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Regular Session, 2012
HOUSE BILL NO. 396
BY REPRESENTATIVES CARMODY AND SCHRODER AND SENATOR LAFLEUR
HIGHER EDUCATION: (Constitutional Amendment) Provides relative to the powers of
the public postsecondary education management boards and the Board of Regents
A JOINT RESOLUTION1
Proposing to amend Article VIII, Section 5(E) of the Constitution of Louisiana, to provide2
relative to the management of public postsecondary education; to provide relative to3
the powers of the postsecondary education management boards vis-a-vis the Board4
of Regents; to provide for submission of the proposed amendment to the electors;5
and to provide for related matters.6
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members7
elected to each house concurring, that there shall be submitted to the electors of the state of8
Louisiana, for their approval or rejection in the manner provided by law, a proposal to9
amend Article VIII, Section 5(E) of the Constitution of Louisiana, to read as follows:10
§5. Board of Regents11
Section 5.12
* * *13
(E) Other Powers Not Vested ; Management Boards. Powers of management14
over public institutions of postsecondary education not specifically vested by this15
Section in Subject to the powers of the Board of Regents as provided by this Section16
and as otherwise provided by law and to policies adopted pursuant thereto, are17
reserved to the Board of Supervisors of Louisiana State University and Agricultural18
and Mechanical College, the Board of Supervisors of Southern University and19 HLS 12RS-671 ENGROSSED
HB NO. 396
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Agricultural and Mechanical College, the Board of Trustees for State Colleges and1
Universities Supervisors for the University of Louisiana System, the Board of2
Supervisors of Community and Technical Colleges, and any other such board created3
pursuant to this Article, as to are responsible for the daily operations of the4
institutions under the control of each.5
Section 2. Be it further resolved that this proposed amendment shall be submitted6
to the electors of the state of Louisiana at the statewide election to be held on November 6,7
2012.8
Section 3. Be it further resolved that on the official ballot to be used at the election,9
there shall be printed a proposition, upon which the electors of the state shall be permitted10
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as11
follows:12
Do you support an amendment to provide that the authority of the higher13
education management boards is subject to the powers and policies of the14
Board of Regents? (Amends Article VIII, Section 5(E))15
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. 396
Abstract: Provides that the powers of the higher education management boards are subject
to the power and policies of the Board of Regents.
Present constitution establishes the Board of Regents to plan, coordinate, and have budgetary
responsibility for all public postsecondary education. Specifies the board's powers, duties,
and responsibilities.
Present constitution creates the Board of Supervisors for the University of La. System, the
Board of Supervisors of LSU and Agricultural and Mechanical College, and the Board of
Supervisors of SU 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. Present constitution creates and provides for the Board of Supervisors of
Community and Technical Colleges, which is the management board for "two-year"
colleges. Proposed constitutional amendment retains present constitution.
Present constitution provides that powers of management over public institutions of
postsecondary education not specifically vested by present constitution in the Board of
Regents are reserved to the management boards. Proposed constitutional amendment HLS 12RS-671 ENGROSSED
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provides instead that the management boards are responsible for daily operations of the
institutions and that the exercise of such responsibility is subject to powers and policies of
the Board of Regents.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 6, 2012.
(Amends Const. Art. VIII, §5(E))