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2024 Regular Session
SENATE BILL NO. 271
BY SENATOR FOIL
MILITARY AFFAIRS. Provides for relative concurrent jurisdiction of federal military
installations within the state. (8/1/24)
1 AN ACT
2 To enact R.S. 52:6, relative to jurisdiction over lands under the administration of the United
3 States Department of Defense in this state; to provide for concurrent jurisdiction; to
4 provide for terms, conditions, requirements, and procedures; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 52:6 is hereby enacted to read as follows:
8 ยง6. Jurisdiction over lands under the administration of the United States
9 Department of Defense.
10 A. The legislature declares that the purpose of this Act is to ensure that
11 law enforcement services are available on United States military installation
12 property located in this state especially for juvenile matters including but not
13 limited to delinquency, children in need of care, families in need of services, and
14 any other matters affecting the safety and welfare of juveniles within the state.
15 The legislature further finds, determines, and declares that this Act is necessary
16 for the immediate preservation of the public peace, health, or safety or for
17 appropriations for the support and maintenance of the departments of the state
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1 and state institutions.
2 B.(1) The state of Louisiana hereby accepts the relinquishment of
3 exclusive jurisdiction from the United States pursuant to this Section. The state
4 of Louisiana shall have concurrent jurisdiction with the United States over the
5 United States military installation property indicated pursuant to this Section
6 for as long as the United States controls the property.
7 (2) The concurrent jurisdiction over the United States military
8 installation property pursuant to this Section is effective upon the governor's
9 written acceptance of a request pursuant to R.S. 52:3 filed by the principal
10 officer, or an authorized representative of the United States who has supervision
11 or control over the property pursuant to 10 U.S.C. 2683, of the property where
12 concurrent jurisdiction is sought, relinquishing exclusive jurisdiction and
13 retaining concurrent jurisdiction over the property.
14 (3) The governor shall not accept a request filed pursuant to this Section
15 unless the request contains all of the following requirements:
16 (a) States the name, position, and legal authority of the person requesting
17 the cession.
18 (b) Unambiguously states the matter for which concurrent legislative
19 jurisdiction is requested.
20 (c) Describes by metes and bounds the United States military installation
21 property subject to the concurrent legislative jurisdiction request.
22 (d) Indicates whether the request includes future contiguous expansions
23 of land acquired for military purposes.
24 (4) If the governor accepts a request pursuant to this Section, the
25 governor's written acceptance shall state the elements of the request that are
26 accepted.
27 (5) If the governor accepts a request pursuant to this Section, the
28 governor shall submit the following documents to the appropriate recording
29 offices in the state for indexing and submit copies of all of the following
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1 documents to the person who requested concurrent legislative jurisdiction:
2 (a) The United States' request for concurrent legislative jurisdiction.
3 (b) The governor's written acceptance of concurrent legislative
4 jurisdiction.
5 (c) A description by metes and bounds of the United States military
6 installation property subject to the concurrent legislative jurisdiction.
7 C. Upon request by the United States through an authorized
8 representative, the governor may execute appropriate documents to accomplish
9 the cession granted by this Section.
10 D. The state shall not incur or assume any liability as a result of
11 accepting concurrent jurisdiction pursuant to this Section.
12 E. Upon the establishment of the concurrent legislative jurisdiction
13 pursuant to this Section, a state agency, local government, or district may, at the
14 sole discretion of the state agency, local government, or district, enter into a
15 reciprocal agreement with a United States agency to designate duties related to
16 the concurrent legislative jurisdiction between the parties. Nothing in this
17 Section shall be construed to create any affirmative obligation on the part of a
18 state agency, local government, or district or to require a state agency, local
19 government, or district to enter into any reciprocal agreement related to the
20 investigation or prosecution of any case, incident, or allegation.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
SB 271 Engrossed 2024 Regular Session Foil
Proposed law provides that concurrent jurisdiction applies especially for juvenile matters
including but not limited to delinquency, children in need of care, families in need of
services, and any other matters affecting the safety and welfare of juveniles within the state.
Proposed law provides that the state accepts the relinquishment of exclusive jurisdiction
from the United States and that the state has concurrent jurisdiction with the United States
over the United States military installation property in the state for as long as the United
States controls the property.
Proposed law provides that this concurrent jurisdiction be effective upon the governor's
written acceptance of a request filed pursuant to proposed law by the principal officer, or an
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authorized representative of the United States who has supervision or control over the
property pursuant to federal law, of the property where concurrent jurisdiction is sought,
relinquishing exclusive jurisdiction and retaining concurrent jurisdiction over the property.
Proposed law authorizes the governor to execute appropriate documents to accomplish the
cession granted by proposed law.
Proposed law provides that the state not incur or assume any liability as a result of accepting
concurrent jurisdiction pursuant to proposed law.
Proposed law authorizes state agencies, local governments, or districts, at the sole discretion
of the state agency, local government, or district, to enter into reciprocal agreements with
a United States agency to designate duties related to the concurrent jurisdiction between the
parties.
Proposed law provides that concurrent jurisdiction applies in those instances wherein in
granting to the United States authority which would otherwise amount to exclusive
jurisdiction over an area, the state has reserved to itself the right to exercise, concurrently
with the United States, all of the same authority.
Proposed law requires that nothing in proposed law be construed to create any affirmative
obligation on the part of a state agency, local government, or district or to require a state
agency, local government, or district to enter into any reciprocal agreement related to the
investigation or prosecution of any case, incident, or allegation.
Effective August 1, 2024.
(Adds R.S. 52:6)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Changes term "concurrent legislative jurisdiction" to "concurrent
jurisdiction".
2. Adds provision describing that concurrent jurisdiction apply especially to
juvenile matters.
3. Adds provision that concurrent jurisdiction agreements be at the sole
discretion of state agency, local government, or district.
4. Adds provision that proposed law shall not be construed to create any
affirmative obligation on the part of a state agency, local government, or
district or to require a state agency, local government, or district to enter into
any reciprocal agreement related to the investigation or prosecution of any
case, incident, or allegation.
5. Removes applicability of term "concurrent legislative jurisdiction".
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.