La. Rev. Stat. § 36:307 — LA Code / Code revised-statutes / Title 36 / Section 307
Assistant secretaries
Status: in_force

A. Each office within Louisiana Works, except the office of management and finance, shall be under the immediate supervision and direction of an assistant secretary, who shall be appointed by the governor with consent of the Senate. Each shall serve at the pleasure of the governor and shall be paid a salary which shall be fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session.

B. Except as otherwise expressly provided in this Title, the duties and functions of each office and its assistant secretary shall be determined by the secretary, and all of such duties and functions shall be exercised under the direct supervision and control of the secretary.

C. Except as otherwise provided in R.S. 36:801, each assistant secretary shall employ, appoint, remove, assign, and promote such personnel as are necessary for the efficient administration of his office and its programs and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws.

D. Each assistant secretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2018, No. 380, §2, eff. June 30, 2018.
La. Rev. Stat. § 36:459 — LA Code / Code revised-statutes / Title 36 / Section 459
Transfer of agencies or their powers to Department of Revenue
Status: in_force

A. The Louisiana Sales and Use Tax Commission for Remote Sellers is placed within the Department of Revenue and shall exercise and perform its powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:801.1. The secretary and the Department of Revenue shall in no way interfere with, review, or change the decisions or operations of the agency so placed.

B. Public administrators for all parishes appointed pursuant to R.S. 9:1581 (R.S. 9:1581 et seq. and other provisions of Title 9 of the Louisiana Revised Statutes of 1950 that apply to such administrators) shall be transferred to and hereafter shall be within the Department of Revenue, as provided in R.S. 36:802.

C. The Department of Revenue (R.S. 47:1501 et seq. and other provisions of Title 47 of the Louisiana Revised Statutes of 1950 applicable to the former department) is hereby abolished and its powers, duties, functions, and responsibilities are transferred to the secretary of the Department of Revenue and hereafter shall be exercised and performed as provided in (R.S. 36:921 et seq.).

D. The Louisiana Tax Free Shopping Commission (R.S. 51:1301 et seq.) is placed within the Department of Revenue and shall exercise and perform its powers, duties, functions, and responsibilities as provided for agencies transferred in accordance with the provisions of R.S. 36:802, except that the agency shall appoint its own director and assistant director.

E. The office of alcoholic beverage control is hereby abolished and its powers, duties, functions, employees, and responsibilities are transferred to the office of alcohol and tobacco control, Department of Revenue, as provided in R.S. 36:921 et seq.

F.(1) The division of charitable gaming control, office of state police, Department of Public Safety and Corrections, is hereby abolished.

(2) Except as otherwise provided in this Subsection, the powers, duties, functions, responsibilities, programs, and operations of the division of charitable gaming control, office of state police, Department of Public Safety and Corrections, are hereby transferred to the office of charitable gaming, Department of Revenue, as provided in R.S. 36:921 et seq.

(3) Employees of the division of charitable gaming control, office of state police, Department of Public Safety and Corrections, who are commissioned law enforcement officers, shall not be transferred under the provisions of R.S. 36:927, but shall remain with the office of state police, Department of Public Safety and Corrections. Notwithstanding the provisions of R.S. 36:927, the transfer of all other employees from the division of charitable gaming control, office of state police, Department of Public Safety and Corrections, to the office of charitable gaming, Department of Revenue, shall be at the discretion of the secretary of the Department of Revenue. All employees transferred from the division of charitable gaming control, office of state police, Department of Public Safety and Corrections, to the office of charitable gaming, Department of Revenue, shall insofar as practicable and necessary continue to perform duties heretofore assigned, subject to applicable state civil service laws, rules, and regulations.

G. The Uniform Electronic Local Return and Remittance Advisory Committee (R.S. 47:337.23) is placed within the Department of Revenue and shall exercise and perform its powers, duties, functions, and responsibilities as provided for agencies transferred in accordance with the provisions of R.S. 36:901.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1988, No. 535, §2, eff. July 8, 1988; Acts 1995, No. 1188, §3, eff. June 29, 1995; Acts 1997, No. 658, §1, eff. July 7, 1997; Acts 1997, No. 1370, §4, eff. Oct. 1, 1997; Acts 1999, No. 568, §1, eff. June 30, 1999; Acts 2003, No. 73, §2, eff. July 1, 2003; Acts 2010, No. 573, §2, eff. July 1, 2010; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2013, No. 184, §6(B); Acts 2017, No. 274, §1, eff. June 16, 2017; Acts 2022, No. 623, §4, eff. July 1, 2022.

NOTE: (Subsection E, Tax Free Shopping Commission) Acts 1988, No. 535, §3, eff. July 8, 1988, provided for a termination date of July 1, 1992. Acts 1992, No. 285, §2, amended Acts 1988, No. 535, §3, extending the termination date to July 1, 1997; Acts 1997, No. 285, §2, extended the termination date to July 1, 1999; Acts 1998, No. 50, §1, extended the termination date to July 1, 2001; Acts 2006, No. 76, extended the termination date to July 1, 2009; Acts 2008, No. 232, §1, extended the date to July 1, 2013; Acts 2012, No. 435, §1, extended the termination date to July 1, 2017. Acts 2017, No. 318, §2, removed the termination date of Act 1988, No. 535, as amended and §1 extended the La. Tax Free Shopping Program established in Ch. 10 of Title 51 (see R.S. 51:1301 et seq.) to July 1, 2023.

NOTE: See Acts 2013, No. 184, §17, relative to property and funds of entities abolished by the Act.
La. Rev. Stat. § 36:404 — LA Code / Code revised-statutes / Title 36 / Section 404
Powers and duties of secretary of public safety and corrections
Status: in_force

A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:

(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.

(2) Determine the policies of the department, except as otherwise provided by this Title.

(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.

(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.

(5) Advise the governor on problems concerning any administrative or criminal misconduct within state or local government agencies.

(6) Advise the governor on problems concerning the administration of the department.

(7) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant secretary, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions in accordance with applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.

(8) Make reports and recommendations on his own initiative or upon request by the governor, the legislature, or any committee or member thereof.

(9) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.

(10)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:

(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.

(ii) The current salary of the person occupying each filled position shown on the organizational chart.

(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of a report pursuant to Paragraph (8) of this Subsection.

B. The secretary shall have authority to:

(1) Except as otherwise specifically provided in R.S. 36:405, R.S. 36:406, R.S. 36:801, and R.S. 36:803:

(a) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and of each other office of the department and for the performance of their respective powers, duties, functions, and responsibilities, and such other personnel who are not assigned to an office as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.

(b) Employ, assign, and remove all personnel employed for the department on a contractual basis.

(c) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.

(d) All of the above shall be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the Department of Public Safety and Corrections, and all subject to budgetary control and applicable laws.

(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.

(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.

(4) Formulate and promulgate rules of administration for the department relating to employment and management.

(5) Exercise the powers, rights, authority, and status provided by law for Louisiana state troopers.

(6) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 1986, No. 820, §1; Acts 1987, No. 736, §1; Acts 1991, No. 108, §1, eff. June 30, 1991; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2.
La. Rev. Stat. § 36:152 — LA Code / Code revised-statutes / Title 36 / Section 152
Officers of the department; compensation for one office only
Status: in_force

NOTE: See note below regarding effectiveness.

A. The officers of the department shall be the secretary, the undersecretary, and the deputy secretary if a deputy secretary is appointed, each of whom shall be selected and shall perform functions as provided in this Title.

B. No person serving as a secretary, deputy secretary, or undersecretary shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices. Any statewide elected official appointed to serve as a secretary, deputy secretary, or undersecretary shall not receive any additional salary from the state other than that salary which he receives as a statewide elected official.

C. Notwithstanding any provision of this Section to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as a secretary, undersecretary, or deputy secretary may receive additional compensation for part-time services rendered as an instructor in postsecondary educational institutions or as a member of the National Guard.

Acts 2013, No. 384, §3, eff. upon contingencies contained in Acts 2013, No. 384, §9(B).

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.
La. Rev. Stat. § 36:903 — LA Code / Code revised-statutes / Title 36 / Section 903
References in laws and documents
Status: in_force

Wherever any agency transferred hereby is referred to or designated by the constitution or by any law or contract or other document, after the effective date of the transfer such reference or designation shall be deemed to apply to the department to which the transfer is made and/or its secretary.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
La. Rev. Stat. § 36:906 — LA Code / Code revised-statutes / Title 36 / Section 906
Transfer of property
Status: in_force

All books, papers, records, money, actions, and other property of every kind, movable and immovable, real and personal, heretofore possessed, controlled, or used by each agency transferred in accordance with this Part are hereby transferred to the department to which the agency is transferred.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
La. Rev. Stat. § 36:236 — LA Code / Code revised-statutes / Title 36 / Section 236
Undersecretary; functions; office of management and finance
Status: in_force

A. There shall be an undersecretary of the Department of Environmental Quality who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The undersecretary shall be directly responsible to and shall perform his functions under the supervision and control of the secretary.

B. The undersecretary shall direct and be responsible for the functions of the office of management and finance within the Department of Environmental Quality. In such capacity he shall be responsible for accounting and budget control, procurement, and contract management, data processing, management and program analysis, information services, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Environmental Quality except as otherwise specifically provided in this Title. He shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.

C. The duties and functions of the office of management and finance and of the undersecretary shall be as provided in this Section and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary.

Added by Acts 1983, No. 97, §2, eff. Feb. 1, 1984; Acts 1999, No. 303, §2, eff. June 14, 1999; Acts 2005, No. 21, §2.
La. Rev. Stat. § 36:641 — LA Code / Code revised-statutes / Title 36 / Section 641
Statement of purpose
Status: in_force

In furtherance of its constitutional mandate to provide for the education of the people of the state and to establish and maintain a public educational system and to allocate within not more than twenty departments the functions and responsibilities of all offices and agencies within the executive branch of state government, the legislature enacts this Chapter.

Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
La. Rev. Stat. § 36:952 — LA Code / Code revised-statutes / Title 36 / Section 952
Transferred or abolished agencies; information to be furnished; cooperation
Status: in_force

A. The chief administrative authority of each agency transferred or abolished by this Title, which agency or its functions are transferred to the Department of Corrections or the Department of Health and Human Resources, shall transmit to the governor through the commissioner of administration or to the committee, upon request, any information necessary to implement the reorganization, including but not limited to: (a) a complete list of all personnel, including salaries and job descriptions; (b) a complete inventory of all furniture, fixtures, and equipment of every kind; (c) financial data and information; (d) a summary of all floor space in state office buildings or otherwise then being utilized. Every such agency and the personnel thereof shall fully cooperate with the governor, the commissioner, and the committee, who shall be responsible for carrying out the purposes of this Part.

B. The chief administrative authority of each agency transferred or abolished by this Title, which agency or its functions are transferred to one of the departments to which this Part is applicable other than as designated in Subsection A hereof, shall transmit such information as described in Subsection A to the committee upon request and every such agency shall fully cooperate with the committee.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
La. Rev. Stat. § 36:309 — LA Code / Code revised-statutes / Title 36 / Section 309
Transfer of agencies to Louisiana Works
Status: in_force

A. The following agencies are transferred to and hereafter shall be within Louisiana Works, as provided in R.S. 36:802:

(1) Employment Security board of review (R.S. 23:1621 et seq. and particularly R.S. 23:1652).

(2) Louisiana Workers' Compensation Second Injury Board (R.S. 23:1371 et seq.).

(3) Louisiana Workforce Investment Council (R.S. 23:2041 et seq. and 2091 et seq.).

B. The following agencies are transferred to and hereafter shall be within Louisiana Works, as provided in R.S. 36:901 et seq.:

(1) Apprenticeship council (R.S. 23:381 et seq.).

(2) Workers' Compensation Advisory Council (R.S. 23:1294).

C. The following agencies are transferred to and hereafter shall be within Louisiana Works as provided in R.S. 36:803:

(1) Board of Barber Examiners (R.S. 37:341 et seq.).

(2) State Plumbing Board (R.S. 37:1361 et seq.).

D. The powers, duties, functions, and responsibilities relating to Louisiana Rehabilitation Services, R.S. 23:3001 et seq., are hereby transferred to Louisiana Works to be exercised and performed by the secretary, in accordance with the provisions of R.S. 36:921 et seq.

E. The following agencies are transferred to and hereafter shall be within Louisiana Works and shall perform and exercise their powers, duties, functions, and responsibilities as provided by law:

(1) The worker's compensation medical advisory council (R.S. 23:1203.1).

(2) The Blind Vendors Trust Fund Board (R.S. 23:3044).

NOTE: Subsection F eff. Oct. 1, 2027. See Acts 2025, No. 478.

F. The powers, duties, functions, and responsibilities related to the Temporary Assistance for Needy Families (TANF) program, including employment and training programs, are hereby transferred to Louisiana Works to be exercised and performed by the secretary, in accordance with the provisions of Part II of Chapter 22 of this Title, R.S. 36:851 et seq.

Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1980, No. 312, §2; Acts 1981, No. 732, §2; Acts 1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1983, 1st Ex. Sess., No. 1, §§3, 6, eff. July 1, 1983; Acts 1983, 1st Ex. Sess., No. 8, §3; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1990, No. 577, §2, eff. July 19, 1990; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1992, No. 633, §2, eff. Jan. 1, 1993; Acts 1997, No. 1, §6, eff. Aug. 29, 1997; Acts 2006, No. 713, §4, eff. July 1, 2006; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2008, No. 831, §1, eff. July 1, 2008; Acts 2009, No. 438, §15(B); Acts 2010, No. 939, §4, eff. July 1, 2010; Acts 2012, No. 251, §6; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2021, No. 20, §5; Acts 2025, No. 478, §10, eff. Oct. 1, 2025, §11, eff. Oct. 1, 2027.

NOTE: See Acts 2008, No. 743, §§6, 7, and 8, eff. July 1, 2008, relative to severability, to changing of references to the former Dept. of Labor and former La. Workforce Commission, and to legislative intent for continuity of functioning of local workforce investment boards and the executive director's responsibility therefor.

NOTE: See Acts 2010, No. 939, §§12, 14, 16, snd 19, relative to implementation of transfer of programs from the Dept. of Social Services to the La. Workforce Commission.
La. Rev. Stat. § 36:684 — LA Code / Code revised-statutes / Title 36 / Section 684
Deputy commissioner for management and finance; functions; office of management and finance
Status: in_force

A. There shall be a deputy commissioner for management and finance of the Department of Insurance who shall be appointed by the commissioner of insurance with consent of the Senate and who shall serve at the pleasure of the commissioner at a salary fixed by the commissioner, which salary shall not exceed the amount approved for such position by the legislature while in session. The deputy commissioner for management and finance shall be directly responsible to and shall perform his functions under the supervision and control of the commissioner of insurance.

B. The deputy commissioner for management and finance shall direct and be responsible for the functions of the office of management and finance within the Department of Insurance. In such capacity he shall be responsible for accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Insurance, except as otherwise specifically provided in this Title.

C. The duties and functions of the office of management and finance and of the deputy commissioner for management and finance shall be as provided in this Section, and these duties and functions shall not be subject to change by the commissioner of insurance, except that the deputy commissioner for management and finance shall perform such additional duties and functions as are assigned by the commissioner.

Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
La. Rev. Stat. § 36:933 — LA Code / Code revised-statutes / Title 36 / Section 933
Studies
Status: in_force

The committee created in this Chapter shall make such studies as it shall find necessary or appropriate to reorganize the executive branch of state government and to carry out the purposes of reorganization as stated in this Title, which studies shall include but not be limited to: the nature of the powers, duties, functions, and responsibilities of all departments and agencies in the executive branch; how such powers, duties, functions, and responsibilities may be allocated among the departments of the executive branch in order to eliminate duplication, to coordinate the provision of services, and to deliver services to the public so as to achieve the greatest benefit at the most economical cost; how department and agency functions and duties may be performed more effectively and economically by merger and consolidation, abolition, or division of departments or agencies or other changes in department or agency structure; the impact of such proposed changes on provision of services to the public and on the cost of providing such services; how the responsibilities of agencies with respect to management, finance, budget, and personnel may be consolidated or allocated in order to facilitate the budgetary process, provide greater legislative oversight, and encourage economy and efficiency in government; how departments may determine levels of productivity as determined by efficiency and economy and may measure and improve such productivity; and how the legislature may provide for and oversee the continuous reorganization, merger, and consolidation of agencies and offices in the executive branch.

Acts 1997, No. 1045, §1.
La. Rev. Stat. § 36:8.1 — LA Code / Code revised-statutes / Title 36 / Section 8.1
Litigation oversight; reports to the legislature
Status: in_force

A.(1)(a) The head of each agency shall make and publish an annual report to the legislature containing a list of all civil actions brought in a court of law by the agency as a named party plaintiff.

(b) The attorney general shall make and publish an annual report to the legislature containing a list of all civil actions brought in a court of law by the state of Louisiana as a named party plaintiff.

(2) Each such report shall include all cases instituted, pending, or concluded during the preceding calendar year and shall:

(a) Contain the names of all parties appearing as plaintiffs at any time during the litigation and all parties named as defendants at any time during the litigation as they appear on the pleadings, the court that has jurisdiction over the matter, the docket number, the cause of action being averred, and the relief being sought.

(b) Indicate the current status of the case, including whether the case has been heard on the merits, whether there is a final judgment therein and, if so, an indication if the final judgment was determined on a procedural or substantive issue, whether the case has settled prior to any final judgment, and whether an appeal has been taken and, if so, if that appeal was initiated by the agency.

(c) List the name or names of all outside counsel representing the agency or the state and the agreement of the agency or the attorney general on behalf of the agency or the state, including the hourly rate of pay for the attorney or attorneys and paraprofessionals or the percentage of compensation or commission or any other arrangement relative to compensation, including payment of compensation by a defendant.

(3)(a) One week before the convening of each annual legislative session, a copy of the report shall be submitted by the head of each agency and the attorney general to the presiding officer of each house of the legislature and shall also be submitted in accordance with the provisions of R.S. 24:772.

(b) The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house, and any legislative committee which receives a report may conduct a hearing thereon.

B.(1) In addition to the report required in Subsection A of this Section, the head of each agency and the attorney general shall submit a quarterly report listing every civil action instituted by the agency or the attorney general since the submission of the last quarterly report.

(2) The quarterly report shall be submitted in the form of an e-mail and shall be sent to the David R. Poynter Legislative Research Library on or before the fourth Monday of the month in which the report is due. The e-mail shall be captioned in the subject line "Litigation Disclosure" and shall include the name of the submitting agency. It shall also contain a uniform resource locator (URL) link to a copy of the original petition for each civil action listed. The e-mail shall clearly indicate the applicable reporting period and list the name and contact information of the person submitting the e-mail and the person responsible for maintaining the URL, which URL shall be maintained by the agency or the attorney general for a minimum of one year.

C. The provisions of this Section shall apply to any civil action filed by the following departments or offices, including offices and agencies thereof, collectively referred to in this Section as "agency":

(1) Department of Agriculture and Forestry.

(2) Department of State Civil Service.

(3) Louisiana Economic Development.

(4) Department of Education.

(5) Department of Children and Family Services, except cases brought pursuant to the Children's Code and Title 46 of the Louisiana Revised Statutes of 1950.

(6) Department of Culture, Recreation and Tourism.

(7) Department of Environmental Quality.

(8) Louisiana Department of Health, including, but not limited to Medicaid fraud and recovery cases.

(9) Department of Insurance.

(10) Department of Justice.

(11) Department of Conservation and Energy.

(12) Department of Public Safety and Corrections, except cases involving the Motor Vehicle Safety Responsibility Law.

(13) Department of Public Service.

(14) Department of State.

(15) Department of Transportation and Development.

(16) Department of the Treasury.

(17) Department of Veterans Affairs.

(18) Department of Revenue, except those cases brought to collect less than ten thousand dollars of state taxes owed.

(19) Department of Wildlife and Fisheries, except cases brought for class one violations under the provisions of R.S. 56:31.

(20) Louisiana Works, except cases involving recovery of unemployment insurance payments and workers' compensation fraud.

(21) Office of the governor, including the division of administration.

(22) Office of the lieutenant governor.

D. As used in this Section, the following words and phrases have the following meanings ascribed to them unless the context clearly indicates otherwise:

(1) "Civil action" means any suit, action, or cause instituted in a court of law, exclusive of criminal matters, matters involving interstate compacts, actions to make executory a judgment or order of any adjudicatory body of this state, or an action brought pursuant to the Enforcement of Foreign Judgments Act.

(2) "Court" or "court of law" means any court authorized by Article V of the Constitution of Louisiana.

(3) "Head of each agency" means the department secretary or chief administrative officer of each department of the executive branch.

(4) "Outside counsel" means any attorney, other than in-house counsel, who is being or has been paid by any agency or the state or who is entitled to or potentially entitled to compensation or a commission as a result of the legal proceeding. For purposes of this Paragraph, "in-house counsel" means any attorney employed by an agency, including the Department of Justice, who is eligible to participate in the Louisiana State Employees' Retirement System by virtue of such employment.

Acts 2014, No. 204, §1, eff. July 1, 2014; Acts 2023, No. 150, §10, eff. Jan. 10, 2024.
La. Rev. Stat. § 36:304 — LA Code / Code revised-statutes / Title 36 / Section 304
Powers and duties of secretary
Status: in_force

A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, the secretary shall:

(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.

(2) Determine the policies of the department, except as otherwise provided by this Title.

(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.

(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.

(5) Advise the governor on problems concerning the administration of the department.

(6) Act as the sole agent of the state and administrator of the Louisiana Employment Security Law or, in necessary cases, designate one or more of the offices within the department to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.

(7) Make and publish an annual report to the governor and the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon the request of the governor, the legislature, or any committee or member thereof.

(8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of both houses of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.

(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:

(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.

(ii) The current salary of the person occupying each filled position shown on the organizational chart.

(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (7) of this Subsection.

(10) Be responsible for directing statewide workforce solutions and workforce policy to meet the needs of businesses, the state economy, and the economic sectors and regions of the state, in coordination with the secretary of Louisiana Economic Development, the superintendent of education, the commissioner of higher education, the president of the Louisiana Community and Technical College System, and other agencies as are related to this purpose.

B. The secretary shall have authority to:

(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:

(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and of each other office of the department and for the performance of their respective powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.

(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis.

(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.

(b) All of the above are to be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of Louisiana Works, and all are subject to budgetary control and applicable laws.

(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.

(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.

(4) Formulate and promulgate rules of administration for the department relating to employment and management.

(5) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1987, No. 736, §1; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1989, No. 660, §2; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1997, No. 1172, §5, eff. June 30, 1997; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2016, No. 557, §2; Acts 2018, No. 380, §2, eff. June 30, 2018; Acts 2022, No. 500, §5, eff. June 30, 2022; Acts 2024, No. 330, §3.
La. Rev. Stat. § 36:254 — LA Code / Code revised-statutes / Title 36 / Section 254
Powers and duties of the secretary of the Louisiana Department of Health
Status: in_force

A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:

(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.

(2) Determine the policies of the department, except as otherwise provided by this Title. For this purpose, he shall conduct such studies and investigations as are necessary for the formulation of programs, plans, department procedures, rules and regulations, or for the implementation of remedial actions.

(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.

(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.

(5) Advise the governor on problems concerning the administration of the department.

(6)(a) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant secretary to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department or its offices, including but not limited to funding for the Medical Assistance Program, Title XIX of the Social Security Act. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.

(b) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant secretary to cooperate with the federal government and with other state and local agencies in the administration of federal funds granted to the state pursuant to the State Children's Health Insurance Program, Title XXI of the Social Security Act. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state, and provided that if the department develops a private health insurance model, the department and the Department of Insurance shall jointly promulgate the necessary rules in accordance with the Administrative Procedure Act to establish the private health insurance model. Any rules or regulations promulgated pursuant to the private health insurance model shall be subject to review by the House Committee on Health and Welfare, the Senate Committee on Health and Welfare, the House Committee on Insurance, and the Senate Committee on Insurance.

(7) Make and publish an annual report to the governor and the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon the request of the governor, the legislature, or any committee or member thereof.

(8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.

(9) Conduct hearings and pass upon complaints that may be made in relation to the administration of this Chapter; provided, however, that the secretary shall have the authority to delegate this authority to one of the offices of the department or to one of the agencies therein.

(10) Perform the functions of the state relating to:

(a) Licensing of health-related professionals.

(b) Licensing of health facilities, including hospitals and nursing homes.

(c) Licensing of institutions for persons with intellectual disabilities.

(d) Licensing of systems of distribution for controlled dangerous substances.

(e) Licensing of child care institutions funded under Title XIX of the Social Security Act.

(f) Any required certification for Medicare or Medicaid funding.

(g) Certification of emergency medical services.

(h) In accordance with R.S. 15:1501 et seq., provision of adult protective services to adults with disabilities.

(11) Direct and be responsible for grants management, staff development, and policy planning and evaluation for the department and all of its offices, including all agencies transferred to the Louisiana Department of Health.

(12)(a) Provide targeted health care programs in priority health care zones upon one hundred percent federal funding for such purpose. Such targeted programs shall:

(i) Be intended to lower infant mortality, teenage pregnancy, and substance abuse.

(ii) Be of the type determined by the secretary.

(iii) Be in addition to programs already in existence or any programs that may have been implemented in these areas by the department under normal circumstances.

(b) "Priority health care zone" means any parish or municipality listed as one of the ten parishes or twenty-five municipalities with the highest rates of infant mortality, teenage pregnancy, or substance abuse in Louisiana as of July first of any given year according to statistics compiled by the Louisiana Department of Health and the Department of Children and Family Services.

(c) The secretary shall submit annually, to the health and welfare committees of the House of Representatives and Senate, a report detailing actions taken by the Louisiana Department of Health in compliance with this Paragraph.

(13)(a) Develop and implement targeted programs, if and when federal funds become available, to enhance basic care facilities as defined in R.S. 40:2175 and comprehensive regional treatment centers that may exist and be located in the ten most populated municipalities in the state, excepting the city of New Orleans.

(b) These targeted programs should be of the type developed by the secretary and be intended to enhance the available and accessible health care of the citizens of the more rural areas of the state.

(14) Determine how funding for residency positions, residency supervision, and other medical education resources shall be allocated among institutions which provide medical education at hospitals in the health care services division of the Louisiana State University Health Sciences Center, including the Medical Center of Louisiana at New Orleans, to ensure that there is an equitable distribution among medical education programs providing services in public institutions. In making such determinations, the secretary shall consider the historical distribution of graduate medical education resources, the long-term effects of the allocation of medical education resources to each program, and the clinical workload of each program.

(15)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:

(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.

(ii) The current salary of the person occupying each filled position shown on the organizational chart.

(b) The secretary may submit the report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (7) of this Subsection.

B. The secretary shall have authority to:

(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:

(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.

(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis.

(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.

(b) All of the functions provided for in this Paragraph shall be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the department, and all are subject to budgetary control and applicable laws.

(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.

(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.

(4) Formulate and promulgate rules of administration for the department relating to employment and management.

(5) Act as legal custodian of any child placed with the department by a court of law.

(6) Grant rights of way, servitudes, and easements across state-owned lands under his jurisdiction to other public bodies, either state or local, for any public purpose. The secretary shall also have authority to grant rights of way, servitudes, and easements across state lands under his jurisdiction to any other person or entity for the purpose of laying pipelines, gas lines, and water lines, and for the transmission of electricity for power and light, and also for telephone and telegraph lines, for railroad lines or tracks, for road construction, and for drainage purposes, and to enter into the necessary contracts therefor, which shall provide for the payment of an adequate consideration. Such payment, in order to be considered as adequate consideration, shall be based on payments made for other comparable contracts in the vicinity, when available, providing compensation for rights of way, servitudes, easements, and for damages relative thereto.

(7) Adopt and promulgate rules and regulations providing for certification of laboratories providing chemical analysis, analytical results, or other appropriate test data to the department which is required as a part of any permit application, required by order of the department or any agency in the department, required to be included on any monitoring reports submitted to the department or any such agency, or otherwise required by the regulations adopted pursuant to state or federal laws. The regulations shall provide for appropriate fees to be charged to develop and operate the laboratory certification program.

(8) Do such other things, not inconsistent with law, as are necessary to properly perform the functions vested in him.

(9) Assign the function of diagnosis and case management of persons suffering from substance abuse, persons with intellectual disabilities, persons with developmental disabilities, and persons with autism to the appropriate office with the Louisiana Department of Health or the appropriate level of government.

C. The secretary shall have no power to buy and sell lands, incur debt or issue bonds, or to lease or mortgage property under his control except as may be provided by the general laws of the state or as hereafter specifically conferred by law upon him.

D.(1)(a)(i) The secretary shall direct and be responsible for the Medical Assistance Program, Title XIX of the Social Security Act, including eligibility determination and those health planning and resource development functions as are permissible under provisions of Title XIX of the Social Security Act, Title XXI of the Social Security Act, and R.S. 46:976. Any modification to the Medical Assistance Program approved by waiver by the United States Department of Health and Human Services, Health Care Financing Administration or its successor, that provides for a managed care or voucher system shall be implemented by the secretary but only after the approved plan and any modifications thereto have been approved by the House and Senate committees on health and welfare and the Joint Legislative Committee on the Budget. Unless approved by such committees as provided in this Subparagraph, modifications to the medical assistance program as provided in this Subparagraph shall not be considered avoidance of a budget deficit in the case of medical assistance programs, shall not be considered a means of securing new or enhanced federal funding in medical assistance programs, and shall not be considered necessary to avoid imminent peril to the public health, safety, or welfare; such modification shall not be promulgated as emergency rules under the provisions of R.S. 49:962 unless approved by such committees.

(ii) Any state Medicaid plan amendment shall provide assurances that for the provisions of the plan being amended, the state's payment rates for hospital, nursing facility, and institutional services shall be reasonable and adequate to meet the costs that must be incurred by efficiently and economically operated facilities, and any state Medicaid plan amendment shall comply with Section 1902(a)(13)(A) of the Social Security Act, known as the Boren amendment. The requirements of this Item shall not apply to state Medicaid plan amendments to implement a waiver approved by both houses of the legislature in accordance with Item (i) of this Subparagraph.

(b) The secretary is authorized to enter into interagency agreements for the performance of eligibility determination services to determine client eligibility for the Medical Assistance Program.

(2) Except as otherwise limited by a specific provision of law, the secretary is authorized to perform all of the following relative to or concerning the Medical Assistance Program:

(a) Adopt and promulgate rules and regulations related to the program in accordance with the Administrative Procedure Act.

(b) Develop and implement criteria, policies, and procedures concerning the program.

(c) Investigate, audit, and impose sanctions and other remedial measures on health care providers and others concerning the program.

(d) File suit on behalf of the Medical Assistance Program and select legal counsel employed by the department and other counsel as permitted by law to represent the secretary and the Medical Assistance Program in any such actions.

(3) The secretary may adopt rules and regulations for health care providers, in accordance with the Administrative Procedure Act and not inconsistent with state or federal law, governing their participation in the Medical Assistance Program. Such rules and regulations may include but shall not be limited to the following:

(a) The requirement that any health care provider who wishes to participate in the state Medical Assistance Program shall:

(i) Enter into an agreement with the secretary prior to receipt of any payment or reimbursement for services rendered to persons eligible for the Medical Assistance Program.

(ii) Provide specified information and provide authorization for the secretary to verify such information prior to entering into the agreement with the secretary.

(iii) Provide a letter of credit, surety bond, or a combination thereof, not to exceed fifty thousand dollars.

(b) General terms and conditions to which any provider shall agree in order to enter into a health care provider agreement with the secretary.

(c) Terms and conditions for the suspension, denial, or revocation of a health care provider agreement.

(d) Sanctions for violations of federal and state laws and rules applicable to the Medical Assistance Program.

E.(1) The functions relative to the operation and management of mental health, intellectual disabilities, and substance abuse services for Jefferson Parish having been transferred by department rules to the Jefferson Parish Human Services Authority in accordance with Part I of Chapter 21 of Title 28 of the Louisiana Revised Statutes of 1950 shall be the responsibility of and shall be performed by the Jefferson Parish Human Services Authority.

(2) Funds appropriated by the legislature for the costs of providing those functions and services transferred from the department to the authority shall be included in the department budget and shall be transferred from the department to the authority at the beginning of each state fiscal year. The secretary shall provide for the inclusion of such funds in the department budget request. Funding for the authority from such source shall be at least at the same level as provided for similar programs funded through the department budget in other parishes or regions of the state.

F.(1) The functions relative to the operation and management of community-based mental health, developmental disabilities, substance abuse services, and certain community-based public health services for the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Pointe Coupee, West Baton Rouge, and West Feliciana transferred in accordance with R.S. 28:910 et seq., shall be the responsibility of and shall be performed by the Capital Area Human Services District. If funds are not appropriated by the legislature for the district to perform these functions in those parishes, the functions shall be the responsibility of and shall be performed by the department in those parishes.

(2) Funds appropriated by the legislature for the costs of providing those functions and services transferred from the department to the district shall be included in the department budget and shall be transferred from the department to the district in accordance with the agreement between the secretary of the department and the district. The secretary shall provide for the inclusion of such funds in the department budget request. Funding for the district from such source shall be at least at the same level and from the same means of financing as provided for similar programs funded through the department budget in other parishes or regions of the state. The agreement between the secretary and the district shall also provide for the gradual assumption of community-based public health functions by the district.

G. Repealed by Acts 2006, No. 465, §3, eff. June 15, 2006.

H.(1) The functions relative to the operation and management of community-based mental health, developmental disabilities, and addictive disorder services for the parishes of Livingston, St. Helena, St. Tammany, Tangipahoa, and Washington transferred in accordance with R.S. 28:910 et seq. shall be the responsibility of and shall be performed by the Florida Parishes Human Services Authority. If funds are not appropriated by the legislature for the authority to perform these functions in those parishes, the functions shall be the responsibility of and shall be performed by the department in those parishes.

(2) Funds appropriated by the legislature for the costs of providing those functions and services transferred from the department to the authority shall be included in the department budget and shall be transferred from the department to the authority in accordance with the agreement between the secretary of the department and the authority. The secretary shall provide for the inclusion of such funds in the department budget request. Funding for the authority from such source shall be at least at the same level and from the same means of financing as provided for similar programs funded through the department budget in other parishes or regions of the state.

I.(1) The functions relative to the operation and management of community-based mental health, developmental disabilities, and addictive disorder services for the parishes of Orleans, St. Bernard, and Plaquemines transferred in accordance with R.S. 28:910 et seq. shall be the responsibility of and shall be performed by the Metropolitan Human Services District. If funds are not appropriated by the legislature for the district to perform these functions in those parishes, the functions shall be the responsibility of and shall be performed by the department in those parishes.

(2) Funds appropriated by the legislature for the costs of providing those functions and services transferred from the department to the district shall be included in the department budget and shall be transferred from the department to the district in accordance with the agreement between the secretary of the department and the district. The secretary shall provide for the inclusion of such funds in the department budget request. Funding for the district from such source shall be at least at the same level and from the same means of financing as provided for similar programs funded through the department budget in other parishes or regions of the state.

J.(1) The functions relative to the operation and management of community-based mental health, developmental disabilities, and addictive disorder services for the parishes of Assumption, Lafourche, St. Charles, St. James, St. John the Baptist, St. Mary, and Terrebonne transferred in accordance with R.S. 28:910 et seq., shall be the responsibility of and shall be performed by the South Central Louisiana Human Services District. If funds are not appropriated by the legislature for the district to perform these functions in those parishes, the functions shall be the responsibility of and shall be performed by the department in those parishes.

(2) Funds appropriated by the legislature for the costs of providing those functions and services transferred from the department to the district shall be included in the department budget and shall be transferred from the department to the district in accordance with the agreement between the secretary of the department and the district. The secretary shall provide for the inclusion of such funds in the department budget request. Funding for the district from such source shall be at least at the same level and from the same means of financing as provided for similar programs funded through the department budget in other parishes or regions of the state.

K.(1) The functions relative to the operation and management of community-based mental health, developmental disabilities, and addictive disorder services for the parishes of Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, and West Carroll transferred in accordance with R.S. 28:910 et seq., shall be the responsibility of and shall be performed by the Northeast Delta Human Services Authority. If funds are not appropriated by the legislature for the authority to perform these functions in those parishes, the functions shall be the responsibility of and shall be performed by the department in those parishes.

(2) Funds appropriated by the legislature for the costs of providing those functions and services transferred from the department to the authority shall be included in the department budget and shall be transferred from the department to the authority in accordance with the agreement between the secretary of the department and the authority. The secretary shall provide for the inclusion of such funds in the department budget request. Funding for the authority from such source shall be on at least the same level and from the same means of financing as provided for similar programs funded through the department budget in other parishes or regions of the state.

L. Any salary adjustment or cost of living adjustment for any employee or board member of a board, entity, agency, or commission transferred to the Louisiana Department of Health and enumerated in R.S. 36:259 or any employee of a human services district or authority established and enumerated in R.S. 28:912 shall not be granted in any year after a deficit is declared without express written approval of two-thirds of the members of the respective governing board. The express written approval shall be submitted to the secretary in accordance with the reporting provided for in R.S. 36:803.

Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 786, §4, eff. July 17, 1978; Acts 1979, No. 355, §1; Acts 1983, 1st Ex. Sess., No. 13, §1, eff. July 1, 1983; Acts 1984, No. 234, §1; Acts 1987, No. 736, §1; Acts 1988, 1st. Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, No. 772, §2, eff. July 17, 1988; Acts 1988, No. 858, §2, eff. July 18, 1988; Acts 1989, No. 89, §1, eff. June 16, 1989; Acts 1989, No. 140, §1, eff. June 22, 1989; Acts 1989, No. 231, §1, eff. June 26, 1989; Acts 1989, No. 458, §2; Acts 1990, No. 94, §2; Acts 1990, No. 219, §1; Acts 1990, No. 351, §1, eff. July 10, 1990; Acts 1992, No. 571, §1, eff. July 1, 1992; Acts 1992, No. 975, §2, eff. July 9, 1992; Acts 1993, No. 170, §§2 and 3, eff. May 31, 1993; Acts 1993, No. 466, §2, eff. June 9, 1993; Acts 1993, No. 554, §1; Acts 1993, No. 712, §2, eff. June 21, 1993; Acts 1993, No. 736, §1; Acts 1995, No. 420, §1, eff. June 17, 1995; Acts 1995, No. 723, §2, eff. June 21, 1995; Acts 1996, 1st Ex. Sess., No. 54, §2; Acts 1997, No. 3, §3, eff. July 1, 1997; Acts 1997, No. 953, §1, eff. July 10, 1997; Acts 1997, No. 958, §1; Acts 1997, No. 1130, §1; Acts 1998, 1st Ex. Sess., No. 128, §1, eff. May 5, 1998; Acts 1999, No. 642, §1, eff. July 1, 1999; Acts 1999, No. 656, §1, eff. July 1, 1999; Acts 1999, No. 802, §3, eff. July 2, 1999; Acts 2001, No. 826, §2, eff. June 26, 2001; Acts 2003, No. 594, §3, eff. June 27, 2003; Acts 2003, No. 846, §3, eff. July 1, 2003; Acts 2006, No. 449, §2, eff. June 15, 2006; Acts 2006, No. 465, §3, eff. June 15, 2006; Acts 2006, No. 631, §2, eff. June 23, 2006; Acts 2010, No. 861, §17; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2014, No. 811, §18, eff. June 23, 2014; Acts 2016, No. 338, §1, eff. June 2, 2016; Acts 2016, No. 557, §2; Acts 2018, No. 206, §2; Acts 2021, No. 211, §9; Acts 2022, No. 271, §7; Acts 2022, No. 592, §2A, eff. June 17, 2022.

NOTE: R.S. 40:2175 repealed by Acts 1999, No. 4, §1.

NOTE: See Acts 2022, No. 271, §71, and Acts 2006, No. 449, §4, repealing relative to effectiveness and powers and duties of the board of the South Central La. Human Services District.
La. Rev. Stat. § 36:237 — LA Code / Code revised-statutes / Title 36 / Section 237
Assistant secretaries
Status: in_force

A. Each office within the Department of Environmental Quality, except the executive office of the secretary and the office of management and finance, shall be under the immediate supervision and direction of an assistant secretary who shall be appointed by the governor with consent of the Senate. Each shall serve at the pleasure of the governor and shall be paid a salary which shall be fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session.

B. Except as otherwise expressly provided in this Title, the duties and functions of each office and its assistant secretary shall be determined by the secretary. The secretary may delegate to the assistant secretaries any authority, powers, duties, and exercise of discretion granted to the secretary or the department by Title 30, Subtitle II, and all of such duties and functions shall be exercised under the direct supervision and control of the secretary.

C. Except as otherwise provided in R.S. 36:801, each assistant secretary shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of his office and its programs and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws.

D. Each assistant secretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.

Added by Acts 1983, No. 97, §2, eff. Feb. 1, 1984; Acts 1999, No. 303, §2, eff. June 14, 1999.
La. Rev. Stat. § 36:907 — LA Code / Code revised-statutes / Title 36 / Section 907
Transfer of employees
Status: in_force

All employees heretofore engaged in the performance of duties in each agency transferred in accordance with this Part are hereby transferred to the department to which the employing agency is transferred, to the extent the secretary deems necessary to carry out the functions so transferred and shall, insofar as necessary and practicable, continue to perform the duties heretofore performed, subject to applicable state civil service laws, rules, and regulations.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
La. Rev. Stat. § 36:453 — LA Code / Code revised-statutes / Title 36 / Section 453
Secretary of revenue
Status: in_force

There shall be a secretary of the Department of Revenue, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of the Department of Revenue and shall have the responsibility for the policies of the department except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department; provided that the secretary shall perform his functions under the general control and supervision of the governor.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1997, No. 658, §1, eff. July 7, 1997.
La. Rev. Stat. § 36:358 — LA Code / Code revised-statutes / Title 36 / Section 358
Offices; purposes and functions
Status: in_force

A. The purposes for which the offices of the Department of Conservation and Energy are created shall be as set forth in this Section.

B. The office of the executive office of the secretary shall be responsible for assisting the secretary in the exercise of the functions and duties established in law of the secretary. Among the divisions included within the executive office of the secretary shall be the office of the natural resources commission to be headed by the deputy secretary and the office of legal services to be headed by an attorney designated by the secretary.

(1) The office of the natural resources commission may provide any necessary direct support to the natural resources commission. In addition, the office of the natural resources commission shall provide intergovernmental affairs and communications support to the commission and the department.

(2) The office of legal services shall provide general legal support for the department and its offices, including specialized support for state lands, minerals, and water resources, and shall oversee and administer the Saltwater and Oil Assessment Process as set forth in law.

C. The office of administration shall be responsible for accounting and budget control, procurement and contract management, data processing, management and program analysis, information technology and geographic information systems, strategic planning, and personnel management for the department and all of its offices, including the Natural Resources Trust Authority, subject to R.S. 39:1 et seq.

D. The office of permitting and compliance shall perform all permitting and compliance functions within the jurisdiction of the department consistent with law, including Act No. 548 of the 2006 Regular Session of the Legislature.

E. The office of state resources shall:

(1) Perform the functions of the state relating to the lease of or other contracts for the use of lands and water bottoms of the state for the development and production of minerals, oil, and gas, storage, and other energy related activities and supervision of such mineral leases and other agreements, in accordance with the law, including but not restricted to the exercise of the option of the state to receive in kind the portion due to the state as royalty of any minerals produced and severed from leased premises, and shall receive, administer, and control royalties and other storage and energy related payments due to the state in accordance with state law.

(2) Work in cooperation with the Center for Energy Studies to maintain current surface and subsurface geological surveys of the state, or otherwise at the discretion of the secretary or his designee; conduct geological mapping; prepare geological hazards assessments and resource inventories; and conduct process investigations and related studies.

(3) Provide for the administration of state water bottom management, the issuance of mineral, storage, and energy-related rights of way on state water bottoms and state lands, and energy-related leasing of state water bottoms and state lands as further set forth in law, including agreements related to the subsurface and above-ground storage of minerals, gasses, and products on state water bottoms or lands and receipt, administration, and control of payments due to the state under these agreements in accordance with state law. The secretary and the commissioner of administration shall enter into and maintain a memorandum of understanding regarding receipt, administration, and control of these payments to memorialize necessary arrangements associated with funding their respective departments.

(4) Provide for the administration of groundwater, surface water, and other water resources for quantity purposes, unless otherwise designated by the secretary following adequate review set forth by rule.

F. The office of enforcement shall be responsible for the inspection of the regulated community and the enforcement of laws and regulations within the jurisdiction of the department consistent with Act No. 548 of the 2006 Regular Session of the Legislature.

G. The office of energy shall organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs relating to the deployment and operation of alternative energy infrastructure in this state in a manner that results in affordable and reliable energy. The office of energy shall also work in cooperation with the Center for Energy Studies to create and carry out a central, comprehensive, and unified energy data and information program which will collect, evaluate, assemble, analyze, and disseminate data and information which is relevant to energy resource reserves, energy production, demand, and technology, and related economic and statistical information, or which is relevant to the adequacy of energy resources to meet demands in the near and longer term future of the state. The office of energy shall work to provide the department and the Natural Resources Commission with technical assistance and expertise in matters related to energy and natural resources and shall also work to identify policy options relative to energy related matters upon request. Finally, the office of energy shall coordinate with academic and research institutions who possess specialized expertise in areas related to energy and natural resources on behalf of the department.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 449, §3, eff. Jan. 1, 1980; Acts 1982, No. 698, §1; Acts 1983, No. 97, §7, eff. Feb. 1, 1984; Acts 1986, No. 581, §3, eff. July 2, 1986; Acts 1989, 2nd Ex. Sess., No. 6, §1, eff. July 14, 1989; Acts 1995, No. 95, §1, eff. June 12, 1995; Acts 1997, No. 239, §2; Acts 2003, No. 49, §1, eff. July 1, 2003; Acts 2009, No. 523, §1, eff. July 10, 2009; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2024, No. 727, §1, eff. July 1, 2024; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.

NOTE: See Acts 2009, No. 523, §§9 and 10, relative to transfer of duties and responsibilities to the Coastal Protection and Restoration Authority.
La. Rev. Stat. § 36:695 — LA Code / Code revised-statutes / Title 36 / Section 695
Actuary
Status: in_force

In addition to any function, duty, obligation, or responsibility of the Department of Insurance or of any other entity made a part thereof, the Department of Insurance shall employ a full-time actuary whose duties shall include review and analysis of legislation pending before the legislature during each legislative session and making such review and analysis available to the appropriate standing committees of the legislature and to the legislative fiscal officer.

Acts 1998, 1st Ex. Sess., No. 93, §4, eff. June 30, 1998.
La. Rev. Stat. § 36:723 — LA Code / Code revised-statutes / Title 36 / Section 723
Executive secretary
Status: in_force

There shall be an executive secretary of the Public Service Commission who shall be appointed by the commission with consent of the Senate and who shall serve at the pleasure of the commission at a salary fixed by the commission, which salary shall not exceed the amount approved for such position by the legislature while in session. The executive secretary shall be the chief administrative officer of the Department of Public Service. In addition to his other duties he shall be responsible for accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management for the department.

Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1978, No. 349, §1.
La. Rev. Stat. § 36:405 — LA Code / Code revised-statutes / Title 36 / Section 405
Deputy secretaries for public safety services, corrections services, and youth services
Status: in_force

A.(1) There shall be a deputy secretary for public safety services and a deputy secretary for corrections services. Each shall be appointed by the secretary and serve at the pleasure of the secretary at a salary fixed by the secretary, which salary shall not exceed the amount approved for such position by the legislature while in session. Each appointment by the secretary shall be submitted to the Senate for confirmation. The duties and functions of the deputy secretaries provided for in this Subsection shall be determined and assigned by the secretary, except that:

(a) The office of state police shall be under the immediate supervision and direction of the deputy secretary for public safety services.

(b) Public safety services, including the office of state police, the office of legal affairs, the office of motor vehicles, the office of state fire marshal, and code enforcement and building safety and their assistant secretaries shall be under the supervision and direction of the deputy secretary for public safety services. The deputy secretary for public safety services shall be an ex officio member of each board and commission in the Department of Public Safety and Corrections which is related to the functions of public safety services. However, the deputy secretary may appoint a designee to be his representative as an ex officio member of each board and commission which is related to the functions of public safety services.

(c) Corrections services shall be under the supervision and direction of the deputy secretary for corrections services.

(2) The deputy secretary for public safety services shall be selected from the ranks of sworn, commissioned state police officers who have graduated from the state police training academy. The deputy secretary for public safety services shall serve as acting secretary in the absence of the secretary over all functions of the department except corrections services and youth services. The deputy secretary for public safety services shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of public safety services and for the performance of the powers, duties, functions, and responsibilities of public safety services, including any agencies transferred to the department which are related to the functions of public safety services, except as otherwise provided by this Title. The deputy secretary for public safety services shall be solely responsible for employment, assignment, and removal of all personnel employed for public safety services on a contractual basis. The deputy secretary for public safety services shall be solely responsible for the transfer of all personnel within public safety services, and no personnel shall be transferred to or from public safety services to any other office of the department without his prior approval.

(3) The deputy secretary for corrections services shall serve as acting secretary in the absence of the secretary for functions of the department relating to corrections services.

(4) The deputy secretary for public safety services shall exercise the powers, rights, authority, and status provided by law for Louisiana state troopers.

B. Each deputy secretary, except the deputy secretary for youth services, shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.

C. In the event of an emergency in any correctional facility under the jurisdiction of corrections services which causes danger to life or property, and in connection with the imposition of the death penalty, the deputy secretary for corrections services may report directly to the governor.

D.(1) There shall be a deputy secretary for youth services. He shall be appointed by the governor and serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The appointment of the deputy secretary for youth services shall be submitted to the Senate for confirmation.

(2) The deputy secretary for youth services shall serve as the chief administrative officer of youth services and shall have responsibility for the overall administration, control, and operation of the affairs of youth services. The deputy secretary for youth services shall exercise all powers and authority granted to him by law subject to the overall direction and control of the governor and he shall report directly to the governor. The duties and functions of the deputy secretary for youth services shall be as provided by law and shall not be subject to change by the department secretary.

(3) Youth services, including the office of juvenile justice and its assistant secretary and the office of management and finance for youth services and its undersecretary*, shall be under the supervision and direction of the deputy secretary for youth services.

(4) The deputy secretary for youth services shall be an ex officio member of each board and commission in the Department of Public Safety and Corrections which is related to the functions of youth services. However, the deputy secretary may appoint a designee to be his representative as an ex officio member of each board and commission which is related to the functions of youth services.

(5) The deputy secretary for youth services shall serve as acting secretary in the absence of the secretary over all functions of the department related to youth services.

(6) The deputy secretary for youth services shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of youth services and for the performance of the powers, duties, functions, and responsibilities of youth services, including the office of juvenile justice and any agencies transferred to the department which are related to the functions of youth services, except as otherwise provided by this Title. The deputy secretary for youth services shall be solely responsible for employment, assignment, and removal of all personnel employed for youth services on a contractual basis. The deputy secretary for youth services shall be solely responsible for the transfer of all personnel within youth services, and no personnel shall be transferred to or from youth services to any other office of the department without his prior approval.

Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 1985, No. 335, §1, eff. July 9, 1985; Acts 1990, No. 2, §2, eff. July 1, 1990; Acts 1992, No. 297, §3; Acts 1995, No. 1188, §3, eff. June 29, 1995; Acts 1997, No. 1187, §1; Acts 1999, No. 174, §1; Acts 1999, No. 1120, §1; Acts 2004, No. 7, §1, eff. May 5, 2004, except see note re §7(B) below; Acts 2008, No. 565, §5; Acts 2009, No. 409, §3, eff. July 1, 2009; Acts 2024, No. 727, §1, eff. July 1, 2024.

NOTE: See Acts 1990, No. 2, §§5-11.

NOTE: See Acts 1995, No. 1188, §6.

*NOTE: Acts 2004, No. 7, §7(B) provides that provisions of the Act relative to the office of management and finance for youth services and relative to the office of management and finance for corrections services shall become effective on the effective date of the creation of the office of management and finance for youth services as provided in the approved transition plan as provided in Section 5 of the Act. References in R.S. 36:405(D)(3) to the office of management and finance for youth services and to the undersecretary for youth services would be subject to this provision.

NOTE: See Acts 2004, No. 7, §§5 and 6, relative to implementation.
La. Rev. Stat. § 36:356 — LA Code / Code revised-statutes / Title 36 / Section 356
Undersecretary; functions; office of administration
Status: in_force

A.(1) There shall be an undersecretary of the Department of Conservation and Energy, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for the position by the legislature while in session.

(2) The undersecretary shall be directly responsible to and shall perform his functions under the supervision and control of the secretary but for this Subsection, and shall otherwise be vested with the authority provided in the Section.

B. Subject to R.S. 39:1 et seq., the undersecretary shall direct and be responsible for the functions of the office of administration and the Louisiana Natural Resources Trust Authority within the Department of Conservation and Energy. In this capacity, the undersecretary shall be responsible for accounting and budgetary oversight, systems of internal control and financial compliance, procurement and contract management, information technology and data processing, management and program analysis, personnel management, and grants management for the department and all of its offices, including all agencies transferred to the Department of Conservation and Energy, except as otherwise specifically provided in this Title. The undersecretary shall employ, appoint, remove, assign, and promote personnel as is necessary for the efficient administration of the office of administration and the Louisiana Natural Resources Trust Authority and the performance of their powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.

C.(1) The duties and functions of the office of administration and of the undersecretary shall be as provided in this Section, and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary. The undersecretary shall:

(a) Ensure internal-control mechanisms to safeguard departmental assets and promote compliance with financial, administrative, and regulatory requirements. This responsibility shall include developing and enforcing written policies and procedures for the prevention and detection of fraud, waste, and abuse, as well as for proper budgeting, accounting, and reporting practices.

(b) Coordinate and oversee auditing, both internal and external, to evaluate the department's fiscal integrity and operational compliance. This shall include the authority to:

(i) Initiate or recommend financial, performance, and compliance audits of divisions, programs, or processes within the department.

(ii) Collaborate with the legislative auditor or any external auditor authorized by law, ensuring prompt access to records and cooperation by departmental staff.

(iii) Review and respond to audit findings, develop corrective-action plans, and monitor their implementation to resolve deficiencies.

(c) Regularly report to the secretary on the department's financial status, the results of any internal or external audits, and identified risks or potential areas of concern. In connection therewith, the undersecretary shall recommend policies, practices, or remedial actions necessary to enhance accountability and protect the department's resources.

(d) Have the authority to investigate personnel matters within the department, including allegations of misconduct, inefficiency, or violations of department policies, and to recommend to the secretary appropriate disciplinary action, consistent with civil service laws, rules, and regulations.

(e) Have the authority to utilize the services of contracted third-party firms to assist in the administration and management of the department.

(2) With express permission from the commissioner of administration, this Subsection may be exempt from R.S. 39:1551 et seq.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2024, No. 727, §1, eff. July 1, 2024; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
La. Rev. Stat. § 36:628 — LA Code / Code revised-statutes / Title 36 / Section 628
Offices; purposes and functions
Status: in_force

A. The purposes for which the offices of the Department of Agriculture and Forestry are created shall be as set forth in this Section.

B. Repealed by Acts 2009, No. 24, §7, eff. June 12, 2009.

C.(1) The office of agricultural and environmental sciences shall administer the provisions of law relating to fertilizers, seeds, plant diseases, pesticides, horticulture, and apiaries. The office shall perform technical services and laboratory functions for the farmers of the state and shall perform functions designed to expand and improve seed certification; increase production of rice and nursery stock; monitor and provide for the prevention, control, and eradication of regulated and exotic crop pests or diseases endangering Louisiana's agricultural, horticultural, and apiary industries; assure that products certified for export are free from pests; oversee the qualifications and practices of persons engaged in the green industry; sample pesticides, fertilizer, seed, and agricultural materials to assure that they meet all requirements of law and regulation; assure the proper labeling, distribution, storage, sale, offering for sale, and application of pesticides; license and regulate pesticide applicators and pest control companies; regulate the treatment, storage, and disposal of pesticide wastes; and perform other related functions, all in accordance with applicable law.

(2) The division of pesticide and environmental programs within the office of agricultural and environmental sciences shall administer the provisions of law relating to the treatment, storage, or disposal of pesticide wastes. The division shall coordinate programs for pesticide waste control with the appropriate agencies or departments within the state and federal government.

D. The office of agro-consumer services shall perform the functions of the state relating to the inspection of dairy products, the regulation of weights and measures, the licensing and inspection of statewide bonded warehouses, grain dealers, and cotton merchants and other such functions which insure quality agricultural products for the consumer, all in accordance with applicable law.

E. The office of animal health and food safety shall be responsible for the inspection of meat, fruits, and vegetables, the control and eradication of infectious diseases that affect the livestock and poultry industries of the state, the control of livestock theft and denying a market for stolen cattle and horses in Louisiana, the regulation of the manufacturing and sale of commercial feeds, and the enforcement of Louisiana-grown products and performance of other related functions, all in accordance with applicable law.

F. The office of forestry, under the direction of the commissioner, shall perform the functions of the state relating to the practice of forestry, in accordance with the policies established by the forestry commission, including the administration and supervision of the programs of the state for the protection, management, and preservation of this natural resource; shall execute the state laws relating to forestry and reforestation; and shall cooperate with the United States Forest Service in accordance with law.

G. The office of soil and water conservation, under the direction of the commissioner, shall perform the functions of the state relating to soil and water conservation.

Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1980, No. 497, §1; Acts 1981, No. 158, §2; Acts 1981, No. 391, §2; Acts 1986, No. 581, §2, eff. July 2, 1986; Acts 1988, No. 91, §1; Acts 2008, No. 920, §4, eff. July 14, 2008; Acts 2009, No. 24, §§3 and 7, eff. June 12, 2009; Acts 2010, No. 861, §17; Acts 2017, No. 52, §1; Acts 2020, No. 80, §1.

NOTE: See Acts 2009, No. 24, §§9-11 relative to transfer of certain authority to the La. Agricultural Finance Authority (associated with abolition of office of marketing and agro-economic development and State Market Commission).
La. Rev. Stat. § 36:306 — LA Code / Code revised-statutes / Title 36 / Section 306
Undersecretary; functions; office of management and finance
Status: in_force

A. There shall be an undersecretary of Louisiana Works, who shall be appointed by the governor with the consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The undersecretary shall be directly responsible to and shall perform his functions under the supervision and control of the secretary.

B. The undersecretary shall direct and be responsible for the functions of the office of management and finance within Louisiana Works. In such capacity he shall be responsible for accounting and budget control, procurement and contract management, management and program analysis, personnel management, and grants management for the department and all of its offices, including all agencies transferred to Louisiana Works, except as otherwise specifically provided in this Title. He shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1997, No. 1172, §5, eff. June 30, 1997; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2018, No. 380, §2, eff. June 30, 2018.
La. Rev. Stat. § 36:768 — LA Code / Code revised-statutes / Title 36 / Section 768
Offices; purposes and functions
Status: in_force

A. The purposes for which the offices in the Department of the Treasury are created shall be as set forth in this Section.

B. The office of the State Bond Commission shall perform the functions of the state relating to the management, analysis and control of state debt; functions relating to the issuance of state bonds, and other functions performed by the State Bond Commission, all in accordance with applicable law.

C. The office of state depository control and investment shall perform the functions of the state treasurer relating to accounting and fiscal control and depository control of all funds deposited in the state treasury or otherwise received by the state treasurer, administering the state's cash flow management program, investment of state funds, and assisting the retirement systems transferred to the department with their investment programs.

Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
La. Rev. Stat. § 36:256 — LA Code / Code revised-statutes / Title 36 / Section 256
Undersecretary; functions; office of management and finance
Status: in_force

A. There shall be an undersecretary of the Louisiana Department of Health, who shall be appointed by the governor with the consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for such position by the legislature while in session. The undersecretary shall be directly responsible to the secretary and shall perform his functions under the supervision and control of the secretary.

B. The undersecretary shall direct and be responsible for the functions of the office of management and finance within the Louisiana Department of Health. In such capacity, he shall be responsible for accounting and budget control, procurement and contract management, data processing, personnel management, and facility construction and consulting services, for the department and all of its offices, including all agencies transferred to the Louisiana Department of Health, except as otherwise provided in this Title. He shall employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the office of management and finance and the performance of its powers, duties, functions, and responsibilities, in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the department, all subject to budgetary control and applicable laws. The undersecretary shall exercise all powers and authority granted to him in this Title subject to the overall direction and control of the secretary.

C. The duties and functions of the office of management and finance and of the undersecretary shall be as provided in this Section and these duties and functions shall not be subject to change by the secretary, except that the undersecretary shall perform such additional duties and functions as are assigned by the secretary.

D. Repealed by Acts 1999, No. 656, §2, eff. July 1, 1999.

E. Repealed by Acts 1995, No. 369, §3.

Acts 1988, No. 772, §2, eff. July 17, 1988; Acts 1993, No. 170, §2, eff. May 31, 1993; Acts 1995, No. 369, §3; Acts 1999, No. 656, §2, eff. July 1, 1999.
La. Rev. Stat. § 36:504 — LA Code / Code revised-statutes / Title 36 / Section 504
Powers and duties of secretary of transportation and development
Status: in_force

A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:

(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.

(2) Determine the policies of the department, except as specifically provided for agencies transferred to the department as otherwise provided in this Title.

(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise specifically provided for agencies transferred to the department.

(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.

(5) Advise the governor on problems concerning the administration of the department.

(6) Act as the sole agent of the state or, in necessary cases, designate one of his subordinates within the department to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided by the constitution and laws of this state. The secretary shall have full and complete power to perform all duties imposed by law upon the department either directly or through his designated subordinates, except as specifically provided for agencies transferred to the department. This grant of power and authority to the secretary, shall be liberally construed to effectuate the purposes of this Chapter and the constitution and laws of this state.

(7) Make reports and recommendations on his own initiative or upon the request of the governor, the legislature, or any committee or member thereof.

(8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget statement which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and to the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of both houses of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.

(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:

(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.

(ii) The current salary of the person occupying each filled position shown on the organizational chart.

(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of a report pursuant to Paragraph (7) of this Subsection.

B. The secretary shall have authority to:

(1) Except as otherwise specifically provided in R.S. 36:801, R.S. 36:801.1, and R.S. 36:803:

(a) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.

(b) Employ, assign, and remove all personnel employed for the department on a contractual basis; and

(c) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs; all of the above to be accomplished in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the Department of Transportation and Development, and all subject to budgetary control and applicable laws.

(d) Negotiate and execute, for meaningful consideration, contracts that permit the use of bridges under the jurisdiction of the Department of Transportation and Development for installation of cables for communication systems. "Meaningful consideration" shall include but not be limited to a specific fee or rental during the period of the contract. The secretary shall promulgate the necessary rules and regulations to establish and assure a uniform criteria for the negotiation and execution of the aforementioned contracts. As nearly as is practicable such rules and regulations shall be promulgated sixty days after the effective date of this Subparagraph.

(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department.

(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.

(4) Formulate and promulgate rules of administration for the department relating to employment and management.

(5) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.

(6) Eliminate positions within the department deemed to be unnecessary in fulfilling the goals of the office of transformation in accordance with civil service rules.

(7) Enter into agreements with other state agencies for the purpose of developing and implementing programs that ensure adequate, safe, and efficient transportation and public works infrastructure and services throughout the state.

(8) To utilize any lawful means to monitor, enforce, and collect penalties for violations occurring within state construction zones. The provisions of this Section shall be applicable notwithstanding any provision of law to the contrary.

Acts 1988, No. 488, §1, eff. July 9, 1988; Acts 1988, No. 762, §2, eff. July 15, 1988; Acts 1990, No. 272, §1, eff. Sept. 1, 1990; Acts 1998, 1st Ex. Sess., No. 71, §1, eff. July 1, 1998; Acts 2012, No. 866, §3, eff. Jan. 1, 2013; Acts 2016, No. 557, §2; Acts 2025, No. 375, §1.
La. Rev. Stat. § 36:926 — LA Code / Code revised-statutes / Title 36 / Section 926
Transfer of property
Status: in_force

All books, papers, records, money, actions, and other property of every kind, movable and immovable, real and personal, heretofore possessed, controlled, or used by each agency abolished whose powers, duties, functions, and responsibilities are transferred in accordance with this Part are hereby transferred to the department to which such powers, duties, functions, and responsibilities are transferred.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
La. Rev. Stat. § 36:1 — LA Code / Code revised-statutes / Title 36 / Section 1
Short title
Status: in_force

This Title shall be known and may be cited as the Executive Reorganization Act.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
La. Rev. Stat. § 36:356.1 — LA Code / Code revised-statutes / Title 36 / Section 356.1
Louisiana Natural Resources Trust Authority; establishment; powers
Status: in_force

A. The Louisiana Natural Resources Trust Authority, empowered and governed by the State Mineral and Energy Board pursuant to R.S. 30:121 et seq., possesses the authorities outlined in this Chapter, operating in conjunction with and through the State Bond Commission and the Louisiana Department of Treasury as required by law. The authority shall develop a strategic plan outlining the financial challenges facing energy and natural resources-related projects in the state and the authority's plans and goals in addressing them. The authority may establish an executive committee with delegated responsibilities, excluding interest rate determinations.

B. The authority's powers shall also include the following:

(1) Setting financial obligations of operators or applicants, consistent with the purposes, authorities, and functions of the Department of Conservation and Energy and its officers.

(2) Indemnifying members, officers, and employees against liabilities.

(3) Executing necessary contracts and instruments.

(4) Entering agreements for deductions, payments, and the administration of Paragraph (5) of this Subsection.

(5) Soliciting, accepting, and expending grants.

(6) Bonding, financing, or otherwise acting as a State Energy Financing Institution pursuant to federal law, to fund or assist in funding a plant or facility demonstrating technological advances of new methods and procedures and prototype application for the exploration, development, production, transportation, conversion, and use of energy resources, or other programs which may become available under the Loan Programs Office of the U.S. Department of Energy, or any successor office or agency.

(7) Establishing and administering mechanisms to satisfy financial security requirements in lieu of traditional instruments, including but not limited to the collection and management of cash payments and fees from participating operators.

C. The authority may adopt rules and regulations in accordance with the Administrative Procedure Act for the following purposes:

(1) Establishing residency requirements, participant limits, and account accrual limits.

(2) Regulating substitutions, transfers, or other financial instruments necessary to meet plugging or abandonment obligations.

(3) Setting interest rates with state treasurer approval.

(4) Handling abandoned accounts as provided by law.

(5) Adopting investment guidelines.

(6) Establishing procedures and standards for worthiness of applications.

(7) Establishing fees and other provisions necessary to implement this Chapter.

D. The authority may request that the state treasurer invest funds, or any portion thereof, under the control of the authority in accordance with the provisions of R.S. 33:2955, including the use of the Louisiana Asset Management Pool.

Acts 2024, No. 727, §1, eff. July 1, 2024; Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
La. Rev. Stat. § 36:501 — LA Code / Code revised-statutes / Title 36 / Section 501
Department of Transportation and Development; creation; domicile; composition; purposes and functions
Status: in_force

A. The Department of Transportation and Development is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.

B. The Department of Transportation and Development, through its offices and officers, shall be responsible for developing and implementing programs to assure adequate, safe, and efficient transportation and other public works facilities and services in the state in accordance with the transfer of agencies and functions made by this Chapter. The department shall develop and implement programs in all areas of transportation, including highways, airports, waterways, flood protection, and mass transit, as well as public works activities, in accordance with such transfers.

C.(1) The Department of Transportation and Development shall be composed of the executive office of the secretary, the office of transformation, the office of management and finance, the office of project delivery, the office of operations, the office of multimodal commerce, and such other offices as shall be created by law.

(2) Whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 445, §1, eff. July 13, 1979; Acts 1981, No. 693, §1; Acts 1987, No. 736, §1; Acts 1988, 1st Ex. Sess., No. 2, §1, eff. Mar. 28, 1988; Acts 1988, No. 488, §1, eff. July 9, 1988; Acts 1997, No. 1381, §1, eff. July 1, 1997; Acts 1998, 1st Ex. Sess., No. 71, §1, eff. July 1, 1998; Acts 2006, 1 st Ex. Sess., No. 6, §2; Acts 2006, No. 11, §3; Acts 2009, No. 523, §1, eff. July 10, 2009; Acts 2011, No. 261, §1, eff. June 28, 2011; Acts 2014, No. 719, §1, eff. July 1, 2016; Acts 2025, No. 375, §1.

NOTE: SEE ACTS 1987, NO. 736, §3.

NOTE: SEE ACTS 1988, NO. 488, §§2, 3.

NOTE: SEE ACTS 1990, NO. 601, §§3-5.

NOTE: See Acts 2009, No. 523, §§9 and 10, relative to transfer of duties and responsibilities to the Coastal Protection and Restoration Authority and the transfer of business, employees, programs, etc. of the authority and the Office of Coastal Protection and Restoration in the office of the governor.
La. Rev. Stat. § 36:104 — LA Code / Code revised-statutes / Title 36 / Section 104
Powers and duties of the secretary of economic development
Status: in_force

A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, the secretary shall:

(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.

(2) Determine the policies of the department, except as otherwise provided by this Title.

(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.

(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.

(5) Advise the governor on problems concerning the administration of the department.

(6) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose, the secretary may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state. The office shall develop and implement a plan to actively seek federal, private, and other grants to support the activities of the department and advance the economic growth and prosperity of the state.

(7) Make, publish, and submit electronically an annual report to the governor, every member of the legislature, and the Senate Committee on Commerce, Consumer Protection, and International Affairs, and the House Committee on Commerce concerning the operations of the department, including an overview of each business incentive and assistance program administered by the department, and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon request of the governor, the legislature, or any committee or member thereof. The overview of each business incentive and assistance program administered by the department shall include a brief description of each program's objective and annual activity and performance information including, as applicable, number of applications received, number of new projects, amount of associated certified spending in the state, number of new permanent jobs, number of construction jobs, number of retained permanent jobs, amount of associated capital investment, and amount of incentive awarded.

(8) Repealed by Acts 2010, No. 1034, §3.

(9) Provide assistance to, respond to inquiries from, and obtain information for individual businesses, firms, and local communities concerning regulatory matters, including matters relating to compliance with regulatory policies, rules, and programs, timely responses to permit applications, and consistency in regulatory practices.

(10) Provide for promotion and marketing of business opportunities in the state.

(11) Foster and enhance international maritime trade.

(12) Provide planning and marketing coordination and assistance to the ports of Louisiana and connecting waterways' interest.

(13) Insure that an inventory is maintained of ports, navigable waterways, water transportation facilities, intermodal transportation systems and facilities, and infrastructure transportation systems, public and private, with respect to their location, capacities, and capabilities and serve as a clearinghouse for inquiries pertaining to ports, waterways, and intermodal transportation systems.

(14) Notwithstanding other provisions in this Subsection, the secretary of Louisiana Economic Development may provide targeted economic development efforts in priority economic development zones. Such targeted programs shall be in addition to programs already in existence or any programs that may have been implemented in these areas by the department under normal circumstances. "Priority economic development zone" means any parish listed as one of the ten parishes with the highest unemployment rates in Louisiana and any municipality listed as one of the twenty-five municipalities with the highest unemployment rates in Louisiana as of July first of any given year and according to statistics compiled by Louisiana Works.

(15)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:

(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.

(ii) The current salary of the person occupying each filled position shown on the organizational chart.

(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (7) of this Subsection.

(16) Develop a comprehensive strategic plan and long-range economic development plan in consultation with, and advice from, the Louisiana Economic Development Partnership.

(17)(a) Notwithstanding any provision of law to the contrary and with the approval of the commissioner of administration, have the authority to:

(i) Enter into a cooperative endeavor agreement or an interagency agreement providing for the lease, sublease, or sale of property that is designated by the commissioner of administration to be under the control and supervision of Louisiana Economic Development for establishment and operation of a facility for the purpose of creating economic benefits to the state, including new jobs, payroll, or other benefits.

(ii) Directly purchase property by act of cash sale or enter into an option for purchase of property for the purpose of creating economic benefits to the state, including new jobs, payroll, or other benefits.

(b) Any revenue received from the lease, sublease, or sale of property pursuant to this Paragraph shall be deemed self-generated revenue and shall be deposited into the Site Investment and Infrastructure Improvement Fund.

(c) For the sole purpose of exercising the authority granted in accordance with Subparagraph (a) of this Paragraph, and with the approval of the division of administration, the department may create a single purpose entity that shall have the authority to act on behalf of the department for the limited purposes listed in Subparagraph (a) of this Paragraph.

(d) Any lease, sublease, or sale of property listed in this Paragraph has to first be approved by the commissioner of administration. After the lease, sublease, or sale of property has been initiated, the Joint Legislative Committee on the Budget shall have oversight on the purchase process.

B. The secretary shall have the authority to:

(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:

(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it;

(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis, and

(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.

(b) All of the above are to be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of Louisiana Economic Development, and all are subject to budgetary control and applicable laws.

(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.

(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.

(4) Formulate and promulgate rules of administration for the department relating to employment and management.

(5) Assist small businesses, including minority businesses, of the state in capital formation, offer assistance to such small businesses in obtaining such local, state, and federal permits as are necessary for the conduct of business, and provide through the department for ongoing technical and management assistance to small businessmen throughout the state.

(6) Do other such things, not inconsistent with law, as are necessary to perform properly the functions vested in him.

(7) Establish and collect fees and recover costs from any person applying for financial incentives or assistance granted by the department, not exceeding the amounts provided for in Subsection C of this Section. The amount of the fees shall be established in rules promulgated in accordance with the Administrative Procedure Act. The rules may also include provisions for the reduction or waiver of fees and advance deposit for costs. All fees shall be nonrefundable unless otherwise provided for by rules.

(8) Enter into interagency or cooperative agreements with the Department of Environmental Quality to explore and develop markets and technologies for used or recycled tire rubber that will assist and enable the development of Louisiana businesses.

(9) Establish and collect a verification report fee, as defined in R.S. 36:104.1, as required for a Louisiana Economic Development incentive program. The fee shall be established and collected as provided in R.S. 36:104.1, and as may be further provided by rule promulgated in accordance with the Administrative Procedure Act.

(10) Notwithstanding any provision of law to the contrary, exercise discretion in reconsidering the disallowance of any amounts of an incentive administered by Louisiana Economic Development when the basis of the disallowance relates to the expiration of filing deadlines or the failure to perform a requirement of the program due to the occurrence of an event beyond the control of the incentive recipient.

C. The amount of fees and costs shall not exceed the following:

(1) The fee for an advance notification shall not exceed two hundred fifty dollars.

(2) The fee for filing an application shall be equal to one-half of one percent of the amount of the incentives or exempted taxes. However, the minimum amount shall be five hundred dollars and the maximum amount of the fee shall be fifteen thousand dollars.

(3) The fee for a loan guaranty shall not exceed four percent of the guaranteed loan amount.

(4) The fee for an affidavit of final cost or project completion report, regardless of whether it is the original report or an amended report, shall not exceed two hundred fifty dollars.

(5) The fee for an annual certification report, including but not limited to compliance reports, employee reports, and payroll reports shall not exceed two hundred fifty dollars.

(6) The fee for a contract amendment, including but not limited to a transfer or name change shall not exceed two hundred fifty dollars.

(7) The fee for a contract renewal shall not exceed two hundred fifty dollars.

(8) The fee for a statutorily required verification report, including but not limited to an expenditure verification by a certified public accountant or tax attorney, audits, attestations, tax opinions, or other reports under agreed-upon procedures shall not exceed the actual cost to the department based on hours expended at a rate not to exceed two hundred fifty dollars an hour for department-contracted services or salary and benefits for department employee services.

D. Fees collected pursuant to Subsection C of the Section shall be used solely for costs associated with the administration of department programs.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1980, No. 614, §1; Acts 1986, No. 684, §1; Acts 1987, No. 736, §1; Acts 1988, No. 563, §1, eff. July 14, 1988; Acts 1991, No. 490, §1, eff. July 15, 1991; Acts 1993, No. 736, §1; Acts 2003, No. 183, §2; Acts 2003, No. 789, §2; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 1034, §§1, 3; Acts 2015, No. 361, §1, eff. July 1, 2015; Acts 2015, No. 412, §1; Acts 2016, No. 557, §2; Acts 2024, No. 590, §1, eff. June 11, 2024; Acts 2025, No. 432, §1.
La. Rev. Stat. § 36:154 — LA Code / Code revised-statutes / Title 36 / Section 154
Powers and duties of secretary of elderly affairs
Status: in_force

NOTE: See note below regarding effectiveness.

A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:

(1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.

(2) Determine the policies of the department, except as otherwise provided by this Title.

(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title. The rules and policies of the Office of Elderly Affairs in effect on the effective date of this Paragraph shall remain in effect as rules of the Department of Elderly Affairs and such rules shall remain in effect subject to their own provisions until changed as provided in this Paragraph.

(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.

(5) Advise the governor on problems concerning the administration of the department.

(6) Act as the sole agent of the state or, in necessary cases, designate one of the officers within the department to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.

(7) Make and publish an annual report to the governor and the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department and make other reports and recommendations on his own initiative or upon request of the governor, the legislature, or any committee or member thereof.

(8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the governor and the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of both houses of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.

(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:

(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.

(ii) The current salary of the person occupying each filled position shown on the organizational chart.

(b) The secretary may submit the annual report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (7) of this Subsection.

B. The secretary may:

(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:

(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the secretary and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department, and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.

(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis.

(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.

(b) All of the provisions of Subparagraph (a) of this Paragraph shall be accomplished in accordance with applicable civil service laws, rules, and regulations, and with policies and rules of the Department of Elderly Affairs, and all shall be subject to budgetary control and applicable laws.

(2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.

(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department, and take such actions as are necessary to comply with conditions required for such acceptance.

(4) Formulate and promulgate rules of administration for the department relating to employment and management.

(5) Do such other things not inconsistent with law as are necessary to perform properly the functions vested in him.

Acts 2013, No. 384, §3, eff. upon contingencies contained in Acts 2013, No. 384, §9(B); Acts 2016, No. 557, §2.
La. Rev. Stat. § 36:360 — LA Code / Code revised-statutes / Title 36 / Section 360
Administrative process for resolution of disputes
Status: in_force

A. It is the intent of the legislature to establish a voluntary administrative process to provide an alternative means of resolving disputes arising from activities under the jurisdiction of the Department of Conservation and Energy. This process may be utilized upon mutual agreement of all parties involved as an alternative to any other administrative or judicial processes provided by law.

B. Procedural requirements.

(1) The administrative process shall initiate upon the submission of written requests by all involved parties to the secretary of the Department of Conservation and Energy. The secretary may deny the request at his discretion, but notice of such denial shall be sent to all parties at the addresses provided in the written requests. If the secretary does not deny the request to utilize the administrative process, then the secretary shall forward to all parties an agreement setting forth the details of the process, how the hearing master's costs shall be paid, and other details of the process along with the retired judges list provided for in Paragraph (2) of this Subsection. The administrative process shall not proceed until all parties have signed the agreement and the secretary appoints a hearing officer as set forth in Paragraph (2) of this Subsection.

(2) Upon receipt of the agreement signed by the parties, the secretary shall appoint a hearing master as follows:

(a) Qualified hearing masters shall be retired judges included in the retired judges list maintained by the Louisiana Supreme Court, licensed to practice law in the state, and in good standing with the Louisiana State Bar Association. They shall not have conflicts or relationships that could compromise impartiality, and they shall disclose any potential conflicts upon discovery.

(b) Preference shall be given to retired judges with expertise in administrative law, regulatory compliance, environmental matters, or relevant industry practices. The department may maintain and update a list of preferred candidates meeting these criteria.

(c) The parties shall jointly select a hearing master from the provided list within ten days. If agreement on selecting the hearing officer is not reached within fifteen days, the parties shall alternately strike names from the list until only one candidate remains, who shall be appointed by the secretary, subject to their availability. If unavailable, the process shall be repeated until an appointment is finalized.

C. Scope. The parties may mutually define the scope of matters subject to resolution through this administrative process, provided those matters involve activities that are within the jurisdiction and authority of the department as provided by law.

D. Recordation. The signed agreement to utilize this administrative process shall be recorded in the conveyance records of the parish where the regulated activity or disputed issue occurred. If the activity or issue is located in more than one parish, then the agreement shall be recorded in the conveyance records of all parishes where it is located.

E. Decision and remedies.

(1) The hearing master may grant any appropriate remedy or combination of remedies permissible under applicable law, including but not limited to monetary damages, injunctive relief, or specific performance.

(2) The hearing master shall issue a draft decision and provide copies via certified mail to the parties, the department, the Department of Environmental Quality, and the Department of Wildlife and Fisheries for their review and comments, which shall be provided to the hearing master, other parties, and the department within thirty days. If no comments are submitted, the hearing officer shall issue his decision within fifteen days following the end of the thirty-day comment period. If comments are submitted, the hearing officer shall have thirty days from receipt of the last comment or from the end of the thirty-day comment period, whichever is later, to issue his decision. If a comment is submitted by one of the three departments in which a department states that the draft decision must be revised in order to meet compliance with one of its applicable laws, rules, or regulations, then the hearing officer shall revise the draft decision accordingly prior to issuing his decision.

(3) Any decision issued by the hearing master is final unless a review is requested by any party within thirty days of the issuance of his decision. A review, if requested, shall be conducted en banc by a panel of three hearing masters selected pursuant to the procedure provided pursuant to Paragraph (B)(2) of this Section.

(4) If conducted, the panel shall issue a draft decision and provide copies via certified mail to the parties, the department, the Department of Environmental Quality, and the Department of Wildlife and Fisheries for their review and comments, which shall be provided to the panel, other parties, and all three departments within thirty days of receipt of the draft decision. If no comments are submitted, then the panel shall issue its decision within fifteen days following the end of the thirty-day comment period. If comments are submitted, the panel has thirty days from receipt of the last comment or from the end of the thirty-day comment period, whichever is later, to issue its decision. If a comment is submitted by one of the three departments in which a department states that the draft decision must be revised in order to meet compliance with one of its applicable laws, rules, or regulations, then the panel shall revise the draft decision accordingly prior to issuing its decision. The decision of the panel is final.

F. Publication. All final decisions and the rationale therefor shall be published on the department's website within thirty days of issuance.

G. Preemption. Unless all parties agree otherwise at the time they request the administrative process, any pre-existing and duly recorded contractual agreements or leases governing the relationship between the parties shall supersede this administrative process. A settlement agreed to by the parties after initiation of the administrative process but prior to the final decision of the hearing master shall supersede the administrative process as to the parties to the settlement.

H. Rulemaking authority. The department shall promulgate rules as necessary to implement the provisions of this Section.

Acts 2025, No. 458, §4, eff. Oct. 1, 2025.

NOTE: R.S. 36:600 as enacted by Acts 2025, No. 458 redesignated to R.S. 36:360.
La. Rev. Stat. § 36:2 — LA Code / Code revised-statutes / Title 36 / Section 2
Declaration of policy, purposes, and intent
Status: in_force

A. The legislature hereby recognizes and accepts the responsibility vested in it by the constitution of 1974, wherein in Article IV, Section 1 and Article XIV, Section 6, the legislature is mandated to effect reorganization of the executive branch of state government by allocation and/or reallocation of the functions, powers, duties, and responsibilities of all departments, offices, agencies, and instrumentalities of the executive branch of state government, except the offices of governor and lieutenant governor, into not more than twenty departments, and wherein it is further required that allocation of the functions, powers, and duties of all departments, offices, agencies, and other instrumentalities of the executive branch, except those functions, powers, duties, and responsibilities allocated by the constitution, shall be as provided by law, and wherein it is further provided that such allocation is insusceptible to veto by the governor. Recognizing that the constitution requires such allocation to become operative not later than December 31, 1977, and in order to provide for the orderly allocation and reallocation thus required to achieve the purposes of the constitution, the legislature enacts this Title for the purpose of designating the departments within the executive branch of the state government, creating and providing with respect to such departments and allocating to these departments the powers, duties, functions, and responsibilities of those boards, commissions, departments, offices, agencies, and other instrumentalities within the executive branch of the state government. The legislature hereby specifically reserves to itself the power and authority vested in it by the constitution to complete and make operative the reorganization of the executive branch of state government no later than December 31, 1977, through such additional legislative action insusceptible of gubernatorial veto as it finds necessary fully to carry out this constitutional mandate.

B. To accomplish the purposes above set forth, specifically enumerated agencies are herein transferred into the departments created and provided for in this Title and other specifically enumerated agencies are abolished. The powers, duties, functions, and responsibilities of such agencies are herein transferred and/or merged and consolidated into such departments, all in the manner and to the extent provided in this Title.

C. It is the public policy of this state and the purpose of this Title to create a structure for the executive branch of state government which is responsive to the needs of the people of this state and which is sufficiently flexible to meet changing human and natural conditions; to promote economy and efficiency in the operation and management of state government and to strengthen the executive capacity for effective, efficient, and economic administration at all levels; to improve the quality of the functions performed and the programs and services rendered by state government for the citizens of the state; to conserve and enhance the human and natural resources of the state; to provide that the responsibility of the respective departments for the implementation of programs and policies is clearly fixed and ascertainable; and to eliminate to the fullest practicable extent duplication of effort within the executive branch of state government in order to use wisely the funds of the state and more conveniently to meet the needs of the citizens of Louisiana which are supported by revenues derived from the people and from the natural resources belonging to them.

D. It is the further intent of the legislature that the reorganization of the executive branch of state government shall be accomplished with the least possible disruption of governmental services and the least possible expenditure of public moneys and that all officials and employees participating in the effectuation of such reorganization shall at all times be charged with the responsibility for carrying out the intent herein stated.

E. It is further the intent of the legislature that the statutory functions, powers, and duties of any agency existing before the effective date of this Title, which is not abolished by this Title, shall not be increased, decreased, or changed, unless such intent is specifically and clearly expressed in this Title or in legislation hereafter enacted. None of the constitutional or statutory powers, duties, functions, or responsibilities of the various constitutionally provided for higher education boards shall be increased, decreased, or changed hereby nor shall this Title be construed to provide that any such powers, duties, functions, or responsibilities of any such board are to be exercised by any other official or agency.

F. This Title shall in no instance grant any new authority or expand the existing authority of any official or agency to regulate the activities of any person or business enterprise or regulate or interfere with the right to property, unless such authority existed on the effective date of this Title in an official or agency and the powers and duties of said official or agency were transferred to or merged into an official or agency established herein.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.
La. Rev. Stat. § 36:744 — LA Code / Code revised-statutes / Title 36 / Section 744
Transfer of boards, commissions, and agencies to the Department of State
Status: in_force

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 (R.S. 18:23 through 27) shall be within the Department of State, as provided in R.S. 36:802.

C. The following agencies are placed within the Department of State in accordance with the provisions of R.S. 36:901 et seq. except as otherwise provided by this Subsection:

(1) The Louisiana Historical Records Advisory Board (R.S. 44:501 through 503).

(2) The Advisory Board of the Old State Capitol (R.S. 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 (R.S. 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 (R.S. 44:427).

(5) The Voting Accessibility Advisory Group (R.S. 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 R.S. 36:921 et seq.:

(1) The State Archives and Records Commission and the State Archives and Records Service (R.S. 25:127 and R.S. 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 Article IV, Section 20 of the Constitution of Louisiana. 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 R.S. 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 R.S. 36:851 et seq. However, the commissioner of elections shall be an agent for service of process as provided in R.S. 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 R.S. 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 (R.S. 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 (R.S. 25:380.91 et seq.).

(d) The governing board of the Germantown Colony Museum (R.S. 25:380.151 et seq.).

(e) The Regional Museum Governing Board of the Louisiana State Exhibit Museum (R.S. 25:379 et seq.).

(f) The governing board of the Louisiana State Cotton Museum (R.S. 25:380 et seq.).

(g) The governing board of the Louisiana State Oil and Gas Museum (R.S. 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 R.S. 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 (R.S. 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 (R.S. 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.
La. Rev. Stat. § 36:645 — LA Code / Code revised-statutes / Title 36 / Section 645
Powers and duties of state superintendent of education
Status: in_force

A. In addition to the functions, powers, and duties otherwise vested in the state superintendent by law, he shall:

(1) Represent the public interest in the administration of this Chapter and be responsible to the legislature and the public therefor.

(2) Determine the policies of the department, except as otherwise provided by this Title and by the Louisiana Constitution.

(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.

(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.

(5) Except for agencies transferred as provided in R.S. 36:801.1, and except for provisions of the constitution to the contrary, act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its deputy superintendent, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.

(6) Make and publish an annual report to the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department and make other reports and recommendations on his own initiative or upon request of the legislature or any committee or member thereof.

(7) Provide for the ongoing merger and consolidation of the agencies and functions transferred to the department and submit a report thereon to the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices and administrative and programmatic divisions of the department, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action. A copy of the report and recommended legislation shall also be submitted by the state superintendent to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.

(8) Perform the functions of the state relating to personnel management of the department in accordance with applicable law.

(9)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:

(i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.

(ii) The current salary of the person occupying each filled position shown on the organizational chart.

(b) The state superintendent may submit the report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (6) of this Subsection.

B. The state superintendent shall have authority to:

(1)(a) Except as otherwise specifically provided in R.S. 36:801, 801.1, 801.2, and 803:

(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the state superintendent and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it.

(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis, and

(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.

(b) All of the above are to be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the Department of Education, and all are subject to budgetary control and applicable laws.

(2) Appoint, subject to legislative approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by concurrent resolution of the legislature.

(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.

(4) Formulate and promulgate rules of administration for the department relating to employment and management.

(5) Do such other things not inconsistent with law, as are necessary to perform properly the functions vested in him.

C. The state superintendent shall perform and exercise his powers, duties, functions, and responsibilities in accordance with the provisions of R.S. 36:801.2 and the constitution.

Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1987, No. 736, §1; Acts 1989, No. 190, §2, eff. June, 26, 1989; Acts 2011, No. 302, §1, eff. June 28, 2011; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2013, No. 327, §1; Acts 2016, No. 557, §2.
La. Rev. Stat. § 36:629 — LA Code / Code revised-statutes / Title 36 / Section 629
Transfer of boards, commissions, departments, and agencies to the Department of Agriculture and Forestry
Status: in_force

A. For purposes of this Chapter, references in Chapters 22 and 24 of this Title to "secretary" shall refer to the commissioner of agriculture and forestry, references to the "undersecretary" shall refer to the assistant commissioner for management and finance, and references to an "assistant secretary" shall refer to an assistant commissioner, except the assistant commissioner for management and finance.

B. The following agencies are transferred to and hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that they shall continue to appoint their own director and assistant director or personnel to fill comparable positions as authorized by law:

(1) Structural Pest Control Commission (R.S. 3:3361 et seq.).

(2) Louisiana Board of Animal Health (R.S. 3:2091 et seq. and other provisions of Title 3 of the Louisiana Revised Statutes of 1950 that apply to the board). Notwithstanding the provisions of this Subsection, the Louisiana Board of Animal Health shall serve solely in an advisory capacity with respect to the meat inspection program, as provided in R.S. 3:4222(C).

(3) Louisiana Commission of Weights and Measures (R.S. 3:4601 et seq.).

(4) Louisiana Animal Control Advisory Task Force (R.S. 3:2364).

C. The following agencies are transferred to and hereinafter shall be within the Department of Agriculture and Forestry, as provided in R.S. 36:901 et seq., except that the agencies shall continue to appoint their own directors and assistant directors or personnel to fill comparable positions as provided by law:

(1) Livestock Brand Commission (R.S. 3:731 et seq.).

(2) Louisiana Advisory Commission on Pesticides (R.S. 3:3211 et seq.).

D. The following agencies are transferred to and hereinafter shall be within the Department of Agriculture and Forestry, as provided in R.S. 36:802, except that the commissioner of agriculture shall return all funds that he collects for the agency, including proceeds from assessments and license fees, to the agency less the actual cost of collecting the assessment or license fee. Each such agency shall continue to control its own funds subject to the budgetary review of the commissioner of agriculture and the deputy commissioner for management and finance. In addition, each of the agencies provided for in this Subsection shall continue to appoint its own director and assistant director or personnel to fill comparable positions as authorized by law:

(1) Louisiana Egg Commission (R.S. 3:835 et seq.).

(2) Louisiana Rice Promotion Board (R.S. 3:3531 et seq.).

(3) Louisiana Rice Research Board (R.S. 3:3541 et seq.).

(4) Louisiana Soybean and Grain Research and Promotion Board (R.S. 3:3551 et seq.).

(5) Louisiana Strawberry Marketing Board (R.S. 3:730.1 et seq.).

(6) Louisiana Beef Industry Council (R.S. 3:2051 et seq.).

(7) Louisiana Crawfish Promotion and Research Board (R.S. 3:556.1 et seq.).

E. The Louisiana Sweet Potato Advertising and Development Commission (R.S. 3:1741 et seq.) is hereby transferred to and hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that the commissioner of agriculture shall return all funds that he collects for the agency, including proceeds from assessments and license fees, to the agency less the actual cost of collecting the assessment or license fee. The Louisiana Sweet Potato Advertising and Development Commission shall continue to control its own funds subject to the budgetary review of the commissioner of agriculture and the deputy commissioner for management and finance. In addition, the commission shall continue to employ its own director and such other personnel as is necessary to carry out its functions as provided by law.

F. The Dairy Stabilization Board (R.S. 3:4101 et seq.) is hereby transferred to and hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:901 et seq.

G. The Horticulture Commission of Louisiana (R.S. 3:3801) is transferred to and hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802.

H. The following agencies are placed within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that the agencies, subject to the approval of the commissioner of agriculture and forestry, shall appoint their own directors and assistant directors:

(1) The Louisiana Agricultural Commodities Commission (R.S. 3:3401 et seq.).

(2) The Louisiana Agricultural Finance Authority (R.S. 3:261 et seq.).

I. The Dairy Industry Promotion Board (R.S. 3:4151 et seq.) hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that the commissioner of agriculture shall return all funds that he collects for the agency, including proceeds from assessments and penalties, to the agency, less the actual cost of collecting the assessments or penalties. The board shall control its own funds subject to the budgetary review of the assistant commissioner for management and finance and the budgetary approval of the commissioner of agriculture. In addition, the board shall appoint its own director and assistant director, subject to the provisions of R.S. 3:4151 et seq.

J. The Louisiana Forestry Commission (Article IX, Section 8(B) and (C) of the Constitution of Louisiana and Chapter 28 of Title 3 of the Louisiana Revised Statutes of 1950) hereafter shall be within the Department of Agriculture and Forestry in accordance with the provisions of R.S. 36:802, except as otherwise provided in this Subsection:

(1) The Louisiana Forestry Commission shall appoint the state forester as provided in Article IX, Section 8(C) of the Constitution of Louisiana and with the consent of the Senate. He shall serve as the assistant commissioner for the office of forestry and as secretary to the Louisiana Forestry Commission.

(2) All employees of the office of forestry of the Department of Conservation and Energy are transferred to the office of forestry of the Department of Agriculture and Forestry.

(3) An appropriate percentage of the administrative employee positions, and the employees holding those positions, of the Louisiana Forestry Commission which were transferred to the Department of Conservation and Energy are transferred to the Department of Agriculture and Forestry. The secretary of natural resources and the commissioner of agriculture and forestry shall jointly determine the appropriate number of administrative positions and personnel to be transferred. This determination and the resulting transfer shall be effected no later than the last day of September of 1986.

(4) All funds appropriated to the Louisiana Forestry Commission and the office of forestry of the Department of Conservation and Energy shall be transferred to those entities in the Department of Agriculture and Forestry.

(5) Any appropriation for Fiscal Year 1986-1987 to the Louisiana Forestry Commission or the office of forestry within the Department of Conservation and Energy shall be deemed to be appropriated to those entities within the Department of Agriculture and Forestry.

(6) All property and facilities owned and operated by or leased by or for the Louisiana Forestry Commission or the office of forestry of the Department of Conservation and Energy are transferred to those entities within the Department of Agriculture and Forestry.

(7) The fleet of airplanes operated by the Louisiana Forestry Commission and the office of forestry of the Department of Conservation and Energy is specifically transferred to the Department of Agriculture and Forestry. All airplanes operated by the Department of Agriculture and Forestry shall be under the exclusive jurisdiction of that department. Subject to the provisions of R.S. 2:1 et seq., the department may provide guidelines and procedures for the use and operation of its aircraft.

(8) The office of forestry of the Department of Agriculture and Forestry shall be the successor of the office of forestry of the Department of Conservation and Energy. For purposes of the transfer of functions of the office of forestry from the Department of Conservation and Energy to the Department of Agriculture and Forestry, the Department of Agriculture and Forestry shall be the successor to the Department of Conservation and Energy. All unfinished business of the former office and of the former department related thereto shall be completed by, all references in laws and documents to the former office and to the former department related thereto shall be deemed to refer to, and all obligations of the former office and of the former department related thereto shall be the obligations of the successor office and department. All legal proceedings of the former office and of the former department related thereto shall be continued in the name of the former office and department, and further proceedings shall be in the name of the successor office and department without the necessity for amendment of any document.

K. The State Soil and Water Conservation Commission (R.S. 3:1204) hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that the director and assistant director of the commission shall be employed as provided by law.

L. The following agencies are transferred to the Department of Agriculture and Forestry and shall perform and exercise their powers, duties, functions, and responsibilities as provided by law:

(1) The Boll Weevil Eradication Commission (R.S. 3:1601 et seq.).

(2) The Agriculture Chemistry and Seed Commission (R.S. 3:1381 et seq.).

(3) The Louisiana Equine Promotion and Research Advisory Board (R.S. 3:2071 et seq.).

(4) The Louisiana Industrial Hemp Promotion and Research Program (R.S. 3:1491 et seq.).

(5) The Seafood Safety Task Force (R.S. 40:5.5.3).

M. The Louisiana Board of Veterinary Medicine (R.S. 37:1511 et seq.) is hereby transferred to and placed within the Department of Agriculture and Forestry as provided in R.S. 36:803.

Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1978, No. 119, §1; Acts 1978, No. 320, §2; Acts 1980, No. 427, §2; Acts 1981, No. 158, §2; Acts 1981, No. 621, §2, eff. Jan. 1, 1982; Acts 1982, No. 137, §4, eff. July 12, 1982; Acts 1982, No. 160, §1; Acts 1982, No. 198, §3, eff. Jan. 1, 1983; Acts 1982, No. 443, §3, eff. Jan. 1, 1983; Acts 1982, No. 563, §2, eff. Jan. 1, 1983; Acts 1982, No. 698, §1; Acts 1983, No. 679, §2. Acts 1983, No. 96, §2, eff. June 23, 1983; Acts 1983, No. 526, §2, eff. July 8, 1983; Acts 1984, No. 800, §3, eff. July 13, 1984; Acts 1985, No. 120, §1; Acts 1985, No. 880, §4, eff. July 23, 1985; Acts 1985, No. 917, §2, eff. July 23, 1985; Acts 1986, No. 581, §2, eff. July 2, 1986; Acts 1988, No. 91, §1; Acts 1989, No. 662, §8, eff. July, 7, 1989; Acts 1991, No. 134, §2, eff. June 30, 1991; Acts 1991, No. 579, §2, eff. July 16, 1991; Acts 1992, No. 1058, §2; Acts 1997, No. 1116, §2; Acts 2003, No. 1253, §2; Acts 2004, No. 865, §2, eff. July 12, 2004; Acts 2004, No. 913, §2, eff. July 1, 2004; Acts 2005, No. 428, §3, eff. July 1, 2005; Acts 2006, No. 713, §4, eff. July 1, 2006; Acts 2008, No. 62, §2, eff. June 5, 2008; Acts 2008, No. 920, §4, eff. July 14, 2008; Acts 2009, No. 24, §§3 and 7, eff. June 12, 2009; Acts 2010, No. 388, §2; Acts 2010, No. 743, §2C, eff. July 1, 2010; Acts 2010, No. 861, §17; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2013, No. 26, §§2, 4, eff. May 23, 2013; Acts 2013, No. 184, §10; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2014, No. 832, §4; Acts 2017, No. 422, §3; Acts 2018, No. 515, §1; Acts 2021, No. 20, §§5, 10B, 10D; Acts 2021, No. 168, §2, eff. June 11, 2021; Acts 2021, No. 262, §1, eff. June 14, 2021; Acts 2022, No. 462, §2; Acts 2023, No. 150, §10, eff. Jan. 10, 2024; Acts 2025, No. 300, §3, eff. June 11, 2025.

NOTE: See Acts 2009, No. 24, §§9-11 relative to transfer of certain authority to the La. Agricultural Finance Authority (associated with abolition of office of marketing and agro-economic development and State Market Commission).
La. Rev. Stat. § 36:782 — LA Code / Code revised-statutes / Title 36 / Section 782
Officers of the department; compensation for one office only
Status: in_force

A. The officers of the department shall be the secretary, the deputy secretary if a deputy secretary is appointed, and the undersecretary each of whom shall be selected and shall perform functions as provided in this Title.

B. No person serving as secretary, deputy secretary, or undersecretary shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices.

C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as secretary, deputy secretary, or undersecretary may receive additional compensation for part-time services rendered as an instructor in a postsecondary educational institution, or as a member of the National Guard.

Acts 2003, No. 1088, §1, eff. Jan. 12, 2004.
La. Rev. Stat. § 36:762 — LA Code / Code revised-statutes / Title 36 / Section 762
Officers of the department; compensation for one office only
Status: in_force

A. The officers of the department shall be the state treasurer, the deputy state treasurer for management and finance, the deputy state treasurer, if a deputy state treasurer is appointed, and assistant state treasurers. With the exception of the state treasurer, each of them shall be selected as provided in this Title. They shall perform functions as provided in this Title. If a deputy state treasurer is appointed, he shall be the first assistant to the state treasurer appointed pursuant to Article IV, Section 13 of the constitution. If a deputy state treasurer is not appointed, the state treasurer shall appoint his first assistant to the office of deputy state treasurer for management and finance or to one of the offices of assistant state treasurer.

B. No person serving as state treasurer, deputy state treasurer, or assistant state treasurer shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices.

C. Notwithstanding any provision herein to the contrary, subject to approval of the state treasurer, any person serving as deputy state treasurer or assistant state treasurer may receive additional compensation for part-time services rendered as an instructor in post-secondary educational institutions, or as a member of the National Guard.

Added by Acts 1977, No. 83, §1, eff. June 22, 1977.
La. Rev. Stat. § 36:157 — LA Code / Code revised-statutes / Title 36 / Section 157
Transfer of agencies or their powers to Department of Elderly Affairs
Status: in_force

NOTE: See note below regarding effectiveness.

A. The Louisiana Executive Board on Aging (R.S. 46:931 et seq.) is placed within the Department of Elderly Affairs and shall exercise and perform its powers, duties, functions, and responsibilities as provided in R.S. 36:802.

B. The Office of Elderly Affairs (formerly R.S. 46:931 et seq.) is hereby abolished and its powers, duties, functions, and responsibilities are transferred to the Department of Elderly Affairs and shall be exercised and performed as provided in Chapter 7 of Title 46 of the Louisiana Revised Statutes of 1950, as provided in this Chapter, and as provided in Part IV of Chapter 22 of this Title except as otherwise provided in Chapter 7 of Title 46 of the Louisiana Revised Statutes of 1950.

Acts 2013, No. 384, §3, eff. upon contingencies contained in Acts 2013, No. 384, §9(B).

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.
La. Rev. Stat. § 36:401 — LA Code / Code revised-statutes / Title 36 / Section 401
Department of Public Safety and Corrections; public safety services; corrections services; youth services; creation; domicile; composition; purposes and functions
Status: in_force

A. The Department of Public Safety and Corrections is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in Baton Rouge.

B.(1) The Department of Public Safety and Corrections, through its services, offices, and officers, shall have authority generally for the security and physical safety of the citizens and property of Louisiana, the enforcement of laws and regulations pertaining to criminal conduct, the rehabilitation of youthful offenders, automobile and highway safety, motor vehicles and drivers, and fire protection.

(2) It shall also be responsible for the custody of, evaluation of, such rehabilitation programs as the department deems appropriate for, and post-release monitoring of, convicted criminal offenders and adjudicated delinquent youth.

(3) It also shall be responsible for:

(a) Providing diagnostic services to the courts and other correctional authorities for sentence, treatment, and release decisions;

(b) Administering programs to protect persons in its custody and preparing them for release;

(c) Conducting and facilitating research in criminology and penology; and

(d) Operating a probation and parole system, all in accordance with law.

(4) This department shall have responsibility for all penal and correctional institutions of the state.

C.(1)(a) The Department of Public Safety and Corrections shall be composed of the executive office of the secretary, public safety services, corrections services, youth services, and such other offices as shall be created by law.

(b)(i) Public safety services shall include the office of management and finance for public safety services, the office of state police, the office of legal affairs, the office of motor vehicles, the office of state fire marshal, and code enforcement and building safety and shall also include the deputy secretary of public safety services, the assistant secretaries of the offices, and personnel necessary to carry out their functions.

(ii) Corrections services shall include the office of management and finance for corrections services and the office of adult services and shall also include the deputy secretary of corrections services and the assistant secretary of the office of adult services and personnel necessary to carry out their functions.

NOTE: In Item (iii) as enacted by Acts 2004, No. 7, §1, certain references are effective on the effective date of the creation of the office of management and finance for youth services as provided in Section 7(B) of the Act. See note below.

(iii) Youth services shall include the office of management and finance for youth services and the office of juvenile justice and shall also include the deputy secretary of youth services, the undersecretary for youth services, and the assistant secretary of the office of juvenile justice, and personnel necessary to carry out their functions.

(2) Whenever the secretary determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing offices or establishing new offices, he shall present a plan therefor to the legislature for its approval by statute.

D. Repealed by Acts 1988, No. 326, §4, eff. July 7, 1988.

Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 1985, No. 919, §1, eff. July 23, 1985; Acts 1986, No. 752, §2, eff. July 8, 1986; Acts 1987, No. 736, §1; Acts 1988, No. 326, §4, eff. July 7, 1988; Acts 1990, No. 2, §2, eff. July 1, 1990; Acts 1992, No. 297, §3; Acts 1995, No. 1188, §3, eff. June 29, 1995; Acts 1997, No. 1187, §1; Acts 1999, No. 568, §1, eff. June 30, 1999; Acts 1999, No. 1120, §1; Acts 2004, No. 7, §1, eff. May 5, 2004, except see note re §7(B) below; Acts 2008, No. 565, §5; Acts 2009, No. 409, §3, eff. July 1, 2009; Acts 2024, No. 727, §1, eff. July 1, 2024.

NOTE: See Acts 1990, No. 2, §§5-11.

NOTE: See Acts 1995, No. 1188, §6.

NOTE: See Acts 1999, No. 568, §§5 & 7 eff. June 30, 1999, relative to transfer of functions of division of charitable gaming, office of state police, Dept. of Public Safety and Corrections, to office of charitable gaming, Dept. of Revenue, not later than 1/1/2000 and conflicting Acts.

NOTE: Acts 2004, No. 7, §7(B) provides that provisions of the Act relative to the office of management and finance for youth services and relative to the office of management and finance for corrections services shall become effective on the effective date of the creation of the office of management and finance for youth services as provided in the approved transition plan as provided in Section 5 of the Act. References in R.S. 36:401(C)(1) to the office of management and finance for youth services and to the undersecretary for youth services would be subject to this provision.

NOTE: See Acts 2004, No. 7, §§5 and 6 relative to implementation.
La. Rev. Stat. § 36:741 — LA Code / Code revised-statutes / Title 36 / Section 741
Department of State; creation; domicile; purposes and functions
Status: in_force

A. The Department of State is created and shall be a body corporate with the power to sue and be sued. The domicile of the department shall be in East Baton Rouge Parish.

B. The secretary of state shall serve as the executive head and chief administrative officer of the Department of State and shall have the responsibility for the policies of the department and for the administration, control, and operation of the functions, programs, and affairs of the department as provided by law.

C. The Department of State shall be responsible for performing the functions of the secretary of state as provided by law, including those functions of the commissioner of elections transferred to the Department of State and to the secretary of state.

Added by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2001, No. 451, §2, eff. Jan. 12, 2004; Acts 2020, No. 209, §1, eff. June 11, 2020.

NOTE: See Acts 2001, No. 451, §§8 and 9, relative to effective date of Act.
La. Rev. Stat. § 36:303 — LA Code / Code revised-statutes / Title 36 / Section 303
Secretary
Status: in_force

There shall be a secretary, who shall be appointed by the governor with consent of the Senate and who shall serve at the pleasure of the governor at a salary fixed by the governor, which salary shall not exceed the amount approved for the position by the legislature while in session. The secretary shall serve as the executive head and chief administrative officer of Louisiana Works and shall have the responsibility for the policies of the department, except as otherwise provided by this Title, and for the administration, control, and operation of the functions, programs, and affairs of the department; provided that the secretary shall perform his functions under the general control and supervision of the governor.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2018, No. 380, §2, eff. June 30, 2018.
La. Rev. Stat. § 36:706 — LA Code / Code revised-statutes / Title 36 / Section 706
Transfer of boards, commissions, and agencies to Department of Justice
Status: in_force

A. For purposes of this Chapter, references in Chapters 22 and 24 of this Title to the "secretary" shall refer to the attorney general, references to the "undersecretary" shall refer to the director of the administrative services division, and references to an "assistant secretary" shall refer to a director of a division created in this Chapter.

B. The Law Enforcement Officers and Firemen's Survivor Benefit Review Board (R.S. 40:1665.3 and other provisions of law applicable to the board) is placed within the Department of Justice and shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.

C. The Governor's Consumer Protection Division (R.S. 51:1401 et seq.) is hereby abolished and its powers, duties, functions, and responsibilities are transferred to the Department of Justice and hereafter shall be exercised and performed as provided in Part IV of Chapter 22 of this Title.

D. The Louisiana Sexual Assault Oversight Commission, R.S. 15:555 et seq., is placed within the Department of Justice and shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.

Added by Acts 1981, No. 873, §1, eff. Sept. 11, 1981. Acts 1988, 1st Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts 1992, No. 866, §1; Acts 1993, No. 610, §1, eff. June 15, 1993; Acts 1997, No. 223, §1; Acts 2010, No. 861, §17; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2014, No. 158, §§3 and 7; Acts 2018, No. 354, §2.
La. Rev. Stat. § 36:354.1 — LA Code / Code revised-statutes / Title 36 / Section 354.1
Authorization for administrative reorganization and delegation of functions; authority of secretary
Status: in_force

A. The purpose of this Section is to streamline and modernize the operations of the department, provide flexibility to the department to respond to changing conditions, and ensure the continuity of effective administration.

B. Where consistent with this Title and other applicable laws, the secretary is hereby authorized to:

(1) Reorganize, consolidate, create, merge, or abolish divisions, offices, bureaus, sections, or other administrative units within the department as deemed necessary for the efficient, economical, and effective performance of its functions.

(2) Delegate any function or duty vested in the secretary by law to any subordinate officer or employee within the department. Delegation may be rescinded by the secretary at any time.

C. The secretary shall follow the following procedures for reorganization under this Section:

(1) Where contemplated reorganization materially affects the procedural rights of the public or substantively changes the department's administrative processes, the secretary shall follow the provisions of the Administrative Procedure Act to implement such changes, but for any provision of this Title.

(2) Where contemplated reorganization is internal, ministerial, or otherwise a minor reorganization that does not materially affect the procedural rights of the public or substantively change the department's administrative processes, the reorganization shall be effective upon a written order by the secretary. Such order shall be filed with the secretary of state and shall also be transmitted to the governor, the House Committee on Natural Resources and Environment, and the Senate Committee on Natural Resources for informational purposes.

D. No provision of this Section shall be construed to limit or circumvent any rights of protections afforded to employees of the department under applicable state civil service rules or any other provisions of law. Any workforce adjustments made pursuant to any reorganization under this Section shall comply with the due process requirements set forth in applicable state civil service rules and law.

E. The secretary shall submit an annual report to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources detailing the nature, purpose, and results of any major reorganization undertaken in the preceding year, including any administrative consolidations, transfers of authority, or delegation changes that materially affect the public's procedural rights or the department's administrative processes.

F. If any provision or item of this Section, or the application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications which can be given effect without the invalid provision or item, and to this end, the provisions of this Section are hereby declared severable.

Acts 2025, No. 458, §4, eff. Oct. 1, 2025.
La. Rev. Stat. § 36:622 — LA Code / Code revised-statutes / Title 36 / Section 622
Officers of the department; compensation for one office only
Status: in_force

A. The officers of the department shall be the commissioner of agriculture and forestry, the assistant commissioner for management and finance, the deputy commissioner, if a deputy commissioner is appointed, the confidential assistant, and an assistant commissioner for each office of the department. With the exception of the commissioner of agriculture and forestry, each of them shall be selected as provided in this Title. They shall perform functions as provided in this Title. If a deputy commissioner is appointed, he shall be the first assistant to the commissioner appointed pursuant to Article IV, Section 13 of the constitution. If a deputy commissioner is not appointed, the commissioner shall appoint his first assistant to the office of assistant commissioner for management and finance or to one of the offices of assistant commissioner.

B. No person serving as commissioner of agriculture and forestry, deputy commissioner, assistant commissioner for management and finance, confidential assistant, or assistant commissioner shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices.

C. Notwithstanding any provision herein to the contrary, subject to approval of the commissioner of agriculture and forestry, any person serving as assistant commissioner for management and finance, deputy commissioner, confidential assistant, or assistant commissioner, may receive additional compensation for part-time services rendered as an instructor in post-secondary educational institutions, or as a member of the National Guard.

Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1980, No. 497, §1; Acts 2009, No. 24, §3, eff. June 12, 2009.
La. Rev. Stat. § 36:921 — LA Code / Code revised-statutes / Title 36 / Section 921
Transfer; merger and consolidation of functions
Status: in_force

A. The powers, duties, functions, responsibilities, programs, and operations as vested by the constitution and laws of the state of each of the agencies abolished, upon and after the date of each such abolition, shall be exercised and performed by and be under the administration and control of the secretary of the department to which such powers, duties, functions, and responsibilities are transferred. The secretary shall assign those functions of each which are required to be performed and administered by the undersecretary of each department, as heretofore provided for each department by this Title, to the undersecretary.

B. Except as provided in Subsection A above, the secretary of each department shall have full authority, to the extent not inconsistent with this Title, to assign powers, duties, functions, responsibilities, programs, and operations of abolished agencies, which are transferred to the secretary in accordance with the provisions of this Part, to any other agency transferred to the department or to an office within the department, or may determine that any or all of them shall be exercised in such other manner, not inconsistent with law, as he shall decide. The secretary shall make such assignment or determination in accordance with the general functions of each office as set forth in the applicable provisions of this Title for each office.

C. Notwithstanding Subsections A and B of this Section, the powers, duties, functions, responsibilities, programs, and operations as vested by the laws of the state, of the office abolished by the provisions of R.S. 36:459(F), upon and after the date of such abolition shall be exercised and performed by and be under the administration and control of the assistant secretary of the office to which such powers, duties, functions, employees, and responsibilities are transferred.

D. The powers, duties, functions, responsibilities, programs, and operations, as vested by the laws of the state, of the division abolished by the provisions of R.S. 36:459(G), upon and after the date of such abolition, shall be transferred in accordance with Subsections A and B of this Section, except as otherwise provided in R.S. 36:459(G) and this Chapter. The transfer effected by this Subsection includes the transfer of all administrative rules which regulate charitable gaming and which were adopted by the division of charitable gaming, office of state police, Department of Public Safety and Corrections. Those rules shall remain effective and shall be administered and enforced by the office of charitable gaming, Department of Revenue, until that office amends, repeals, or replaces those rules.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1981, No. 422, §1; Acts 1981, No. 490, §2; Acts 1981, No. 858, §1, eff. Jan. 1, 1982; Acts 1987, No. 737, §1; Acts 1995, No. 1188, §3, eff. June 29, 1995; Acts 1999, No. 568, §1, eff. June 30, 1999; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2021, No. 20, §5; Acts 2022, No. 623, §4, eff. July 1, 2022.
La. Rev. Stat. § 36:302 — LA Code / Code revised-statutes / Title 36 / Section 302
Officers of the commission; compensation for one office only
Status: in_force

A. The officers of the department shall be the secretary, the undersecretary, the deputy secretary if a deputy secretary is appointed, and assistant secretaries, each of whom shall be selected and shall perform functions as provided in this Title.

B. No person serving as secretary, undersecretary, deputy secretary, or assistant secretary shall receive any additional salary from the state other than that salary which he receives by virtue of serving in any one of such offices. Any statewide elected official appointed to serve as secretary, undersecretary, deputy secretary, or assistant secretary shall not receive any additional salary from the state other than that salary which he receives as a statewide elected official.

C. Notwithstanding any provision herein to the contrary, subject to approval of the governor, any person, including any statewide elected official, serving or appointed to serve as secretary, undersecretary, deputy secretary, or assistant secretary may receive additional compensation for part-time services rendered as an instructor in post-secondary educational institutions, or as a member of the National Guard.

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 2008, No. 743, §3, eff. July 1, 2008; Acts 2018, No. 380, §2, eff. June 30, 2018.