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Regular Session, 2014
HOUSE BILL NO. 391
BY REPRESENTATIVE RICHARD
(On Recommendation of the Louisiana State Law Institute)
LOCAL GOVERNMENT: Relative to the revision of local government laws pursuant to
HCR No. 218 of the 2009 Regular Session, transfers the Law Enforcement Executive
Management Institute from the governor's office to the Dept. of Public Safety and
Corrections and provides for redesignation of provisions from Title 33 to Title 40
AN ACT1
To amend and reenact R.S. 33:2342(A), to enact R.S. 36:409(S), to repeal R.S.2
36:4(B)(1)(s), and to provide for redesignation of Subpart F of Part III of Chapter 43
of Title 33 of the Louisiana Revised Statutes of 1950, comprised of R.S. 33:23414
through 2345, relative to the Law Enforcement Executive Management Institute; to5
transfer the institute from the governor's office to the Department of Public Safety6
and Corrections; to direct the Louisiana State Law Institute to redesignate certain7
statutes; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 33:2342(A) is hereby amended and reenacted to read as follows: 10
§2342. Law Enforcement Executive Management Institute; creation; board;11
membership12
A. The Law Enforcement Executive Management Institute is hereby created13
within the office of the governor and as an executive branch agency within the14
Department of Public Safety and Corrections. The institute shall be domiciled in the15
city of Baton Rouge.16
* * *17
Section 2. R.S. 36:409(S) is hereby enacted to read as follows:18 HLS 14RS-1013 ORIGINAL
HB NO. 391
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§409. Transfer of agencies to Department of Public Safety and Corrections1
* * *2
S. The Law Enforcement Executive Management Institute and its board3
(R.S. 40:2411 et seq.) are transferred to the Department of Public Safety and4
Corrections and shall exercise and perform their powers, duties, functions, and5
responsibilities as provided by law.6
Section 3. R.S. 36:4(B)(1)(s) is hereby repealed in its entirety.7
Section 4.(A) The Louisiana State Law Institute shall redesignate Subpart F of Part8
III of Chapter 4 of Title 33 of the Louisiana Revised Statutes of 1950, R.S. 33:2341 through9
2345, including any amendments enacted at this 2014 Regular Session of the Legislature of10
Louisiana, as Chapter 18-A of Title 40 of the Louisiana Revised Statutes of 1950, R.S.11
40:2411 through 2415.12
(B) The Louisiana State Law Institute is further directed to make such technical13
changes in any citations as may be necessary to reflect the statutory redesignations made by14
the Louisiana State Law Institute as provided by this Section.15
(C) The redesignation of a statute as provided by this Section shall not affect the16
validity of the statute, and references to a statute as redesignated shall be valid; however, the17
redesignation of a statute as provided by this Section shall not invalidate a reference to the18
former citation of the redesignated statute.19
Section 5.(A) Sections 1 through 3 of this Act shall become effective on November20
1, 2014.21
(B) Section 4 of this Act and this Section shall become effective upon signature of22
this Act by the governor or, if this Act is not signed by the governor, upon expiration of the23
time for bills to become law without signature by the governor, as provided by Article III,24
Section 18 of the Constitution of Louisiana. If this Act is vetoed by the governor and25
subsequently approved by the legislature, Section 4 of this Act and this Section shall become26
effective on the day following such approval.27 HLS 14RS-1013 ORIGINAL
HB NO. 391
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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)]
Richard HB No. 391
Abstract: Pursuant to HCR No. 218 of the 2009 R.S. (which requested the La. State Law
Institute to study and propose a revised codification of Title 33 of the La. Revised
Statutes of 1950), directs the La. State Law Institute to redesignate provisions for the
Law Enforcement Executive Management Institute from Title 33 to Title 40 and
transfers the institute from the governor's office to the Dept. of Public Safety and
Corrections.
Present law (R.S. 33:2341 et seq.) creates the Law Enforcement Executive Management
Institute and its board in the office of the governor. Provides for board membership, for
staggered two-year terms, and for officers and meetings. Provides that members serve
without compensation. Provides that the institute, by and through the board, serves as the
coordinator for the training of chiefs of police in Louisiana (does not apply to the
superintendent of the La. State Police, sheriffs, and constables.) Requires the institute, by
and through the board, to:
(1)Establish a new chief of police development course prior to Dec. 31, 2011.
(2)Establish a chief of police continuing education program prior to Dec. 31, 2011.
(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 municipal, parish, special district, state, and federal law enforcement
agencies in training programs.
(5)Conduct research to improve law enforcement and police administration and
stimulate research by public and private agencies for that purpose.
(6)Accept donations, contributions, grants, or gifts from individuals, foundations, state
or federal government.
(7)Contract with other persons as the board deems necessary for services, facilities,
studies, or training.
Present law (subject to appropriation of sufficient funds by the legislature) requires that each
municipal chief of police (except a chief elected or appointed prior to Jan. 1, 2004)
successfully complete the New Chief Management Course not later than one year after
election or appointment. Requires each municipal chief of police (except a chief with
continuous service from Jan. 1, 1983) to complete 24 hours of continuing education as
approved by the board within every 24-month period. Provides that failure to comply with
these requirements will result in forfeiture of supplemental pay benefits. Specifies that these
requirements also apply to every nonmunicipal chief of police elected or appointed to the
position as chief on or after Jan. 1, 2012. (Nonmunicipal chief of police includes any chief
of police of a board, authority, commission, department, office, division, or agency of the
state or any of its political subdivisions, but not the chief of police of a municipal police
department.) Provisions do not apply to the superintendent of the La. State Police, sheriffs,
and constables. HLS 14RS-1013 ORIGINAL
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Proposed law, retains present law, except transfers the institute and its board from the office
of the governor to the Dept. of Public Safety and Corrections. Specifies that the institute and
the board are executive branch agencies.
Proposed law also directs the La. State Law Institute to redesignate present law from Title
33 of the La. Revised Statutes of 1950 (Municipalities and Parishes) to Title 40 of the La.
Revised Statutes (Public Health and Safety).
Effective Nov. 1, 2014, except provisions for redesignation of statutes are effective upon
signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 33:2342(A); Adds R.S. 36:409(S); Repeals R.S. 36:4(B)(1)(s)) (Provides for
redesignation of Subpart F of Part III of Chapter 4 of Title 33 of the Louisiana Revised
Statutes of 1950, R.S. 33:2341-2345 to Chapter 18-A of Title 40 of the Louisiana Revised
Statutes of 1950, R.S. 40:2411-2415)