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Regular Session, 2014
SENATE BILL NO. 535
BY SENATORS ADLEY, BUFFINGTON AND WHITE
LEGISLATIVE AGENCIES. Establishes the Chief Legislative Security Officer and the
Legislative Security Council. (gov sig)
AN ACT1
To enact Chapter 11 of Title 24 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 24:671 through 675, and 681 through 685, and R.S. 40:1379.1(O), relative3
to legislative security; to provide for a director of legislative security; to provide for4
the qualifications, compensation, duties and functions of the director; to provide for5
legislative security officers; to provide for the manner in which certain special6
officer commissions may be issued; to create the Joint Legislative Security Council;7
to provide for the composition and membership of the council; to provide for the8
powers and duties of the council; to provide for compensation of the council9
members; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. Chapter 11 of Title 24 of the Louisiana Revised Statutes of 1950,12
comprised of R.S. 24:671 through 676, and 681 through 685 is hereby enacted to read as13
follows:14
CHAPTER 11. LEGISLATIVE SECURITY DIRECTOR;15
LEGISLATIVE SECURITY COUNCIL16
PART I. LEGISLATIVE SECURITY DIRECTOR17 SB NO. 535
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§671. Legislative security director; qualifications; compensation1
A. There shall be a director of legislative security who shall be the chief2
security officer for the legislature. The director of legislative security shall be3
elected by the favorable vote of a majority of the elected members of both4
houses of the legislature, after having been interviewed by the Joint Legislative5
Security Council and recommended for employment by the council by a6
majority vote, and shall serve at the pleasure of the legislature. He may be7
removed by a majority vote of the elected members of both houses of the8
legislature. Any vacancy occasioned by death, resignation, or otherwise, which9
occurs while the legislature is not in session, shall be filled on a temporary basis10
by the Joint Legislative Security Council, until such time as such vacancy shall11
be filled by the legislature as provided in this Paragraph.12
B. The director shall be a graduate of a recognized, accredited college13
or university and have ten years of full-time law enforcement experience or14
have fifteen years of full-time law enforcement experience in lieu of a college15
degree. He shall be POST-certified and possess qualifications necessary to be16
commissioned as a special officer as provided in R.S. 40:1379.1(O). He shall not17
be a member of the legislature.18
C. The salary of the director of legislative security shall be fixed by the19
Joint Legislative Security Council, and together with all other expenses and20
salaries of his office necessary to carry out the duties required pursuant to R.S.21
24:672, shall be submitted to the Legislative Budgetary Control Council.22
§672. Duties and functions 23
A. Subject to the general direction and supervision of the Joint24
Legislative Security Council, the director of legislative security shall have the25
following duties and functions:26
(1) Oversee law enforcement and physical security for such parts of the27
state capitol building and state capitol complex, as defined in R.S. 49:149, that28
are used by the legislature, its members and staff.29 SB NO. 535
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(2) Oversee law enforcement and physical security for the legislature, its1
members and staff at any official meeting or function of the legislature, and its2
committees approved by the president of the Senate or the speaker of the House3
of Representatives regardless of location.4
(3) Develop an annual budget for the operations of the office, subject to5
approval by the Joint Legislative Security Council which shall be submitted to6
the Legislative Budgetary Control Council.7
(4) Employ such security officers and other personnel as are necessary8
to ensure the physical security of the parts of the state capitol building and state9
capitol complex that are used by the legislature, its members and staff.10
(5) Ensure that security officers are POST-certified and possess11
qualifications necessary to be commissioned as special officers pursuant to R.S.12
40:1379.1(O).13
(6) Develop, coordinate, and implement security training for security14
officers.15
(7) Coordinate and supervise the scheduling and activities of the security16
officers.17
(8) Promptly respond and immediately take appropriate action with18
regard to any situation which threatens life, limb, or property, or which may19
likely result in the disruption of general order.20
(9) Conduct investigations and affect lawful searches, seizures, and21
arrests when necessary.22
(10) Conduct research, correlate, analyze and interpret data, monitor23
compliance with administrative rules and regulations, make findings of fact,24
prepare reports, and recommend legislation, policies, and directives which25
relate to security.26
(11) Act as the legislature's principal point of contact for all law27
enforcement recommendations to the legislature and committees with respect28
to security issues.29 SB NO. 535
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(12) Develop and implement, subject to adoption by the Joint Legislative1
Security Council, a comprehensive security plan for the parts of the state capitol2
building and state capitol complex that are used by the legislature, its members,3
and staff.4
(13) Carry out all directives issued by either house of the legislature or5
committees thereof relative to security issues.6
§673. Employees; salaries7
The director of legislative security shall appoint and remove all security8
officers and other necessary employees and shall fix all salaries upon the9
approval of the Joint Legislative Security Council.10
§674. Domicile11
A. The offices of the director of legislative security shall be domiciled in12
the state capitol building in Baton Rouge, and adequate space for housing the13
security staff and equipment and the performance of services and functions for14
the benefit of the legislature shall at all times be provided.15
§675. Responsibility to legislature; lead investigative officer; supplemental16
operating funds17
A. The director of legislative security shall, in every aspect of his18
functions, duties, and operations, be responsible solely to the legislature and to19
no other branch of state government or any board, commission, department or20
agency or official of any other branch of state government.21
B. Notwithstanding any other law to the contrary, the director shall be22
the lead investigative officer for any security breach or occurrence in the state23
capitol building and the parts of the state capitol complex used by the24
legislature, its members and staff.25
C. The designation of the director of legislative security as the chief26
legislative security officer for the legislature shall not otherwise affect the duties27
of the sergeant at arms of the Senate or the House of Representatives as28
provided in the Rules of Order of the Senate or the Rules of Order of the House29 SB NO. 535
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of Representatives.1
D. The presiding officers of each of the houses of the legislature shall2
have authority to expend, or to pay over to the legislative security office for3
expenditure, out of any funds available to either or both of them such amounts4
as are necessary to provide supplementary funds for the purpose of fully5
carrying out any one or more of the functions of the legislative security director6
for the benefit of the legislature, its members, and staff.7
PART II. LEGISLATIVE SECURITY COUNCIL8
§681. Legislative Security Council; membership; officers; vacancies9
A. The Legislative Security Council, hereinafter referred to as the10
"council", is hereby created.11
B. The council shall be composed of ten members, five members to be12
appointed by the president of the Senate from the membership of the Senate13
and five members to be appointed by the speaker of the House of14
Representatives from the membership of the House of Representatives.15
Appointments to the council shall be made within ninety days after the16
convening of the regular session of the legislature in each year in which the17
members of the legislature take office. The council shall select a chairman and18
vice chairman and such other officers as it deems necessary. The chairmanship19
and vice chairmanship shall rotate between the Senate and House of20
Representatives every two years. Any vacancy in the membership of the council21
shall be filled in the manner of the original appointment.22
§682. Powers and duties23
A. The council shall have such powers and duties as are conferred upon24
it by this Chapter and such other duties as are provided by law or otherwise25
assigned by the legislature and shall meet from time to time as it deems26
necessary.27
B. The council shall be responsible for adopting a comprehensive28
security plan for the parts of the state capitol building and state capitol complex29 SB NO. 535
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that are used by the legislature, its members and staff as it deems necessary or1
appropriate.2
C. The council shall be responsible for reviewing and approving, with3
whatever changes it deems necessary or appropriate, each annual budget for the4
operations of the office of the director of legislative security prior to submission5
of the budget to the Legislative Budgetary Control Council, and shall fix the6
salary of the director.7
D. The council shall have the full power and authority of the legislature8
inherent in that body and conferred by law to hold hearings, subpoena9
witnesses, administer oaths, compel the production of books, documents,10
records and papers, take testimony at public or private hearings, and upon11
failure of any person to comply with an order of the council, to punish for12
contempt.13
§683. Contempt of council; authority to conduct proceedings14
Failure to comply with any order of the council issued in accordance15
with or under the authority of this Chapter, refusal to testify, or any act of16
disrespect or of disorderly or contemptuous behavior before the council shall17
constitute contempt of the council; and the council shall have the power and18
authority to initiate and conduct proceedings for contempt, and to prescribe19
punishment in the event there is a finding of contempt. In addition, false20
swearing or perjury before the council shall be punished in accordance with the21
laws of the state.22
§684. Punishment for contempt23
In addition to the power and authority of the council to punish for24
contempt as provided in Article III, Section 7(B) of the Louisiana Constitution,25
the council shall also have the power and authority to invoke the provisions of26
R.S. 24:4 through R.S. 24:6, inclusive, in order to subject persons guilty of27
contempt of the council to the penalties provided in R.S. 24:4.28
§685. Compensation29 SB NO. 535
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The members of the council shall receive the same per diem and travel1
allowance in the performance of their duties as is provided for members of the2
legislature.3
Section 2. R.S. 40:1379.1(O) is hereby enacted to read as follows:4
§1379.1. Special officers; powers and duties; concealed handgun permit5
* * *6
(O). Notwithstanding the provisions of Subsections A, B, C, and D of this7
Section, the deputy secretary of public safety services shall issue a special8
officer's commission to any legislative security officer when directed to do so by9
the chairman of the Joint Legislative Security Council. The deputy secretary10
shall not determine eligibility for a special officer's commission under this11
Subsection, which determination shall be made solely by the chairman of the12
Joint Legislative Security Council.13
Section 2. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Yolanda Dixon.
DIGEST
Adley (SB 535)
Proposed law creates the director of legislative security as the chief security officer for the
legislature. Provides for the election of the director upon a favorable majority of the elected
members of both houses of the legislature after having been interviewed by the Joint
Legislative Security Council and recommended for employment by the council by a majority
vote. Provides that the director shall serve at the pleasure of the legislature and may be
removed by a majority vote of the elected members of both houses of the legislature.
Provides that any vacancy occasioned by death, resignation, or otherwise which occurs while
the legislature is not in session, be filled on a temporary basis by the Joint Legislative
Security Council, until such time as such vacancy shall be filled by the legislature.
Proposed law provides that the director be a graduate of a recognized, accredited college or
university plus 10 years of full-time law enforcement experience, or 15 years of full-time
law enforcement experience in lieu of a college degree. Further requires that the director be
POST-certified and possess qualifications necessary to be commissioned as a special officer. SB NO. 535
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Proposed law provides that the salary of the director of legislative security be fixed by the
Joint Legislative Security Council. Requires that all other expenses and salaries of the office
which are necessary to carry out his duties be submitted to the Legislative Budgetary Control
Council.
Proposed law provides for the duties of the director. Specifies that the director shall:
(1)Oversee law enforcement and physical security for such parts of the state capitol
building and state capitol complex, that are used by the legislature.
(2)Oversee law enforcement and physical security at any official meeting or function
of the legislature, or its committees, regardless of location.
(3)Develop an annual budget for the operations of the office, subject to approval by the
Joint Legislative Security Council.
(4)Employ security officers and other personnel necessary to ensure the physical
security of the parts of the state capitol building and state capitol complex that are
used by the legislature.
(5)Ensure that security officers are POST-certified and possess qualifications necessary
to be commissioned as special officers.
(6)Develop, coordinate and implement security training for security officers.
(7)Coordinate and supervise the scheduling and activities of the security officers.
(8)Respond and act with regard to any security event.
(9)Conduct investigations and affect lawful searches, seizures, and arrests.
(10)Conduct research, analyze and interpret data, monitor compliance with
administrative rules and regulations, make findings of fact, prepare reports, and
recommend legislation, policies and directives which relate to security.
(11)Act as the legislature's principal point of contact for all law enforcement
recommendations to the legislature.
(12)Develop a comprehensive security plan for the state capitol.
Proposed law provides that the director shall have offices in the state capitol building
sufficient for the performance of his duties.
Proposed law provides that the director shall be solely responsible to the legislature in his
functions and duties and shall be the lead investigative officer in any security breach or
occurrence in the state capitol building. Specifies that the designation of the director as chief
legislative security officer shall not otherwise affect the duties of the sergeant at arms of the
Senate or the House of Representatives.
Proposed law authorizes the presiding officers of each house to expend any funds available
to either or both of them to supplement the functions of the legislative security director.
Proposed law creates the Legislative Security Council. Provides that the council be
composed of five members from the Senate appointed by the president and five members
from the House of Representatives appointed by the speaker. Authorizes the council to
select a chairman and vice chairman. Provides that the chairmanship and the vice
chairmanship rotate between the Senate and the House of Representatives every two years. SB NO. 535
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Proposed law provides for the duties of the council and specifies that the council be
responsible for adopting a comprehensive security plan for the parts of the state capitol
building and state capitol complex used by the legislature. Requires the council to review
and approve the annual budget for the operations of the director prior to submission of the
budget to the Legislative Budgetary Control Council, and to fix the salary of the director.
Proposed law invests the council with the power of the authority of the legislature to hold
hearings, subpoena witnesses, administer oaths, take public testimony, compel the
production of documents, and to punish for contempt.
Proposed law authorizes the deputy secretary of public safety services to issue a special
officer's commission to any legislative security officer when directed by the chairman of the
Joint Legislative Security Council. Provides that chairman of the Joint Legislative Security
Council shall determine the eligibility for a special officer's commission rather than the
deputy secretary.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 24:671-675, 681-685, and R.S. 40:1379.1(O))