Louisiana Revised Statutes 36:801.1 – Transfer; retention of all functions
Terms Used In Louisiana Revised Statutes 36:801.1
- Agency: means and includes the boards, commissions, departments, agencies, offices, officers, and other instrumentalities, or any or all of these, within the executive branch of state government which are abolished by this Title or which are transferred and placed within departments of the state government created and established or continued by this Title or transferred to and placed within the office of the governor as provided by this Title. See Louisiana Revised Statutes 36:3
- Assistant secretary: means the officer designated by law or by the secretary of each department to carry out the duties and functions of an office within certain departments, except an office of management and finance and the office of state police of the Department of Public Safety and Corrections. See Louisiana Revised Statutes 36:3
- Contract: A legal written agreement that becomes binding when signed.
- Secretary: means the officer appointed by the governor as the executive head and chief administrative officer of certain departments created and provided for by this Title. See Louisiana Revised Statutes 36:3
- Undersecretary: means the officer designated to direct and be responsible for the functions of the office of management and finance of certain departments. See Louisiana Revised Statutes 36:3
A. The agencies transferred in accordance with this Section shall continue to be comprised and selected as provided by law.
B. Each agency shall continue to exercise all powers, duties, functions, and responsibilities provided or authorized for each by the constitution or laws which are in the nature of policymaking, rulemaking, licensing, regulation, enforcement, or adjudication and also shall continue to exercise all advisory powers, duties, and functions provided by law, and each agency shall continue to administer and implement all programs provided or authorized for each by law.
C. The board or the executive head of each such agency shall continue to employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration and implementation of such programs, in accordance with applicable law and in accordance with applicable civil service laws, rules, and regulations.
D. Except as provided in La. Rev. Stat. 36:511, each such agency shall continue to perform and administer its functions which are in the nature of accounting and budget control, procurement and contract management, management and program analysis, data processing, personnel management, and grants management.
E. The agencies transferred as provided in this Section shall exercise the powers, duties, functions, and responsibilities as provided by the constitution and by law and shall administer and implement the programs authorized in this Section or any other provision of law independently of the secretary, the undersecretary, and any assistant secretary.
Acts 1991, No. 88, §1, eff. June 26, 1991; Acts 1992, No. 727, §1; Acts 1992, No. 744, §1; Acts 1996, 1st Ex. Sess., No. 7, §2, eff. May 1, 1996; Acts 1998, 1st Ex. Sess., No. 144, §1, eff. July 1, 1998; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2003, No. 850, §1; Acts 2004, No. 248, §1, eff. June 15, 2004; Acts 2007, No. 307, §6; Acts 2010, No. 411, §1, eff. July 1, 2010; Acts 2010, No. 573, §1, eff. July 1, 2010; Acts 2010, No. 1014, §1; Acts 2010, No. 1014, §3, eff. Jan. 1, 2012; Acts 2014, No. 640, §1, eff. June 12, 2014; Acts 2018, No. 515, §1; Acts 2021, No. 20, §5; Acts 2022, No. 623, §4, eff. July 1, 2022.