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Regular Session, 2010
HOUSE BILL NO. 1492 (Substitute for House Bill No. 996 by Representative Tucker)
BY REPRESENTATIVE TUCKER
HIGHER EDUCATION: (Constitutional Amendment) Provides relative to the governance
of public postsecondary education
A JOINT RESOLUTION1
Proposing to amend Article VIII, Section 5(E) and to add Article VIII, Section 5(D)(6) of2
the Constitution of Louisiana, to provide relative to the governance of public3
postsecondary education; to provide for the powers of the Board of Regents and the4
postsecondary education management boards; to provide for submission of the5
proposed amendment to the electors; and to provide for related matters.6
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members7
elected to each house concurring, that there shall be submitted to the electors of the state of8
Louisiana, for their approval or rejection in the manner provided by law, a proposal to9
amend Article VIII, Section 5(E) and to add Article VIII, Section 5(D)(6) of the Constitution10
of Louisiana, to read as follows:11
§5. Board of Regents12
Section 5.13
* * *14
(D) Powers. The Board of Regents shall meet with the State Board of15
Elementary and Secondary Education at least twice a year to coordinate programs16
of public elementary, secondary, vocational-technical, career, and higher education.17
The Board of Regents shall have the following powers, duties, and responsibilities18
relating to public institutions of postsecondary education:19
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(6) To adopt any policy that it deems necessary or appropriate to govern1
postsecondary education in the state.2
(E) Powers Not Vested. Powers Subject to policies adopted by the Board of3
Regents, powers of management over public institutions of postsecondary education4
not specifically vested by this Section in the Board of Regents are reserved to the5
Board of Supervisors of Louisiana State University and Agricultural and Mechanical6
College, the Board of Supervisors of Southern University and Agricultural and7
Mechanical College, the Board of Trustees for State Colleges and Universities Board8
of Supervisors for the University of Louisiana System, the Board of Supervisors of9
Community and Technical Colleges, and any other such board created pursuant to10
this Article, as to the institutions under the control of each.11
Section 2. Be it further resolved that this proposed amendment shall be submitted12
to the electors of the state of Louisiana at the statewide election to be held on November 2,13
2010.14
Section 3. Be it further resolved that on the official ballot to be used at said election15
there shall be printed a proposition, upon which the electors of the state shall be permitted16
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall17
read as follows:18
To authorize the Board of Regents to adopt polices to govern postsecondary19
education and to provide that the postsecondary education management20
boards' powers to manage their institutions are subject to these policies.21
(Amends Article VIII, Section 5(E); Adds Article VIII, Section 5(D)(6))22
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. 1492
Abstract: Authorizes the Board of Regents to adopt any policy necessary or appropriate to
support and promote postsecondary education and provides that the management
boards' exercise of their reserved powers are subject to such Board of Regents
polices. HLS 10RS-4870 ENGROSSED
HB NO. 1492
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Present constitution establishes the Board of Regents to plan, coordinate, and have budgetary
responsibility for all public postsecondary education. Further provides that the board has
the following powers, duties, and responsibilities:
(1)To approve, modify, revise, or eliminate any degree program, department of
instruction, division, or similar subdivision.
(2)To study the need for and feasibility of creating a new institution, establishing a new
management board, and transferring a college or university from one board to
another.
(3)To formulate and make timely revision of a master plan, which at a minimum shall
include a formula for equitable distribution of funds to the institutions of
postsecondary education.
(4)To require that every postsecondary education board submit to it an annual budget
proposal for operational needs and for capital needs of each institution.
Proposed constitutional amendment retains present constitution and provides that the Board
of Regents shall adopt any policy that it deems necessary or appropriate to govern
postsecondary education in the state.
Present constitution creates the Board of Supervisors for the University of La. System, the
Board of Supervisors of La. State University and Agricultural and Mechanical College, and
the Board of Supervisors of Southern University and Agricultural and Mechanical College
all having supervision and management of certain "four-year" colleges and universities and,
in the case of the LSU and SU boards, statewide agricultural programs and other programs
administered through their systems. Present constitution creates and provides for the Board
of Supervisors of Community and Technical Colleges, which is the management board for
two-year colleges. Proposed constitutional amendment retains present constitution.
Present constitution provides that powers of management over public institutions of
postsecondary education not specifically vested by present constitution in the Board of
Regents are reserved to the management boards.
Proposed constitutional amendment provides that the exercise of such reserved powers are
subject to policies adopted by the Board of Regents.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 2, 2010.
(Amends Const. Art. VIII, §5(E); Adds Art. VIII, §5(D)(6))