State laws commissioning/granting Railroad Police authority:

 

The following are laws associated with the commissioning or granting railroad police authority within the different states.  These laws may change from time to time and should be checked in the individual states before using this information:

 

49 U.S. Code § 28101 - Rail police officers

(a)  In General.— Under regulations prescribed by the Secretary of Transportation, a rail police officer who is directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State may enforce the laws of any jurisdiction in which the rail carrier owns property, to the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction, to protect—

(1) employees, passengers, or patrons of the rail carrier;

(2) property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier;

(3) property moving in interstate or foreign commerce in the possession of the rail carrier; and

(4) personnel, equipment, and material moving by rail that are vital to the national defense.

(b)  Assignment.— A railroad police officer directly employed by or contracted by a railroad carrier and certified or commissioned as a police officer under the laws of a State may be temporarily assigned to assist a second railroad carrier in carrying out law enforcement duties upon the request of the second railroad carrier, at which time the police officer shall be considered to be an employee or agent, as applicable, of the second railroad carrier and shall have authority to enforce the laws of any jurisdiction in which the second railroad carrier owns property to the same extent as provided in subsection (a).

(c) Transfers.—

(1)In general.— If a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State transfers primary employment or residence from the certifying or commissioning State to another State or jurisdiction, the railroad police officer, not later than 1 year after the date of transfer, shall apply to be certified or commissioned as a police office [1] under the laws of the State of new primary employment or residence.

(2)Interim period.— During the period beginning on the date of transfer and ending 1 year after the date of transfer, a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State may enforce the laws of the new jurisdiction in which the railroad police officer resides, to the same extent as provided in subsection (a).

(d) Training.—

(1)In general.— A State may recognize as meeting that State’s basic police officer certification or commissioning requirements for qualification as a rail police officer under this section any individual who successfully completes a program at a State-recognized police training academy in another State or at a Federal law enforcement training center and who is certified or commissioned as a police officer by that other State.

(2)Rule of construction.— Nothing in this subsection shall be construed as superseding or affecting any State training requirements related to criminal law, criminal procedure, motor vehicle code, any other State law, or State-mandated comparative or annual in-service training academy or Federal law enforcement training center.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 939, § 26101; renumbered § 28101, Pub. L. 103–440, title I, § 103(a)(1), Nov. 2, 1994, 108 Stat. 4616; amended Pub. L. 110–53, title XV, § 1526(a), Aug. 3, 2007, 121 Stat. 452; Pub. L. 114–94, div. A, title XI, § 11412(a), Dec. 4, 2015, 129 Stat. 1687.)

 

Louisiana RS 40:1389     

§1389.  Police protection for certain companies

Upon the application of the collector of revenue or any railroad company, shipping transportation company, or armored car company transporting money or other valuables within this state for the appointment of police officers, the department may appoint persons whom it thinks qualified and competent for purposes of protection.  The department may also appoint any other officers, agents, and employees necessary for the rendition of efficient service.  Every person so appointed shall have the rank and title of special agent and shall be governed by this Sub-part when so designated by the department.  

The department may revoke the commission and authority of any person appointed under this Section.  

louisiana RS 40:1379.1     

§1379.1.  Special officers; powers and duties; concealed handgun permit

A.  The superintendent of state police shall be authorized to issue at his discretion a special officer's commission from the division of state police.  Any person who receives a special officer's commission must display need for statewide police power and power to arrest, be bonded, and adhere to all restrictive stipulations as set forth in the special officer's commission.

B.  The special officer, when performing those tasks requiring a special officer's commission, shall have the same powers and duties as a peace officer; provided, however, that when not performing these tasks directly related to the special officer's commission, he shall be regarded as a private citizen and his commission shall not be in effect.

C.  The superintendent of state police shall determine who is entitled to receive a special officer's commission and may promulgate and adopt regulations providing with respect to the issuance and use of said permits.

D.  The superintendent of state police shall have the authority to revoke any special officer's commission for cause, and is further empowered to require those holding special officer's commissions to furnish proof of their being bonded and such other information as may be deemed necessary for determining suitability for holding a special officer's commission.

E.  All special officer or agent commissions previously issued by the department of public safety are rescinded upon the effective date of this Section.

F.  During a declared state of emergency or disaster by the governor, the deputy secretary of the Department of Public Safety and Corrections, public safety services, office of state police may issue a special officer’s commission to a commissioned law enforcement officer who responds to a request for assistance pursuant to the Southern Regional Homeland Security and Emergency Preparedness Management Assistance Compact, as found in R.S. 29:751 and is determined by the deputy secretary to need statewide police power and power to arrest. Any person who receives a special officer’s commission under this Subsection shall not be required to be bonded and shall adhere to all restrictive stipulations as set forth in the special officer’s commission and regulations promulgated and adopted pursuant to Subsection C of this Section. Such person shall have the powers and duties of a peace officer, provided, that when he is not performing tasks directly related to the special officer's commission, he shall be regarded as a private citizen and his commission shall not be in effect.

G.  Repealed by Acts 2013, No. 402, §3.

H.  The deputy secretary of the Department of Public Safety shall have the authority to grant to an individual a concealed handgun permit from the office of state police.  Before the individual applies to the deputy secretary for a permit, he must have been granted a concealed handgun permit by the chief law enforcement officer of the parish in which he is officially domiciled.  Any individual who receives a concealed handgun permit from the office of state police must be bonded in the amount of five thousand dollars and must adhere to all restrictive stipulations as provided in the concealed handgun permit.  Further, the deputy secretary shall have the authority to promulgate and adopt regulations providing with respect to the issuance and use of said permit.

I.  The superintendent of state police or the chief law enforcement officer of a parish shall have the authority to revoke any concealed handgun permit, and is further empowered to require those holding handgun permits to furnish proof of their being bonded, and such other information as may be deemed necessary for determining suitability for holding a concealed handgun permit.

J.  Special officer commissions shall be valid only for a period of one year from the date of their issuance. However, special officer commissions issued to employees of the department shall be valid until revoked by the superintendent.  Special officer commissions issued to judges shall be valid for the length of their term of office.

K.  For the purposes of this Section, "handgun" is defined as meaning any pistol or revolver originally designed to be fired by the use of a single hand and which is designed to fire or is capable of firing fixed cartridge ammunition.

L.  No provision of this Section or of any regulation of the superintendent of state police shall be construed to require persons holding bona fide law enforcement officer commissions to possess a handgun permit.

M.  Anyone in possession of a concealed handgun permit issued by the superintendent who uses a handgun in a task not directly related to the stipulations set forth in the permit shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

N.(1)  Notwithstanding the provisions of Subsections A, B, C, and D of this Section, 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 the speaker of the House of Representatives.  The deputy secretary shall not determine eligibility for a special officer's commission under this Subsection, which determination shall be made solely by the president of the Senate or the speaker of the House of Representatives.

(2)  Commissions under this Subsection shall not exceed the term of the president of the Senate or the speaker of the House of Representatives, according to the length of the remaining term of the respective party.

Added by Acts 1975, No. 412, §1.  Amended by Acts 1982, No. 663, §1; Acts 1991, No. 562, §1; Acts 1992, No. 892, §1, eff. July 8, 1992; Acts 1993, No. 942, §1; Acts 1996, 1st Ex. Sess., No. 4, §1, eff. April 19, 1996; Acts 1999, No. 1367, §1; Acts 2006, No. 317, §1, eff. June 13, 2006; Acts 2013, No. 402, §3.

Louisiana RS 40:1379.1.2     

§1379.1.2.  Special officers commission; rail police officers

A.  The superintendent of state police shall be authorized to issue at his discretion a special officer's commission from the division of state police to any person who is employed by a rail carrier as a rail police officer in accordance with 49 U.S.C. §28101.

B.  A rail police officer issued a special officer's commission shall maintain current certification pursuant to the Council on Peace Officer Standards and Training.

C.  The superintendent of state police shall be authorized to perform  any of the following acts:

(1)  Determine eligibility to receive a special officer's commission.

(2)  Revoke any special officer's commission for cause.

(3)  Require those rail police officers holding special officer's commissions to furnish proof of being bonded.

(4)  Require submission of any information that is deemed necessary for determining suitability for holding a special officer's commission.

D.  A special officer's commission issued to a rail police officer pursuant to the provisions of this Section shall be in effect at all times and to the extent of the authority of a certified or commissioned police officer pursuant to the laws of this state for the purpose of enforcing the laws in any jurisdiction in which the rail carrier owns property and provides protection for the following:

(1)  Employees, passengers, or patrons of the rail carrier.

(2)  Property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier.

(3)  Property moving in interstate or foreign commerce in the possession of the rail carrier.

(4)  Personnel, equipment, and material moving by rail that are vital to national defense.

E.  Special officer commissions issued pursuant to the provisions of this Section shall be valid for a period of one year from the date of their issuance.

F.  The Department of Public Safety and Corrections may promulgate and adopt regulations with respect to the issuance of the special officer's commissions for rail police officers.

Acts 2014, No. 361, §1.