HLS 12RS-669 ENGROSSED
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Regular Session, 2012
HOUSE BILL NO. 395
BY REPRESENTATIVES CARMODY AND SCHRODER
COLLEGES/UNIVERSITIES: Provides relative to the expenditure or allocation of funds
appropriated to postsecondary education management boards
AN ACT1
To amend and reenact R.S. 17:3351(A)(introductory paragraph) and (3), relative to funding2
of postsecondary education; to provide relative to the authority of postsecondary3
education management boards with respect to the allocation and expenditure of funds4
they receive; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 17:3351(A)(introductory paragraph) and (3) are hereby amended and7
reenacted to read as follows: 8
ยง3351. General powers, duties, and functions of college and university boards9
A. Subject only to the powers of the Board of Regents specifically10
enumerated as provided in Article VIII, Section 5 of the Constitution of Louisiana,11
and as otherwise provided by law, each postsecondary system management board as12
a body corporate shall have authority to exercise power necessary to supervise and13
manage the day-to-day operations of institutions of postsecondary education under14
its control, including but not limited to the following:15
* * *16
(3) Receive and expend or allocate for expenditure to the institutions under17
its jurisdiction all monies appropriated or otherwise made available for purposes of18
the board or the institutions under its jurisdiction according to the master plan for19
higher postsecondary education, the funding formula adopted by the Board of20
Regents, and, except as otherwise provided in the general or a supplemental21 HLS 12RS-669 ENGROSSED
HB NO. 395
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appropriations bill, the Board of Regents' budget recommendations; however, each1
board may redirect an amount not to exceed five percent of the allocation specified2
by the formula to address specific issues that arise during the budgeting allocation3
process.4
* * *5
Section 2. This Act shall take effect and become operative if and when the proposed6
amendment of Article VIII of the Constitution of Louisiana contained in the Act which7
originated as House Bill No. 396 of this 2012 Regular Session of the Legislature is adopted8
at a statewide election and becomes effective.9
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)]
Carmody HB No. 395
Abstract: Provides that the power of the public postsecondary education management
boards to spend and allocate funds is subject to funding formula adopted by the
Board of Regents and, unless otherwise provided in an appropriations bill, the Board
of Regents' budget recommendations; however, permits a management board to
redirect an amount not to exceed 5% of the specified formula allocation to address
issues that may arise during the allocation process.
Present law grants certain powers and duties to the postsecondary education management
boards including the power to receive, spend, and allocate monies appropriated or otherwise
made available to them. Provides that such authority is subject to the master plan for
postsecondary education. Proposed law retains present law and provides that the power to
receive, spend, and allocate monies is also subject to the funding formula adopted by the
Board of Regents and, unless otherwise provided in an appropriations bill, the board's budget
recommendations; however, permits a management board to redirect an amount not to
exceed 5% of the specified formula allocation to address specific issues that may arise
during the allocation process.
Effective if and when the proposed amendment of Art. VIII of the Constitution of La.
contained in the Act which originated as House Bill No. 396 of this 2012 R.S. is adopted at
a statewide election and becomes effective.
(Amends R.S. 17:3351(A)(intro. para.) and (3))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Education to the original
bill.
1. Adds proposed law provision relative to a management board's authority to
redirect up to 5% of the specified formula allocation. HLS 12RS-669 ENGROSSED
HB NO. 395
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2. Changes proposed law effective date from signature of the governor to when HB
No. 396 of the 2012 R.S. (a proposed constitutional amendment) is adopted at a
statewide election and becomes effective.