Louisiana 2022 2022 Regular Session

Louisiana Senate Bill SB490 Comm Sub / Analysis

                    The legislative instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Matthew R. DeVille.
CONFERENCE COMMITTEE REP ORT DIGEST
SB 490	2022 Regular Session	Cortez
Keyword and summary of the bill as proposed by the Conference Committee
PUBLIC BUILDINGS/GROUNDS.  Provides for security services in the state capitol building. (gov
sig)
Report adopts House amendments to:
1. Make technical changes.
2. Provide for the duties and functions of the director of capitol security.
3. Specify the scope of the jurisdiction of the areas to be monitored by capitol security to include the
areas of the state capitol complex that are occupied and utilized by the members, officers, and staff
of the legislative branch of state government, including areas of ingress and egress for those areas
as necessary.
4. Require appointments to the council to be made no later than twenty days after the adjournment
of the organizational session of the legislature.
5. Provide that any vacancy in the appointed membership of the council shall be filled in the manner
of original appointment for the remainder of the term.
6. Provide that the positions of chairman and vice chairman of the council shall rotate in even-
numbered years between the members of the House of Representatives and Senate.
Report rejects House amendments which would have:
1. Subjected the director of capitol security and any capitol security officer to the direction of the
sergeants at arms of the Senate and House of Representatives with regard to their duties as
established in the respective rules of each chamber, except in the case of an emergency.
2. Allowed the legislature by joint rule to provide for the structure, authority, powers, functions, and
duties of the Capitol Security Council, director of capitol security, capitol security officers, capitol
security personnel, and officers of the legislature relative to capitol security. 3. Added the sergeants at arms of the Senate and House of Representatives to the membership of the
Capitol Security Council as ex officio nonvoting members.
Digest of the bill as proposed by the Conference Committee
Proposed law creates the director of capitol security as the chief security officer for the legislature.
Provides for the election of the director upon a vote of a favorable majority of the elected members
of each house of the legislature after having been interviewed by the Capitol 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 each house of the legislature. Provides that any vacancy which occurs while the
legislature is not in session shall be filled temporarily by the president of the Senate and the speaker
of the House of Representatives, until such time as the vacancy is filled by the legislature.
Proposed law requires the director to have 10 years of full-time law enforcement experience,  to be
POST-certified, and to 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 shall be recommended by the Capitol Security
Council. Requires all other necessary expenses and salaries of the office of the capitol security
director to be submitted to the president of the Senate and speaker of the House of Representatives
for approval.
Proposed law provides for the duties of the director. Specifies that the director shall:
(1)Oversee law enforcement and physical security for the areas within the state capitol complex,
as defined in proposed law, that are occupied and utilized by the members, officers, and staff
of the legislative branch of government, including areas of ingress and egress.
(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 council.
(4)Recommend employment for 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 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 offices of the director shall be domiciled in the state capitol complex.
Proposed law provides that the director shall be responsible solely 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 capitol security officer shall
not otherwise affect the duties of the sergeant at arms of the Senate or the House of Representatives.
Proposed law creates the Capitol Security Council composed of the president of the Senate, four
members from the Senate appointed by the president, the speaker of the House of Representatives,
and four members from the House of Representatives appointed by the speaker. Authorizes the
presiding officers of each house of the legislature to select a chairman and vice chairman. Provides
that the chairmanship and the vice chairmanship rotate between the Senate and the House of
Representatives in even-numbered years. Provides that in January of each even-numbered year the
speaker of the House of Representatives shall designated a member of the House of Representatives
on the council to serve as chairman or vice chairman of the council, as applicable, and that the
president of the Senate shall designate the member of the senate on the council who shall serve as
chairman or vice chairman, as applicable.
Proposed law provides for the duties of the council and specifies that the council is responsible for
adopting a comprehensive security plan for the areas within the state capitol complex that are
occupied and utilized by the members, officers, and staff of the legislative branch of state
government, including areas of ingress and egress. Requires the council to review and approve the
annual budget for the operations of the director prior to submission of the budget to the president and
speaker and to fix the salary of the director.
Proposed law invests the council with the power to hold hearings, administer oaths, take public
testimony, and pursue punishment for contempt as provided by law.
Present law provides that the deputy secretary of public safety services shall issue a special officer's commission to the sergeant at arms or assistant sergeants at arms of the Senate or the House of
Representatives when directed to do so by the president of the Senate or speaker of the House of
Representatives.
Proposed law retains present law and further provides that capitol security officers shall also be
issued a special officer's commission upon direction of the president of the Senate or speaker of the
House of Representatives.
Proposed law adds the director of capitol security and security officers employed by the legislature
upon his recommendation to the definition of peace officer.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1379.1(N) and 1379.5(A); adds R.S. 24:681-685 and 691-693 and R.S.
40:2402(3)(f); repeals R.S. 49:149 through 149.5)