HLS 10RS-1052 ORIGINAL Page 1 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 1224 BY REPRESENTATIVE TUCKER HIGHER EDUCATION: Provides relative to the governance, management, and supervision of public institutions of postsecondary education AN ACT1 To enact Chapter 5-C of Title 17 of the Louisiana Revised Statutes of 1950, comprised of2 R.S. 17:1891 through 1893, and R.S. 17:3208 and to repeal R.S. 17:3121 through3 3124, relative to the governance of postsecondary education in Louisiana; to provide4 relative to the creation of the Louisiana University System Board of Trustees and to5 its duties, officers, and meetings; to provide relative to the abolition of the Board of6 Regents, the Board of Supervisors of Louisiana State University and Agricultural and7 Mechanical College, the Board of Supervisors of Southern University and8 Agricultural and Mechanical College, and the Board of Supervisors for the9 University of Louisiana System; to provide relative to the transfer of institutions,10 schools, programs, and other entities from the former boards to the Louisiana11 University System Board of Trustees; to provide for the powers and duties of the12 Louisiana University System Board of Trustees and the Board of Supervisors of the13 Community and Technical Colleges; to provide for implementation, transition, and14 the transfer of property, obligations, and legal proceedings; and to provide for related15 matters.16 Be it enacted by the Legislature of Louisiana:17 Section 1. Chapter 5-C of Title 17 of the Louisiana Revised Statutes of 1950,18 comprised of R.S. 17:1891 through 1893, and R.S. 17:3208 are hereby enacted to read as19 follows: 20 HLS 10RS-1052 ORIGINAL HB NO. 1224 Page 2 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. CHAPTER 5-C THE LOUISIANA UNIVERSITY SYSTEM BOARD OF TRUSTEES1 §1891. Louisiana University System Board of Trustees2 A. The Louisiana University System Board of Trustees is created as a body3 corporate as provided in Article VIII, Section 5 of the Constitution of Louisiana.4 B. The board shall:5 (1) Supervise and manage the public postsecondary education institutions6 assigned to its jurisdiction.7 (2) Participate as other education boards in the educational governance8 structure of the state.9 (3) Maximize the use of facilities, faculties, and other resources already in10 place to provide for the education and training of students and to increase access to11 such education and training.12 (4) Adopt practices and guidelines to provide for minimizing the number of13 administrators employed in its institutions and the proportion of the system budget14 allocated for costs associated with administration.15 (5) Continue development of articulation agreements between institutions16 under the management of the board and institutions managed by other postsecondary17 governing authorities, both public and private.18 (6) Cooperate and work together with the State Board of Elementary and19 Secondary Education to improve linkages and pathways between high schools and20 college.21 C. In accordance with Article VII, Section 2.1 of the Constitution of22 Louisiana, the board may equalize the tuition and registration fee amounts for online23 courses offered by the public postsecondary education institutions under its24 jurisdiction by setting a uniform tuition and registration fee for each such course in25 an amount up to the highest amount authorized by law for such courses. Such26 uniform tuition and registration fee amounts shall not be raised unless authorized by27 law.28 §1892. Meetings of board; quorum and vote for official action29 HLS 10RS-1052 ORIGINAL HB NO. 1224 Page 3 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. A. The board shall hold at least one regular meeting in each quarter of each1 calendar year. Other regular meetings and special meetings may be called and held2 as provided in the bylaws, or by any rule, regulation, or resolution adopted by the3 board. The board shall fix the time and determine the place of all meetings.4 B. Nine members of the board shall constitute a quorum for the transaction5 of official business. Official action of the board shall require the favorable vote of6 a majority of the members present and voting and, in any event, the favorable vote7 of at least seven members must be cast in favor of any such action. Voting by proxy8 is prohibited.9 §1893. Officers of the board10 A. The board shall elect from its membership a chairman and a vice11 chairman, who shall also be chairman-elect, and may elect such other officers as it12 may deem necessary. Each officer shall serve for a term of one year or until his13 successor is duly elected, qualified, and inducted into office.14 B. The chairman shall preside over all meetings of the board, and shall15 appoint the members of all committees. In the absence of the chairman, his duties16 shall be performed by the chairman-elect.17 C.(1) The secretary to the board shall be responsible for keeping the minutes18 of the meetings of the board and its committees and shall be the custodian of the seal19 of the system and of all the records of the board. The board shall appoint suitable20 persons, who are not members of the board, to act as its administrative secretary and21 its assistant administrative secretary. The administrative secretary shall have22 custody, under the supervision and control of the secretary, of the records of the23 board. The administrative secretary shall cause to be filed, indexed, and preserved24 the minutes, papers, and documents pertaining to the business, affairs, and25 proceedings of the board and of its committees.26 (2) Copies of all minutes, papers, and other documents of the board or of its27 committees may be certified to be true and correct copies thereof by the chairman,28 the secretary, the administrative secretary, or the assistant administrative secretary.29 HLS 10RS-1052 ORIGINAL HB NO. 1224 Page 4 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. * * *1 §3208. Postsecondary Management Coordination Committee2 A. There is hereby created the Postsecondary Management Coordination3 Committee, hereafter in this Section referred to as the "committee", the function of4 which is to resolve policy conflicts between the Louisiana University System Board5 of Trustees, hereafter in this Section referred to as the "board of trustees" and the6 Board of Supervisors of the Community and Technical Colleges, hereafter in this7 Section referred to as the "board of supervisors".8 B. The committee shall be comprised of three members of the board of9 supervisors selected by the board of supervisors, three members of the board of10 trustees, selected by the board of trustees, one member appointed by the governor,11 one member appointed by the speaker of the House of Representatives, and one12 member appointed by the president of the Senate.13 C.(1) The committee shall be appointed and convened, with all appropriate14 expedience, when the management boards cannot amicably resolve a conflict15 between themselves and upon a petition for appointment and convening from either16 the board of trustees or the board of supervisors. Such a petition shall clearly state17 the question or questions which the petitioning board believes the committee should18 answer in order to resolve the conflict. Such a petition shall be submitted to the19 governor, the speaker of the House of Representatives, the president of the Senate,20 and the other management board. The gubernatorial appointee shall convene the21 initial meeting of the committee as soon as practical after all members are appointed22 and shall serve as chairman of the committee. The number and occurrence of23 subsequent meetings shall be as approved by the committee.24 (2) The committee's authority when convened pursuant to a petition is solely25 to respond to the question or questions which the committee has been asked to26 answer as stated in the petition. The committee shall not meet and has no authority27 except pursuant to a petition as provided in this Section.28 HLS 10RS-1052 ORIGINAL HB NO. 1224 Page 5 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. D. Pursuant to Article VIII, Sections 5 and 7.1 of the Constitution of1 Louisiana, the management boards shall comply with all decisions of the committee.2 Section 2. R.S. 17:3121 through 3124 are hereby repealed in their entirety.3 Section 3.(A) On January 1, 2012, the Board of Supervisors of Louisiana State4 University and Agricultural and Mechanical College, the Board of Supervisors of Southern5 University and Agricultural and Mechanical College, the Board of Supervisors for the6 University of Louisiana System, and the Board of Regents are abolished. On January 1,7 2012, the Louisiana University System Board of Trustees is created.8 (B) For purposes of this Section, the Louisiana University System Board of Trustees9 shall be the "successor board" of the Board of Supervisors of Louisiana State University and10 Agricultural and Mechanical College, the Board of Supervisors of Southern University and11 Agricultural and Mechanical College, and the Board of Supervisors for the University of12 Louisiana System which are referred to in this Section as the "former boards" or individually13 as the "former board". The Louisiana University System Board of Trustees also shall be the14 "successor board" of the Board of Regents for all institutions, schools, programs, and other15 entities placed under the jurisdiction of the Louisiana University System Board of Trustees16 by this Act and the Board of Supervisors of Community and Technical Colleges shall be the17 "successor board"of the Board of Regents for all institutions, schools, programs, and other18 entities under the jurisdiction of the Board of Supervisors of Community and Technical19 Colleges. The Board of Regents shall be the "former board" for the respective successor20 board for institutions, schools, programs, and other entities placed under the jurisdiction of21 the respective former board.22 (C) On January 1, 2012, and thereafter, all unfinished business, references in laws23 and documents, employees, property, obligations, and books and records of each former24 board shall be transferred as provided in this Section. Upon the abolition of each former25 board, any pending or unfinished business of the former board shall be taken over and be26 completed by the respective successor board with the same power and authorization as that27 of the former board and the respective successor board shall be the successor in every way28 to the former board for the purpose of completing such business. Any reference in laws and29 HLS 10RS-1052 ORIGINAL HB NO. 1224 Page 6 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. documents to the former board shall be deemed to apply to the respective successor board.1 Any legal proceeding to which the former board is a party and which is filed, initiated, or2 pending before any court on the effective date of this Section, and all documents involved3 in or affected by said legal proceeding, shall retain their effectiveness and shall be continued4 in the name of the respective successor board. All further legal proceedings and documents5 in the continuation, disposition, and enforcement of such legal proceeding shall be in the6 name of the respective successor board, and the successor board shall be substituted for the7 former board without necessity for amendment of any document. This Act shall not be8 construed so as to impair the contractual or other obligations of the former boards or of the9 state of Louisiana. All obligations of each former board shall be the obligations of the10 respective successor board. The respective successor board shall be the successor in every11 way to the former board, including all of its obligations and debts. All funds heretofore12 dedicated by or under authority of the constitution and laws of this state or any of its13 subdivisions to the payment of any bonds issued for construction or improvements for any14 facility under the control of a former board shall continue to be collected and dedicated to15 the payment of those bonds, unless and until other provision is made for the payment of such16 bonds. In like manner, all other dedications and allocations of revenues and sources of17 revenues heretofore made shall continue in the same manner, to the same extent, and for the18 same purposes as were provided prior to the enactment of this Act, unless and until other19 provision is made therefor. This Act shall not be construed or applied in any way which will20 prevent full compliance by the state, or any department, office, or agency thereof, with the21 requirements of any Act of the Congress of the United States or any regulation made22 thereunder by which federal aid or other federal assistance has been or hereafter is made23 available. All books, papers, records, money, actions, and other property of every kind,24 movable and immovable, real and personal, heretofore possessed, controlled, or used by each25 former board are hereby transferred to the respective successor board. All employees26 heretofore engaged in the performance of duties of each former board, insofar as practicable27 and necessary are hereby transferred to the respective successor board and shall continue to28 perform the duties heretofore performed, subject to applicable state civil service laws, rules,29 HLS 10RS-1052 ORIGINAL HB NO. 1224 Page 7 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. and regulations and other applicable laws. Subject to such laws, positions in the unclassified1 service shall remain in the unclassified service.2 Section 4. Effective January 1, 2012, the Louisiana State Law Institute shall change3 references to the Board of Supervisors of Louisiana State University and Agricultural and4 Mechanical College, the Board of Supervisors of Southern University and Agricultural and5 Mechanical College, and the Board of Supervisors for the University of Louisiana System6 in the Louisiana Revised Statutes of 1950 (as amended) and in other laws of the state to the7 Louisiana University System Board of Trustees.8 Section 5. Effective January 1, 2012, the Louisiana State Law Institute shall change9 references to the Board of Regents in the Louisiana Revised Statutes of 1950 (as amended)10 and in other laws of the state to:11 (A) The Louisiana University System Board of Trustees, in provisions applicable to12 institutions, schools, programs, and other entities placed under the jurisdiction of the13 Louisiana University System Board of Trustees by this Act.14 (B) The Board of Supervisors of Community and Technical Colleges, in provisions15 applicable to institutions, schools, programs, and other entities under the jurisdiction of the16 Board of Supervisors of Community and Technical Colleges.17 (C) Both the Louisiana University System Board of Trustees and the Board of18 Supervisors of Community and Technical Colleges, in provisions that are applicable to19 institutions, schools, programs, and other entities under the jurisdiction of the Louisiana20 University System Board of Trustees and those under the jurisdiction of the Board of21 Supervisors of Community and Technical Colleges.22 Section 6. This Act shall take effect and become operative if and when the proposed23 amendment of Articles IV, VII, VIII, and XIV of the Constitution of Louisiana contained24 in the Act which originated as House Bill No. 996 of this 2010 Regular Session of the25 Legislature is adopted at a statewide election to be held in 2010, and becomes effective.26 HLS 10RS-1052 ORIGINAL HB NO. 1224 Page 8 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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)] Tucker HB No. 1224 Abstract: Provides with respect to the abolition of the Board of Regents and the "four- year" college management boards and the creation of the Louisiana University System Board of Trustees; all in accordance with a proposed constitutional amendment (House Bill 996). Proposed law provides relative to the Louisiana University System Board of Trustees, which is created by a proposed constitutional amendment. Provides relative to powers and duties and meetings and officers of the board. Proposed law creates the Postsecondary Management Coordination Committee, the function of which is to resolve policy conflicts between the Louisiana University System Board of Trustees and the Board of Supervisors of the Community and Technical Colleges. Provides that the coordination committee: (1)Is comprised of three members of the community and technical college board, three members of the university system board and one member appointed by the governor, one by the speaker of the House, and one by the president of the Senate. (2)Shall be appointed and convened when the proposed law management boards cannot amicably resolve a conflict between themselves and upon a petition for appointment and convening from either of the boards. Requires that the petition clearly state the question which the petitioning board believes the committee should answer to resolve the conflict. Such a petition shall be submitted to the governor, the speaker of the House of Representatives, the president of the Senate, and the other management board. (3)Shall be chaired by the governor's appointee who shall convene the first meeting; subsequent meetings shall be as approved by the committee. (4)Only has authority to respond to the question or questions asked in the petition. Pursuant to the proposed constitutional amendment, requires the management boards to comply with all decisions of the committee. Proposed law repeals provisions of present law relative to the creation, composition, and meetings of the Board of Regents. Proposed law provides that the Louisiana University System Board of Trustees is the successor of the Bd. of Supervisors of LSU A&M, the Bd. of Supervisors of SU A&M, and the Bd. of Supervisors for the UL System. Further provides that the Louisiana University System Bd. of Trustees is the successor of the Bd. of Regents for all institutions, schools, programs, and other entities placed under its jurisdiction and the Bd. of Supervisors of Community and Technical Colleges is the successor of the Bd. of Regents for all institutions, schools, programs, and other entities under its jurisdiction Effective if and when the proposed amendment of Articles IV, VII, VIII, and XIV of the Constitution of Louisiana contained in the Act which originated as House Bill No. 996 of this 2010 R.S. is adopted at a statewide election and becomes effective. HLS 10RS-1052 ORIGINAL HB NO. 1224 Page 9 of 9 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (Adds R.S. 17:1891 - 1893 and 3208; Repeals R.S. 17:3121 - 3124)