§ 36:764 — Powers and duties of state treasurer

§764. Powers and duties of state treasurer
A. In addition to the functions, powers, and duties otherwise vested in the state
treasurer by law, he shall:
(1) Represent the public interest in the administration of this Chapter and shall be
responsible to the legislature and the public therefor.
(2) Determine the policies of the department, except as otherwise provided by this
Title.
(3) In accordance with the Administrative Procedure Act, make, alter, amend, and
promulgate rules and regulations necessary for the administration of the functions of the
department, except as otherwise provided by this Title.
(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the
functions and programs vested in the department, in the manner and to the extent provided
by this Title.
(5) Act as the sole agent of the state or, in necessary cases, designate one of the
offices within the department or its assistant state treasurer, to cooperate with the federal
government and with other state and local agencies in matters of mutual concern and in the
administration of federal funds granted to the state or directly to the department or an office
thereof to aid in the furtherance of any function of the department and its offices. For this
purpose he may take such actions, in accordance with applicable state law, necessary to meet
such federal standards as are established for the administration and use of such federal funds,
except as otherwise specifically provided in this Title or by the constitution and laws of this
state.
(6) Make reports and recommendations on his own initiative or upon request of the
legislature, or any committee or member thereof provided, however, that the report and
recommendations shall not include the issue, publication, or distribution of general
information documents or pamphlets, which are published on a regular basis and are
generally known as newsletters.
(7) Provide for the ongoing merger and consolidation of the agencies and functions
transferred to his department and submit a report thereon to the legislature, which report shall
accompany the budget request which he submits under provisions of R.S. 39:33. Such report
shall include a statement of the goals of the department and of the programs thereof and shall
summarize the accomplishments of the department in meeting such goals and implementing
such programs. The report shall also contain a specific statement of the reorganization and
consolidation plan for the department for the next year and shall include a report on the
implementation of such reorganization and consolidation plan for the previous year. The
report concerning reorganization shall specifically detail the extent to which the department
has achieved goals stated the previous year with respect to merger and consolidation of
functions, abolition of agencies, consolidation of offices and administrative and
programmatic divisions of the department, elimination of job positions, and efficiency and
economy in delivery of services. The report shall contain any recommendations with respect
to reorganization which may require legislative action. A copy of the report and
recommended legislation shall also be submitted by the state treasurer to the presiding officer
of each house of the legislature. The presiding officer shall refer the report to the appropriate
committee having jurisdiction of the subject matter as provided in the rules of the respective
house.
(8)(a) On an annual basis, provide all of the following information to the legislature
no later than fifteen days prior to the convening of each regular session:
(i) A full organizational chart for the department which is current as of the date of
submission to the legislature and which shows each staff position, whether filled or vacant,
that comprises the department.
(ii) The current salary of the person occupying each filled position shown on the
organizational chart.
(b) The state treasurer may submit the annual report required by this Paragraph in
electronic format and is further authorized, but is not required, to submit the report at the
time of submission of a report pursuant to Paragraph (6) of this Subsection.
B. The state treasurer shall have authority to:
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and R.S. 36:803:
(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for
the efficient administration of the executive office of the state treasurer and the performance
of its powers, duties, functions, and responsibilities and such other personnel, who are not
assigned to an office, as may be necessary for the efficient administration of the department,
and for the performance of the responsibilities, powers, duties, and functions of agencies
transferred to it;
(ii) Employ, assign, and remove all personnel employed for the department on a
contractual basis, and
(iii) Transfer the personnel of the department as necessary for the efficient
administration of the department and its programs.
(b) All of the above are to be accomplished in accordance with applicable civil
service law, rules, and regulations, and with policies and rules of the Department of the
Treasury, and all are subject to budgetary control and applicable laws.
(2) Appoint, subject to legislative approval, advisory councils, boards, and
commissions necessary in the administration of the department, except as otherwise provided
by law or by concurrent resolution of the legislature.
(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments
for purposes consistent with the responsibilities and functions of the department, and take
such actions as are necessary to comply with conditions required for such acceptance.
(4) Formulate and promulgate rules of administration for the department relating to
employment and management.
(5) Do such other things not inconsistent with law, as are necessary to perform
properly the functions vested in him.

Legislative History

Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Acts 1986, No. 739, §1; Acts 1987, No. 736, §1; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2016, No. 557, §2.