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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 538
BY SENATOR NEVERS
AN ACT1
To amend and reenact R.S. 17:3126(D)(2), 3128(A) and (B)(1), 3130(A) and (B)(1)(a), and2
3351(A)(introductory paragraph), relative to postsecondary education; to provide3
with respect to the powers, duties, and functions of the Board of Regents and the4
postsecondary education management boards; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 17:3126(D)(2), 3128(A) and (B)(1), 3130(A) and (B)(1)(a), and7
3351(A)(introductory paragraph) are hereby amended and reenacted to read as follows: 8
§3126. Power to disapprove; approve; or modify; service regions, establishment9
* * *10
D.11
* * *12
(2)(a) The Board of Regents shall evaluate the instructional and physical13
resources of such existing institutions within each region, including the resources of14
existing higher education institutions, and shall assure maximum use thereof before15
recommending the creation of any new postsecondary institution within the region.16
The Board of Regents may provide for the use within a region of existing resources17
from outside the region before recommending the creation of any new postsecondary18
institution within the region.19
(b) Such evaluation shall also be used by the board to create efficiencies,20
increase student access, enhance academic quality, further the goals established21
by the master plan for postsecondary education, and for any other purpose that22
will serve to advance postsecondary education in each region and the state as a23
whole.24
(c) With the exception of those matters enumerated in Article VIII,25
Section 5 of the Constitution of Louisiana that require legislative approval, the26
ACT No. 447 SB NO. 538 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Board of Regents shall adopt such policies and take such actions deemed1
appropriate and necessary to maximize the use of all resources available to2
support and promote postsecondary education in the state.3
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§3128. Power to formulate master plan; mission establishment5
A. The Board of Regents shall have the power to formulate and make timely6
revision of a master plan for higher postsecondary education. As a minimum, the7
plan shall include a formula for equitable distribution of funds to the institutions of8
higher postsecondary education. The board shall submit its plan and formula for9
funding to the governor and the legislature.10
B.(1) In cooperation After consultation with each higher postsecondary11
education management board, the chancellor, and the president of each public12
institution of higher postsecondary education, the Board of Regents shall devise,13
describe, and establish a mission for each public university system and for each14
institution within each system. Each mission statement shall be included in and form15
the basis of the master plan provided for in Subsection A of this Section. Initial16
mission statements shall be completed no later than January 15, 1989, shall be17
reviewed periodically, and shall be individually revised as often thereafter as is18
necessary to achieve and maintain the institutional balance necessary to diversity,19
access, and excellence.20
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§3130. Other powers22
A. All powers of management over public institutions of higher23
postsecondary education not specifically vested in the Board of Regents by Article24
VIII, Section 5 of the Constitution of Louisiana, are reserved to the Board of25
Supervisors of Louisiana State University and Agricultural and Mechanical College,26
the Board of Supervisors of Southern University and Agricultural and Mechanical27
College, the Board of Supervisors of Community and Technical Colleges, and the28
Board of Trustees for State Colleges and Universities, as to the institutions under the29
control of each.30 SB NO. 538 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B.(1)(a) All constitutional responsibilities of the Board of Regents, including1
the development of a formula for equitable distribution of funds, provisions of the2
master plan for postsecondary education, and any other board policy that is3
part of a statewide plan or has statewide application, shall apply to all public4
postsecondary institutions , including vocational-technical schools.5
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§3351. General powers, duties, and functions of college and university boards7
A. Subject only to the powers of the Board of Regents specifically8
enumerated in Article VIII, Section 5 of the Constitution of Louisiana, and as9
otherwise provided by law, each postsecondary system management board as a body10
corporate shall have authority to exercise power necessary to supervise and manage11
the day-to-day operations of institutions of postsecondary education under its12
control, including but not limited to the following:13
* * *14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: