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Regular Session, 2011
SENATE BILL NO. 128
BY SENATOR DORSEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
POSTSECONDARY ED. Constitutional Amendment to provide exclusive authority to
Board of Supervisors for Community and Technical Colleges over programs of public
postsecondary vocational-technical training and institutions of higher education offering
associate degrees but not baccalaureate degrees. (2/3 - CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article VIII, Section 5(A), the introductory paragraph of Section 5(D),2
Section 5(D)(3), (4) and (5), and Section 7.1(A) all of the Constitution of Louisiana,3
relative to the authority of the Board of Supervisors of Community and Technical4
Colleges; to provide for exclusive authority of the Board of Supervisors of5
Community and Technical Colleges over programs of public postsecondary6
vocational-technical training and institutions of higher education offering associate7
degrees but not baccalaureate degrees; and to specify an election for submission of8
the proposition to electors and provide a ballot proposition.9
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members10
elected to each house concurring, that there shall be submitted to the electors of the state, for11
their approval or rejection in the manner provided by law, a proposal to amend Article VIII,12
Section 5(A), the introductory paragraph of Section 5(D), Section 5(D)(3), (4) and (5), and13
Section 7.1(A) all of the Constitution of Louisiana, to read as follows:14
§5. Board of Regents15
Section 5.(A) Creation; Functions. The Board of Regents is created as a body16
corporate. It shall plan, coordinate, and have budgetary responsibility for all public17 SB NO. 128
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postsecondary education, except for those institutions under the authority of the1
Board of Supervisors of Community and Technical Colleges as provided in2
Section 7.1 of this Article, and except as provided in Section 7.1 of this Article,3
shall have other powers, duties, and responsibilities provided in this Section or by4
law.5
* * *6
(D) Powers. The Board of Regents, or the Board of Supervisors of7
Community and Technical Colleges as to programs under the authority of the8
Board of Supervisors, shall meet with the State Board of Elementary and Secondary9
Education at least twice a year to coordinate programs of public elementary,10
secondary, vocational-technical, career, and higher education. The Board of Regents11
shall have the following powers, duties, and responsibilities relating to public12
institutions of postsecondary education , except as to those institutions under the13
authority of the Board of Supervisors of Community and Technical Colleges:14
* * *15
(3)(a) To Except as to institutions under the authority of the Board of16
Supervisors of Community and Technical Colleges, to study the need for and17
feasibility of creating a new institution of postsecondary education, which includes18
establishing a branch of such an institution or converting any non-degree granting19
institution to an institution which grants degrees or converting any college or20
university which is limited to offering degrees of a lower rank than baccalaureate to21
a college or university that offers baccalaureate degrees or merging any institution22
of postsecondary education into any other institution of postsecondary education,23
establishing a new management board, and transferring a college or university from24
one board to another.25
(b) If the creation of a new institution, the merger of any institutions, the26
addition of another management board, or the transfer of an existing institution of27
higher education from one board to another is proposed, the Board of Regents or the28
Board of Supervisors of Community and Technical Colleges as to those29 SB NO. 128
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institutions under its authority, shall report its written findings and1
recommendations to the legislature within one year. Only after the report has been2
filed, or after one year from the receipt of a request for a report from the legislature3
if no report is filed, may the legislature take affirmative action on such a proposal4
and then only by law enacted by two-thirds of the elected members of each house.5
(4) To Except as to institutions under the authority of the Board of6
Supervisors of Community and Technical Colleges, to formulate and make timely7
revision of a master plan for postsecondary education. As a minimum, the plan shall8
include a formula for equitable distribution of funds to the institutions of9
postsecondary education.10
(5) To Except as to institutions under the authority of the Board of11
Supervisors of Community and Technical Colleges, to require that every12
postsecondary education board submit to it, at a time it specifies, an annual budget13
proposal for operational needs and for capital needs of each institution under the14
control of each board. The Board of Regents shall submit its budget15
recommendations for all institutions of postsecondary education in the state, except16
as to institutions under the authority of the Board of Supervisors of Community17
and Technical Colleges. It shall recommend priorities for capital construction and18
improvements.19
* * *20
§7.1. Board of Supervisors of Community and Technical Colleges21
Section 7.1.(A) Creation; Powers; Institutions; Divisions. (1) The Board of22
Supervisors of Community and Technical Colleges is created as a body corporate to23
manage the Louisiana Community and Technical College System subject to powers24
vested by this Article in the Board of Regents. The system shall include all programs25
of public postsecondary vocational-technical training, and, as provided by law,26
institutions of higher education which offer associate degrees but not baccalaureate27
degrees and such programs and institutions shall be supervised and managed by the28
board. The system shall be comprised of two divisions, the vocational-technical29 SB NO. 128
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division which shall include all public postsecondary vocational-technical schools1
and the community college division which shall include the community colleges in2
the system.3
* * *4
Section 2. Be it further resolved that this proposed amendment shall be submitted5
to the electors of the state of Louisiana at the gubernatorial primary election to be held on6
October 22, 2011.7
Section 3. Be it further resolved that on the official ballot to be used at said election8
there shall be printed a proposition, upon which the electors of the state shall be permitted9
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall10
read as follows:11
To provide for exclusive authority of the Board of Supervisors of12
Community and Technical Colleges over programs of public postsecondary13
vocational-technical training and those institutions of higher education14
offering associate degrees but not baccalaureate degrees.15
(Amends Article VIII, Section 5(A), (D)(intro para), (3), (4) and (5), and16
Section 7.1(A))17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
Present constitution creates the Board of Supervisors of Community and Technical (Board
of Supervisors) to manage the Louisiana Community College System. Requires that they
include all programs of public postsecondary vocational-technical training and institutions
of higher education which offer associate degrees but not baccalaureate degrees. Requires
that the system be comprised of two divisions: the vocational-technical division which
includes all public postsecondary vocational-technical schools and the community college
division which includes the community colleges. Provides that all such programs and
institutions be supervised and managed by the Board of Supervisors subject to powers vested
in the Board of Regents.
Proposed constitutional amendment retains these provisions but removes requirement that
the Board of Supervisors supervise and manage its programs and institutions subject to the
powers vested in the Board of Regents.
Present constitution requires the Board to meet with the State Board of Elementary and
Secondary Education at least twice a year to coordinate programs of public elementary,
secondary, vocational-technical, career, and higher education. SB NO. 128
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Proposed constitutional amendment retains these provisions but requires that the Board of
Supervisors perform this function as to those programs under its authority.
Present constitution requires that the Board of Regents have certain powers, duties, and
responsibilities relating to public institutions of postsecondary education. Proposed
constitutional amendment retains this authority with the Board of Regents but only as to
those institutions not under the authority of the Board of Supervisors. These powers, duties,
and responsibilities as to institutions under the authority of the Board of Supervisors of
Community and Technical Colleges include studying the need and feasibility of creating new
institutions of postsecondary education, including the establishing of branch institutions or
converting non-degree granting institutions to institutions that grant degrees; converting a
college or university limited to offering lower rank degrees to a college or university that
offers baccalaureate degrees; merging any institutions of postsecondary education; making
written reports and recommendations as to the creation of new or merger of institutions; the
formulation and revision of a master plan for postsecondary education, including a formula
for equitable distribution of funds to the institutions of postsecondary education; and the
submission of an annual budget proposal for operational needs and capital needs.
Specifies submission of the amendment to the voters at the statewide election to be held on
October 22, 2011.
(Amends Const. Art. VIII, Sec. 5(A), (D)(intro para), (3), (4) and (5), and Sec. 7.1(A))