Louisiana 2013 Regular Session

Louisiana House Bill HB538 Latest Draft

Bill / Engrossed Version

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Regular Session, 2013
HOUSE BILL NO. 538
BY REPRESENTATIVES SCHRODER, KLECKLEY, ARMES, BERTHELOT, BILLIOT,
BROWN, CARMODY, CARTER, CHAMPAGNE, CHANEY, CONNICK, COX,
CROMER, FOIL, GAINES, GUILLORY, HARRISON, HAVARD, HAZEL,
HENSGENS, HOFFMANN, HONORE, HOWARD, JAMES, MONTOUCET,
ORTEGO, POPE, PRICE, REYNOLDS, RICHARD, SCHEXNAYDER, ST.
GERMAIN, AND THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC BLDGS/GROUNDS-ST: Provides relative to security and the allocation and use
of space within the state capitol complex
AN ACT1
To amend and reenact R.S. 49:150.1, relative to the state capitol complex; to provide for the2
allocation and use of space within the state capitol complex; to provide relative to3
the security of the state capitol and surrounding grounds; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 49:150.1 is hereby amended and reenacted to read as follows:7
ยง150.1.  State capitol complex; allocation of space; maintenance; law enforcement8
officer and firefighter memorial; security plan9
A. Notwithstanding any other provision of law to the contrary, and10
particularly any contrary provision of R.S. 49:146 or R.S. 39:127, the allocation and11
use of space within the state capitol and any additions or appurtenances thereto,12
pentagon courts barracks buildings, and the Old Arsenal Magazine Museum shall be13
as provided in this Subpart Section.  The provisions of this Subpart shall apply to the14
subbasement, basement, and all floors of the state capitol, all buildings in the15
pentagon courts, and the Old Arsenal Museum.16 HLS 13RS-414	REENGROSSED
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B. The fourth floor and three floors, fifth, and sixth floors of the state capitol1
building shall be allocated to and be used by the governor for his office, the offices2
of the members of his personal staff, and the offices of such other personnel of3
agencies within the office of the governor as the governor shall determine.4
C.  In addition to the provisions of Subsection B herein, four floors of the5
state capitol building shall be designated for use by the attorney general and one The6
third floor and the twenty-first floor of the state capitol building shall be designated7
for use by the state treasurer; however, the commissioner of agriculture shall have8
office space on one floor designated for use by the state treasurer. and The secretary9
of state shall have office space on the twentieth floor of the state capitol and may10
designate an office for use by the commissioner of insurance. The attorney general11
shall have office space on the twenty-second and twenty-third floors of the state12
capitol. That space leased to members of the press on July 1, 1979	, by the Division13
of Administration division of administration shall constitute the press area of the14
state capitol and shall be under the control of the governor; provided however, if15
renovations require temporary or permanent reassignment of the press to another16
area of the state capitol such reassignment shall be determined and made jointly by17
the governor, the speaker of the house of representatives House of Representatives,18
and the president of the senate Senate.19
D.  The designation of the eight floors as set forth in Subsection B and C20
herein, not including the fourth floor, shall be jointly determined by the governor,21
the speaker of the house of representatives, and the president of the senate. remaining22
floors of the state capitol not otherwise specifically designated in Subsections B and23
C of this Section shall be determined jointly by the governor, the speaker of the24
House of Representatives, and the president of the Senate.25
E.(1) All areas of the state capitol, pentagon courts barracks buildings, and26
the Old Arsenal Magazine Museum not allocated under the provisions of Subsections27
B and C herein of this Section shall be for the sole use of the legislature, its agencies28
and officers, and the employees of the legislature and its agencies.  In addition, the29 HLS 13RS-414	REENGROSSED
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former nurses' dormitory at the Our Lady of the Lake Hospital, located on Capitol1
Lake, shall be for the sole use of the legislature, its agencies and officers, and the2
employees of the legislature and its agencies until such time as it shall be renovated3
in accordance with the Capitol Complex Master Plan and it shall then revert to the4
control of the division of administration.5
(2) The time at which such renovation shall begin shall be determined jointly6
by the President of the Senate, the Speaker of the House of Representatives, and the7
commissioner of administration. The allocation of these areas shall be made by the8
legislature by joint rule or through the Legislative Budgetary Control Council.9
F.(1) Except as otherwise provided in this Section, the superintendent of10
state buildings shall have charge of the maintenance of the Old Arsenal Magazine11
Museum and the management, operation, and maintenance of the state capitol12
building, pentagon courts barracks buildings, the Old Arsenal Museum, the capitol13
annex, and the capitol complex grounds. In the performance of the duties specified14
in this Subsection, the superintendent shall be under the authority and direction of15
the governor, the speaker of the house of representatives House of Representatives,16
and the president of the senate Senate.17
(2) Notwithstanding any other provision of law to the contrary, the18
Department of State shall have charge of the management and operation of the Old19
Arsenal Magazine Museum.20
G. In accordance with R.S. 25:781 through 785 and subject to the joint21
approval and oversight of the governor, the president of the Senate, and the speaker22
of the House of Representatives, the superintendent of state buildings shall:23
(1) Set aside and maintain an area on the grounds of the state capitol east of24
the Old Arsenal Magazine Museum for a memorial honoring law enforcement25
officers and firefighters who are killed in the line of duty;.26
(2)  Plan, implement, and maintain the memorial itself; and.27 HLS 13RS-414	REENGROSSED
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(3) Establish and maintain a fund to consist of private donations, grants, and1
other similar, but non-state nonstate, monies which he shall use with respect to the2
establishment and maintenance of the memorial.3
H. The office of state police shall develop and implement a security plan for4
the state capitol and the surrounding grounds, subject to the approval of the5
Legislative Budgetary Control Council.6
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Schroder	HB No. 538
Abstract: Provides for security and the allocation and use of space within the state capitol
complex and provides for a security plan for the state capitol and its grounds.
Present law, relative to the allocation and use of space in the capitol complex, provides that
notwithstanding any other law to the contrary, the allocation and use of space within the state
capitol, pentagon court buildings, and the Old Arsenal Museum, including the subbasement,
basement, and all floors of the state capitol, all buildings in the pentagon court, and the Old
Arsenal Museum, shall be as follows:
(1)The fourth floor and three floors of the state capitol building shall be allocated to and
be used by the governor for his office, the offices of the members of his personal
staff, and the offices of such other personnel of agencies within the office of the
governor as the governor shall determine.
(2)Four floors of the state capitol building shall be designated for use by the attorney
general and one floor of the state capitol building shall be designated for use by the
treasurer and the secretary of state.  That space leased to members of the press on
July 1, 1979, by the division of administration shall constitute the press area of the
capitol and shall be under the control of the governor; provided however, if
renovations require temporary or permanent reassignment of the press to another
area of the capitol such reassignment shall be determined and made jointly by the
governor, the House speaker, and Senate president.
(3)The designation of the eight floors set forth in (1) and (2), not including the fourth
floor, shall be jointly determined by the governor, the House speaker, and Senate
president. 
(4)All areas of the state capitol, pentagon court buildings, and Old Arsenal Museum not
allocated in (1) and (2) shall be for the sole use of the legislature, its agencies and
officers, and the employees of the legislature and its agencies.  In addition, the
former nurses' dormitory at the Our Lady of the Lake Hospital, located on Capitol
Lake, shall be for the sole use of the legislature, its agencies and officers, and the
employees of the legislature and its agencies until such time as it shall be renovated
in accordance with the Capitol Complex Master Plan and it shall then revert to the
control of the division of administration.  Provides that at the time at which such
renovation shall begin shall be determined jointly by the Senate president, the House
speaker, and the commissioner of administration. The allocation of these areas shall HLS 13RS-414	REENGROSSED
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be made by the legislature by joint rule or through the Legislative Budgetary Control
Council.
(5)Provides that except as otherwise provided in present law, the superintendent of state
buildings shall have charge of the management, operation, and maintenance of the
state capitol building, pentagon court buildings, the Old Arsenal Museum, and the
capitol complex grounds and that in the performance of such duties, the
superintendent shall be under the authority and direction of the governor, the House
speaker, and the Senate president.
(6)Provides that subject to the joint approval and oversight of the governor, the Senate
president, and House speaker, the superintendent of state buildings shall (a) set aside
and maintain an area on the grounds of the state capitol east of the Old Arsenal
Museum for a memorial honoring law enforcement officers and firefighters who are
killed in the line of duty; (b) plan, implement, and maintain the memorial itself; and
(c)  establish and maintain a fund to consist of private donations, grants, and other
similar, but nonstate, monies which shall be used with respect to the establishment,
and maintenance of the memorial.
Proposed law includes additions or appurtenances to state capitol and deletes specific
reference to the subbasement, basement, and all floors of the capitol.  Changes references
from state capitol building to state capitol. Removes provision that designation of the floors
in the state capitol for use by specified statewide elected officials, excluding the fourth floor,
be made jointly by the governor and the presiding officers of the legislature and instead
specifically provides as follows:
(1)Changes provision allocating the fourth floor and three floors of the state capitol to
the governor by specifying instead that the fourth, fifth, and sixth floors of the state
capitol are allocated to the governor.
(2)Removes provisions allocating four floors to the attorney general and one floor to the
treasurer and secretary of state and instead allocates the third and twenty-first floor
to the treasurer and provides that the commissioner of agriculture shall have space
on one of the floors allocated to the treasurer. Specifies that the secretary of state
shall have space on the twentieth floor and may designate an office for use by the
commissioner of insurance and allocates space on the twenty-second and twenty-
third floors to the attorney general.
(3)Provides that the designation of the floors not otherwise specifically designated shall
be determined jointly by governor, the speaker of the House, and the president of the
Senate.
Proposed law further requires the office of state police to develop and implement a security
plan for the state capitol and the surrounding grounds, subject to the approval of the
Legislative Budgetary Control Council.
Proposed law changes reference from pentagon courts buildings to pentagon barracks
buildings.
Proposed law changes reference from Old Arsenal Museum to Old Arsenal Magazine
Museum. Further specifies that the superintendent of state buildings shall have charge of the
maintenance of the Old Arsenal Magazine Museum and provides, notwithstanding present
law and proposed law, that the Dept. of State shall have charge of its management and
operation. 
Proposed law deletes reference to the former nurses' dormitory at the Our Lady of the Lake
Hospital. HLS 13RS-414	REENGROSSED
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(Amends R.S. 49:150.1) HLS 13RS-414	REENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill.
1. Removes proposed provisions regarding the allocation of and use of space in the
capitol annex.
2. Removes provision that the lieutenant governor, the secretary of state, the
attorney general, and the commissioner of insurance shall have space on the
twentieth floor and instead provides that the secretary of state shall have space
on the twentieth floor and may designate an office for use by the commissioner
of insurance and provides that the attorney general shall have space on the
twenty-second and twenty-third floors of the state capitol.
3. Includes the governor in addition to the Speaker of the House and the President
of the Senate in the determination of the designation of floors of the state capitol
not specifically designated by 	proposed law.
4. Makes technical changes.