HLS 12RS-326 ORIGINAL Page 1 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2012 HOUSE BILL NO. 408 BY REPRESENTATIVES ARNOLD AND KLECKLEY AND SENATORS ALARIO AND MORRELL SHERIFFS: Creates the Sheriffs' Executive Management Institute AN ACT1 To enact Part IV of Chapter 35 of Title 13 of the Louisiana Revised Statutes of 1950, to be2 comprised of R.S. 13:5631 through 5636, relative to sheriffs; to establish the3 Sheriffs' Executive Management Institute; to provide for the creation of a board and4 appointment of the members; to provide for the terms of office for board members;5 to provide for the powers, duties, and domicile of the board; to provide for meetings6 of the board; to provide relative to training requirements for sheriffs; to provide7 relative to salary increase options; and to provide for related matters.8 Notice of intention to introduce this Act has been published9 as provided by Article III, Section 13 of the Constitution of10 Louisiana and R.S. 13:5521(E).11 Be it enacted by the Legislature of Louisiana:12 Section 1. Part IV of Chapter 35 of Title 13 of the Louisiana Revised Statutes of13 1950, comprised of R.S. 13:5631 through 5636, is hereby enacted to read as follows: 14 PART IV. LOUISIANA SHERIFFS' EXECUTIVE15 MANAGEMENT INSTITUTE16 §5631. Purpose17 It is the intent of the legislature in the exercise of the police power of the state18 to create a board to promote the public peace, by establishing training programs for19 HLS 12RS-326 ORIGINAL HB NO. 408 Page 2 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. sheriffs to provide management courses and skills to enhance the safety of the1 citizens of Louisiana and the enforcement of state laws.2 §5632. Louisiana Sheriffs' Executive Management Institute; creation; board;3 membership4 A. The Louisiana Sheriffs' Executive Management Institute is hereby created5 within the Louisiana Commission on Law Enforcement and Administration of6 Criminal Justice and shall be domiciled in the city of Baton Rouge.7 B. The Louisiana Sheriffs' Executive Management Institute shall be8 governed by a board. The board shall be composed of five members, all of whom9 shall be United States citizens and residents of the state.10 C. The board shall consist of the following members:11 (1) Three members appointed by the governor from a list of at least six12 persons submitted by the Louisiana Sheriffs' Association, all of whom shall be13 elected sheriffs at the time of appointment.14 (2) The chief justice of the Louisiana Supreme Court or his designee.15 (3) The chairman of the Council on Peace Officer Standards and Training.16 D. The qualifications of each member of the board shall continue throughout17 his term in office. In the event a member should become disqualified to serve on the18 board, his seat shall be declared vacant and the vacancy shall be filled pursuant to the19 same process as for the original appointment for the remainder of the unexpired20 term.21 E. The members of the board who are appointed shall be appointed for a22 term of three years and shall continue to serve until reappointed or replaced. In the23 event of death or resignation of a member, his successor shall be appointed within24 thirty days to serve the unexpired term for which the member had been appointed25 pursuant to the same process as that used to make the original appointment.26 F. The appointments by the governor shall be subject to confirmation by the27 Senate.28 G. Members shall serve without compensation.29 HLS 12RS-326 ORIGINAL HB NO. 408 Page 3 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. §5633. Meetings; quorum1 A. The board shall meet regularly each calendar quarter at a time and2 location determined by the board. The board may meet at such other times as it3 deems appropriate. Four members of the board shall constitute a quorum.4 B. The board shall annually elect a chairman and such other officers of the5 board as they may determine necessary and appropriate for the administration,6 implementation, and enforcement of this Part.7 §5634. Functions; powers; duties8 A. The institute, by and through the board, shall serve as the coordinator for9 the training of sheriffs in Louisiana.10 B. The institute, by and through the board, shall have the following11 functions, powers, and duties:12 (1) Establish a new sheriff management course prior to December 31, 2012.13 (2) Establish a continuing education program for sheriffs prior to December14 31, 2012.15 (3) Establish requirements for approval and accreditation of other training16 and continuing education programs sponsored or offered by the federal government,17 other states, and agencies outside the jurisdiction of the institute.18 (4) Cooperate with state and national sheriffs' associations and agencies in19 training programs.20 (6) Conduct research to improve the efficiency and function of the office of21 the sheriff and stimulate research by public and private agencies for that purpose.22 (7) Accept donations, contributions, grants, or gifts from individuals,23 foundations, and state or federal government.24 (8) Contract with other persons as the board deems necessary for services,25 facilities, studies, or training.26 §5635. Training27 A. Beginning January 1, 2013, each person elected to the position of sheriff28 shall successfully complete the new sheriff management course not later than one29 HLS 12RS-326 ORIGINAL HB NO. 408 Page 4 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. year after his election, or in the event of a special election, during the next regularly1 scheduled new sheriff management course.2 B. Beginning January 1, 2013, each sheriff shall be required to complete3 twelve hours of continuing education as approved by the board within every twelve-4 month period.5 §5636. Salary option6 A. A sheriff is eligible to receive a salary increase as provided for by the7 provisions of this Section if all of the following occur:8 (1) The sheriff has completed the educational requirements provided for by9 this Part.10 (2) The legislature has established a salary increase for, and appropriated11 funds for salary increases for, district court judges as provided by law.12 B. The sheriff may receive the salary increase up to the amount he is eligible13 to receive as provided for in this Section and in accordance with R.S. 13:5521.14 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)] Arnold HB No. 408 Abstract: Creates the La. Sheriffs' Executive Management Institute within the office of the governor to provide training for sheriffs and authorizes an increase in salary for sheriffs completing the training requirements. Proposed law creates the La. Sheriffs' Executive Management Institute within the La. Commission on Law Enforcement and Administration of Criminal Justice . Establishes a board to govern the institute composed of five members, with four members constituting a quorum. Provides for the qualifications and appointment procedures for the members of the board. Proposed law provides that all members shall serve without compensation. Proposed law requires that the board meet regularly each calendar quarter at a time and location designated by the board or any other time that the board deems appropriate, and requires the board to elect a chairman and any other officers as deemed necessary and appropriate. Proposed law requires the institute, through the board, to serve as the coordinator for the training of sheriffs in La. HLS 12RS-326 ORIGINAL HB NO. 408 Page 5 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law requires the institute to establish a new sheriff management course and a continuing education program prior to Dec. 31, 2012. Proposed law requires the institute to establish requirements for approval and accreditation of other training and continuing education programs sponsored or offered by the federal government, other states, and agencies outside the jurisdiction of the institute, cooperate with state and national sheriffs' associations and agencies in training programs, conduct research to improve the efficiency and function of the office of the sheriff and stimulate research by public and private agencies for that purpose, accept donations, contributions, grants, or gifts from individuals, foundations, and state or federal government, and contract with other persons as the board deems necessary for services, facilities, studies, or training. Proposed law requires that beginning Jan. 1, 2013, each person elected to the position of sheriff shall successfully complete the new sheriff management course not later than one year after his election, or in the event of a special election, during the next regularly scheduled new sheriff management course. Proposed law requires that beginning Jan. 1, 2013, each sheriff shall be required to complete 12 hours of continuing education as approved by the board within every 12-month period. Proposed law provides that a sheriff is eligible to receive a salary increase if the sheriff has completed the educational requirements required by proposed law and the legislature has established a salary increase for, and appropriated funds for salary increases for, district court judges as provided by present law. Proposed law authorizes the sheriff to receive the salary increase up to the amount he is eligible to receive as provided for in present law. (Adds R.S. 13:5631-5636)