CHAPTER 9. DEPARTMENT OF PUBLIC
SAFETY
AND CORRECTIONS
§401. Department of Public
Safety and Corrections; public safety services; corrections services;
creation; domicile; composition; purposes and functions
A. The Department of Public
Safety and Corrections is created and shall be a body corporate with
the power to sue and be sued. The domicile of the department
shall be in Baton Rouge.
B.(1) The Department of Public
Safety and Corrections, through its offices and officers, shall have
authority generally for the security and physical safety of the
citizens and property of Louisiana, the enforcement of laws and
regulations pertaining to criminal conduct, automobile and highway
safety, motor vehicles and drivers, and fire protection.
(2) It shall also be responsible
for the custody of, evaluation of, such rehabilitation programs as the
department deems appropriate for, and post-release monitoring of,
convicted criminal offenders and adjudicated delinquents.
(3) It also shall be responsible
for:
(a) Providing diagnostic
services to the courts and other correctional authorities for sentence,
treatment, and release decisions;
(b) Administering programs to
protect persons in its custody and preparing them for release;
(c) Conducting and facilitating
research in criminology and penology; and
(d) Operating a probation and
parole system, all in accordance with law.
(4) This department shall have
responsibility for all penal and correctional institutions of the state.
C.(1) The Department of Public
Safety and Corrections shall be composed of the executive office of the
secretary, public safety services, corrections services, and such other
offices as shall be created by law. Public safety services shall
include the office of management and finance for public safety services,
the office of state police, the office of legal affairs, the office of
motor vehicles, and the office of state fire marshal, code enforcement
and building safety, and shall also include the deputy secretary of
public safety services, the assistant secretaries of the offices, and
personnel necessary to carry out their functions. Corrections
services shall include the office of management and finance for
corrections services, the office of adult services, and the office of
youth development and shall also include the deputy secretary of
corrections services and the assistant secretaries of the offices and
personnel necessary to carry out their functions.
(2) Whenever the secretary
determines that the administration of the functions of the department
may be more efficiently performed by eliminating, merging, or
consolidating existing offices or establishing new offices, he shall
present a plan therefor to the legislature for its approval by statute.
D. Repealed by Acts 1988, No.
326, §4, eff. July 7, 1988.
Acts 1983, No. 97, §4, eff. Feb.
1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts 1985, No.
919, §1, eff. July 23, 1985; Acts 1986, No. 752, §2, eff.
July 8, 1986; Acts 1987, No. 736, §1; Acts 1988, No. 326, §4,
eff. July 7, 1988; Acts 1990, No. 2, §2, eff. July 1, 1990; Acts
1992, No. 297, §3; Acts 1995, No. 1188, §3, eff. June 29,
1995; Acts 1997, No. 1187, §1; Acts 1999, No. 568, §1, eff.
June 30, 1999; Acts 1999, No. 1120, §1.
{{NOTE: SEE ACTS 1990, NO. 2,
§§5-11.}}
{{NOTE: SEE ACTS 1995, NO. 1188,
§6.}}
NOTE: See Acts 1999, No. 568,
§§5 & 7 eff. June 30, 1999, relative to transfer of
functions of division of charitable gaming, office of state police,
Dept. of Public Safety and Corrections, to office of charitable gaming,
Dept. of Revenue, not later than 1/1/2000 and conflicting Acts.
§402. Officers of the
department; compensation for one office only
A. The officers of the
department shall be the secretary, the undersecretary for public safety
services, the undersecretary for corrections services, the deputy
secretary for public safety services, the deputy secretary for
corrections services, and assistant secretaries, each of whom shall be
selected and shall perform functions as provided in this Title.
B. No person serving as a
secretary, deputy secretary for public safety services, deputy
secretary for corrections services, undersecretary for public safety
services, undersecretary for corrections services, or assistant
secretary shall receive any additional salary from the state other than
that salary which he receives by virtue of serving in any one of such
offices. Any statewide elected official appointed to serve as a
secretary, deputy secretary for public safety services, deputy
secretary for corrections services, undersecretary for public safety
services, undersecretary for corrections services, or assistant
secretary shall not receive any additional salary from the state other
than that salary which he receives as a statewide elected official.
C. Notwithstanding any provision
herein to the contrary, subject to approval of the governor, any person,
including any statewide elected official, serving or appointed to serve
as a secretary, undersecretary for public safety services,
undersecretary for corrections services, deputy secretary for public
safety services, deputy secretary for corrections services, or assistant
secretary may receive additional compensation for part-time services
rendered as an instructor in post-secondary educational institutions,
or as a member of the National Guard.
Acts 1976, No. 513, §1.
Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts
1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1,
eff. July 2, 1984.
§403. Secretary of public
safety and corrections
There shall be a secretary of public
safety and corrections who shall be appointed by the governor with
consent of the Senate and who shall serve at the pleasure of the
governor at a salary fixed by the governor, which salary shall not
exceed the amount approved for such position by the legislature while in
session. The secretary shall serve as the executive head and
chief administrative officer of the Department of Public Safety and
Corrections and shall have the responsibility for the policies of the
department except as otherwise provided by this Title, and for the
administration, control, and operation of the functions, programs, and
affairs of the department; however, the secretary shall perform his
functions under the general control and supervision of the governor.
Acts 1983, No. 97, §4, eff. Feb. 1, 1984.
§404. Powers and duties of
secretary of public safety and corrections
A. In addition to the functions,
powers, and duties otherwise vested in the secretary by law, he shall:
(1) Represent the public
interest in the administration of this Chapter and shall be responsible
to the governor, 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 Procedures 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) Advise the governor on
problems concerning any administrative or criminal misconduct within
state or local government agencies.
(6) Advise the governor on
problems concerning the administration of the department.
(7) Act as the sole agent of the
state or, in necessary cases, designate one of the offices within the
department or its assistant secretary, 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.
(8) Make reports and
recommendations on his own initiative or upon request by the governor,
the legislature, or any committee or member thereof.
(9) Provide for the ongoing
merger and consolidation of the agencies and functions transferred to
his department and submit a report thereon to the governor and the
legislature, which report shall accompany the budget statement which he
submits under provisions of R.S. 39:45. 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,
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 under
the provisions of this Title. A copy of the report and
recommended legislation shall also be submitted by the secretary to the
presiding officer of both houses 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.
B. The secretary shall have
authority to:
(1) Except as otherwise
specifically provided in R.S. 36:405, R.S. 36:406, R.S. 36:801, and
R.S. 36:803:
(a) Employ, appoint, remove,
assign, and promote such personnel as is necessary for the efficient
administration of the executive office of the secretary and of each
other office of the department and for the performance of their
respective 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.
(b) Employ, assign, and remove
all personnel employed for the department on a contractual basis.
(c) Transfer the personnel of
the department as necessary for the efficient administration of the
department and its programs.
(d) All of the above shall be
accomplished in accordance with applicable civil service law, rules, and
regulations, and with policies and rules of the Department of Public
Safety and Corrections, and all subject to budgetary control and
applicable laws.
(2) Appoint, subject to
gubernatorial approval, advisory councils, boards, and commissions
necessary in the administration of the department, except as otherwise
provided by law or by executive order.
(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 any
conditions required for such acceptance.
(4) Formulate and promulgate
rules of administration for the department relating to employment and
management.
(5) Exercise the powers, rights,
authority, and status provided by law for Louisiana state troopers.
(6) Do such other things, not
inconsistent with law, as are necessary to perform properly the
functions vested in him.
Acts 1976, No. 513, §1.
Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts
1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1,
eff. July 2, 1984; Acts 1986, No. 820, §1; Acts 1987, No. 736,
§1; Acts 1991, No. 108, §1, eff. June 30, 1991.
{{NOTE: SEE ACTS 1987, NO. 736,
§3.}}
{{NOTE: SEE ACTS 1991, NO. 108,
§2.}}
§405. Deputy secretaries
for public safety services and corrections services
A.(1) There shall be a deputy
secretary for public safety services and a deputy secretary for
corrections services. Each shall be appointed by the secretary and
serve at the pleasure of the secretary at a salary fixed by the
secretary, which salary shall not exceed the amount approved for such
position by the legislature while in session. Each appointment by
the secretary shall be submitted to the Senate for confirmation.
The duties and functions of the deputy secretaries shall be
determined and assigned by the secretary, except that:
(a) The office of state police
shall be under the immediate supervision and direction of the deputy
secretary for public safety services.
(b) Public safety services,
including the office of state police, the office of legal affairs, the
office of motor vehicles, the office of state fire marshal, code
enforcement and building safety, and their assistant secretaries, shall
be under the supervision and direction of the deputy secretary for
public safety services. The deputy secretary for public safety
services shall be an ex officio member of each board and commission in
the Department of Public Safety and Corrections which is related to the
functions of public safety services. However, the deputy
secretary may appoint a designee to be his representative as an ex
officio member of each board and commission which is related to the
functions of public safety services.
(c) Corrections services,
including the office of adult services and the office of youth
development and their assistant secretaries, shall be under the
supervision and direction of the deputy secretary for corrections
services.
(2) The deputy secretary for
public safety services shall be selected from the ranks of sworn,
commissioned state police officers who have graduated from the state
police training academy. The deputy secretary for public safety
services shall serve as acting secretary in the absence of the
secretary over all functions of the department except corrections
services. The deputy secretary for public safety services shall
employ, appoint, remove, assign, and promote such personnel as is
necessary for the efficient administration of public safety services
and for the performance of the powers, duties, functions, and
responsibilities of public safety services, including any agencies
transferred to the department which are related to the functions of
public safety services, except as otherwise provided by this Title.
The deputy secretary for public safety services shall be solely
responsible for employment, assignment, and removal of all personnel
employed for public safety services on a contractual basis. The
deputy secretary for public safety services shall be solely responsible
for the transfer of all personnel within public safety services and no
personnel shall be transferred to or from public safety services to any
other office of the department without his prior approval.
(3) The deputy secretary for
corrections services shall serve as acting secretary in the absence of
the secretary for functions of the department relating to corrections
services.
(4) The deputy secretary for
public safety services shall exercise the powers, rights, authority,
and status provided by law for Louisiana state troopers.
B. Each deputy secretary shall
exercise all powers and authority granted to him in this Title subject
to the overall direction and control of the secretary.
C. In the event of an emergency
in any correctional facility which causes danger to life or property,
and in connection with the imposition of the death penalty, the deputy
secretary for corrections services may report directly to the governor.
Acts 1976, No. 513, §1; Acts
1977, No. 83, §1, eff. June 22, 1977; Acts 1983, No. 97, §4,
eff. Feb. 1, 1984; Acts 1984, No. 326, §1, eff. July 2, 1984; Acts
1985, No. 335, §1, eff. July 9, 1985; Acts 1990, No. 2, §2,
eff. July 1, 1990; Acts 1992, No. 297, §3; Acts 1995, No. 1188,
§3, eff. June 29, 1995; Acts 1997, No. 1187, §1; Acts 1999,
No. 174, §1; Acts 1999, No. 1120, §1.
{{NOTE: SEE ACTS 1990, NO. 2,
§§5-11.}}
{{NOTE: SEE ACTS 1995, NO. 1188,
§6.}}
§406. Undersecretaries;
functions; offices of management and finance
A. For the Department of Public
Safety and Corrections, there shall be an undersecretary for public
safety services and an undersecretary for corrections services.
They shall be appointed by the governor with consent of the
Senate and shall serve at the pleasure of the governor at a salary
fixed by the governor, which salaries shall not exceed the amount
approved for such positions by the legislature while in session.
The undersecretaries shall be directly responsible to and shall
perform their functions under the supervision and control of the
secretary.
B.(1) The undersecretary for
public safety services shall direct and be responsible for the
functions of the office of management and finance for public safety
services within the Department of Public Safety and Corrections.
In such capacity, he shall be responsible for accounting and
budget control, procurement and contract management, data processing
other than data processing authorized by law to be performed by the
office of state police, management and program analysis, personnel
management, grants management for public safety services and all of its
offices, and for all agencies transferred to the Department of Public
Safety and Corrections which are related to the functions of public
safety services, except as otherwise specifically provided in this
Title.
(2) The undersecretary for
corrections services shall direct and be responsible for the functions
of the office of management and finance for corrections services within
the Department of Public Safety and Corrections. In such capacity,
he shall be responsible for accounting and budget control, procurement
and contract management, data processing, management and program
analysis, personnel management, and grants management for corrections
services and all of its offices and for all agencies transferred to the
Department of Public Safety and Corrections which are related to the
functions of corrections services, except as otherwise specifically
provided in this Title.
(3) The deputy secretary for
public safety services shall employ, appoint, remove, assign, and
promote such personnel as is necessary for the efficient administration
of the office of management and finance for public safety services and
the performance of its powers, duties, functions, and responsibilities
and the secretary shall employ, appoint, remove, assign, and promote
such personnel as is necessary for the efficient administration of the
office of management and finance for corrections services and the
performance of its powers, duties, functions, and responsibilities, all
in accordance with applicable civil service laws, rules, and
regulations, and with policies and rules of the department, all subject
to budgetary control and applicable laws. Each undersecretary
shall exercise all powers and authority granted to him in this Title
subject to the overall direction and control of the secretary.
C. The duties and functions of
the offices of management and finance and of the undersecretaries shall
be as provided in this Section and these duties and functions shall not
be subject to change by the secretary, except that the undersecretaries
shall perform such additional duties and functions as are assigned by
the secretary.
Acts 1976, No. 513, §1.
Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts
1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1,
eff. July 2, 1984.
§407. Assistant secretaries
A. Each office within the
Department of Public Safety and Corrections, except the offices of
management and finance and the office of state police, shall be under
the immediate supervision and direction of an assistant secretary who
shall be appointed by the governor with consent of the Senate.
Each shall serve at the pleasure of the governor and shall be
paid a salary which shall be fixed by the governor, which salary shall
not exceed the amount approved for such position by the legislature
while in session.
B. Except as otherwise expressly
provided in this Title, the duties and functions of each office and its
assistant secretary shall be determined by the secretary, and all of
such duties and functions shall be exercised under the direct
supervision and control of the secretary. The exercise of the
duties and functions of the offices of public safety services and their
assistant secretaries shall be under the supervision of the deputy
secretary for public safety services.
C. Each assistant secretary
shall exercise all powers and authority granted to him in this Title
subject to the overall direction and control of the secretary.
Acts 1976, No. 513, §1.
Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts
1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 326, §1,
eff. July 2, 1984.
§408. Offices; purposes and
functions
A. The purposes for which the
offices of the Department of Public Safety and Corrections are created
shall be as set forth in this Section.
B.(1) The office of state police
shall perform the functions of the state related to the enforcement of
the criminal and traffic laws of the state, and the maintenance of
intelligence and investigative operations, all in accordance with
applicable laws. It shall also provide a basic training curriculum
in security work for all security personnel employed at the capitol
complex, administrative state office buildings, and state hospitals and
may provide, upon request, such training for security personnel in other
state operated facilities, except for state colleges and universities.
It shall be responsible only for such data processing related to
the operations of the office as shall be absolutely required to be
performed in such office by the nationally applicable standards of the
National Crime Information Center and the Louisiana Bureau of Criminal
Identification and Information.
(2) Repealed by Acts 1999, No.
1257, §6, eff. June 30, 1999.
(3) Within the office of state
police there shall be a Weights and Standards Mobile Police Force (R.S.
40:1379.8) which shall perform the functions of the state related to the
enforcement of R.S. 32:380 through 389, and R.S. 47:718, and the
provisions of Chapter 4 of Subtitle II of Title 47 relating to trucks,
trailers, and semitrailers and Part V of Chapter 7 of Subtitle II of
Title 47 of the Louisiana Revised Statutes of 1950 and the department's
regulations adopted pursuant thereto.
C. The office of motor vehicles
shall perform the functions of the state relative to the examination
and licensing of drivers of motor vehicles within the state, the
suspension and revocation of such licenses, the approval of driver
education programs, issuance of vehicle title and registration
certificates, recordation of liens against motor vehicles, and the
collection of appropriate fees and motor vehicle sales tax, all in
accordance with applicable laws.
D. The office of state fire
marshal, code enforcement and building safety shall perform generally
the functions of the state relating to the protection of life and
property from the hazards of fire and of panic which may arise from
fire or from the threat of fire or explosion, including but not
necessarily restricted to:
(1) Supervision and enforcement
of safety standards and inspection.
(2) Arrest of individuals
suspected of violations of criminal laws specified in R.S. 40:1563.1.
(3) Examination of the
circumstances surrounding fires of suspicious origin, and maintenance
of records and reports on fires in this state.
(4) Exclusive power to
investigate and to make and prescribe rules and regulations for the
proper construction, installation, repair, use, operation, and safety
of boilers in the state, the city of New Orleans excepted, and to issue
general or special orders for the enforcement of such rules and
regulations as well as any provision of law affecting boilers. The
rules and regulations so formulated shall conform as nearly as
practicable to the boiler construction code of the American Society of
Mechanical Engineers, all as specified in R.S. 23:531 through R.S.
23:542.
(5) Examination and
certification of boiler inspector examiners.
E. The office of legal affairs
shall be responsible, in accordance with applicable laws and under the
direction of the deputy secretary, for providing legal consultation and
representation to the other offices within public safety services.
The assistant secretary for the office of legal affairs shall be
an attorney licensed to practice law in the state of Louisiana who has
at least five years experience in the active practice of law. The
assistant secretary cannot act on behalf of the agency on any matters
for which representation has been designated to another state agency.
F. Repealed by Acts 1990, No. 2,
§4, eff. July 1, 1990.
G.(1) The office of adult
services shall perform functions of the state relating to correctional
institutions, work release programs, and the probation and parole
programs for adults, including functions relating to the operation and
maintenance of the Louisiana Correctional Institute for Women, Louisiana
State Penitentiary, Louisiana Correctional and Industrial School, Elayn
Hunt Correctional Center, Dixon Correctional Institute, Work Training
Facility North, Washington Correctional Institute, Wade Correctional
Center, and such other adult correctional institutions as may be
created.
(2) In addition, it shall
perform functions relating to the establishment and administration of a
work release program for inmates of institutions under its
jurisdiction, of a probation and parole system for inmates at adult
institutions, and of a diagnostic and treatment center, which may
consist of one or more branches, to undertake medical, educational,
psychiatric, and social studies of persons committed to facilities
under the jurisdiction of the office, all in accordance with applicable
laws.
H.(1) The office of youth
development shall, in accordance with law, have responsibility for the
care, custody, security, and treatment of children adjudicated
delinquent or in need of supervision committed to its custody or placed
under its supervision, as well as adults placed under its supervision,
pursuant to the Code of Juvenile Procedure* except as otherwise
provided by law.
(2) The office shall provide:
(a) Evaluation and diagnostic
services for youth adjudicated delinquent or in need of supervision.
(b) Community placement services
for offenders adjudicated delinquent or in need of supervision and
disposed to the custody of the Department of Public Safety and
Corrections.
(c) Alternative services in lieu
of out-of-home placement for offenders adjudicated delinquent or in
need of supervision and disposed to the department's custody or
supervision and for their families.
(d) Treatment services in secure
custody facilities for delinquent offenders disposed to the department's
custody and who as determined by the department require this
restrictive level of care and custody.
(e) Probation, parole, and other
programs of supervision for youth adjudicated delinquent or in need of
supervision.
(f) Community services directed
at prevention of juvenile delinquency, intake screening, and diversion
as deemed appropriate by the department.
(3) The office shall participate
in programs for the purchase of care and treatment of children taken
into custody under the provisions of Code of Juvenile Procedure* Art.
25(1) and (4) pending adjudication, disposition, placement, or any or
all of the above.
Acts 1976, No. 513, §1; Acts
1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 136, §1;
Acts 1979, No. 722, §2, eff. July 1, 1980; Acts 1981, No. 449,
§2, eff. July 1, 1981; Acts 1983, 1st Ex. Sess., No. 8, §2;
Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1988, No. 607,
§1, eff. July 14, 1988. Acts 1984, No. 567, §1, eff.
Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1986, No. 332, §1;
Acts 1986, No. 752, §2, eff. July 8, 1986; Acts 1987, No. 613,
§1; Acts 1988, No. 607, §1, eff. July 14, 1988; Acts 1990,
No. 2, §4, eff. July 1, 1990; Acts 1991, No. 467, §1; Acts
1995, No. 320, §2, eff. June 16, 1995; Acts 1995, No. 914,
§2, eff. June 28, 1995; Acts 1995, No. 1188, §5, eff. June
29, 1995; Acts 1997, No. 1186, §2; Acts 1997, No. 1187, §1;
Acts 1999, No. 1120, §1; Acts 1999, No. 1257, §6, eff. June
30, 1999.
NOTE: SEE ACTS 1990, NO. 2,
§§5-11.
*NOTE: REFERENCES IN SUBSECTION
H TO C.J.P. - SEE NOW CHILDREN'S CODE.
NOTE: SEE ACTS 1995, NO. 1188,
§6.
NOTE: See Acts 1999, No. 1257,
§4 re: termination of statutory authority for division of
charitable gaming control, office of state police.
§409. Transfer of agencies
to Department of Public Safety and Corrections
A. The transfers and abolitions
of agencies hereinafter made in this Section shall be effective as
provided in Chapter 24 of this Title.
B. The Louisiana Highway Safety
Commission (R.S. 48:1351-48:1357) is transferred to the Department of
Public Safety and Corrections and hereafter shall perform and exercise
its powers, duties, functions, and responsibilities as provided in R.S.
36:801.
C. The following agencies, as
defined by R.S. 36:3, are transferred to and hereafter shall be within
the Department of Public Safety and Corrections, as provided in R.S.
36:802:
(1) Fire Prevention Board of
Review (R.S. 40:1578.1-40:1578.5)
(2) Fireman's Supplemental Pay
Board (R.S. 33:2006-33:2009)
(3) Board of Review for extra
compensation for municipal police officers (R.S. 33:2218.7)
(4) Board of Parole (R.S.
15:572; 15:574.2-15:574.13; R.S. 46:1651-46:1656)
(5) Board of Pardons (Article
IV, Section 5(E) of the 1974 Louisiana Constitution; R.S.
15:572-15:574.1)
(6) Riverboat Gaming Commission
(R.S. 27:51)1
(7) Repealed by Acts 2001, No.
1185, §8, eff. July 1, 2001.
(8) The Weights and Standards
Police Force (mobile units only) (R.S. 40:1379.8).
(9) State Licensing Board for
Locksmiths (R.S. 37:1391-1401)2
D. The following agencies, as
defined by R.S. 36:3, are transferred to and shall be within the
Department of Public Safety and Corrections, as provided in R.S. 36:803:
(1) The Stress Analysts Board
(R.S. 37:2861-2887)2
(2) Louisiana State Board of
Private Security Examiners (R.S. 37:3270-3298)
E. The Louisiana Medical
Advisory Council (R.S. 40:1351-40:1355) is transferred to and hereafter
shall be within the Department of Public Safety and Corrections, as
provided in Part III of Chapter 22 of this Title.
F. The following agencies, as
defined in R.S. 36:3, are hereby abolished and their powers, duties,
functions, and responsibilities are transferred to the secretary of the
Department of Public Safety and Corrections and hereafter shall be
exercised and performed as provided in Part IV of Chapter 22 of this
Title:
(1) Department of Public Safety
(R.S. 40:1301-40:1471.22; R.S. 26:791-26:797; R.S. 32:401-32:427;
32:851-32:1043; 32:1301-32:1310; R.S. 47:531-47:540)
(2) State Fire Marshal (R.S.
40:1561-40:1592; 40:1601; 40:1621)
(3) Repealed by Acts 1990, No.
2, §4, eff. July 1, 1990.
(4) Louisiana Criminal Justice
Information System (R.S. 15:575 et seq.)
(5) Louisiana State Board of
Boiler Inspector Examiners (R.S. 23:41-23:49)
(6) The Department of
Corrections (R.S. 15:572; 15:574.2-15:574.3; 15:821-15:840.1;
15:851-15:875; 15:892-15:894; 15:901-15:907; 15:1061-15:1071; 15:1111;
15:1131-15:1135; 15:1151-15:1159; and R.S. 46:1651-46:1656)
G. The Prison Enterprises Board
(R.S. 15:1155) is placed within the Department of Public Safety and
Corrections and shall exercise and perform its powers, duties,
functions, and responsibilities in the manner provided for agencies
transferred in accordance with the provisions of R.S. 36:901, et seq.
H. The Liquified Petroleum Gas
Commission (Article VI, Section 28 of the 1921 Louisiana Constitution
made statutory by Article XIV, Section 16(A)(3) of the 1974 Louisiana
Constitution; R.S. 40:1841-40:1850; R.S. 3:1351-3:1357) is placed within
the Department of Public Safety and Corrections and shall exercise and
perform its powers, duties, functions, and responsibilities in the
manner provided for agencies transferred in accordance with the
provisions of R.S. 36:802, except that any director or assistant
director of the agency or similar personnel authorized by law shall
continue to be appointed as otherwise provided by law.
I. The board of review to the
fire marshal (R.S. 51:911.24(F)) is placed within the Department of
Public Safety and Corrections and shall exercise and perform its
powers, duties, functions, and responsibilities in the manner provided
for agencies transferred in accordance with the provisions of R.S.
36:913.
J. The Louisiana Motor Carrier
Advisory Committee (R.S. 40:1486.1) is placed within the Department of
Public Safety and Corrections as provided in R.S. 36:916.
K. The Interagency Recreation
Board (R.S. 40:2501-2505; R.S. 41:1081-1088) is placed within the
Department of Public Safety and Corrections and shall exercise and
perform its powers, duties, functions, and responsibilities in the
manner provided for agencies transferred in accordance with the
provisions of R.S. 36:801.
L. The Louisiana State Board of
Private Investigator Examiners (R.S. 37:3501-3525) is placed within the
Department of Public Safety and Corrections and shall perform and
exercise its powers, duties, functions, and responsibilities as provided
for agencies transferred in accordance with R.S. 36:803.
M. The Louisiana Alarm Services
Advisory Board (R.S. 40:1662.1 et seq.) is placed within the Department
of Public Safety and Corrections as provided in R.S. 36:919.3.
N.(1) The Louisiana Gaming
Control Board (R.S. 27:1 et seq.) is placed within the Department of
Public Safety and Corrections and shall exercise and perform its
powers, duties, functions, and responsibilities as provided for
agencies transferred in accordance with the provisions of R.S. 36:801.1.
(2) The Louisiana Gaming Control
Board Hearing Office (R.S. 27:25), a division of the Louisiana Gaming
Control Board, is placed within the Department of Public Safety and
Corrections, as provided in R.S. 27:25.
O. The Louisiana Truck Center
(R.S. 32:390.21-390.24) is placed within the Department of Public
Safety and Corrections as provided in R.S. 36:851.
Acts 1976, No. 513, §1; Acts
1977, No. 83, §1, eff. June 22, 1977; Acts 1979, No. 722,
§§3, 4, eff. July 1, 1980; Acts 1981, No. 799, §2; Acts
1981, No. 873, §1, eff. Sept. 11, 1981; Acts 1982, No. 565,
§2, eff. July 22, 1982; Acts 1983, 1st Ex. Sess., No. 8, §2;
Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 505,
§2, eff. Jan. 1, 1985; Acts 1984, No. 567, §5, eff. Jan. 1,
1985; Acts 1984, No. 844, §4, eff. July 13, 1984; Acts 1985, No.
435, §2, eff. July 11, 1985; Acts 1985, No. 925, §3; Acts
1985, No. 965, §2; Acts 1987, No. 243, §1; Acts 1987, No.
613, §1; Acts 1989, No. 662, §8, eff. July 7, 1989; Acts
1990, No. 2, §4, eff. July 1, 1990; Acts 1990, No. 906, §1;
Acts 1991, No. 753, §3, eff. July 18, 1991; Acts 1991, No. 809,
§2, eff. July 22, 1991; Acts 1992, No. 245, §1; Acts 1995,
No. 1054, §1, eff. Aug. 1, 1995; Acts 1995, No. 1150, §2;
Acts 1996, 1st Ex. Sess., No. 7, §2, eff. May 1, 1996; Acts 1997,
No. 273, §2; Acts 1997, No. 1116, §2; Acts 1997, No. 1186,
§2; Acts 1997, No. 1503, §1; Acts 1999, No. 1148, §1;
Acts 2001, No. 1185, §8, eff. July 1, 2001.
NOTE: SEE ACTS 1985, NO. 435,
§5.
NOTE: SEE ACTS 1990, NO. 2,
§§5-11.
1Abolished May 1, 1996.
See R.S. 27:31(A)(2).
2The State Licensing Board
for Locksmiths (R.S. 37:1391 et seq.), referred to in Paragraph (C)(9),
and the Certified Stress Analysts Board (R.S. 37:2861 et seq.), referred
to in Paragraph (D)(1), were repealed by Acts 2001, No. 1137, §1.
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