Louisiana Revised Statutes 36:921 – Transfer; merger and consolidation of functions
Terms Used In Louisiana Revised Statutes 36:921
- 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
- Office: means each principal operational unit within a department, except the executive office of the secretary. See Louisiana Revised Statutes 36:3
- Secretary: means the officer appointed by the governor as the executive head and chief administrative officer of certain departments created and provided for by this Title. See Louisiana Revised Statutes 36:3
- 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 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 La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 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.