Louisiana 2010 Regular Session

Louisiana Senate Bill SB746 Latest Draft

Bill / Chaptered Version

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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. 746
BY SENATOR JACKSON 
AN ACT1
To amend and reenact R.S. 17:3129(C) and (E), and 3130(B)(1), and R.S. 39:28(C) and2
32.1, and to enact R.S. 17:3129(F), relative to postsecondary education; to provide3
relative to funding institutions of postsecondary education; to provide for the powers4
of the Board of Regents; to provide relative to budget request forms; to require that5
the formula adopted by the Board of Regents be reported to certain legislative6
committees; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  R.S. 17:3129(C) and (E), and 3130(B)(1) are hereby amended and9
reenacted and R.S. 17:3129(F) is hereby enacted to read as follows: 10
§3129. Power to recommend budget11
*          *          *12
C. The legislature shall appropriate funds for the operating and administrative13
expenses of the state boards created by or pursuant to Article VIII of the Constitution14
of Louisiana. Appropriations for the institutions of higher postsecondary education15
shall be made to their managing boards. The funds appropriated shall be16
administered by the managing boards and used solely as provided by law.17
*          *          *18
E. The Board of Regents shall formulate and adopt a formula for distribution19
of funds appropriated by the legislature for deferred maintenance. This formula shall20
be effective for all institutions of higher postsecondary education and shall give21
priority to those institutions with preventive maintenance programs.22
F. Any formula formulated and adopted by the Board of Regents for23
funding institutions of postsecondary education in the ensuing year as provided24
in this Section shall be annually reported to the Senate Committee on25
ACT No. 899 SB NO. 746	ENROLLED
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Education, the Senate Committee on Finance, the House Committee on1
Education, and the House Committee on Appropriations, not later than March2
fifteenth of each year.3
*          *          *4
§3130.  Other powers5
*          *          *6
B.(1)(a) All constitutional responsibilities of the Board of Regents, including7
the development of a formula for equitable distribution of funds, shall apply to all8
public postsecondary 	education institutions, including vocational-technical schools.9
(b) Not later than the convening of the 1999 Regular Session, the Board of10
Regents shall submit to the legislature a proposal for full funding of the funding11
formula for higher and postsecondary education to be completed over a five-year12
period beginning not later than the fall of 1999, including provisions for equitable13
distribution of funds included in the formula.14
(b) Beginning with Fiscal Year 2011-2012, such formula for the ensuing15
year shall be annually reported to the Senate Committee on Education, the16
Senate Committee on Finance, the House Committee on Education, and the17
House Committee on Appropriations, not later than March fifteenth of each18
year.19
*          *          *20
Section 2. R.S. 39:28(C) and 32.1 are hereby amended and reenacted to read as21
follows:22
§28. Forms for the budget request23
*          *          *24
C. Notwithstanding the provisions of Subsections A and B of this Section, for25
each higher postsecondary education system, institution, or budget unit which is26
funded or which is proposed by the Board of Regents to be funded through the higher27
education funding formula for the ensuing fiscal year, the forms to be used for28
budget requests shall be as provided in R.S. 39:32.1.29
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words in boldface type and underscored are additions.
§32.1. Budget request forms, content, and submission; higher postsecondary1
education formula funded agencies2
A. The provisions of this Section shall apply to each 	higher postsecondary3
education agency, which may include systems, institutions, or budget units, which4
is funded or proposed by the Board of Regents to be funded through the higher5
education funding formula in the ensuing fiscal year.6
B. The format and content of the annual operating budget, the operational7
plan, and the budget request to be used by higher postsecondary education agencies8
shall be prescribed by the Board of Regents, subject to the provisions of this Section9
and the approval of the division of administration, and shall be developed in10
consultation with the chairmen of and the House Committee on Appropriations and11
Senate Committee on Finance. The Board of Regents shall transmit to each such12
agency a complete set of forms to be used and provide instructions and consultation13
on the proper method of completing the forms.14
C. Each higher postsecondary education agency shall prepare an annual15
operating budget, which shall be subject to approval by both the appropriate16
management board and the Board of Regents.  The operating budget shall contain,17
at a minimum, budgetary information on prior year actual revenues and expenditures18
and current year budgeted revenues and expenditures, and the budgetary information19
as provided in R.S. 39:32(C) through (H) for the prior and current fiscal years.20
D. Each higher postsecondary education agency shall prepare an annual21
operational plan for the purposes of the budget request. The operational plan for any22
such agency, to the maximum extent practicable, shall be consistent with the23
agency's strategic plan required by R.S. 39:31 and the master plan for higher24
postsecondary education required by Article VIII, Section 5(D)(4) of the25
Constitution of Louisiana. The plan shall include information relative to the specific26
performance evaluation and functional accountability provisions of the funding27
formula.  The plan shall include a current statement of the agency's mission and its28
goals, objectives, performance indicators, and activities, as well as a detailed plan29
of its operations. The plan shall be used by the division of administration in the30 SB NO. 746	ENROLLED
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development of the executive budget and supporting document in order to ensure that1
performance standards are consistent with the financial plan for the fiscal year.2
E. The Board of Regents shall submit to the governor the budget request for3
each higher postsecondary education agency which is proposed to be funded4
through the higher education funding formula for the ensuing year.5
F. The budget request submitted by the Board of Regents shall consist of the6
current approved annual operating budget and the operational plan for each higher7
postsecondary education agency, and a funding request for the agency under the8
higher education funding formula most recently adopted by the Board of Regents9
and reported to the legislature.10
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: