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Regular Session, 2012
SENATE BILL NO. 97
BY SENATOR MORRELL AND REPRESENTATI VE ARNOLD
SHERIFFS. Creates the LA Sheriff's Executive Management Institute. (8/1/12)
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 and R.S. 36:4(B)(1)(ff); to create and3
provide relative to the Louisiana Sheriff's Executive Management Institute; to4
provide relative to the board of directors, their qualifications and appointment; to5
provide for Senate confirmation; to provide for the necessary conditions required to6
receive an increase in compensation; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Part IV of Chapter 35 of Title 13 of the Louisiana Revised Statutes of9
1950, comprised of R.S. 13:5631 through 5636 is hereby enacted to read as follows: 10
PART IV. LOUISIANA SHERIFF'S EXECUTIVE11
MANAGEMENT INSTITUTE12
§5631. Purpose13
It is the intent of the legislature in the exercise of the police power of the14
state to create a board to promote the public peace, by establishing training15
programs for sheriffs to provide management courses and skills to enhance the16
safety of the citizens of Louisiana and the enforcement of state laws.17 SB NO. 97
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§5632. Louisiana Sheriff's Executive Management Institute; creation; board;1
membership2
A. The Louisiana Sheriff's Executive Management Institute is hereby3
created within the office of the governor and shall be domiciled in the city of4
Baton Rouge.5
B. The Louisiana Sheriff's Executive Management Institute shall be6
governed by a board. The board shall be composed of five members, all of7
whom shall be United States citizens and residents of the state.8
C. The board shall consist of the following members:9
(1) Three members appointed by the governor from a list of six names10
submitted by the Louisiana Sheriffs' Association all of whom shall be current11
sheriffs.12
(2) The chief justice of the Louisiana Supreme Court or his designee.13
(3) The chairman of the Louisiana Peace Officers Standards and14
Training Council.15
D. The qualifications of each member of the board shall continue16
throughout the term in office. In the event a member should cease meeting the17
qualifications, his seat shall be declared vacant and the vacancy shall be filled18
pursuant to the same process as for the original appointment for the remainder19
of the unexpired term.20
E. The members of the board provided for in Subsection (C)(1) of this21
Section shall be appointed for a term of three years and shall continue to serve22
until reappointed or replaced. In the event of death or resignation of a member,23
a successor shall be appointed to serve the unexpired term for which the24
member had been appointed within thirty days pursuant to the same process as25
that used to make the original appointment.26
F. The appointments by the governor shall be subject to confirmation27
by the Senate.28
G. Members shall serve without compensation.29 SB NO. 97
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§5633. Meetings; quorum1
A. The board shall meet regularly each calendar quarter at such time2
and place as it may determine. 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 of5
the board as they may determine necessary and appropriate for the6
administration, implementation and enforcement of this Subpart.7
§5634. Functions; powers; duties8
A. The institute, by and through the board, shall serve as the9
coordinator for 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 program prior to December 31,13
2012.14
(2) Establish a sheriff's continuing education program prior to15
December 31, 2012.16
(3) Establish requirements for approval and accreditation of other17
training and continuing education programs sponsored or offered by the federal18
government, other states, and agencies outside the jurisdiction of the institute.19
(4) Cooperate with state and national sheriff's associations and agencies20
in training programs.21
(5) Conduct research to improve the efficiency and function of the office22
of the sheriff and stimulate research by public and private agencies for that23
purpose.24
(6) Accept donations, contributions, grants, or gifts from individuals,25
foundations, state or federal government.26
(7) Contract with other persons as the board deems necessary for27
services, facilities, studies, or training.28
§5635. Training29 SB NO. 97
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A. Beginning January 1, 2013, each person who has been elected to the1
position of sheriff shall successfully complete the new sheriff management2
program not later than one year after his election, or in the event of a special3
election, during the next regularly scheduled new sheriff management program.4
B. Beginning January 1, 2013, each sheriff shall be required to complete5
twelve hours of continuing education as approved by the board within every6
twelve-month period.7
§5636. Salary option8
A. A sheriff is eligible to receive a salary increase as provided for by the9
provisions of this Section if the following occur:10
(1) The sheriff has completed the training requirements provided for by11
this Subpart; and12
(2) The legislature has established a salary increase for, and13
appropriated funds for, salary increases for district court judges as provided by14
law.15
B. The sheriff may take the salary increase up to the amount he is16
eligible to receive as provided for in this Section.17
Section 2. R.S. 36:4(B)(1)(ff) is hereby enacted to read as follows:18
§4. Structure of executive branch of state government19
* * *20
B. The office of the governor shall be in the executive branch of state21
government.22
(1) The following agencies and their powers, duties, functions, and23
responsibilities are hereby transferred to the office of the governor:24
* * *25
(ff) The Louisiana Sheriff's Executive Management Institute (R.S.26
13:5631 - 56366).27
* * *28 SB NO. 97
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Proposed law creates the LA Sheriff's Executive Management Institute (LASEMI) in the
office of the governor. Proposed law requires LASEMI to be domiciled in the city of Baton
Rouge.
Proposed law provides for the composition of the LASEMI board as follows:
(1)Three members appointed by the governor from a list of six names submitted by the
LA Sheriffs' Association all of whom must be current sheriffs.
(2)The chief justice of the LA Supreme Court or his designee.
(3)The chairman of the LA Peace Officers Standards and Training Council.
Proposed law provides for the terms of office and the procedure for appointment and
replacement. Proposed law further provides Senate confirmation for gubernatorial
appointments.
Proposed law requires members to serve without compensation.
Proposed law requires quarterly board meetings and authorizes additional meetings as
appropriate. Proposed law requires four members to make a quorum.
Proposed law provides relative to the functions, powers, and duties of the board including
the mandatory establishment of both a new sheriff management program and a continuing
education program prior to December 31, 2012.
Proposed law requires that beginning January 1, 2013, each person elected sheriff must
successfully complete the new sheriff management program not later than one year after
taking office, or in the case of a special election, during the next scheduled program.
Proposed law requires that beginning January 1, 2013, each sheriff complete 12 hours of
continuing education within each 12-month period.
Proposed law authorizes an increase in compensation for those sheriffs who have
successfully completed the required training program if the legislature authorizes and
provides funding for state district court judges.
Effective August 1, 2012.
(Adds R.S. 13:5631- 5636 and R.S. 36:4(B)(1)(ff))