§ 36:744 — Transfer of boards, commissions, and agencies to the Department of State

Louisiana § 36:744

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

Text

§744. Transfer of boards, commissions, and agencies to the Department of State
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.

Legislative History

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.