HLS 25RS-818 ORIGINAL 2025 Regular Session HOUSE BILL NO. 274 BY REPRESENTATIVE OWEN Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. HOMELAND SECURITY: Provides relative to the Governor's Office of Homeland Security and Emergency Preparedness 1 AN ACT 2To amend and reenact R.S. 29:1(B), 722(A)(1), 724(B)(3), 725(A), (B), (C)(1), (E), (G)(1) 3 and (K)(1) and (2) and 726(A) and R.S. 36:4(B)(7) and to repeal R.S. 36:4(B)(3), 4 relative to the Governor's Office of Homeland Security and Emergency 5 Preparedness; to provide for transition to the Military Department; to provide for the 6 employment, authority, and duties of the director; to provide relative to the staffing 7 of the office of interoperability; and to provide for related matters. 8Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 29:1(B), 722(A)(1), 724(B)(3), 725(A), (B), (C)(1), (E), (G)(1) and 10(K)(1) and (2) and 726(A) are hereby amended and reenacted to read as follows: 11 §1. Military Department 12 * * * 13 B. The Military Department shall be composed of the National Guard, 14 Louisiana State Guard, Louisiana Military Police, the Governor's Office of 15 Homeland Security and Emergency Preparedness, and such other offices that may 16 be created or established according to law. 17 * * * Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-818 ORIGINAL HB NO. 274 1 §722. Purpose 2 A. Because of the existing possibility of the occurrence of emergencies and 3 disasters of unprecedented size and destructiveness resulting from terrorist events, 4 enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, or 5 other natural or manmade causes, and in order to ensure that preparations of this state 6 will be adequate to deal with such emergencies or disasters, and in order to detect, 7 prevent, prepare for, investigate, respond to, or recover from these events, and 8 generally to preserve the lives and property of the people of the state of Louisiana, 9 it is hereby found and declared to be necessary: 10 (1) To create and provide for designation of the Governor's Office of 11 Homeland Security and Emergency Preparedness within the Military Department, 12 State of Louisiana, as the state homeland security and emergency preparedness 13 agency and to authorize the creation of local organizations for emergency 14 preparedness in the political subdivisions of the state. 15 * * * 16 §724. Powers of the governor 17 * * * 18 B. 19 * * * 20 (3) All executive orders or proclamations issued under this Subsection shall 21 indicate the nature of the disaster or emergency, the designated emergency area 22 which is or may be affected, and the conditions which have brought it about or which 23 make possible the termination of the state of disaster or emergency. An executive 24 order or proclamation shall be disseminated promptly by means calculated to bring 25 its contents to the attention of the general public and, unless the circumstances 26 attendant upon the disaster or emergency prevent or impede it, promptly filed with 27 the Military Department, Governor's Office of Homeland Security and Emergency 28 Preparedness and with the secretary of state. 29 * * * Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-818 ORIGINAL HB NO. 274 1 §725. State emergency and disaster agency; powers of director; officers of the 2 agency 3 A. The Governor's Office of Homeland Security and Emergency 4 Preparedness, hereafter referred to in this Chapter as GOHSEP, is hereby established 5 as a state agency within the office of the governor Military Department, state of 6 Louisiana. 7 B. The governor shall designate the Governor's Office of Homeland Security 8 and Emergency Preparedness within the Military Department as the state homeland 9 security and emergency preparedness agency under the adjutant general. The office 10 shall be an independent agency in the office of the governor and, through its director, 11 shall report directly to the governor. The office shall have authority for and shall be 12 responsible for its own accounting and budget control, procurement and contract 13 management, personnel management, and grants management and shall carry out 14 these functions either directly or through authorized assignment to another state 15 agency or department. The office shall have authority to enter into contracts and 16 agreements necessary in carrying out its functions and responsibilities. 17 C.(1) There shall be a director of the Governor's Office of Homeland 18 Security and Emergency Preparedness who shall be appointed by the governor, 19 subject to Senate confirmation employed by and report directly to the adjutant 20 general. He shall administer the state emergency preparedness agency as provided 21 in this Chapter. The director shall serve at a salary fixed by the governor, which 22 salary shall not exceed the amount approved for the position by the legislature the 23 adjutant general. 24 * * * 25 E. The director shall appoint a deputy director, subject to senate 26 confirmation, to administer the provisions of this Chapter. The deputy director shall 27 have and may exercise such powers and duties of the director as the director shall 28 delegate to him. The director may appoint employ such assistant deputy directors 29 deputies and assistants as may be necessary to carry out the functions of the office, Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-818 ORIGINAL HB NO. 274 1 including but not limited to homeland security, emergency preparedness, and 2 recovery. Each deputy or assistant deputy director shall have and may exercise such 3 powers and duties of the director or the deputy director as the director or deputy 4 director shall delegate to him. 5 * * * 6 G.(1) The director may employ such professional, technical, clerical, 7 stenographic, and other personnel, and he shall fix their compensation and may make 8 expenditures from available funds appropriated for the Governor's Office of 9 Homeland Security and Emergency Preparedness or other funds made available to 10 him for purposes of homeland security and emergency preparedness as may be 11 necessary to carry out the purposes of this Chapter. During a gubernatorially 12 declared disaster or emergency, the director shall have the authority to expend funds 13 for emergency protective measures even if there is no budget authority of funds 14 available. The director, the deputy director, and the assistant deputy directors, if 15 appointed, shall be provided with the necessary and appropriate office space, 16 furniture, equipment, supplies, stationery, and printing. The necessary mileage, 17 office expenses, salaries of personnel, postage, telephone, and expressage shall be 18 chargeable to any funds available for homeland security and emergency 19 preparedness. 20 * * * 21 K.(1) The office of interoperability shall be headed by an assistant deputy 22 director of interoperability who shall be in the unclassified service staffed as 23 determined by the director. The assistant deputy director may delegate authority to 24 such designees or to any governmental body as the assistant deputy director may 25 deem appropriate within the limitations of state and federal laws, rules, and 26 regulations. The assistant deputy director of interoperability may promulgate rules 27 and regulations to carry out the provisions of R.S. 29:725.1 through 725.4. 28 (2) The assistant deputy director office of interoperability shall work in 29 conjunction with the state Unified Command Group and interoperability Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-818 ORIGINAL HB NO. 274 1 subcommittee to develop, implement, and maintain a secure interagency 2 communication across jurisdictional and geographic boundaries to enable end users 3 to access authorized information when and how they need it as identified in the 4 statewide interoperability plan and statewide communications interoperability plan 5 for first responders. 6 * * * 7 §726. Governor's Office of Homeland Security and Emergency Preparedness; 8 authority and responsibilities 9 A. The Governor's Office of Homeland Security and Emergency 10 Preparedness, under the governor Military Department, shall be responsible for 11 homeland security and emergency preparedness in the state. In order to perform the 12 duties and functions required under this Chapter, the office may establish and 13 maintain office of homeland security and emergency preparedness operations 14 centers. The office may obtain immovable property for such operations centers by 15 sale, transfer, grant, donation, lease, exchange, or any other means, including 16 interagency transfers of property and cooperative endeavors. 17 * * * 18 Section 2. R.S. 36:4(B)(7) is hereby amended and reenacted to read as follows: 19 §4. Structure of executive branch of state government 20 * * * 21 B. The office of the governor shall be in the executive branch of state 22 government. The governor may allocate within his office the powers, duties, funds, 23 functions, appropriations, responsibilities, and personnel of the agencies within his 24 office and provide for the administration thereof and for the organization of his 25 office. The following agencies and their powers, duties, functions, and 26 responsibilities are hereby transferred to the office of the governor: 27 * * * Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-818 ORIGINAL HB NO. 274 1 (7) Military Department, state of Louisiana (R.S. 29:1 et seq., excluding 2 provisions for including the Governor's Office of Homeland Security and Emergency 3 Preparedness, R.S. 29:721 et seq.). 4 * * * 5 Section 3. R.S. 36:4(B)(3) is hereby repealed in its entirety. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 274 Original 2025 Regular Session Owen Abstract: Provides for the transfer of the Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP) to the Military Department. Present law (R.S. 29:725) establishes and provides for the purpose and functions of GOHSEP. Proposed law retains present law. Present law (R.S. 36:4(B)(3)) places GOHSEP within the office of the governor. Present law (R.S. 36:4(B)(7)) also places the Military Dept. within the office of the governor, but excludes GOHSEP from the Military Dept. Proposed law repeals present law (R.S. 36:4(B)(3)) and amends present law (R.S. 36:4(B)(7)) to place GOHSEP within the Military Dept. Present law provides that the director of GOHSEP shall be appointed by the governor, subject to Senate confirmation. Proposed law provides that the director of GOHSEP shall be employed by and report directly to the adjutant general who shall fix the salary of the director. Present law provides that the director of GOHSEP may appoint assistant deputy directors as may be necessary to carry out the functions of the office. Proposed law provides that the director of GOHSEP may employ, instead of appoint, deputies and assistants. Present law provides that the office of interoperability shall be headed by an assistant deputy director of interoperability. Proposed law provides that the office of interoperability shall be staffed as determined by the director. (Amends R.S. 29:1(B), 722(A)(1), 724(B)(3), 725(A), (B), (C)(1), (E), (G)(1) and (K)(1) and (2) and 726(A) and R.S. 36:4(B)(7); Repeals R.S. 36:4(B)(3)) Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions.