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Regular Session, 2012
HOUSE BILL NO. 818
BY REPRESENTATIVE ST. GERMAIN
BOARDS/COMMISSIONS: Creates the Louisiana Fire and Emergency Training
Commission within LSU and provides for its powers and duties
AN ACT1
To amend and reenact the heading of Part II-A of Title 40 of the Louisiana Revised Statutes2
of 1950 and R.S. 40:1541 and to enact R.S. 36:651(S) and R.S. 40:1541.1 through3
1541.3, relative to firemen training and certification; to create the Louisiana Fire and4
Emergency Training Commission within Louisiana State University and provide for5
its membership, powers, and duties; to provide for an effective date; and to provide6
for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 36:651(S) is hereby enacted to read as follows:9
§651. Transfer of boards, commissions, departments, and agencies to Department10
of Education; boards, commissions, and agencies within Department of11
Education12
* * *13
S. The Louisiana Fire and Emergency Training Commission (R.S. 40:154114
et seq.) is placed within Louisiana State University and shall be within the15
Department of Education as provided in R.S. 40:1541 et seq.16
Section 2. The heading of Part II-A of Title 40 of the Louisiana Revised Statutes of17
1950 and R.S. 40:1541 are hereby amended and reenacted and R.S. 40:1541.1 through18
1541.3 are hereby enacted to read as follows: 19 HLS 12RS-1342 ORIGINAL
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PART II-A. FIREMEN; TRAINING AND CERTIFICATION;1
LOUISIANA STATE UNIVERSITY2
LOUISIANA FIRE AND EMERGENCY TRAINING COMMISSION3
§1541. Louisiana State University; official agency for training ; through Louisiana4
Fire and Emergency Training Commission5
A. Louisiana State University is hereby officially designated as the agency6
of this state to conduct at its Baton Rouge campus training for in-service firemen on7
a statewide basis whereby in which firemen from any and all duly constituted fire8
departments may participate, and to coordinate other firemen training programs as9
provided in this Part; provided, however, that this. This Part shall not be construed10
as affecting the authority of any fire department to conduct training for their its own11
personnel.12
B. Louisiana State University shall direct performance of this function13
through the Louisiana Fire and Emergency Training Commission created by R.S.14
40:1541.1.15
§1541.1. Louisiana Fire and Emergency Training Commission; creation;16
membership; vacancies17
A. The Louisiana Fire and Emergency Training Commission, referred to in18
this Part as the "commission", is hereby created and shall be placed within Louisiana19
State University.20
B. The commission shall be composed of nine voting members as follows:21
(1) One member shall be the state fire marshal or his designee.22
(2) One member shall be the Louisiana State University-Baton Rouge23
chancellor or his designee.24
(3) The other seven members shall be appointed by the governor as follows:25
(a) Two members shall be representatives of the Louisiana State Firemen's26
Association appointed from a list of five nominations submitted by the association.27
(b) Two members shall be representatives of the Louisiana State Fire Chief's28
Association appointed from a list of five nominations submitted by the association.29 HLS 12RS-1342 ORIGINAL
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(c) Two members shall be representatives of the Professional Firefighters'1
Association of Louisiana appointed from a list of five nominations submitted by2
association.3
(d) One member shall be a Louisiana citizen with knowledge and experience4
in the field of fire and emergency services.5
C. A vacancy shall be filled in the manner of the original appointment. If6
any association nominating members does not submit the required list of names to7
the governor within thirty days after he requests such list, the governor may appoint8
any member of the association that was required to submit such list, in good9
standing, not already a commission member, to fill the vacancy. If any association10
nominating members becomes defunct and thus does not submit the required list, the11
governor may appoint a person from the fire service, in good standing, not already12
a commission member, to fill the vacancy.13
D.(1) Appointed commission members shall serve terms concurrent with the14
governor.15
(2) Appointed commission members shall serve without compensation or16
reimbursement for expenses.17
E. The commission, by a majority vote of the members, may expel a member18
for good cause shown. Good cause shall include but shall not be limited to three19
consecutive unexcused absences from a commission meeting.20
F. The commission annually, at the first meeting of the calendar year, shall21
elect from its members a chairman and vice chairman. The chairman and vice22
chairman shall serve as such for a period of one year from the date of election.23
G. Commission members shall be considered state officers for purposes of24
R.S. 9:2798.1 and Chapter 16-A of Subtitle III of Title 39 of the Louisiana Revised25
Statutes of 1950.26
§1541.2. Powers and duties27
A.(1) The commission shall have the powers and duties necessary and proper28
to enable it to carry out and enforce the provisions and objectives of this Part fully29 HLS 12RS-1342 ORIGINAL
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and effectively. The commission shall have the power to make and enforce all1
reasonable rules and regulations and to adopt and prescribe all forms necessary to2
accomplish such purpose. The enumeration of any power or authority in this Part3
shall not be construed to deny, impair, disparage, or limit any other power necessary4
to the attainment of such purpose.5
(2) All rules and regulations shall be adopted in accordance with the6
Administrative Procedure Act.7
B. Subject to the approval of Louisiana State University, the commission8
shall have the powers and duties necessary to carry out its purpose, which shall9
include but not be limited to the power and duty to:10
(1) Hire a qualified person to serve as executive director who shall have had11
sufficient management and organizational experience to direct the day-to-day12
operations of the training center. The commission shall fix the salary and shall13
define and prescribe the duties of the executive director.14
(2) Make recommendations to the legislature.15
(3) Conduct fire and emergency training.16
(4) Approve training curricula.17
(5) Manage funds and recover the cost of classes.18
C. The commission may employ such clerical, technical, legal, and other19
assistance and incur such expenses as may be necessary for the proper discharge of20
its duties under this Part.21
§1541.3. Meetings22
A. The commission shall meet at least once each month and such meetings23
shall be conducted in accordance with the Open Meetings Law. Other meetings may24
be called by the chairman on his own initiative and must be called by him at the25
request of three or more members of the commission within fourteen days of such26
request. Each member shall be notified by the chairman in writing of the time and27
place of the meeting at least seven days before the meeting. Any official decision28
of the commission may be made only by a vote of at least two-thirds of those29 HLS 12RS-1342 ORIGINAL
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members in attendance at the meeting provided that a quorum is established prior to1
a vote. A majority of members of the commission shall constitute a quorum.2
Section 3. This Act shall become effective on July 1, 2012; if vetoed by the governor3
and subsequently approved by the legislature, this Act shall become effective on July 1,4
2012, or on the day following such approval by the legislature, whichever is later.5
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)]
St. Germain HB No. 818
Abstract: Creates the Louisiana Fire and Emergency Training Commission within
Louisiana State University and provides for its membership, powers, and duties.
Present law designates LSU as the agency of the state to conduct (at its Baton Rouge
campus) training for in-service firemen on a statewide basis in which firemen from any and
all duly constituted fire departments may participate and to coordinate other firemen training
programs as otherwise provided in present law.
Proposed law creates the Louisiana Fire and Emergency Training Commission within LSU
and provides that LSU shall direct performance of present law functions through the
commission.
Proposed law provides that the commission shall have the following nine voting members;
(1)The state fire marshal or his designee.
(2)The Louisiana State University-Baton Rouge chancellor or his designee.
(3)Seven members appointed by the governor as follows:
(a)Two members to be representatives of the Louisiana State Firemen's
Association appointed from a list of five nominations submitted by the
association.
(b)Two members to be representatives of the Louisiana State Fire Chief's
Association appointed from a list of five nominations submitted by the
association.
(c)Two members to be representatives of the Professional Firefighters'
Association of Louisiana appointed from a list of five nominations submitted
by the association.
(d)One member who is a Louisiana citizen with knowledge and experience in
the field of fire and emergency services.
Proposed law requires that a vacancy be filled in the manner of the original appointment.
Provides that if any association nominating members does not submit the required names to
the governor within 30 days after he requests such list, the governor may appoint a member
of the association that was required to submit such list, in good standing, not already a HLS 12RS-1342 ORIGINAL
HB NO. 818
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commission member, to fill the vacancy. Provides if the list is not submitted because the
association has become defunct, the governor may appoint a member of the fire service, in
good standing, not already a commission member, to fill the vacancy.
Proposed law provides that appointed commission members serve terms concurrent with
the governor and without compensation or reimbursement for expenses. Authorizes the
commission, by a majority vote of the members, to expel a member for good cause shown,
including three consecutive unexcused absences from a commission meeting.
Proposed law requires the commission annually, at the first meeting of the calendar year,
to elect a chairman and vice chairman from the membership, who will serve one-year terms
from the date of election.
Proposed law provides that commission members shall be considered state officers for
purposes of R.S. 9:2798.1 (immunity from liability) and Chapter 16-A of Subtitle III of Title
39 of the Louisiana Revised Statutes of 1950 (risk management coverage).
Proposed law grants the commission the powers and duties necessary and proper to carry out
and enforce present and proposed law. Grants the commission power to make and enforce
all reasonable rules and regulations and to adopt and prescribe all forms necessary for such
purpose. Provides that the enumeration of any power or authority shall not be construed to
deny or limit any other powers necessary for such purpose. Requires that rulemaking be in
accordance with the Administrative Procedure Act.
Proposed law provides that, subject to LSU approval, the commission shall have powers and
duties necessary for its purposes, including the power and duty to:
(1)Hire a qualified person to serve as executive director with sufficient management and
organizational experience to direct training center operations. Requires the
commission to fix the executive director's salary and duties.
(2)Make recommendations to the legislature.
(3)Conduct fire and emergency training.
(4)Approve training curricula.
(5)Manage funds and recover the cost of classes.
Proposed law authorizes the commission to employ such clerical, technical, legal, and other
assistance and incur such expenses necessary for the proper discharge of its duties.
Proposed law requires the commission to meet at least monthly, subject to the Open
Meetings Law. Provides for other meetings called by the chairman on his own initiative and
requires the chairman to call a meeting at the request of three or more commission members
within 14 days of such request. Requires the chairman to notify each member in writing of
the time and place of the meeting at least seven days before the meeting. Requires the vote
of at least 2/3 of the members in attendance at a meeting for any official commission
decision provided that a quorum is established prior to a vote. Specifies that a majority of
members of the commission constitute a quorum.
Effective July 1, 2012.
(Amends the heading of Part II-A of Title 40 of the L.R.S. of 1950 and R.S. 40:1541; Adds
R.S. 36:651(S) and R.S. 40:1541.1-1541.3)