§ 36:459 — Transfer of agencies or their powers to Department of Revenue

Louisiana § 36:459

• Jurisdiction: Louisiana
• Title 36: Organization of the Executive Branch of State Government

Text

§459. Transfer of agencies or their powers to Department of Revenue
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.
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.

Legislative History

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.