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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
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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
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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
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* * *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
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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
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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
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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
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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)]
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
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(Adds R.S. 17:1891 - 1893 and 3208; Repeals R.S. 17:3121 - 3124)