2021 Louisiana Laws
Revised Statutes
Title 36 - Organization of the Executive Branch
§629. Transfer of boards, commissions, departments, and agencies to the Department of Agriculture and Forestry

RS 629 - Transfer of boards, commissions, departments, and agencies to the Department of Agriculture and Forestry

A. For purposes of this Chapter, references in Chapters 22 and 24 of this Title to "secretary" shall refer to the commissioner of agriculture and forestry, references to the "undersecretary" shall refer to the assistant commissioner for management and finance, and references to an "assistant secretary" shall refer to an assistant commissioner, except the assistant commissioner for management and finance.

B. The following agencies are transferred to and hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that they shall continue to appoint their own director and assistant director or personnel to fill comparable positions as authorized by law:

(1) Structural Pest Control Commission (R.S. 3:3361 et seq.).

(2) Louisiana Board of Animal Health (R.S. 3:2091 et seq. and other provisions of Title 3 of the Louisiana Revised Statutes of 1950 that apply to the board). Notwithstanding the provisions of this Subsection, the Louisiana Board of Animal Health shall serve solely in an advisory capacity with respect to the meat inspection program, as provided in R.S. 3:4222(C).

(3) Louisiana Commission of Weights and Measures (R.S. 3:4601 et seq.).

(4) Louisiana Animal Control Advisory Task Force (R.S. 3:2364).

C. The following agencies are transferred to and hereinafter shall be within the Department of Agriculture and Forestry, as provided in R.S. 36:901 et seq., except that the agencies shall continue to appoint their own directors and assistant directors or personnel to fill comparable positions as provided by law:

(1) Livestock Brand Commission (R.S. 3:731 et seq.).

(2) Louisiana Advisory Commission on Pesticides (R.S. 3:3211 et seq.).

D. The following agencies are transferred to and hereinafter shall be within the Department of Agriculture and Forestry, as provided in R.S. 36:802, except that the commissioner of agriculture shall return all funds that he collects for the agency, including proceeds from assessments and license fees, to the agency less the actual cost of collecting the assessment or license fee. Each such agency shall continue to control its own funds subject to the budgetary review of the commissioner of agriculture and the deputy commissioner for management and finance. In addition, each of the agencies provided for in this Subsection shall continue to appoint its own director and assistant director or personnel to fill comparable positions as authorized by law:

(1) Louisiana Egg Commission (R.S. 3:835 et seq.).

(2) Louisiana Rice Promotion Board (R.S. 3:3531 et seq.).

(3) Louisiana Rice Research Board (R.S. 3:3541 et seq.).

(4) Louisiana Soybean and Grain Research and Promotion Board (R.S. 3:3551 et seq.).

(5) Louisiana Strawberry Marketing Board (R.S. 3:730.1 et seq.).

(6) Louisiana Beef Industry Council (R.S. 3:2051 et seq.).

(7) Louisiana Crawfish Promotion and Research Board (R.S. 3:556.1 et seq.).

E. The Louisiana Sweet Potato Advertising and Development Commission (R.S. 3:1741 et seq.) is hereby transferred to and hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that the commissioner of agriculture shall return all funds that he collects for the agency, including proceeds from assessments and license fees, to the agency less the actual cost of collecting the assessment or license fee. The Louisiana Sweet Potato Advertising and Development Commission shall continue to control its own funds subject to the budgetary review of the commissioner of agriculture and the deputy commissioner for management and finance. In addition, the commission shall continue to employ its own director and such other personnel as is necessary to carry out its functions as provided by law.

F. The Dairy Stabilization Board (R.S. 3:4101 et seq.) is hereby transferred to and hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:901 et seq.

G. The Horticulture Commission of Louisiana (R.S. 3:3801) is transferred to and hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802.

H. The following agencies are placed within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that the agencies, subject to the approval of the commissioner of agriculture and forestry, shall appoint their own directors and assistant directors:

(1) The Louisiana Agricultural Commodities Commission (R.S. 3:3401 et seq.).

(2) The Louisiana Agricultural Finance Authority (R.S. 3:261 et seq.).

I. The Dairy Industry Promotion Board (R.S. 3:4151 et seq.) hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that the commissioner of agriculture shall return all funds that he collects for the agency, including proceeds from assessments and penalties, to the agency, less the actual cost of collecting the assessments or penalties. The board shall control its own funds subject to the budgetary review of the assistant commissioner for management and finance and the budgetary approval of the commissioner of agriculture. In addition, the board shall appoint its own director and assistant director, subject to the provisions of R.S. 3:4151 et seq.

J. The Louisiana Forestry Commission (Article IX, Section 8(B) and (C) of the Constitution of Louisiana and Chapter 28 of Title 3 of the Louisiana Revised Statutes of 1950) hereafter shall be within the Department of Agriculture and Forestry in accordance with the provisions of R.S. 36:802, except as otherwise provided in this Subsection:

(1) The Louisiana Forestry Commission shall appoint the state forester as provided in Article IX, Section 8(C) of the Constitution of Louisiana and with the consent of the Senate. He shall serve as the assistant commissioner for the office of forestry and as secretary to the Louisiana Forestry Commission.

(2) All employees of the office of forestry of the Department of Natural Resources are transferred to the office of forestry of the Department of Agriculture and Forestry.

(3) An appropriate percentage of the administrative employee positions, and the employees holding those positions, of the Louisiana Forestry Commission which were transferred to the Department of Natural Resources are transferred to the Department of Agriculture and Forestry. The secretary of natural resources and the commissioner of agriculture and forestry shall jointly determine the appropriate number of administrative positions and personnel to be transferred. This determination and the resulting transfer shall be effected no later than the last day of September of 1986.

(4) All funds appropriated to the Louisiana Forestry Commission and the office of forestry of the Department of Natural Resources shall be transferred to those entities in the Department of Agriculture and Forestry.

(5) Any appropriation for Fiscal Year 1986-1987 to the Louisiana Forestry Commission or the office of forestry within the Department of Natural Resources shall be deemed to be appropriated to those entities within the Department of Agriculture and Forestry.

(6) All property and facilities owned and operated by, or leased by or for the Louisiana Forestry Commission or the office of forestry of the Department of Natural Resources are transferred to those entities within the Department of Agriculture and Forestry.

(7) The fleet of airplanes operated by the Louisiana Forestry Commission and the office of forestry of the Department of Natural Resources is specifically transferred to the Department of Agriculture and Forestry. All airplanes operated by the Department of Agriculture and Forestry shall be under the exclusive jurisdiction of that department. Subject to the provisions of R.S. 2:1 et seq., the department may provide guidelines and procedures for the use and operation of its aircraft.

(8) The office of forestry of the Department of Agriculture and Forestry shall be the successor of the office of forestry of the Department of Natural Resources. For purposes of the transfer of functions of the office of forestry from the Department of Natural Resources to the Department of Agriculture and Forestry, the Department of Agriculture and Forestry shall be the successor to the Department of Natural Resources. All unfinished business of the former office and of the former department related thereto shall be completed by, all references in laws and documents to the former office and to the former department related thereto shall be deemed to refer to, and all obligations of the former office and of the former department related thereto shall be the obligations of the successor office and department. All legal proceedings of the former office and of the former department related thereto shall be continued in the name of such former office and department and further proceedings shall be in the name of the successor office and department without the necessity for amendment of any document.

K. The State Soil and Water Conservation Commission (R.S. 3:1204) hereafter shall be within the Department of Agriculture and Forestry as provided in R.S. 36:802, except that the director and assistant director of the commission shall be employed as provided by law.

L. The following agencies are transferred to the Department of Agriculture and Forestry and shall perform and exercise their powers, duties, functions, and responsibilities as provided by law:

(1) The Boll Weevil Eradication Commission (R.S. 3:1601 et seq.).

(2) The Agriculture Chemistry and Seed Commission (R.S. 3:1381 et seq.).

(3) The Louisiana Equine Promotion and Research Advisory Board (R.S. 3:2071 et seq.).

M. The Louisiana Board of Veterinary Medicine (R.S. 37:1511 et seq.) is hereby transferred to and placed within the Department of Agriculture and Forestry as provided in R.S. 36:803.

Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1978, No. 119, §1; Acts 1978, No. 320, §2; Acts 1980, No. 427, §2; Acts 1981, No. 158, §2; Acts 1981, No. 621, §2, eff. Jan. 1, 1982; Acts 1982, No. 137, §4, eff. July 12, 1982; Acts 1982, No. 160, §1; Acts 1982, No. 198, §3, eff. Jan. 1, 1983; Acts 1982, No. 443, §3, eff. Jan. 1, 1983; Acts 1982, No. 563, §2, eff. Jan. 1, 1983; Acts 1982, No. 698, §1; Acts 1983, No. 679, §2. Acts 1983, No. 96, §2, eff. June 23, 1983; Acts 1983, No. 526, §2, eff. July 8, 1983; Acts 1984, No. 800, §3, eff. July 13, 1984; Acts 1985, No. 120, §1; Acts 1985, No. 880, §4, eff. July 23, 1985; Acts 1985, No. 917, §2, eff. July 23, 1985; Acts 1986, No. 581, §2, eff. July 2, 1986; Acts 1988, No. 91, §1; Acts 1989, No. 662, §8, eff. July, 7, 1989; Acts 1991, No. 134, §2, eff. June 30, 1991; Acts 1991, No. 579, §2, eff. July 16, 1991; Acts 1992, No. 1058, §2; Acts 1997, No. 1116, §2; Acts 2003, No. 1253, §2; Acts 2004, No. 865, §2, eff. July 12, 2004; Acts 2004, No. 913, §2, eff. July 1, 2004; Acts 2005, No. 428, §3, eff. July 1, 2005; Acts 2006, No. 713, §4, eff. July 1, 2006; Acts 2008, No. 62, §2, eff. June 5, 2008; Acts 2008, No. 920, §4, eff. July 14, 2008; Acts 2009, No. 24, §§3 and 7, eff. June 12, 2009; Acts 2010, No. 388, §2; Acts 2010, No. 743, §2C, eff. July 1, 2010; Acts 2010, No. 861, §17; Acts 2012, No. 811, §§11, 17, eff. July 1, 2012; Acts 2013, No. 26, §§2, 4, eff. May 23, 2013; Acts 2013, No. 184, §10; Acts 2013, No. 220, §14, eff. June 11, 2013; Acts 2014, No. 832, §4; Acts 2017, No. 422, §3; Acts 2018, No. 515, §1; Acts 2021, No. 20, §§5, 10B, 10D; Acts 2021, No. 168, §2, eff. June 11, 2021; Acts 2021, No. 262, §1, eff. June 14, 2021.

NOTE: See Acts 2009, No. 24, §§9-11 relative to transfer of certain authority to the La. Agricultural Finance Authority (associated with abolition of office of marketing and agro-economic development and State Market Commission).