SLS 12RS-137 REENGROSSED Page 1 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2012 SENATE BILL NO. 97 BY SENATORS MORRELL, ALARIO, JOHNS, LAFLEUR AND GARY SMITH AND REPRESENTATIVE 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 SLS 12RS-137 REENGROSSED Page 2 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §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 Paragraph (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 SLS 12RS-137 REENGROSSED Page 3 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §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 foundations,25 the state or federal government, and donations, contributions, grants, or gifts26 in amounts of not more than two hundred dollars from any one individual.27 (7) Contract with other persons as the board deems necessary for28 services, facilities, studies, or training.29 SB NO. 97 SLS 12RS-137 REENGROSSED Page 4 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §5635. Training1 A. Beginning January 1, 2013, each person who has been elected to the2 position of sheriff shall successfully complete the new sheriff management3 program not later than one year after his election, or in the event of a special4 election, during the next regularly scheduled new sheriff management program.5 B. Beginning January 1, 2013, each sheriff shall be required to complete6 twelve hours of continuing education as approved by the board within every7 twelve-month period.8 §5636. Salary option9 A. A sheriff is eligible to receive a salary increase as provided for by the10 provisions of this Section if the following occur:11 (1) The sheriff has completed the training requirements provided for by12 this Part; and13 (2) The legislature has established a salary increase for, and14 appropriated funds for, salary increases for district court judges as provided by15 law.16 B. The sheriff may take the salary increase up to the amount he is17 eligible to receive as provided for in this Section.18 Section 2. R.S. 36:4(B)(1)(ff) is hereby enacted to read as follows:19 §4. Structure of executive branch of state government20 * * *21 B. The office of the governor shall be in the executive branch of state22 government.23 (1) The following agencies and their powers, duties, functions, and24 responsibilities are hereby transferred to the office of the governor:25 * * *26 (ff) The Louisiana Sheriff's Executive Management Institute (R.S.27 13:5631 et seq.).28 * * *29 SB NO. 97 SLS 12RS-137 REENGROSSED Page 5 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. The original instrument was prepared by Cathy Wells. The following digest, which does not constitute a part of the legislative instrument, was prepared by Jeanne Johnston. DIGEST Morrell (SB 97) 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 that the LASEMI board shall be composed of five members, all of whom shall be U.S. citizens and La. residents, 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 that the members appointed by the governor shall serve three-year terms and vacancies on the board shall be filled in the manner of original appointment. Further provides for Senate confirmation of gubernatorial appointments. Proposed law provides that members shall 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 that the institute, by and through the board, shall serve as the coordinator for the training of sheriffs in La. Proposed law provides relative to the functions, powers, and duties of the board and requires the board to: 1. Establish a new sheriff management program prior to December 31, 2012. 2. Establish a sheriff's continuing education program prior to December 31, 2012. 3. 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. 4. Cooperate with state and national sheriff's associations and agencies in training programs. 5. 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. 6. Accept donations, contributions, grants, or gifts from foundations, the state or federal government, and donations, contributions, grants, or gifts in amounts of not more than $200 from any one individual. 7. Contract with other persons as the board deems necessary for services, facilities, studies, or training. SB NO. 97 SLS 12RS-137 REENGROSSED Page 6 of 6 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 provides that a sheriff is eligible to receive a salary increase if the sheriff completes the required training program and the legislature authorizes and provides funding for salary increases for district court judges. Effective August 1, 2012. (Adds R.S. 13:5631- 5636 and R.S. 36:4(B)(1)(ff)) Summary of Amendments Adopted by Senate Senate Floor Amendments to engrossed bill. 1. Makes technical corrections to statutory citations. 2. Specifies that the institute cannot accept donations, contributions, grants, or gifts in amounts greater than $200 from any one individual.