RS 939 - Louisiana Council on New Industry Taxation and Louisiana Nuclear and Space Authority abolished; transfer of functions to State Board of Commerce and Industry; placement of Atomic Energy Development Agency in State Department of Economic Development
A.(1) In order to merge and consolidate into one department, under authority of Section 32 of Article III of the Constitution of 1921, the executive and administrative offices of the State of Louisiana whose duties and functions are of a similar nature or character, the Louisiana Council on New Industry Taxation and the Louisiana Nuclear and Space Authority created and provided for by the laws of Louisiana are hereby abolished and the functions, powers and duties of each of said agencies are transferred to the State Board of Commerce and Industry and the State Department of Economic Development. Hereafter the administrative functions of the state now or hereafter authorized to be exercised by the constitution and laws in relation to the administration, management and operation of the functions, programs and facilities of the said merged boards and agencies shall be exercised by the executive director of the State Department of Economic Development under the supervision and direction of the State Board of Commerce and Industry.
(2) The provisions of this section or any other law to the contrary notwithstanding, the Atomic Energy Development Agency created by the provisions of R.S. 51:1054 shall be placed in and become a part of the State Department of Economic Development, effective January 1, 1973. The coordinator of the agency, the method of his appointment and the functions, powers and duties authorized by the provisions of R.S. 51:1054, R.S. 51:1065 and R.S. 51:1068 shall continue as provided by such provisions.
B. Under the transfer of functions provided for by this section, any pending or unfinished business of the agencies enumerated in Paragraph (1) of Subsection A shall be taken over and be completed by the executive director with the same power and authority as was exercised by each of said agencies. The state board shall be the successor in every way to these agencies, and every act done in the exercise of such functions by the state board and/or the executive director shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on the effective date of this section as if done by the agencies from which such functions are transferred.
C. Whenever any of the agencies hereby transferred is referred to or designated by any law or contract or other document, such reference or designation hereafter shall be deemed to and shall apply to the State Board of Commerce and Industry and the legislature hereby specifically states that the provisions of this section are in no way and to no extent intended to nor shall they be construed in any manner which will impair the contractual obligations of any of the agencies heretofore existing, or of the State of Louisiana.
It is hereby specifically provided that all such obligations hereafter shall be deemed to be the obligations of the state board to the same extent as if originally made by it. In like manner, and in order to prevent any violation of the provisions, terms or conditions of any gift, donation, deed, will, trust or other instrument or disposition by which property of any nature or description has been vested in any agency affected by this merger, consolidation and transfer, or diversion from the purposes for which such property was donated, deeded, devised or bequeathed or otherwise vested in any such agency, it is hereby specifically provided that each and every such instrument or disposition hereafter shall be deemed to have been vested in the state board in the same manner and to the same extent as if originally so done. In addition, the provisions of this section shall not be construed or applied in such a way as to prevent full compliance by the state or any agency thereof with the requirements of any act of the Congress of the United States or any regulation made thereunder by any officer or agency of the federal government by which federal aid or other federal assistance from the United States has been or is hereafter made available to this state or any of these agencies, anything contained in this section to the contrary notwithstanding, and such compliance hereafter shall be accomplished by the state board.
D. All books, papers, records, money, choses in action and other property heretofore possessed, controlled or used by the agencies in the exercise of functions hereby transferred are hereby transferred to the state board.
E. All employees heretofore engaged in the performance of duties in the agencies hereby transferred, in the exercise of functions transferred by the section to the state board shall be transferred with functions to the state board to the extent practicable and necessary to carry out the purposes of this section and they shall, so far as practicable and necessary, continue to perform the duties heretofore performed, subject to the provisions of the state civil service law.
F. The transfer of functions herein provided shall be effective on and after January 1, 1973; provided, however, that to effect an orderly transfer of the functions of such agencies the following procedure shall be effected, to wit:
(1) Not later than September 15, 1972, the agencies whose functions are hereby transferred shall transmit to the governor, the commissioner of administration and the State Board of Commerce and Industry such information as may be necessary to effect plans for such transfer and as may be prescribed by the commissioner of administration, including but not limited to (a) a complete list of all personnel, their salaries and job descriptions; (b) a complete inventory of all furniture, fixtures and equipment of every kind and description whatsoever; (c) all financial and bookkeeping records of each of the agencies and (d) a summary of all floor space in state office buildings or elsewhere then being utilized.
(2) The State Board of Commerce and Industry thereafter shall prepare and transmit to the governor and the Division of Administration a transition plan for consolidation not later than November 1, 1972. This plan shall include a detailed procedure for the transfer and operation of the functions transferred to it, including the transfer and utilization of jobs, personnel, funds, office space and equipment, and such other information as the governor may require.
G. All monies appropriated to, dedicated to or otherwise realized through any source whatsoever by each of the agencies whose functions are hereby transferred, upon the effective date hereof shall be transferred to the State Board of Commerce and Industry, and thereafter the disbursement of and accountability for said funds shall be the responsibility of the State Board of Commerce and Industry.
Added by Acts 1972, No. 689, §1.