Transferred agencies and their department and secretary inherit the agencies’ obligations and debts, and the secretary must handle federal compliance for transferred agencies when it applies.
§855. Protection of obligations, etc. A. The legislature hereby specifically states that this Title is in no way and to no extent intended to nor shall it be construed in any manner which will impair the contractual or other obligations of any agency transferred by this Title or of the state of Louisiana. It is hereby specifically provided that all obligations of any agency transferred in accordance with this Part hereafter shall be deemed to be the obligations of the department to which the agency is transferred and of its secretary to the same extent as if originally made by them. 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 kind has been vested in an agency transferred by this Title, or diversion from the purposes for which such property was thus vested in any agency, it is hereby specifically provided that each such instrument or disposition hereafter shall be deemed to have been vested in the department to which the agency is transferred and its secretary in the same manner and to the same extent as if originally so done. B. The department to which each agency is transferred and its secretary shall be the successor in every way to each agency transferred and from which functions are or may be merged and consolidated, including all of the obligations and debts of each agency. All funds heretofore dedicated by or under authority of the constitution and laws of this state or any of its subdivisions to the payment of any bonds issued for construction or improvements for any institution or facility under the control of any agency hereby transferred shall continue to be collected and dedicated to the payment of those bonds, unless under the constitution and laws such bonds are now being paid out of moneys in the Bond Security and Redemption Fund. In like manner, all other dedications and allocations of revenues and sources of revenues heretofore made, which are constitutional under the Louisiana Constitution of 1974, shall continue, until otherwise hereafter provided by the constitution, in the same manner, to the same extent, and for the same purposes as were provided prior to the enactment of this Title. C. This Title shall not be construed or applied in any way which will prevent full compliance by the state, or any department, office, or agency thereof, with the requirements of any Act of the Congress of the United States or any regulation made thereunder by which federal aid or other federal assistance has been or hereafter is made available to this state, or any department, office, agency, or subdivision thereof, anything contained in this Title to the contrary notwithstanding, and such compliance hereafter shall be accomplished by the secretary insofar as such compliance affects any agency transferred in accordance with the provisions of this Part. Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977.