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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
Joint 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 684, 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 684 is hereby enacted to read as13
follows:14
CHAPTER 11. LEGISLATIVE SECURITY DIRECTOR;15
JOINT 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 Subsection.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
fifteen years of full-time law enforcement experience in lieu of a college degree.15
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 for22
approval.23
§672. Duties and functions 24
A. Subject to the general direction and supervision of the Joint25
Legislative Security Council, the director of legislative security shall have the26
following duties and functions:27
(1) Oversee law enforcement and physical security for such parts of the28
state capitol building and state capitol complex, as defined in R.S. 49:149.1, that29 SB NO. 535
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are used by the legislature, its members and staff.1
(2) Oversee law enforcement and physical security for the legislature, its2
members and staff at any official meeting or function of the legislature, and its3
committees approved by the president of the Senate or the speaker of the House4
of Representatives regardless of location.5
(3) Develop an annual budget for the operations of the office, subject to6
approval by the Joint Legislative Security Council which shall be submitted to7
the Legislative Budgetary Control Council for approval.8
(4) Employ such security officers and other personnel as are necessary9
to ensure the physical security of the parts of the state capitol building and state10
capitol complex that are used by the legislature, its members, and staff.11
(5) Ensure that security officers are POST-certified and possess12
qualifications necessary to be commissioned as special officers pursuant to R.S.13
40:1379.1(O).14
(6) Develop, coordinate, and implement security training for security15
officers.16
(7) Coordinate and supervise the scheduling and activities of the security17
officers.18
(8) Promptly respond and immediately take appropriate action with19
regard to any situation which threatens life, limb, or property, or which may20
likely result in the disruption of general order within his area of jurisdiction.21
(9) Conduct investigations and affect lawful searches, seizures, and22
arrests when necessary.23
(10) Conduct research, correlate, analyze and interpret data, monitor24
compliance with administrative rules and regulations, make findings of fact,25
prepare reports, and recommend legislation, policies, and directives which26
relate to security.27
(11) Act as the legislature's principal point of contact for all law28
enforcement recommendations to the legislature and committees with respect29 SB NO. 535
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to security issues.1
(12) Develop and implement, subject to adoption by the Joint Legislative2
Security Council, a comprehensive security plan for the parts of the state capitol3
building and state capitol complex that are used by the legislature, its members,4
and staff.5
(13) Carry out all directives issued by either house of the legislature or6
committees thereof relative to security issues.7
§673. Employees; salaries8
The director of legislative security shall appoint and remove all security9
officers and other necessary employees and shall fix all salaries upon the10
approval of the Joint Legislative Security Council.11
§674. Domicile12
The offices of the director of legislative security shall be domiciled in the13
state capitol building in Baton Rouge, and adequate space for housing the14
security staff and equipment and the performance of services and functions for15
the benefit of the legislature shall at all times be provided.16
§675. Responsibility to legislature; lead investigative officer; supplemental17
operating funds18
A. The director of legislative security shall, in every aspect of his19
functions, duties, and operations, be responsible solely to the legislature and to20
no other branch of state government or any board, commission, department or21
agency or official of any other branch of state government.22
B. Notwithstanding any other law to the contrary, the director shall be23
the lead investigative officer for any security breach or occurrence in the state24
capitol building and the parts of the state capitol complex used by the25
legislature, its members, and staff.26
C. The designation of the director of legislative security as the chief27
legislative security officer for the legislature shall not otherwise affect the duties28
of the sergeant at arms of the Senate or the House of Representatives as29 SB NO. 535
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provided in the Rules of Order of the Senate or the Rules of Order of the House1
of Representatives.2
D. The presiding officers of each of the houses of the legislature shall3
have authority to expend, or to pay over to the legislative security office for4
expenditure, out of any funds available to either or both of them such amounts5
as are necessary to provide supplementary funds for the purpose of fully6
carrying out any one or more of the functions of the legislative security director7
for the benefit of the legislature, its members, and staff.8
PART II. JOINT LEGISLATIVE SECURITY COUNCIL9
§681. Joint Legislative Security Council; membership; officers; vacancies10
A. The Joint Legislative Security Council, hereinafter referred to as the11
"council", is hereby created.12
B. The council shall be composed of ten members, five members to be13
appointed by the president of the Senate from the membership of the Senate14
and five members to be appointed by the speaker of the House of15
Representatives from the membership of the House of Representatives.16
Appointments to the council shall be made within ninety days after the17
convening of the regular session of the legislature in each year in which the18
members of the legislature take office. The council shall select a chairman and19
vice chairman and such other officers as it deems necessary. The chairmanship20
and vice chairmanship shall rotate between the Senate and House of21
Representatives every two years. Any vacancy in the membership of the council22
shall be filled in the manner of the original appointment.23
§682. Powers and duties24
A. The council shall have such powers and duties as are conferred upon25
it by this Chapter and such other duties as are provided by law or otherwise26
assigned by the legislature and shall meet from time to time as it deems27
necessary.28
B. The council shall be responsible for adopting a comprehensive29 SB NO. 535
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security plan for the parts of the state capitol building and state capitol complex1
that are used by the legislature, its members, and staff as it deems necessary or2
appropriate.3
C. The council shall be responsible for reviewing and approving, with4
whatever changes it deems necessary or appropriate, each annual budget for the5
operations of the office of the director of legislative security prior to submission6
of the budget to the Legislative Budgetary Control Council, and shall fix the7
salary of the director.8
D. In carrying out the powers and duties conferred upon it by this9
Chapter, and limited to the description of the powers, duties, and jurisdiction10
of the council as provided in this Chapter, the council shall have the power and11
authority of the legislature inherent in that body and conferred by law to hold12
hearings, administer oaths, take testimony at public or private hearings, and13
pursue punishment for contempt of the council as otherwise provided by law.14
§683. Contempt of council; authority to conduct proceedings15
Failure to comply with any order of the council issued in accordance16
with or under the authority of this Chapter, refusal to testify, or any act of17
disrespect or of disorderly or contemptuous behavior before the council shall18
constitute contempt of the council; and the council shall have the power and19
authority to initiate and pursue proceedings for contempt as provided by law.20
In addition, false swearing or perjury before the council shall be punished in21
accordance with the laws of the state.22
§684. Compensation23
The members of the council shall receive the same per diem and travel24
allowance in the performance of their duties as is provided for members of the25
legislature.26
Section 2. R.S. 40:1379.1(O) is hereby enacted to read as follows:27
§1379.1. Special officers; powers and duties; concealed handgun permit28
* * *29 SB NO. 535
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O. Notwithstanding the provisions of Subsections A, B, C, and D of this1
Section, the deputy secretary of public safety services shall issue a special2
officer's commission to any legislative security officer when directed to do so by3
the chairman of the Joint Legislative Security Council. The deputy secretary4
shall not determine eligibility for a special officer's commission under this5
Subsection, which determination shall be made solely by the chairman of the6
Joint Legislative Security Council.7
Section 2. This Act shall become effective upon signature by the governor or, if not8
signed by the governor, upon expiration of the time for bills to become law without signature9
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If10
vetoed by the governor and subsequently approved by the legislature, this Act shall become11
effective on the day following such approval.12
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 Ann S. Brown.
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 shall be a graduate of a recognized, accredited
college or university and have 10 years of full-time law enforcement experience or 15 years
of full-time law enforcement experience in lieu of a college degree. Further specifies that he
shall be POST-certified and possess qualifications necessary to be commissioned as a special
officer. He 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
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. SB NO. 535
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(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.
(13)Carry out all directives issued by either legislative house or the committees relative
to security issues.
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 Joint 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
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. SB NO. 535
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Proposed law invests the council with the power to hold hearings, administer oaths, take
public testimony and to pursue punishment for contempt as provided by law.
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, 681-684, 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.
Senate Floor Amendments to engrossed bill
1. Replaces the provision regarding the qualification of the director to require
that the director be a graduate of a recognized, accredited college or
university having 10 years full-time law enforcement experience or 15 years
of full-time law enforcement experience in lieu of a college degree.
2. Requires 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, and that he not be a legislator.
3. Removes the provision that the Joint Legislative Security Council shall
determine the qualifications of the director of legislative security.
4. Removes the following powers from the council: subpoena of witnesses and
compelling the production of books, documents, records and papers.
5. Removes provisions with respect to the power and authority to punish for
contempt under the La. Constitution and the provisions of Title 24 of the La.
Revised Statutes of 1950.
6. Makes technical corrections.