LA Rev Stat § 36:4 (2021)
2021 Louisiana Laws|Revised Statutes|Title 36 - Organization of the Executive Branch|§4. Structure of executive branch of state government

RS 4 - Structure of executive branch of state government  A. In accordance with the provisions of Article IV, Section 1 and Article XIV, Section 6 of the Constitution of Louisiana, all offices, boards, commissions, agencies, and instrumentalities of the executive branch of state government, whether constitutional or statutory, and/or their functions, powers, duties, and responsibilities shall be allocated, either in the Act by which this Title was created or by legislation enacted subsequent thereto, within the departments listed in this Section, except as provided in Subsections B and C of this Section, and in order to comply with this constitutional mandate, the agencies of the executive branch of state government hereinafter enumerated, whether heretofore created by the constitution or by statute, and/or their functions, powers, duties, and responsibilities are allocated, in the manner hereinafter set forth in this Title, within the following designated departments:  (1) Department of State Civil Service.  (2) Department of Economic Development.  (3) Department of Culture, Recreation and Tourism.  (4) Department of Environmental Quality.  (5) Louisiana Department of Health.  (6) Louisiana Workforce Commission.  (7) Department of Natural Resources.  (8) Department of Public Safety and Corrections.  (9) Department of Revenue.  (10) Department of Children and Family Services.  (11) Department of Transportation and Development.  (12) Department of Wildlife and Fisheries.  (13) Department of Agriculture and Forestry.  (14) Department of Education. NOTE: Paragraph (15) as enacted by Acts 2013, No. 384, §3, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.  (15) Department of Elderly Affairs.  (16) Department of Insurance.  (17) Department of Justice.  (18) Department of Public Service.  (19) Department of State.  (20) Department of the Treasury.  (21) Department of Veterans Affairs.  B. The office of the governor shall be in the executive branch of state government.  (1) The following agencies and their powers, duties, functions, and responsibilities are hereby transferred to the office of the governor:  (a) Division of administration (Subtitle I of Title 39 of the Louisiana Revised Statutes of 1950 generally, including but not limited to R.S. 39:1 et seq., 11 et seq., 15.1 et seq., 21 et seq., 51 et seq., 71 et seq., 87.1 et seq., 88.1 et seq., 101 et seq., 140 et seq., 171 et seq., 196 et seq., 231 et seq., 251 et seq., 321 et seq., 333 et seq., 360 et seq., and 367; and also R.S. 39:1410, 1527 et seq., 1551 et seq., 1751 et seq., 1761 et seq., 1796 et seq., 2001 et seq., and 2171 et seq.; R.S. 40:1237.2; R.S. 41:1 et seq., R.S. 42:801 et seq. and 1261 et seq.; R.S. 43:1,31, 33, and 81- 90; R.S. 47:35; and R.S. 49:141, 205, 661 et seq., 954.1, and 981 et seq.).  (b) Office of state procurement, division of administration (R.S. 39:1551 et seq.).  (c) Division of state buildings (R.S. 49:141).  (d) Office of facility planning and control, division of administration (R.S. 39:101 et seq.).  (e) The office of technology services (R.S. 39:15.1 et seq.), including the Louisiana Geographic Information Systems Council (R.S. 49:1051 et seq.), within the division of administration.  (f) The Occupational Forecasting Conference (R.S. 23:76).  (g) Governor's Office of Homeland Security and Emergency Preparedness (R.S. 29:721 et seq.).  (h) The Council on Peace Officer Standards and Training (R.S. 40:2401-2406), which is placed under the jurisdiction of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice.  (i) Crime Victims Reparations Board (R.S. 46:1801 et seq. and R.S. 15:1223) which is placed under the jurisdiction of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice.  (j) Office of the State Register, division of administration ( R.S. 49:954.1 and 981 et seq.).  (k) Louisiana Architects Selection Board ( R.S. 38:2311).  (l) Louisiana Engineers Selection Board ( R.S. 38:2311).  (m) Louisiana Landscape Architects Selection Board ( R.S. 38:2311).  (n) The Military Department, state of Louisiana (Art. IV, Sec. 5(J) of 1974 Const.; R.S. 29:1-242 [excluding provisions for the Governor's Office of Homeland Security and Emergency Preparedness]; R.S. 40:1379.2), including the Ansel M. Stroud, Jr. Military History and Weapons Museum (R.S. 25:851-856).  (o) Office of the state Americans with Disabilities Act coordinator, division of administration (R.S. 46:2591 et seq.).  (p) Repealed by Acts 2014, No. 640, §4, eff. June 12, 2014.  (q) Repealed by Acts 2012, No. 251, §10.  (r) The Cash Management Review Board (R.S. 39:88.1 et seq. and 371 et seq.) is placed within the office of the governor, division of administration.  (s) The Law Enforcement Executive Management Institute and its board (R.S. 33:2341 et seq.) are placed within the office of the governor and shall perform and exercise their powers, duties, functions, and responsibilities as provided by law.  (t) Repealed by Acts 1981, No. 873, §4, eff. Oct. 1, 1981.  (u) Louisiana Stadium and Exposition District, Board of Commissioners (Act No. 541 of the 1976 Regular Session).  (v) The Mental Health Advocacy Service and its board of trustees (R.S. 28:64).  (w) to (y) Repealed by Acts 1981, No. 873, §4, eff. Oct. 1, 1981.  (z) The Louisiana Commission on Law Enforcement and Administration of Criminal Justice ( R.S. 15:1201 et seq.).  (aa) The Louisiana Sentencing Commission (R.S. 15:321 et seq.) under the jurisdiction of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice.  (bb) and (cc) Repealed by Acts 1990, No. 452, §3, eff. July 1, 1990.  (dd) The Patient's Compensation Fund Oversight Board, as established by R.S. 40:1231.4, shall be placed in the office of the governor, division of administration, shall perform and exercise its powers, duties, functions, and responsibilities as provided in R.S. 36:801.1, and shall continue to appoint its executive director and other personnel as provided by law.  (ee) Repealed by Acts 2018, No. 177, §3, eff. May 15, 2018.  (ff) The Louisiana Sheriff's Executive Management Institute (R.S. 13:5631 et seq.).  (2) The following agencies are hereby abolished and their powers, duties, functions, and responsibilities are hereby transferred to the governor:  (a) Public Buildings Board (R.S. 49:131-49:134).  (b) Repealed by Acts 1986, No. 765, §6, eff. July 1, 1986.  (3) The governor may allocate within his office the powers, duties, funds, functions, appropriations, responsibilities, and personnel of the agencies within his office, provide for the administration thereof and for the organization of his office.  (4) The office of life-long learning, as more specifically provided in R.S. 17:3931 and 3932 shall be placed within the office of the governor.  (5) The governor may establish within his office an office of civil rights, as more specifically provided in R.S. 49:213. NOTE: Subparagraph (6)(a) repealed by Acts 2013, No. 384, §6, eff. when one or more of the 20 depts. of the executive branch is abolished or a const. amend. authorizing the creation of an additional dept. becomes effective, whichever is earlier.  (6)(a) The office of elderly affairs and the Louisiana Executive Board on Aging, as more specifically provided in R.S. 46:931 et seq., shall be placed within the office of the governor.  (b) Repealed by Acts 2001, No. 1185, §8, eff. July 1, 2001.  (7) The office of disability affairs, as more specifically provided in R.S. 46:2581 and 2582, shall be placed within the office of the governor. NOTE: Paragraph (B)(8) eff. until July 1, 2022. See Acts 2021, No. 114.  (8) The Children's Cabinet and the Children's Cabinet Advisory Board, as more specifically provided in R.S. 46:2601 through 2607, the Children's Trust Fund, as more specifically provided in R.S. 46:2401 through 2407, and the Council on the Status of Grandparents Raising Grandchildren, as more specifically provided in R.S. 46:2605.1 through 2605.3, shall be placed within the office of the governor. NOTE: Paragraph (B)(8) as amended by Acts 2021, No. 114, eff. July 1, 2022.  (8) The Children's Cabinet and the Children's Cabinet Advisory Board, as more specifically provided in R.S. 46:2601 through 2607, the Children's Trust Dedicated Fund Account, as more specifically provided in R.S. 46:2401 through 2407, and the Council on the Status of Grandparents Raising Grandchildren, as more specifically provided in R.S. 46:2605.1 through 2605.3, shall be placed within the office of the governor.  (9) Repealed by Acts 1997, No. 1116, §2.  (10) Repealed by Acts 2010, No. 861, §22.  (11) The management of all state-owned aircraft that are being managed by the Department of Transportation and Development on the effective date of this Paragraph is hereby vested in the office of the governor within the division of administration.  (12) The Louisiana Commission on Human Rights, as more specifically provided in R.S. 51:2231-2265, shall be placed within the office of the governor.  (13) The functions of the Registrar of the State Land Office and the State Land Office (R.S. 41:1-19 and generally all of Title 41 of the Louisiana Revised Statutes of 1950) previously abolished by Act No. 513 of the 1976 Regular Session of the Legislature, and the administration and supervision of state lands is hereby placed within the office of the governor, division of administration.  (14)(a) Repealed by Acts 2013, No. 184, §13. (b), (c) Repealed by Acts 2013, No. 184, §8(B).  (d) Repealed by Acts 2013, No. 184, §9.  (15)(a) The Office of Group Benefits, as more specifically provided in R.S. 42:801 et seq., shall be placed within the office of the governor, division of administration, and shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.  (b) The Group Benefits Policy and Planning Board (R.S. 42:881 et seq.) shall be within the Office of Group Benefits within the office of the governor, division of administration, and shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.  (16) The powers, duties, functions, and responsibilities of the Board of Commissioners of Camp Moore Confederate Cemetery (R.S. 29:432-435), formerly abolished, are hereby transferred to the division of administration, state land office. The state land office may enter into a cooperative endeavor agreement with the Camp Moore Historical Association for the operation and maintenance of the Camp Moore Museum and Cemetery.  (17) The office of the coordinator of faith-based programs, as more specifically provided in R.S. 49:210.2, shall be placed within the office of the governor.  (18) The Louisiana Tax Commission (R.S. 47:1831 et seq.; R.S. 47:1951 et seq.) is placed within the office of the governor, division of administration and shall exercise and perform its powers, duties, functions, and responsibilities as provided for agencies transferred in accordance with the provisions of R.S. 36:801.1.  C. The office of the lieutenant governor shall be in the executive branch of state government.  D. The Louisiana Public Defender Board, as more specifically provided for in the Louisiana Public Defender Act (R.S. 15:141 et seq.), shall be placed within the office of the governor as an independent agency and shall exercise its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of R.S. 36:801.1.  E. The Juvenile Justice Reform Act Implementation Commission, as more specifically provided in R.S. 46:2751 through 2757, shall be placed within the office of the governor and shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.  F. The office on women's policy (R.S. 46:2521-2525) shall be placed within the office of the governor. The Louisiana Women's Policy and Research Commission (R.S. 46:2525) is placed within the office on women's policy.  G. The Governor's Office of Indian Affairs (R.S. 46:2301-2303) shall be placed within the office of the governor and shall perform and exercise its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of R.S. 36:802.  H. The Intrastate Mutual Aid Subcommittee (R.S. 29:739) is placed within the office of the governor and shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.  I. The office of the state inspector general, as more specifically provided in R.S. 49:220.21 et seq., shall be placed within the office of the governor.  J. The office of human trafficking prevention, as provided for in R.S. 46:2169 et seq., shall be placed within the office of the governor and shall exercise its powers, duties, and functions as provided by law. The Louisiana Human Trafficking Prevention Commission and Advisory Board, as provided for in R.S. 46:2165 et seq., shall be placed within the office of human trafficking prevention.  K. The Drug Policy Board as provided for in R.S. 49:219.1 through 219.4 shall be placed within the office of the governor and shall exercise its powers, duties, and functions in accordance with the provisions of R.S. 36:801.1.  L.(1) The office of rural development (R.S. 3:311 et seq.) shall be placed within the office of the governor and shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.  (2) Repealed by Acts 2014, No. 832, §3.  M. Repealed by Acts 2009, No. 409, §7, eff. July 1, 2009.  N. The Volunteer Louisiana Commission, as more specifically provided for in R.S. 49:1111 et seq., shall be placed within the office of the lieutenant governor and shall exercise its powers, duties, and functions in accordance with the provisions of R.S. 36:802.14.  O. Repealed by Acts 2019, No. 434, §2(A), eff. June 30, 2019.  P. Repealed by Acts 2005, No. 428, §3, eff. July 1, 2005.  Q. Repealed by Acts 2009, No. 438, §11(B).  R. The Louisiana State Interagency Coordinating Council for EarlySteps: Louisiana's Early Intervention Program for Infants and Toddlers with Disabilities and Their Families (R.S. 28:470) is placed within the office of the governor and shall exercise and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred under the provisions of R.S. 36:802, except that it shall have any other powers, duties, functions, and responsibilities specifically provided in R.S. 28:470.  S. Repealed by Acts 2011, No. 207, §8.  T. Repealed by Acts 2011, No. 207, §4.  U. The Encore Louisiana Commission, as provided for in R.S. 51:1317 et seq., shall be placed within the office of the lieutenant governor and shall exercise its powers, duties, and functions as provided by law.  V. Repealed by Acts 2009, No. 438, §11(B).  W. Repealed by Acts 2017, No. 422, §5.  X. The Louisiana Council on the Success of Black Men and Boys, as provided for in R.S. 49:1211 et seq., shall be placed within the office of the governor and shall exercise its powers, duties, and functions as provided by law.  Y. The Pet Overpopulation Advisory Council, as more specifically provided in R.S. 47:463.60, is placed within the office of the governor and shall perform its powers, duties, and functions as provided by law.  Z.(1) The Governor's Advisory Commission on Coastal Protection, Restoration and Conservation (R.S. 49:214.4.1) and the Coastal Protection and Restoration Authority Board (R.S. 49:214.5.1 et seq.), and the Coastal Protection and Restoration Authority (R.S. 49:214.6.1 et seq.), shall be placed within the office of the governor and shall perform and exercise their powers, duties, functions, and responsibilities as provided by law.  (2) The responsibilities of the Atchafalaya Basin Program (R.S. 49:214.8.1 et seq.) shall be placed within the Coastal Protection and Restoration Authority and shall perform and exercise their powers, duties, functions, and responsibilities as provided by law.  AA. The Latino Commission (R.S. 49:1221 et seq.) is hereby placed within the office of the governor and shall exercise its powers, duties, functions, and responsibilities as provided in R.S. 36:917.  BB. The Rural Water Infrastructure Committee (R.S. 49:220.31 et seq.) is hereby placed within the office of the governor and shall perform its powers, duties, and functions as provided by law. NOTE: Subsection CC eff. upon the appropriation of funds to fully fund the provisions of Acts 2020, 2nd Ex. Sess., No. 24.  CC. The office of broadband and connectivity (R.S. 51:1361 et seq.) shall be placed within the office of the governor and shall perform and exercise its powers, duties, functions, and responsibilities as provided by law.  Acts 1976, No. 289, §1; Acts 1976, No. 513, §1; Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 348, §1; Acts 1978, No. 444, §1; Acts 1978, No. 445, §2; Acts 1978, No. 782, §2, eff. July 17, 1978; Acts 1979, No. 206, §2, eff. July 6, 1979; Acts 1979, No. 233, §2; Acts 1981, No. 583, §2, eff. July 20, 1981; Acts 1982, No. 1, §2, eff. May 6, 1982; Acts 1982, No. 122, §1; Acts 1982, No. 496, §2, eff. July 22, 1982; Acts 1982, No. 698, §1; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; S.C.R. No. 3 of 1983; Acts 1983, No. 478, §1, eff. July 6, 1983; Acts 1984, No. 844, §3, eff. July 13, 1984; No. 676, §1, eff. July 13, 1984; No. 889, §2, eff. July 20, 1984; No. 801, §2; Acts 1985, No. 737, §1, eff. Jan. 1, 1986; Acts 1985, No. 772, §3, eff. July 19, 1985; Acts 1985, No. 845, §1, eff. July 23, 1985; Acts 1985, No. 972, §2, eff. July 23, 1985; Acts 1986, No. 765, §6, eff. July 1, 1986; Acts 1986, No. 970, §2; Acts 1987, No. 213, §2; Acts 1987, No. 393, §1; Acts 1987, No. 399, §1, eff. July 8, 1987; Acts 1987, No. 536, §1; Acts 1987, No. 734, §1; Acts 1988, 1st Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, 1st Ex. Sess., No. 2, §1, eff. Mar. 28, 1988; Acts 1988, 1st Ex. Sess., No. 7, §1, eff. Mar. 28, 1988; Acts 1988, No. 332, §2, eff. July 7, 1988; Acts 1988, No. 563, §1, eff. July 14, 1988; Acts 1988, No. 886, §2; Acts 1989, No. 88, §2, eff. June 16, 1989; Acts 1989, No. 282, §2, eff. June 27, 1989; Acts 1989, No. 309, §1; Acts 1989, No. 310, §2; Acts 1989, No. 329, §2; Acts 1989, No. 512, §2, eff. Jan. 1, 1990; Acts 1989, No. 586, §1, eff. July 6, 1989; Acts 1989, No. 662, §3, eff. Aug. 15, 1989, §8, eff. July 7, 1989, §10, eff. July 1, 1989; Acts 1989, 2nd Ex. Sess., No. 6, §1, eff. July 14, 1989; Acts 1990, No. 2, §2, eff. July 1, 1990; Acts 1990, No. 216, §2; Acts 1990, No. 452, §3, eff. July 1, 1990; Acts 1990, No. 967, §1, eff. Oct. 1, 1990; Acts 1990, No. 1029, §1, eff. July 26, 1990; Acts 1991, 1st Ex. Sess., No. 7, §2, eff. April 23, 1991; Acts 1991, No. 1042, §2; Acts 1992, No. 278, §1; Acts 1992, No. 447, §2, eff. June 20, 1992; Acts 1992, No. 648, §1, eff. July 2, 1992; Acts 1992, No. 937, §1; Acts 1992, No. 971, §1; Acts 1993, No. 275, §1, eff. July 1, 1993; Acts 1995, No. 185, §2; Acts 1995, No. 322, §2; Acts 1995, No. 464, §1; Acts 1995, No. 742, §1, eff. June 27, 1995; Acts 1995, No. 922, §1; Acts 1995, No. 1033, §1, eff. June 29, 1995; Acts 1996, 1st Ex. Sess., No. 30, §1, eff. May 7, 1996; Acts 1997, No. 1, §3, eff. April 30, 1997; Acts 1997, No. 462, §2; Acts 1997, No. 467, §2; Acts 1997, No. 481, §2, eff. June 1, 1997; Acts 1997, No. 588, §1; Acts 1997, No. 658, §2; Acts 1997, No. 927, §1; Acts 1997, No. 1116, §2; Acts 1997, No. 1361, §2, eff. Dec. 31, 1997; Acts 1998, 1st Ex. Sess., No. 5, §1, eff. April 24, 1998; Acts 1998, 1st Ex. Sess., No. 132, §2; Acts 1998, 1st Ex. Sess., No. 150, §1, eff. July 1, 1998; Acts 1999, No. 603, §2; Acts 1999, No. 709, §1; Acts 1999, No. 1099, §1; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2001, No. 446, §1, eff. June 18, 2001; Acts 2001, No. 451, §5, eff. Jan. 12, 2004; Acts 2001, No. 656, §2; Acts 2001, No. 772, §5, eff. July 1, 2001; Acts 2001, No. 1178, §4, eff. June 29, 2001; Acts 2001, No. 1185, §8, eff. July 1, 2001; Acts 2002, 1st Ex. Sess., No. 85, §2, eff. April 18, 2002; Acts 2002, 1st Ex. Sess., No. 114, §1, eff. April 18, 2002; Acts 2003, No. 49, §4, eff. July 1, 2003; Acts 2003, No. 668, §1, eff. June 27, 2003; Acts 2003, No. 1088, §§1 and 3, eff. Jan 12, 2004; Acts 2003, No. 1225, §4; Acts 2004, No. 167, §2; Acts 2004, No. 643, §1; Acts 2005, No. 428, §3, eff. July 1, 2005; Acts 2006, 1st Ex. Sess., No. 5, §1, eff. Feb. 23, 2006, and §4, eff. June 30, 2016; Acts 2006, 1st Ex. Sess., No. 35, §3, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006; Acts 2006, No. 740, §2, eff. June 29, 2006; Acts 2007, No. 307, §6; Acts 2008, 1st Ex. Sess., No. 12, §1, eff. April 26, 2008; Acts 2008, No. 544, §4, eff. July 1, 2008; Acts 2008, No. 639, §1, eff. July 1, 2008; Acts 2008, No. 733, §1; Acts 2008, No. 743, §§3 and 5, eff. July 1, 2008; Acts 2008, No. 815, §2; Acts 2008, No. 831, §§1 and 6, eff. July 1, 2008; Acts 2009, No. 24, §3, eff. June 12, 2009; Acts 2009, No. 141, §2, eff. June 25, 2009; Acts 2009, No. 263, §2; Acts 2009, No. 342, §1; Acts 2009, No. 409, §7, eff. July 1, 2009; Acts 2009, No. 438, §11(B); Acts 2009, No. 523, §§1, 6, eff. July 10, 2009; Acts 2010, No. 411, §1, eff. July 1, 2010; Acts 2010, No. 573, §1, eff. July 1, 2010; Acts 2010, No. 599, §2; Acts 2010, No. 861, §§17, 22; Acts 2010, No. 877, §1, eff. July 1, 2010; Acts 2011, No. 207, §§4, 5, 8; Acts 2012, No. 251, §10; Acts 2012, No. 350, §2; Acts 2012, No. 553, §2; Acts 2012, No. 604, §1, eff. June 7, 2012; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2013, No. 184, §§8(B), 9, 13; Acts 2013, No. 384, §§3, 6, eff. when one of the 20 executive branch depts. is abolished or a constitutional amendment authorizing an additional dept. becomes effective, whichever is earlier; Acts 2013, No. 417, §2, eff. June 21, 2013; Acts 2014, No. 640, §4, eff. June 12, 2014; Acts 2014, No. 712, §1, eff. July 1, 2014; Acts 2014, No. 832, §3; Acts 2014, No. 864, §1, eff. Jan. 1, 2015; Acts 2016, No. 301, §1, eff. June 2, 2016; Acts 2017, No. 237, §1; Acts 2017, No. 422, §5; Acts 2018, No. 103, §1; Acts 2018, No. 177, §3, eff. May 15, 2018; Acts 2018, No. 570, §1, eff. July 1, 2018; Acts 2019, No. 126, §1, eff. June 6, 2019; Acts 2019, No. 434, §2(A), eff. June 30, 2019; Acts 2020, 2nd Ex. Sess., No. 24, §1, See Act; Acts 2021, No. 114, §18, eff. July 1, 2022; Acts 2021, No. 352, §1, eff. June 17, 2021; Acts 2021, No. 452, §1. NOTE: Acts 2013, No. 384, §8, effective July 1, 2013 per §9(A) of the Act, provides that funds allocated for any purpose under the authority of the Office of Elderly Affairs or its successor, the Department of Elderly Affairs, are allocated only to the Office of Elderly Affairs or its successor and are not to be appropriated, allocated or transferred to any other state department, office or programs. NOTE: R.S. 51:1365 as enacted by Acts 2020, 2nd Ex. Sess., No. 24, §3, provides that the provisions of Chapter 12 of Title 51 of the L.R.S. of 1950 regarding the Office of Broadband and Connectivity terminates on June 30, 2023.