Amendment vs bill Senate Committee Amendment, #3690, COM, Draft vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
SCAHB921 2810 3690 SENATE COMMITTEE AMENDMENTS Regular Session Amendments proposed by Senate Committee on Commerce, Consumer Protection and International Affairs to Reengrossed House Bill No.
921 BY REPRESENTATIVE MUSCARELLO AN ACT ToamendandreenactR.S.
921 by Representative Muscarello AMENDMENT NO.
37:3270, 3271,3272(A)(2),(5),(6),(9),(11),(13)through(15), (17), and (18), 3273(B) and (C), 3274(A)(1) through (5), (7), and (11), (B)(1) through (4), (6), (7), (10), and (11), (C), and (D), 3275, 3279(A)(3), 3283(A), (D), and (F)(1) and (2), 3284(B)(1), (4), and (5), (E), (F), and (J), 3287(C), 3288, and 3293(C)(1) and to enact R.S.
1 On page 1, line 6, after "3293(C)(1)" and before "to" delete the "," and insert "and" AMENDMENT NO.
37:3272(21) through (25), 3273(I), 3274(A)(12), 3279.1, and 3284.1, relative to private security examiners;
2 On page 1, line 7, delete "and to repeal R.S.
to provide for purpose;
37:3292," AMENDMENT NO.
to provide for short title;
3 On page 2, line 1, delete ", 3292(B)," AMENDMENT NO.
to provide for definitions;
4 On page 15, delete line 7 and insert in lieu thereof the following:
to provide for membership;
"B.
to provideforqualificationsoftheboard;toprovideforpowersanddutiesoftheboard;
The board shall be responsible for determining the approval of any canine training program and the board" AMENDMENT NO.
to provide for the duties of the executive director;
5 On page 15, line 10, change "No canine may" to "A canine may not" AMENDMENT NO.
to provide for the procedures of approval, denial, and appeals regarding licensees;
6 On page 17, delete lines 6 through 20 AMENDMENT NO.
to provide for a security officer and securityoperations managerregistration card;to provide for trainingof security officers;
7 On page 18, delete line 4 AMENDMENT NO.
to create security canine and detector canine programs;
8 On page 18, line 5, change "Section 3." to "Section 2." AMENDMENT NO.
to provide for license renewals;
9 On page 18, line 7, change "Section 4." to "Section 3." AMENDMENT NO.
to provide for violations and penalties;
10 On page 18, line 12, change "revised statutes." to "Louisiana Revised Statutes of 1950." Page 1 of 1
to provide for cease and desist orders;
to provide for applicability;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section1.
R.S.37:3270,3271,3272(A)(2),(5),(6),(9),(11),(13)through(15),(17), and(18),3273(B)and(C),3274(A)(1)through(5),(7),and(11),(B)(1)through(4),(6),(7), (10), and (11), (C), and (D), 3275, 3279(A)(3), 3283(A), (D), and (F)(1) and (2), 3284(B)(1),(4),and(5),(E),(F),and(J),3287(C),3288and3293(C)(1)areherebyamended andreenactedandR.S.37:3272(21)through(25),3273(I),3274(A)(12),3279.1,and3284.1 are herebyenacted to read as follows:
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HB NO.
921 ENROLLED §3270.
Declaration of purpose A.
The Legislature of Louisiana declares that it is necessary to require the licensure and regulation of private security agents and businesses to be in the best interest of the citizens of this state licensees, qualifying agents, and securityofficers to promote professionalism and serve the citizens of this state.
B.
The purpose of this Chapter is to require qualifying criteria establish qualifying criteria and oversight mechanisms in a professional field in which unqualified or unethical individuals mayinjurethepublic.
The requirementsof this Chapter will are intended to contribute to the safety, health, and welfare, and accountability of the people of Louisiana.
§3271.
Private security law;
short title This Chapter shall be known and may be cited as the Private Security RegulatoryandLicensingLaw"LouisianaPrivateSecurityLicensingandRegulatory Act".
§3272.
General definition of terms A.
As used in this Chapter, the following terms shall have the following meanings ascribed to them unless otherwise defined in this Chapter:
* * * (2) "Armed securityofficer"is an individual who provides securityservices andwhoatanytime wears,carries,possesses, orhasaccessto afirearmoranyother weapon defined by the board.
All other defensive or offensive weapons not approved by the board are prohibited means an individual employed by a licensed contract security company or proprietary security organization who carries or has accessto an approvedfirearmin the performanceof official duties and who has met all qualifications, training, and certification requirements established by the board.
* * * (5) "Branchmanager"meanstheindividualendowedwiththeresponsibility and liability for a branch office designated by the licensee responsible for the management, supervision, and regulatorycompliance of a branch officelicensedby the board.
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HB NO.
921 ENROLLED (6) "Branch office" means a separate office which is part of a company licensed by the board any separate business location operated pursuant to a license issued by the board.
* * * (9) "Executive secretarydirector" means the chief administrative officer of the board.
* * * (11) "Licensee" means any person to whom a license is granted in accordance with the provisions of this Chapter or business entity licensed by the board in accordance with this Chapter.
* * * (13) "Person"meansanindividual,firm,association,company,partnership, corporation, nonprofit organization, limited liability company, or other legal entity recognized in accordance with the laws of this state.
(14) "Principal corporate officer" means the president, vice president, treasurer, secretary, or comptroller, or any other person who performs functions for the corporation corresponding to those performed by the foregoing officers who performs equivalent duties within the business organization.
(15) "Private security business" is any entity that provides protection to persons and property, excluding any law enforcement agency, but including any of the following:
(a) Contract securitycompany;
or.
(b) Armored car companyor armed courier company.
* * * (17) "Registrant" means an individual who holds a valid registration card issuedbytheboardacurrentregistration issuedbytheboardinaccordancewith this Chapter.
(18) "Registration card"meanstheidentificationcardissuedbytheboardto a registrant as evidence that the registrant has met the required minimum Page 3 of 17 CODING:
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HB NO.
921 ENROLLED qualifications a physicalordigital credentialissuedbythe board evidencingthat the registrant has met the qualifications and training required by this Chapter.
* * * (21) "Canine handler" means a licensed security officer registered with the boardwhohascompletedaboard-approvedtrainingprogramandwhoiscertifiedto deploy with a security canine or detector canine.
(22) "Canine team" means a canine and its assigned handler who function as a unit.
(23) "Detectorcanine"means a dogspecificallytrainedandcertifiedforuse inprivate-securityoperationstodetectexplosivesorcontrolleddangeroussubstances by olfactory means.
Detector canines shall operate solely for detection and notification purposes and shall not be used to conduct searches, seizures, or arrests.
(24) "Digital credential" means an electronic license or registration card issued by the board that verifies the person's qualifications and status.
(25) "Securitycanine" means a dogspecificallytrainedand certifiedfor use in private-security patrol operations including deterrence, handler protection, and property protection.
* * * §3273.
LouisianaStateBoardofPrivateSecurityExaminers;creation;qualification;
domicile;
term of office;
confirmation;
oath of office;
compensation * * * B.(1) Theboardshallconsistofninemembers,alldomiciledinthisstateand approved by the governor.
appointed by the governor.
One member shall be appointed from and shall reside in each of the five public service commission districtsestablishedbylaw.
Fourmembersshallbeappointedfromthestateatlarge.
Each member shall be a citizen of the United States of America, a resident of Louisiana, and at least thirty years of age, and shall have been actively engaged in the private security business for at least five years.
One of the members appointed at large shall be a representative of a nationally operated security company.
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HB NO.
921 ENROLLED member shall be licensed or registered with the board or a corporate officer of a licensed company.
(2)(a) Five members will be members of the private security industry, appointed by the governor, and shall be one of the following:
(i) Company owner.
(ii) Qualifying agent.
(iii) Instructor.
(b) Fromthefivememberslisted in this Paragraph,onemembershall reside in each of the five districts composed as follows:
(i) District 1:
The parishes of Orleans, Plaquemines, and St.
Bernard.
(ii) District2:TheparishesofAssumption,Jefferson,Lafourche,St.Charles, St.
James, St.
John the Baptist, St.
Tammany, Terrebonne, and Washington.
(iii) District3:TheparishesofAscension,EastBatonRouge,EastFeliciana, Iberville, Livingston, St.
Helena, St.
Martin, Tangipahoa, West Baton Rouge, and West Feliciana.
(iv) District 4:
The parishes of Acadia, Allen, Avoyelles, Beauregard, Calcasieu, Cameron, Evangeline, Grant, Iberia, Jefferson Davis, Lafayette, Natchitoches,PointeCoupee,Rapides,Sabine,St.Landry,St.Mary,Vermilion,and Vernon.
(v) District 5:
The parishes of Bienville, Bossier, Caddo, Caldwell, Catahoula, Claiborne, Concordia, DeSoto, East Carroll, Franklin, Jackson, LaSalle, Lincoln, Madison, Morehouse, Ouachita, Red River, Richland, Tensas, Union, Webster, West Carroll, and Winn.
(c) One of the five members listed in this Paragraph shall be affiliated with a nationally operated security company.
(d) Each member listed in this Paragraph shall be licensedwith the board or serve as a corporate officer of a licensed securitycompany.
(e) Each member listed in this Paragraph shall have been actively engaged in the private security industry for a minimum of five years.
(3) Four members will be appointed at-large from the following agencies:
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HB NO.
921 ENROLLED (a) One at-large member nominated from the tourism industry by the lieutenant governor.
(b) One at-large member nominated from the insurance industry by the commissioner of the Department of Insurance.
(c) One at-large member nominated from the law enforcement community by the superintendent of the office of state police.
(d) One at-large member nominated from the Academy Directors Association by the director of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice.
(4) The governor may remove any or all members of the board for inefficiency or neglect of duty.
C.
The board shall be domiciled in Baton Rouge, but shall be authorized to may meet elsewhere in the state.
* * * I.
The board is prohibited from adoptinganyrules or regulations that would impose additional eligibility requirements for membership.
§3274.
Powers, duties, authorities, and responsibilities;
meetings;
quorum A.
The board shall:
(1) Examine all applicants to be licensed and regulated under in accordance with the provisions of this Chapter through written or digital application and verification systems.
(2) Administer a written an examination for prospective licensees at least twice each year.
(3) Adopt and promulgate rules and regulations to govern the practice of private security in the state of Louisiana this state in accordance with the Administrative Procedure Act.
(4) Issue, suspend, modify, place on probation, or revokedigital or physical licensesorregistrationcardstoprovidecredentialsauthorizingprivatesecurityinthe state of Louisiana services within this state.
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HB NO.
921 ENROLLED (5) Report to the attorney general of the state of Louisiana all persons violating the provisions of this Chapter Refer matters of potential criminal or civil violation to appropriate authorities as deemed necessary, in consultation with the board's legal counsel.
* * * (7) Report annually, no later than March 1, to the governor, the secretaryof the department, and the legislature on its activities to the governor, the legislative auditor, and the commissioner of administration on its operations, finances, and regulatory activities.
* * * (11) Adopt rules to authorize the assessment of administrative penalties in the form of fines not to exceed five hundred dollars per violation and cost of the board's proceedings pursuant to this Chapter.
(12) Adopt rules to regulate private security canine programs and deployments, including the licensing, training, certification, deployment, recertification, and discipline of canine handlers, security canines, and detector canines in compliance with applicable state and federal law.
B.
The board may:
(1) Adopt and enforce rules and regulations, bylaws, and rules of professionalconductastheboardmaydeemnecessaryandpropertoregulateprivate security businesses in the state of Louisiana this state, to provide for the efficient operation of the board, and otherwise to discharge its duties and powers under in accordance with this Chapter.
(2) Prescribe and adopt regulations, standards, procedures, and policies governingthe mannerandconditions underwhichcreditshall be given bythe board forparticipationinaprogramofcontinuingprofessionaleducationsuchastheboard may consider necessary and appropriate to maintain the highest standards of the private security industry in the state of Louisiana.
in accordance with the AdministrativeProcedureAct,governingthemannerandconditionsin whichcredit may be granted by the board for participation in continuing professional education Page 7 of 17 CODING:
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HB NO.
921 ENROLLED programs,whensuchrequirementsarereasonablyrelatedtomaintainingprofessional competence and protecting public safety within the private security industry in this state.
(3) Authorize any the chairperson, executive director, or any designated member of the board to make any affidavit necessary for the issuance of any injunction or other legal process authorized under pursuant to this Chapter or under in accordance with the rules and regulations of the board.
(4) Issue subpoenas to require attendance and testimonyand the production of documents, for the purpose of enforcing the laws relative to the private security industry and securing evidence of violations thereof or subpoenas duces tecum to require attendance, testimony, or production of records necessary to enforce this Chapter and obtain evidence of violations.
* * * (6) Appoint a qualified executive secretarydirector.
(7) Employ clerical assistance staff as necessary to carry out the administrative work functions of the board.
* * * (10) Purchase, lease, or otherwise acquire any real or personal property, including making or entering into mortgages, as may be necessaryor convenient to the exercise of its powers in order to accomplish the purposes of this Chapter.
The board shall take title to and hold such propertyin its name as an agencyof the state, underthefiscalcontrolofthedivisionofadministrationandsubjecttostateproperty management requirements.
(11) When a state of emergency has been declared in this state pursuant to R.S.
14:329.6, authorize the temporary operation of out-of-state private security businesses within the state and the use of its employees within the state for the durationofthestateofemergencyorforastipulatedamountoftimeafterdeclaration of the state of emergency, not to exceed thirtydays from the last dayof the declared state of emergency, if the private security business:
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HB NO.
921 ENROLLED (a) Is licensed in another state in which the qualifications, insurance, and training,andothersimilarrequirementsareatleastequaltothoserequiredunderthis Chapter are substantially equivalent to those of this Chapter.
(b) Hasnotifiedtheboardthattheyintendofintenttooperateinthestateand submits all information required documentation requested bythe board.
C.
The chairman chairperson and executive secretarydirector of the board, or in their absence any other member of the board, may administer oaths in the taking of testimony upon any matter appertaining to the duties and powers of the board.
D.
The board shall meet quarterly every other month at regular meetings each year.
A special meeting maybe held at such time and place as specified bythe executive secretary director on call of the chairman chairperson or any four members.
The executive secretarydirector shall give written notice of all meetings to the members of the board and to the interested public, and mayconduct meetings by electronic means in accordance with the Open Meetings Law, R.S.
42:11 et seq.
* * * §3275.
Executive secretarydirector;
duties The position of executive secretary director of the board is hereby created.
The executive secretary director shall be appointed by the board and shall serve as its chief administrator administrative and operational officer.
He shall not be a member of the board, but shall be a full-time employee of the board, to be paid compensation compensated in an amount to be determined by the board.
The executivesecretarydirectorshall performsuchtheduties asmaybeandexercisethe authority as prescribed by the board, and shall employ such persons as he deems necessary and fix their compensation.
including oversight of licensing operations, technology systems, compliance programs, and enforcement of this Chapter.
The executivedirectorshallemploy,supervise,andassignpersonnelasnecessaryandfix their compensation within the limits of the board's approved budget.
He shall have no financial or business interests, contingent dealings or otherwise, in the security servicesinvestigativebusiness, watch,guard,orpatrolagencywhilesoemployedor Page 9 of 17 CODING:
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HB NO.
921 ENROLLED for a period of direct or indirect financial or business interest in anyprivate security business while employed or for five years thereafter.
* * * §3279.
Approval, denial;
procedure;
appeals;
prior qualifications A.
The procedure of the board in approving or denying an application shall be as follows:
* * * (3)(a) If the grounds for denialaresubjectto correctionbythe applicant, the notice of denial shall so state and the applicant shall be given ten days after receipt of such notice or, upon application, a reasonable additional period of time within which to make the required correction.
(b) If the application is denied, the applicant, within thirtydays after receipt of notice of denial from the board, mayrequest a hearing on the denial, pursuant to R.S.
37:3279.1.
Within ten days after the filing of such request for hearing by the applicant, the board shall schedule a hearing to be held after due notice to the applicant.
The hearing shall be conducted in accordance with the Administrative Procedure Act.
* * * §3279.1.
Appeals;
hearings;
procedures;
due process A.
The board shall conduct all adjudicatoryproceedings in accordancewith the Administrative Procedure Act, R.S.
49:950 et seq., and the provisions of this Chapter.
B.
The board shall communicate to the applicant or licensee all denials, suspensions, orders, administrative penalties, and revocations in writing.
C.
Upon written notice of adverse or disciplinaryaction from the board, the applicant or licensee has the right to elect to file a hearing with the board or the division of administrative law within thirty days from the receipt of the notice.
(1) Iftheapplicantorlicenseeelectsto haveahearingbytheboardanddoes not prevail, the ruling of the board may be appealable with the division of administrative law.
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HB NO.
921 ENROLLED (2) If the applicant or licensee elects to have a hearing by the division of administrativelaw,therulingshallbeappealablebyeithertheboardortheapplicant or licensee, whichever does not prevail.
D.
Any party subject to a hearing may be represented by legal counsel and present evidence and testimonyand has the right to due process.
E.
All hearings shall be recorded, and a complete record of all proceedings shall be made.
F.
The appellant shall assume all costs associated with appeals.
* * * §3283.
Security officer and security operations manager registrant;
card;
application;
qualifications;
investigation;
denial, suspension, or revocation;
validity;
renewal;
change of address A.(1) Each person who performs the functions and duties of a security officer or security operations manager within this state as defined in this Chapter shall apply to the board for a registration card.
(2) The portion of the board application indicating temporary registration shall becarriedbytheapplicantwhenheiswithinthescopeofhis employmentuntil such time as he receives his permanent registration card from the board.
(3) (2)(a) Individuals An individual required to obtain a registration card underthis Chaptershall fileforaregistration cardand,uponcompletionthereof,the licensee shall immediatelyforward the application shall submit a sworn application to the board for review.
(b) Every applicant shall remit all required fees with the application to the board.
(4)(a) Every applicant for a registration card shall make and deliver to the licensee a sworn application in writing upon a form prescribed bythe board.
(b)(3)(a) Theboardshallprescribebyruletheformforsuchapplicationand proceduresfortheirits submission, consideration,anddisposition, includingthefee to accompany the application.
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HB NO.
921 ENROLLED (c)(b) To be eligible to applyforaregistration cardan individual shall have the same qualifications required of an applicant provided in R.S.
37:3276 but may be a resident alien.
* * * D.
After receipt of an application for a registration card, the board shall conduct an investigation to determine whether the facts set forth in the application are true.
Actions by the board to approve or deny an application for a registration card shall be the same as that action taken to deny or approve an application for license as provided in R.S.
37:3279 37:3279.1.
* * * F.(1) Registrationcardsissuedbytheboardshallbevalidforaperiodoftwo years.
The registrant shall be required to advise the board of any changes in his status or permanent address during the valid period.
The cardholder shall file a registration card renewal form with the board not less than thirty days prior to the expiration of the card, together with the fee for renewal.
The renewal application shall include a statement by the registrant that the registrant continues to meet the qualifications as set forth by the board.
(2) The board may refuse to renew a registration card, and shall promptly notify the cardholder of its intent to refuse to renew.
The cardholder, within fifteen days after receipt of such notice, mayrequest a hearing on such refusal, in the same manner and in accordancewith thesameprocedureasthatprovidedin R.S.
37:3279 37:3279.1.
* * * §3284.
Training of security officers;
requirements * * * B.(1) Any security officer employed after the effective date of this Chapter shall complete, within thirty days of his first work assignment, either eight hours of classroomtrainingoranapprovedcurriculum-basedtrainingcourseunderalicensed instructor and successfully pass an examination on the prescribed material which shall includethefollowingtopics:
Asecurityofficershall complete,priorto his first Page 12 of 17 CODING:
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HB NO.
921 ENROLLED work assignment, a minimum of sixteen hours of board-requiredtrainingconsisting of Security Officer Standards and Training, or S.O.S.T, by a board-licensed instructor and successfully pass an examination for each course.
(a) Orientation to R.S.
37:3270 through 3299 and the board's rules and regulations.
(b) Legal powers and limitations of a security officer.
(c) Emergency procedures.
(d) General duties/field notes/report writing.
* * * (4) Security officers shall have sixty days from the date of the first work assignment to complete either an additional eight hours of classroom training or an approvedcurriculum-basedtrainingcourseunderalicensed instructor,asprescribed bytheboard,andsuccessfullypassa fifty-question test administeredbythelicensed instructor by achieving a minimum score of seventy percent who are registered in other states with licensing requirements similar to this state and law enforcement officersidentifiedinthisSection,mayattend,priortohisfirstworkassignment,four hours of board-required training consisting of Security Officer Standards and Training, or S.O.S.T, by a board-licensed instructor and successfully pass an examination.
(5) Nomorethantwosixteenhoursofthetrainingrequirementsprovidedfor in Paragraphs (1), and (2), and (4) of this Subsection may be conducted during a twenty-four-hour period.
* * * E.
All classroom training required by this Chapter shall be administered by a licensed instructor who is approved by the board, meets the qualifications of an applicant as required by R.S.
37:3276(A)(1) through (6), and at least one of the following:
(1) Is approved by the board.
(2) Meets the qualifications of an applicant as required by R.S.
37:3276(A)(1) through (6);
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HB NO.
921 ENROLLED (3)(1) Hasaminimum ofthreeyearssupervisoryexperiencewithacontract securitycompany,proprietarysecurityorganization,orwith anyfederal,state,local, parochial, municipal, or United States military law enforcement agency;
or.
(4) (2) Degree Has a degree in administration of justice or the equivalent thereof from an accredited college or university;
or.
(5) (3) Is a P.O.S.T.
certified instructor;
or.
(6) (4) Teaching Has a teaching certificate issued by the state of Louisiana, Department of Education, or the equivalent thereof, and one year supervisory experience in the securityfield.
F.
All firearms training required by this Chapter shall be administered by a licensed instructor who does both of the following:
(1) Meets the same qualifications of a classroom instructor as required by Subsection E;
and of this Section.
(2) Has successfully completed training and possesses a National Rifle Association Securityor Police Firearms Instructor certificate, or a P.O.S.T.
Firearm Instructor Certificate, or a Department of Energy Firearms Instructor Certificate, or certification by a branch of the United States military.
* * * J.
Currentandformerlawenforcementofficersorcurrentorformermilitary law enforcement officers who have successfully completed a P.O.S.T.
certification andfirearmstrainingprogramorequivalentwithinoneyearpriortoapplicationmay submit proofofsuchdocumentationto theboardasproofoftraining,whichshall be considered the equivalent of the classroom training for security officers as required inParagraphs(B)(1),and(2),and(4)ofthisSection,butshallnotexemptthemfrom the requirements of Paragraph (D)(1) of this Section.
§3284.1.
Security canine and detector canine programs A.
The board shall license and regulate canine handlers and canine teams.
B.
Theboardshallberesponsiblefordeterminingtheapprovalofanycanine training program and the board shall establish minimum standards for certification and recertification of securitycanines, detector canines, and their handlers.
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HB NO.
921 ENROLLED C.
A canine may not be deployed by a licensee unless both the canine and its handler are certified in accordance with rules adopted bythe board.
D.
Detector canine programs shall be conducted in compliance with all applicable federal laws and regulations, including but not limited to those administeredbytheUnitedStatesDrugEnforcementAdministrationandtheBureau of Alcohol, Tobacco, Firearms, and Explosives.
E.
Anypositive indicationofexplosives orcontrolleddangeroussubstances by a detector canine team shall be immediately reported to the appropriate law enforcement authority.
F.
Theboardshall requireeachlicenseeemployingcanineteamstomaintain liability insurance coverage.
* * * §3287.
Renewal of license, certificate;
penalty * * * C.
The licensee, within fifteen thirty days after receipt of such notice of intent to refuse to renew a license, may request a hearing on such refusal pursuant to R.S.
37:3279.1.
A licensee shall be permitted to continue to be engaged in business while his renewal application is pending.
§3288.
Administrative penalties A.(1) Any person who is determined by the board, after reasonable notice and opportunity for a fair and impartial hearing held conducted in accordance with the Administrative Procedure Act and R.S.
37:3279.1, to have committed an egregiousact that is a or willful violation of this Chapter or regulation orruleissued thereunderoranyrule or regulation adopted pursuant to this Chapteris subjectto an administrative penalty of not more than five thousand dollars per violation per day and shall subject such person to revocation of his license.
The board may, upon written findings of fact and conclusions of law, impose probation, suspension, or revocation of any license or registration issued in accordance with this Chapter.
Such egregious acts shall include but not be limited to the following:
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HB NO.
921 ENROLLED (a) Knowingly operating Operating a private security business without meeting maintaining the insurance requirements as provided for in this Chapter.
(b) Consistently Repeatedly or deliberately operating a private security business in violation of the insurance requirements provided for in this Chapter.
(c) Submitting fraudulent documents to the board as required or requested by the board or causing to be submitted false, forged, fraudulent, or materially misleading documents or information to the board.
(d) Forgery of, altering, or falsifying any documentation or information submitted or required to be submitted to the board.
(e) Operating a private security business without obtaining the required firearms training or allowing personnel to operate in a capacity requiring firearms authorization without the required firearms training, certification, or qualification.
(2) Any person committing any non-egregious acts in a non-egregious violation of this Chapter or anyregulation or rule issued thereunder pursuant to this Chapterissubjecttoanadministrativepenaltyofnotmorethanonethousanddollars per violation per day.
In lieu of a fine for a first-time, non-willful violation, the board may issue a written warning or require the violator to complete a corrective action plan within a prescribed time period.
B.
Theboard,inaccordancewiththeAdministrativeProcedureAct,mayand the division of administration shall adopt a schedule of administrative penalties and corrective actions for minor violations that can be assessed by the executive secretary director when the violator waives the right to an administrative hearing.
* * * §3293.
Cease and desist order;
injunctive relief * * * C.(1) Upon a proper showing by the board that such person or firm has engaged in any activity, conduct, or practice prohibited by this Chapter, the court shallissueatemporaryrestrainingorderrestrainingthepersonorfirmfromengaging in unlawful activity, conduct, or practices pending the hearing on a preliminary injunction, and in due course a permanent injunction shall be issued after a hearing Page 16 of 17 CODING:
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HB NO.
921 ENROLLED pursuant to R.S.
37:3279.1, commanding the cessation of the unlawful activity, conduct, or practices complained of, all without the necessityof the board havingto give bond as usually required in such cases.
* * * Section2.
Theprovisions ofR.S.
37:3273(B)asenactedbythis Actshall applyonly to board members appointed on or after the effective date of this Act.
Section 3.(A) The Louisiana State Law Institute is hereby directed to change all references from "chairman" to "chairperson" and from "executive secretary" to "executive director" in Chapter 47 of Title 37.
(B) The Louisiana State Law Institute is hereby directed to change all references from "Private Security and Licensing Law" to "Louisiana Private Security Licensing and Regulatory Act" throughout the Louisiana Revised Statutes of 1950.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.