Louisiana 2012 Regular Session

Louisiana Senate Bill SB97 Latest Draft

Bill / Chaptered Version

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Regular Session, 2012	ENROLLED
SENATE BILL NO. 97
BY SENATORS MORRELL, ALARIO, JOHNS, LAFLEUR AND GARY SMITH AND
REPRESENTATIVES ADAMS, ANDERS, ARMES, ARNOLD,
BADON, BERTHELOT, BILLIOT, BROSSETT, BROWN, HENRY
BURNS, CARMODY, CHANEY, COX, DIXON, DOVE, EDWARDS,
GAINES, GAROFALO, GI SCLAIR, HARRISON, HAZEL,
HENSGENS, HILL, HONORE, HOWARD, HUNTER, HUVAL,
KATRINA JACKSON, JAMES, JEFFERSON, JOHNSON, JONES,
KLECKLEY, TERRY LANDRY, LEGER, LEOPOLD, LOPINTO,
MACK, MORENO, JAY MORRIS, NORTON, PIERRE, PONTI,
PRICE, PYLANT, REYNOLDS, RITCHIE, SCHEXNAYDER,
SHADOIN, SMITH, THOMPSON, WHITNEY, ALFRED WILLIAMS,
PATRICK WILLIAMS AND WILLMOTT 
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
§5632.  Louisiana Sheriff's Executive Management Institute; creation; board;18
membership19
A. The Louisiana Sheriff's Executive Management Institute is hereby20
created within the office of the governor and shall be domiciled in the city of21
ACT No.  350 SB NO. 97	ENROLLED
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Baton Rouge.1
B. The Louisiana Sheriff's Executive Management Institute shall be2
governed by a board. The board shall be composed of five members, all of3
whom shall be United States citizens and residents of the state.4
C.  The board shall consist of the following members:5
(1)  Three members appointed by the governor from a list of six names6
submitted by the Louisiana Sheriffs' Association, all of whom shall be current7
sheriffs.8
(2) The chief justice of the Louisiana Supreme Court or his designee.9
(3) The chairman of the Louisiana Peace Officers Standards and10
Training Council.11
D. The qualifications of each member of the board shall continue12
throughout the term in office. In the event a member should cease meeting the13
qualifications, his seat shall be declared vacant and the vacancy shall be filled14
pursuant to the same process as for the original appointment for the remainder15
of the unexpired term.16
E.  The members of the board provided for in Paragraph (C)(1) of this17
Section shall be appointed for a term of three years and shall continue to serve18
until reappointed or replaced. In the event of death or resignation of a member,19
a successor shall be appointed to serve the unexpired term for which the20
member had been appointed within thirty days pursuant to the same process as21
that used to make the original appointment.22
F. The appointments by the governor shall be subject to confirmation23
by the Senate.24
G.  Members shall serve without compensation.25
§5633.  Meetings; quorum26
A. The board shall meet regularly each calendar quarter at such time27
and place as it may determine. The board may meet at such other times as it28
deems appropriate. Four members of the board shall constitute a quorum.29
B. The board shall annually elect a chairman and such other officers of30 SB NO. 97	ENROLLED
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the board as they may determine necessary and appropriate for the1
administration, implementation and enforcement of this Subpart.2
§5634.  Functions; powers; duties3
A. The institute, by and through the board, shall serve as the4
coordinator for the training of sheriffs in Louisiana.5
B. The institute, by and through the board, shall have the following6
functions, powers, and duties:7
(1) Establish a new sheriff management program prior to December 31,8
2012.9
(2) Establish a sheriff's continuing education program prior to10
December 31, 2012.11
(3) Establish requirements for approval and accreditation of other12
training and continuing education programs sponsored or offered by the federal13
government, other states, and agencies outside the jurisdiction of the institute.14
(4) Cooperate with state and national sheriff's associations and agencies15
in training programs.16
(5) Conduct research to improve the efficiency and function of the office17
of the sheriff and stimulate research by public and private agencies for that18
purpose.19
(6) Accept donations, contributions, grants, or gifts from foundations,20
the state or federal government, and donations, contributions, grants, or gifts21
in amounts of not more than two hundred dollars from any one individual.22
(7) Contract with other persons as the board deems necessary for23
services, facilities, studies, or training.24
§5635.  Training25
A. Beginning January 1, 2013, each person who has been elected to the26
position of sheriff shall successfully complete the new sheriff management27
program not later than one year after his election, or in the event of a special28
election, during the next regularly scheduled new sheriff management program.29
B. Beginning January 1, 2013, each sheriff shall be required to complete30 SB NO. 97	ENROLLED
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twelve hours of continuing education as approved by the board within every1
twelve-month period.2
§5636.  Salary option3
A. A sheriff is eligible to receive a salary increase as provided for by the4
provisions of this Section if both the following occur:5
(1) The sheriff has completed the training requirements provided for by6
this Part.7
(2) The legislature has established a salary increase for, and8
appropriated funds for, salary increases for district court judges as provided by9
law.10
B. The sheriff may take the salary increase up to the amount he is11
eligible to receive as provided for in this Section.12
Section 2.  R.S. 36:4(B)(1)(ff) is hereby enacted to read as follows:13
§4. Structure of executive branch of state government14
*          *          *15
B. The office of the governor shall be in the executive branch of state16
government.17
(1) The following agencies and their powers, duties, functions, and18
responsibilities are hereby transferred to the office of the governor:19
*          *          *20
(ff) The Louisiana Sheriff's Executive Management Institute (R.S.21
13:5631 et seq.).22
*          *          *23
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: