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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 675, 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 the time as such vacancy shall11
be filled by the legislature as provided in this Paragraph.12
B. The director shall have such qualifications as determined by the Joint13
Legislative Security Council. He shall not be a member of the legislature.14
C. The salary of the director of legislative security shall be fixed by the15
Joint Legislative Security Council, and together with all other expenses and16
salaries of his office necessary to carry out the duties required pursuant to R.S.17
24:672, shall be submitted to the Legislative Budgetary Control Council for18
approval.19
§672. Duties and functions 20
A. Subject to the general direction and supervision of the Joint21
Legislative Security Council, the director of legislative security shall have the22
following duties and functions:23
(1) Oversee law enforcement and physical security for such parts of the24
state capitol building and state capitol complex, as defined in R.S. 49:149, that25
are used by the legislature, its members and staff.26
(2) Oversee law enforcement and physical security for the legislature, its27
members and staff at any official meeting or function of the legislature, and its28
committees approved by the president of the Senate or the speaker of the House29 SB NO. 535
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of Representatives regardless of location.1
(3) Develop an annual budget for the operations of the office, subject to2
approval by the Joint Legislative Security Council which shall be submitted to3
the Legislative Budgetary Control Council for approval.4
(4) Employ such security officers and other personnel as are necessary5
to ensure the physical security of the parts of the state capitol building and state6
capitol complex that are used by the legislature, its members and staff.7
(5) Ensure that security officers are POST-certified and possess8
qualifications necessary to be commissioned as special officers pursuant to R.S.9
40:1379.1(O).10
(6) Develop, coordinate, and implement security training for security11
officers.12
(7) Coordinate and supervise the scheduling and activities of the security13
officers.14
(8) Promptly respond and immediately take appropriate action with15
regard to any situation which threatens life, limb, or property, or which may16
likely result in the disruption of general order within his area of jurisdiction.17
(9) Conduct investigations and affect lawful searches, seizures, and18
arrests when necessary.19
(10) Conduct research, correlate, analyze and interpret data, monitor20
compliance with administrative rules and regulations, make findings of fact,21
prepare reports, and recommend legislation, policies, and directives which22
relate to security.23
(11) Act as the legislature's principal point of contact for all law24
enforcement recommendations to the legislature and committees with respect25
to security issues.26
(12) Develop and implement, subject to adoption by the Joint Legislative27
Security Council, a comprehensive security plan for the parts of the state capitol28
building and state capitol complex that are used by the legislature, its members,29 SB NO. 535
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and staff.1
(13) Carry out all directives issued by either house of the legislature or2
committees thereof relative to security issues.3
§673. Employees; salaries4
The director of legislative security shall appoint and remove all security5
officers and other necessary employees and shall fix all salaries upon the6
approval of the Joint Legislative Security Council.7
§674. Domicile8
A. The offices of the director of legislative security shall be domiciled in9
the state capitol building in Baton Rouge, and adequate space for housing the10
security staff and equipment and the performance of services and functions for11
the benefit of the legislature shall at all times be provided.12
§675. Responsibility to legislature; lead investigative officer; supplemental13
operating funds14
A. The director of legislative security shall, in every aspect of his15
functions, duties, and operations, be responsible solely to the legislature and to16
no other branch of state government or any board, commission, department or17
agency or official of any other branch of state government.18
B. Notwithstanding any other law to the contrary, the director shall be19
the lead investigative officer for any security breach or occurrence in the state20
capitol building and the parts of the state capitol complex used by the21
legislature, its members and staff.22
C. The designation of the director of legislative security as the chief23
legislative security officer for the legislature shall not otherwise affect the duties24
of the sergeant at arms of the Senate or the House of Representatives as25
provided in the Rules of Order of the Senate or the Rules of Order of the House26
of Representatives.27
D. The presiding officers of each of the houses of the legislature shall28
have authority to expend, or to pay over to the legislative security office for29 SB NO. 535
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expenditure, out of any funds available to either or both of them such amounts1
as are necessary to provide supplementary funds for the purpose of fully2
carrying out any one or more of the functions of the legislative security director3
for the benefit of the legislature, its members, and staff.4
PART II. LEGISLATIVE SECURITY COUNCIL5
§681. Legislative Security Council; membership; officers; vacancies6
A. The Legislative Security Council, hereinafter referred to as the7
"council", is hereby created.8
B. The council shall be composed of ten members, five members to be9
appointed by the president of the Senate from the membership of the Senate10
and five members to be appointed by the speaker of the House of11
Representatives from the membership of the House of Representatives.12
Appointments to the council shall be made within ninety days after the13
convening of the regular session of the legislature in each year in which the14
members of the legislature take office. The council shall select a chairman and15
vice chairman and such other officers as it deems necessary. The chairmanship16
and vice chairmanship shall rotate between the Senate and House of17
Representatives every two years. Any vacancy in the membership of the council18
shall be filled in the manner of the original appointment.19
§682. Powers and duties20
A. The council shall have such powers and duties as are conferred upon21
it by this Chapter and such other duties as are provided by law or otherwise22
assigned by the legislature and shall meet from time to time as it deems23
necessary.24
B. The council shall be responsible for adopting a comprehensive25
security plan for the parts of the state capitol building and state capitol complex26
that are used by the legislature, its members and staff as it deems necessary or27
appropriate.28
C. The council shall be responsible for reviewing and approving, with29 SB NO. 535
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whatever changes it deems necessary or appropriate, each annual budget for the1
operations of the office of the director of legislative security prior to submission2
of the budget to the Legislative Budgetary Control Council, and shall fix the3
salary of the director.4
D. The council shall have the full power and authority of the legislature5
inherent in that body and conferred by law to hold hearings, subpoena6
witnesses, administer oaths, compel the production of books, documents,7
records and papers, take testimony at public or private hearings, and upon8
failure of any person to comply with an order of the council, to punish for9
contempt.10
E. The council shall determine the qualifications of the director of11
legislative security.12
§683. Contempt of council; authority to conduct proceedings13
Failure to comply with any order of the council issued in accordance14
with or under the authority of this Chapter, refusal to testify, or any act of15
disrespect or of disorderly or contemptuous behavior before the council shall16
constitute contempt of the council; and the council shall have the power and17
authority to initiate and conduct proceedings for contempt, and to prescribe18
punishment in the event there is a finding of contempt. In addition, false19
swearing or perjury before the council shall be punished in accordance with the20
laws of the state.21
§684. Punishment for contempt22
In addition to the power and authority of the council to punish for23
contempt as provided in Article III, Section 7(B) of the Louisiana Constitution,24
the council shall also have the power and authority to invoke the provisions of25
R.S. 24:4 through R.S. 24:6, in order to subject persons guilty of contempt of the26
council to the penalties provided in R.S. 24:4.27
§685. Compensation28
The members of the council shall receive the same per diem and travel29 SB NO. 535
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allowance in the performance of their duties as is provided for members of the1
legislature.2
Section 2. R.S. 40:1379.1(O) is hereby enacted to read as follows:3
§1379.1. Special officers; powers and duties; concealed handgun permit4
* * *5
O. Notwithstanding the provisions of Subsections A, B, C, and D of this6
Section, the deputy secretary of public safety services shall issue a special7
officer's commission to any legislative security officer when directed to do so by8
the chairman of the Joint Legislative Security Council. The deputy secretary9
shall not determine eligibility for a special officer's commission under this10
Subsection, which determination shall be made solely by the chairman of the11
Joint Legislative Security Council.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
The original instrument was prepared by Yolanda Johnson Dixon. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Ashley Menou.
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 have such qualifications as determined by the Joint
Legislative Security Council and shall not be a member of the legislature.
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 SB NO. 535
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Council for approval.
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 within his area of jurisdiction.
(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.
Provides that the council determine the qualifications of the director of legislative security.
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 SB NO. 535
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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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Removes provision that the director be a graduate of a recognized accredited
college or university and have 10 years full-time law enforcement experience
or 15 years of full-time law enforcement experience in lieu of a college
degree.
2. Removes requirement that the director be POST-certified and possess
qualifications necessary to be commissioned as a special officer by the
deputy secretary of public safety services.
3. Provides that the Joint Legislative Security Council shall determine the
qualifications of the director of legislative security.