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Regular Session, 2011
SENATE BILL NO. 140
BY SENATOR APPEL
POSTSECONDARY ED. Constitutional Amendment to abolish the Board of Regents and
the postsecondary management boards and transfer their powers, duties, and responsibilities
to a newly created La. Postsecondary Education Board of Trustees. (2/3 - CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article IV, Section 22(A), Article VII, Sections 10.1(C)(1) and (3) and2
(D)(1)(introductory paragraph) and 10.4(B)(1), (3), and (4), and Article VIII,3
Sections 5 and 16, to add Part IV of Article XIV, to be comprised of Section 41, and4
to repeal Article VIII, Sections 6, 7, 7.1, 8(B), and 12 of the Constitution of5
Louisiana, to provide for the governance of public postsecondary education; to create6
the Louisiana Postsecondary Education Board of Trustees; to abolish the Board of7
Regents and the postsecondary education management boards and transfer their8
powers, duties, and responsibilities to the board of trustees; to provide relative to the9
operation and management of public hospitals by the board of trustees; to provide10
relative to the procedures by which changes are to be made in the structure and11
organization of postsecondary education institutions and governance; and to provide12
for related matters.13
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members14
elected to each house concurring, that there shall be submitted to the electors of the state of15
Louisiana, for their approval or rejection in the manner provided by law, a proposal to16
amend Article IV, Section 22(A) of the Constitution of Louisiana, to read as follows:17 SB NO. 140
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§22. Term Limits; Certain Boards and Commissions1
(A) A person who has served as a member of any one or more of the2
following boards or commissions for more than two and one-half terms in three3
consecutive terms combined shall not serve as a member of any of the following4
boards or commissions for a period of at least two years after the completion of such5
consecutive terms of service:6
(1) The Public Service Commission.7
(2) The State Board of Elementary and Secondary Education.8
(3) The Board of Regents Louisiana Postsecondary Education Board of9
Trustees.10
(4) The Board of Supervisors for the University of Louisiana System.11
(5) The Board of Supervisors of Louisiana State University and Agricultural12
and Mechanical College.13
(6) The Board of Supervisors of Southern University and Agricultural and14
Mechanical College.15
(7) The Board of Supervisors of Community and Technical Colleges.16
(8) The Forestry Commission.17
(9) (5) The State Civil Service Commission.18
(10) (6) The State Police Commission.19
* * *20
Section 2. Be it resolved by the Legislature of Louisiana, two-thirds of the members21
elected to each house concurring, that there shall be submitted to the electors of the state of22
Louisiana, for their approval or rejection in the manner provided by law, a proposal to23
amend Article VII, Section 10.1(C)(1) and (3) and (D)(1)(introductory paragraph) and24
10.4(B)(1), (3), and (4) of the Constitution of Louisiana, to read as follows:25
§10.1. Quality Trust Fund; Education26
Section 10.1.27
* * *28
(C) Reports; Allocation. (1) The State Board of Elementary and Secondary29 SB NO. 140
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Education and the Board of Regents Louisiana Postsecondary Education Board1
of Trustees shall annually submit to the legislature and the governor not less than2
sixty days prior to the beginning of each regular session of the legislature a proposed3
program and budget for the expenditure of the monies in the Support Fund.4
Proposals for such expenditures shall be designed to improve the quality of education5
and shall specifically designate those monies to be used for administrative costs, as6
defined and authorized by law.7
* * *8
(3) The legislature shall appropriate the total amount intended for higher9
educational purposes to the Board of Regents Louisiana Postsecondary Education10
Board of Trustees and the total amount intended for elementary and secondary11
educational purposes to the State Board of Elementary and Secondary Education12
which boards shall allocate the monies so appropriated to the programs as previously13
approved by the legislature.14
* * *15
(D) Disbursement; Higher Education and Elementary and Secondary16
Education.17
(1) The treasurer shall disburse not more than fifty percent of the monies in18
the Support Fund as that money is appropriated by the legislature and allocated by19
the Board of Regents Louisiana Postsecondary Education Board of Trustees for20
any or all of the following higher educational purposes to enhance economic21
development:22
* * *23
§10.4. Higher Education Louisiana Partnership Fund; Program24
Section 10.4.25
* * *26
(B) Higher Education Louisiana Partnership Program. (1) Upon27
appropriation by the legislature, the monies in the fund shall be divided into28
matching grants for the Higher Education Louisiana Partnership Program which shall29 SB NO. 140
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be administered by the Board of Regents Louisiana Postsecondary Education1
Board of Trustees. The Board of Regents board may allocate program funds to2
each public or independent institution of higher education on a one to one and3
one-half matching basis or one twenty thousand dollar state matching grant for each4
thirty thousand dollars raised specifically for the purposes of participation in the5
Higher Education Louisiana Partnership Program by the institutions of higher6
education from private sources. The state matching portion shall be allocated by the7
Board of Regents Louisiana Postsecondary Education Board of Trustees only8
after it determines that an eligible institution has accumulated not less than the9
minimum required amount from private sources for the purposes of the Higher10
Education Louisiana Partnership Program.11
* * *12
(3) State matching funds shall be applied only to private source funds13
contributed after July 1, 1991, and pledged for the purposes of this Section as14
certified by the Board of Regents Louisiana Postsecondary Education Board of15
Trustees. Pledged contributions shall not be eligible for state matching funds prior16
to their actual collection.17
(4) Each institution of higher education may establish its own Higher18
Education Louisiana Partnership Program fund as a depository for private19
contributions and state matching funds as provided herein. The state matching funds20
allocated by the Board of Regents Louisiana Postsecondary Education Board of21
Trustees shall be transferred to an institution upon notification that the institution22
has received and deposited the necessary private contributions in its own Higher23
Education Louisiana Partnership Program fund.24
* * *25
Section 3. Be it resolved by the Legislature of Louisiana, two-thirds of the members26
elected to each house concurring, that there shall be submitted to the electors of the state of27
Louisiana, for their approval or rejection in the manner provided by law, a proposal to28
amend Article VIII, Sections 5 and 16 of the Constitution of Louisiana, to read as follows:29 SB NO. 140
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§5. Board of Regents Louisiana Postsecondary Education Board of Trustees1
Section 5.(A) Creation; Functions. The Board of Regents Louisiana2
Postsecondary Education Board of Trustees, referred to in this Section as the3
board or the Board of Trustees, is created as a body corporate. It shall plan,4
coordinate, supervise, manage, and have budgetary responsibility for all public5
postsecondary education. and The board shall have other powers, duties, and6
responsibilities provided in this Section or by law.7
(B)(1) Membership; Terms. The board shall be composed of two members8
from each congressional district and one from the state at large appointed by the9
governor, with consent of the Senate, for overlapping terms of six years, following10
initial terms which shall be fixed by law. The board should be representative of the11
state's population by race and gender to ensure diversity. Members serving on a12
date when a change in congressional districts becomes effective shall complete13
their terms and successors shall be appointed as provided in this Subparagraph.14
(2) No person who has served as a member of the board for more than two15
and one-half terms in three consecutive terms shall be appointed to the board for the16
succeeding term. This Subparagraph shall not apply to any person appointed to the17
board prior to the effective date of this Subparagraph, except that it shall apply to any18
term of service of any such person that begins after such date.19
(3) The legislature may provide for the membership of one student on20
the board. The term of a student member shall not exceed one year, and no21
student member shall be eligible to succeed himself. A student member shall22
have all of the privileges and rights of other board members.23
(C) Vacancy. A vacancy occurring prior to the expiration of a term shall be24
filled for the remainder of the unexpired term by appointment by the governor, with25
consent of the Senate.26
(D) Powers. The Board of Regents Trustees shall meet with the State Board27
of Elementary and Secondary Education at least twice a year to coordinate programs28
of public elementary, secondary, vocational-technical, career, and higher education.29 SB NO. 140
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The Board of Regents Trustees shall have the following powers, duties, and1
responsibilities relating to public institutions of postsecondary education:2
(1) To revise or eliminate an existing degree program, department of3
instruction, division, or similar subdivision.4
(2) To approve, disapprove, or modify a proposed degree program,5
department of instruction, division, or similar subdivision.6
(3)(a) To study the need for and feasibility of creating a new institution of7
postsecondary education, which includes establishing a branch of such an institution8
or converting any non-degree granting institution to an institution which grants9
degrees or converting any college or university which is limited to offering degrees10
of a lower rank than baccalaureate to a college or university that offers baccalaureate11
degrees or merging any institution of postsecondary education into any other12
institution of postsecondary education, establishing a new management board, and13
transferring a college or university from one board to another.14
(b) If the creation of a new institution, or the merger of any institutions, the15
addition of another management board, or the transfer of an existing institution of16
higher education from one board to another is proposed, the Board of Regents17
Trustees shall report its written findings and recommendations to the legislature18
within one year. Only after the report has been filed, or after one year from the19
receipt of a request for a report from the legislature if no report is filed, may the20
legislature take affirmative action on such a proposal and then only by law enacted21
by two-thirds of the elected members of each house.22
(4) To formulate and make timely revision of a master plan for23
postsecondary education. As a minimum, the plan shall include a formula for24
equitable distribution of funds to the institutions of postsecondary education.25
(5) To require that every postsecondary education board institution submit26
to it, at a time it specifies, an annual budget proposal for its operational needs and27
for capital needs of each institution under the control of each board. The Board of28
Regents Trustees shall submit its budget recommendations for all institutions of29 SB NO. 140
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postsecondary education in the state. It shall recommend priorities for capital1
construction and improvements.2
(E) Powers Not Vested. Powers of management over public institutions of3
postsecondary education not specifically vested by this Section in the Board of4
Regents are reserved to the Board of Supervisors of Louisiana State University and5
Agricultural and Mechanical College, the Board of Supervisors of Southern6
University and Agricultural and Mechanical College, the Board of Trustees for State7
Colleges and Universities, the Board of Supervisors of Community and Technical8
Colleges, and any other such board created pursuant to this Article, as to the9
institutions under the control of each. Appropriations. Appropriations for the10
institutions of public postsecondary education and for all other public11
postsecondary education purposes shall be made to and administered by the12
Board of Trustees and shall be used solely as provided by law.13
* * *14
§16. Public Hospitals15
Section 16. Notwithstanding any provision of this Article to the contrary, the16
legislature may provide by law for the supervision, operation, and management of17
public hospitals and their programs by the Louisiana Postsecondary Education18
Board of Regents or by any board having powers of management over public19
institutions of higher education created by this constitution or pursuant to this Article20
Trustees. Such laws may include but shall not be limited to laws providing for the21
submission and approval of capital and operating budgets, appropriations and22
expenditures, the supervision, management, and oversight of the hospitals and their23
programs, and legislative review and disapproval of related rules. This Section shall24
not apply to institutions and programs operated or managed prior to January 1, 1997,25
by any higher education management board created by this Article.26
Section 4. Be it further resolved by the Legislature of Louisiana, two-thirds of the27
members elected to each house concurring, that there shall be submitted to the electors of28
the state of Louisiana, for their approval or rejection in the manner provided by law, a29 SB NO. 140
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proposal to add Part IV of Article XIV of the Constitution of Louisiana, to be comprised of1
Section 41, to read as follows:2
PART IV3
§41. Louisiana Postsecondary Education Board of Trustees; Implementation4
(A) On January 1, 2013, the Board of Regents, the Board of Supervisors5
of Louisiana State University and Agricultural and Mechanical College, the6
Board of Supervisors of Southern University and Agricultural and Mechanical7
College, the Board of Supervisors for the University of Louisiana System, and8
the Board of Supervisors of Community and Technical Colleges are abolished9
and on that date, except as inconsistent with the amendment creating the10
Louisiana Postsecondary Education Board of Trustees, referred to in this11
Section as the "Trustees", the Trustees is created and the powers, duties,12
functions, and responsibilities of such abolished boards are transferred to the13
Trustees.14
(B) The Board of Regents, the Board of Supervisors of Louisiana State15
University and Agricultural and Mechanical College, the Board of Supervisors16
of Southern University and Agricultural and Mechanical College, the Board of17
Supervisors for the University of Louisiana System, and the Board of18
Supervisors of Community and Technical Colleges shall take such action prior19
to January 1, 2013, to provide for implementation of the Trustees on that date.20
The governor shall appoint the initial members of the Trustees not later than21
March 1, 2012, for initial terms as provided by law, and such members shall22
take such actions as authorized by law to provide for implementation of the23
Trustees on January 1, 2013.24
(C) The legislature shall provide by law, not inconsistent with the25
constitutional amendment creating the Trustees, for the implementation of such26
amendment and for the transfer of such powers, duties, functions, and27
responsibilities.28
Section 5. Be it resolved by the Legislature of Louisiana, two-thirds of the members29 SB NO. 140
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elected to each house concurring, that there shall be submitted to the electors of the state of1
Louisiana, for their approval or rejection in the manner provided by law, a proposal to repeal2
Article VIII, Sections 6, 7, 7.1, 8(B), and 12 of the Constitution of Louisiana.3
Section 6. Be it further resolved that the provisions of this amendment shall become4
effective on January 1, 2013, except that the provisions of Article XIV, Section 41 shall5
become effective on January 1, 2012.6
Section 7. Be it further resolved that this proposed amendment shall be submitted7
to the electors of the state of Louisiana at the statewide election to be held on October 22,8
2011.9
Section 8. Be it further resolved that on the official ballot to be used at said election10
there shall be printed a proposition, upon which the electors of the state shall be permitted11
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall12
read as follows:13
To reorganize the governance of public postsecondary education, including14
provisions to create the Louisiana Postsecondary Education Board of15
Trustees as a single governing board for postsecondary education, to abolish16
the Board of Regents and the management boards of the postsecondary17
education systems and institutions, and to transfer the powers, duties, and18
responsibilities of the abolished boards to the new board of trustees.19
(Effective January 1, 2013, except implementation provisions are effective20
January 1, 2012)21
(Amends Const. Art. IV, Section 22(A), Art. VII, Sections 10.1(C)(1) and (3)22
and (D)(1)(introductory paragraph) and 10.4(B)(1), (3), and (4), and Art.23
VIII, Sections 5 and 16; adds Art. XIV, Section 41; repeals Art. VIII,24
Sections 6, 7, 7.1, 8(B), and 12)25 SB NO. 140
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Present constitution establishes the Board of Regents to plan, coordinate, and have budgetary
responsibility for all public postsecondary education. Provides that the board is comprised
of two members from each congressional district and one member from the state at large,
all appointed by the governor, subject to Senate confirmation, for staggered six-year terms.
Provides that the board should be representative of the state's population by race and gender
to ensure diversity.
Present constitution creates the Board of Supervisors for the University of Louisiana System,
the Board of Supervisors of Louisiana 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. Provides that each board is
comprised of two members from each congressional district and one member from the state
at large, all appointed by the governor, subject to Senate confirmation, for staggered six-year
terms.
Present constitution creates and provides for the Board of Supervisors of Community and
Technical Colleges, which is the management board for the Louisiana Technical College and
specified community colleges. Provides that the system includes all programs of public
postsecondary vocational-technical training, and, as provided by law, institutions of higher
education which offer associate degrees but not baccalaureate degrees. Provides that the
board has 15 members appointed by the governor (two members from each congressional
district and the remainder from the state at large) subject to Senate confirmation, for
staggered six-year terms, and two student members.
Present constitution creates and provides for the Board of Regents. Provides that the powers
of management over public institutions of postsecondary education not specifically vested
by the constitution in the Board of Regents are reserved to the management boards as to the
institutions under the control of each.
Proposed constitutional amendment abolishes the Board of Regents, the three management
boards of four-year colleges and universities, and the Board of Supervisors of Community
and Technical Colleges. Creates instead the Louisiana Postsecondary Education Board of
Trustees. Provides that the board is comprised of two members from each congressional
district and one from the state at large, all appointed by the governor, subject to Senate
confirmation, for staggered six-year terms. Specifies that members serving on a date when
a change in congressional districts becomes effective shall complete their terms and
successors shall be appointed as provided in proposed constitutional amendment. Authorizes
the board to provide for one student member to serve one term of one year and to have the
rights of other board members. Provides that the board should be representative of the state's
population by race and gender to ensure diversity.
Proposed constitutional amendment provides for the powers and duties of the Louisiana
Postsecondary Education Board of Trustees. Grants the board of trustees the powers of
supervision and management of institutions and programs of the LSU board, the SU board,
the UL board, and the community and technical colleges board, all to be abolished by
proposed constitutional amendment.
Present constitution authorizes the Board of Regents to study the need for and feasibility of
creating a new institution of postsecondary education, which includes establishing a branch
of an institution, converting an institution that does not grant degrees to one that does and SB NO. 140
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converting an institution that grants degrees of lower rank than a baccalaureate degree to one
that offers such degrees, or merging any institution of postsecondary education into another,
establishing a new management board, and transferring a college or university from one
board to another.
Provides that, if the creation of a new institution, the merger of institutions, the addition of
another management board, or the transfer of an existing institution from one board to
another is proposed, the board shall report its written findings and recommendations to the
legislature within one year after such a proposal.
Provides that only after the report has been filed, or after one year after the legislative
proposal if no report is filed, may the legislature take affirmative action on such a proposal
and then only by law enacted by two-thirds of the elected members of each house.
Proposed constitutional amendment instead authorizes the new board of trustees to study
only the need for and feasibility of creating a new institution of postsecondary education or
the merger of institutions.
Retains explanation of what creation of a new institution includes.
Deletes authority to study and make recommendations relative to the establishment of a new
management board or the transfer of an institution from one management board to another.
Removes the requirement that legislative approval be by a 2/3 vote of each house.
Proposed constitutional amendment otherwise generally provides that the trustees exercise
the powers and duties of the Board of Regents being abolished by proposed constitutional
amendment, including authority:
1. To plan, coordinate, and exercise budgetary responsibility for all postsecondary
education institutions.
2. To revise or eliminate an existing degree program, department of instruction,
division, or similar subdivision.
3. To approve, disapprove, or modify a proposed degree program, department of
instruction, division, or similar subdivision.
4.To formulate and make timely revision of a master plan for postsecondary education.
At a minimum, the plan shall include a formula for equitable distribution of funds
to the institutions of postsecondary education.
5. To require that each institution (instead of each management board) submit to it, at
a time it specifies, an annual budget proposal for its operational and capital needs.
The board shall submit its budget recommendations for all postsecondary education
institutions. It shall recommend priorities for capital construction and
improvements.
6. 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.
Present constitution provides that appropriations for the institutions of higher education be
made to their managing boards and that the funds appropriated be administered by the
managing boards and used solely as provided by law.
Proposed constitutional amendment provides instead that appropriations for public
postsecondary education institutions and other public postsecondary education purposes be SB NO. 140
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made to and administered by the Board of Trustees and used solely as provided by law.
Proposed constitutional amendment retains present constitutional provisions for limitations
of the terms a member may serve - not more than two and one-half in three consecutive
terms - and makes them applicable to the Louisiana Postsecondary Education Board of
Trustees.
Proposed constitutional amendment changes references to the Board of Regents in
provisions for the Higher Education Louisiana Partnership Program to the board of trustees.
Present constitution authorizes the legislature to provide for operation and management of
public hospitals and their programs by the Board of Regents or a management board.
Excepts from such authority institutions and programs operated by a management board
prior to January 1, 1997.
Proposed constitutional amendment authorizes the legislature to provide for operation and
management of public hospitals by the Louisiana Postsecondary Education Board of
Trustees. Removes exception for institutions and programs operated by a management
board prior to January 1, 1997.
Relative to implementation (implementation provisions are effective Jan. 1, 2012), proposed
constitutional amendment provides that on the effective date of the amendment (Jan. 1,
2013), the Board of Regents, the Board of Supervisors of Louisiana State University and
Agricultural College, the Board of Supervisors of Southern University and Agricultural
College, and the Board of Supervisors for the University of Louisiana System are abolished
and on that date, except as inconsistent with the amendment, the Louisiana Postsecondary
Education Board of Trustees, the "Trustees" is created and the powers, duties, functions, and
responsibilities of such abolished boards are transferred to the Trustees. Requires the
legislature to provide by law for the implementation of the amendment and for the transfer
of such powers, duties, functions, and responsibilities. Further provides that the Board of
Regents and the management boards shall take such action prior to January 1, 2013, as
necessary to provide for implementation of the Trustees on that date. Requires the governor
to appoint the initial members of the Trustees not later than March 1, 2012, for initial terms
as provided by law, and that such members shall take such actions as authorized by law to
provide for implementation of the Trustees on January 1, 2013.
Effective January 1, 2013, except transition provisions are effective January 1, 2012.
Specifies submission of the amendment to the voters at the statewide election to be held on
October 22, 2011.
(Amends Const. Art. IV, Sec. 22(A), Art. VII, Sec. 10.1(C)(1) and (3) and (D)(1)(intro.
para.) and 10.4(B)(1), (3), and (4), and Art. VIII, Sec. 5 and 16; adds Const. Art. XIV, Sec.
41; repeals Const. Art. VIII, Sec. 6, 7, 7.1, 8(B), and 12)