127 and La. Rev. Stat. 44:404 et seq.).
(2) The Old State Capitol Memorial Commission (Act No. 250 of the 1948 Regular Session of the Legislature; Act No. 233 of the 1954 Regular Session of the Legislature; Act No. 154 of the 1965 Regular Session of the Legislature).
E. The office of commissioner of elections is merged and consolidated with the office of secretary of state, and the Department of Elections and Registration is merged and consolidated with the Department of State pursuant to the authority of La. Const. Art. IV, § 20 . In order to accomplish the merger and consolidation of the office of commissioner of elections with the office of secretary of state, the office of commissioner of elections shall be continued, but the office of commissioner of elections is transferred to the Department of State in the manner provided for agencies transferred pursuant to La. Rev. Stat. 36:851 et seq. and, for purposes of such transfer, the office of commissioner of elections shall be considered a transferred agency as provided in La. Rev. Stat. 36:851 et seq. However, the commissioner of elections shall be an agent for service of process as provided in La. Rev. Stat. 18:44(B)(7). To accomplish the merger and consolidation of the Department of Elections and Registration with the Department of State, the Department of Elections and Registration and its powers, duties, functions, and responsibilities are transferred to the Department of State as provided in La. Rev. Stat. 36:851 et seq.
F.(1) The following agencies are placed within the Department of State and shall perform and exercise their powers, duties, functions, and responsibilities in accordance with the provisions of this Subsection and as otherwise provided by law:
(a) The governing board of the Louisiana Delta Music Museum (La. Rev. Stat. 25:380.51 et seq.).
(b) Repealed by Acts 2022, No. 297, §1, eff. June 10, 2022.
(c) The governing board of the Mansfield Female College Museum (La. Rev. Stat. 25:380.91 et seq.).
(d) The governing board of the Germantown Colony Museum (La. Rev. Stat. 25:380.151 et seq.).
(e) The Regional Museum Governing Board of the Louisiana State Exhibit Museum (La. Rev. Stat. 25:379 et seq.).
(f) The governing board of the Louisiana State Cotton Museum (La. Rev. Stat. 25:380 et seq.).
(g) The governing board of the Louisiana State Oil and Gas Museum (La. Rev. Stat. 25:380.21 et seq.).
(2)(a) The governing board of any museum transferred pursuant to this Subsection may solicit and accept gifts and donations for the purposes of the museum. Any funds so accepted may be expended by the boards or by the Department of State as otherwise provided by law.
(b) The governing boards placed within the Department of State in accordance with the provisions of this Subsection shall exercise all powers, duties, functions, and responsibilities provided or authorized by law which are in the nature of regulation, enforcement, or adjudication. The boards shall exercise all advisory powers, duties, and functions provided by law. The boards shall administer and implement all programs provided or authorized by law. The boards shall be responsible for the performance and administration of their day-to-day operations, except that the secretary of the department shall be responsible for those matters which are in the nature of accounting, payroll, budget control, procurement, data processing, and personnel management, and shall have the authority to transfer or implement any or all of said functions through the secretary and the department.
(c) The provisions of La. Rev. Stat. 36:810 and 811 are applicable to each board placed within the department by this Subsection.
(d) No records, books, or papers stored in the museum vault or on museum premises shall be removed or transferred from the museum without approval of the governing board.
G. The Voting System Commission (La. Rev. Stat. 18:1362.1) is placed within the Department of State and shall perform its powers, duties, functions, and responsibilities in the manner provided by law.
H. The Voting System Proposal Evaluation Committee (La. Rev. Stat. 18:1362.2) is placed within the Department of State and shall perform its powers, duties, functions, and responsibilities in the manner provided by law.
Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1980, No. 564, §2, eff. July 23, 1980; Acts 1982, No. 778, §2, eff. Aug. 4, 1982; Acts 1984, No. 917, §2; Acts 1988, 1st Ex. Sess., No. 2, §1, eff. Mar. 28, 1988; Acts 1989, No. 45, §3; Acts 1989, No. 46, §1; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1990, No. 726, §2; Acts 1991, No. 9, §2, eff. June 6, 1991; Acts 1991, No. 1053, §1, eff. July 29, 1991; Acts 1992, No. 152, §1, eff. June 5, 1992; Acts 1993, No. 507, §1, eff. July 1, 1993; Acts 1997, No. 1091, §2; Acts 1999, No. 241, §2, eff. upon effective date of appropriation of funds; Acts 1999, No. 555, §2, eff. upon effective date of appropriation of funds; Acts 1999, No. 1368, §2; Acts 2001, No. 130, §2; Acts 2001, No. 451, §2, eff. Jan. 12, 2004; Acts 2001, No. 850, §2; Acts 2001, No. 1111, §3; Acts 2003, No. 586, §2, eff. upon appropriation of funds; Acts 2003, No. 592, §2, eff. upon appropriation of funds; Acts 2003, No. 786, §§2 and 4; Acts 2004, No. 229, §2; Acts 2004, No. 545, §2, eff. June 25, 2004; Acts 2005, No. 336, §2; Acts 2006, No. 417, §2, eff. June 15, 2006; Acts 2006, No. 614, §2; Acts 2006, No. 713, §4, eff. July 1, 2006; Acts 2007, No. 324, §2; Acts 2008, No. 327, §2; Acts 2008, No. 783, §2, eff. July 1, 2008; Acts 2008, No. 847, §2, eff. July 1, 2008; Acts 2009, No. 249, §2, eff. upon appropriation of funds; Acts 2010, No. 861, §17; Acts 2010, No. 890, §2, eff. July 2, 2010; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2013, No. 12, §1, eff. May 23, 2013; Acts 2015, No. 401, §3(B); Acts 2016, No. 14, §3, eff. May 9, 2016; Acts 2016, No. 16, §2, eff. May 9, 2016; Acts 2017, No. 112, §§2, 3, 4, 5, and 6, eff. June 12, 2017; Acts 2018, No. 85, §2, eff. May 10, 2018; Acts 2018, No. 436, §1; Acts 2020, No. 75, §1, eff. June 5, 2020; Acts 2021, No. 20, §§5, 10E; Acts 2021, No. 480, §2, eff. July 1, 2021; Acts 2022, No. 297, §1, eff. June 10, 2022; Acts 2023, No. 277, §2, eff. June 9, 2023.