HLS 13RS-920 ENGROSSED Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2013 HOUSE BILL NO. 401 BY REPRESENTATIVE CARTER STUDENT/TUITION: Authorizes the public postsecondary education management boards to increase tuition and fee amounts under certain circumstances AN ACT1 To enact R.S. 17:3351.17, relative to tuition and mandatory fee amounts for public2 postsecondary education institutions; to authorize each public postsecondary3 education management board to increase tuition and mandatory fee amounts if an4 institution meets certain criteria; to provide for limitations, waivers, and5 effectiveness; and to provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 17: 3351.17 is hereby enacted to read as follows:8 ยง3351.17. Public postsecondary education management boards; tuition and9 attendance fee increases; conditions; waivers10 A. In addition to the authority granted by any other provision of law,11 including but not limited to R.S. 17:3139.5, and in accordance with Article VII,12 Section 2.1(A) of the Constitution of Louisiana, the Board of Supervisors of13 Louisiana State University and Agricultural and Mechanical College, the Board of14 Supervisors of Southern University and Agricultural and Mechanical College, the15 Board of Supervisors for the University of Louisiana System, and the Board of16 Supervisors of Community and Technical Colleges may impose at an institution17 under its respective management and supervision a one-time increase in tuition and18 mandatory attendance fees if the institution meets both of the following criteria:19 (1) Its approved annual tuition and mandatory fee amount is less than the20 average amount of annual tuition and mandatory fees for Southern Regional21 HLS 13RS-920 ENGROSSED HB NO. 401 Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Education Board peer institutions. The average amount shall be based on the most1 recent Southern Regional Education Board publication of tuition and mandatory fees2 for all institutions in the institution's Southern Regional Education Board3 institutional category.4 (2) Its graduation and freshman retention rates are at least equal to the5 average graduation and freshman retention rates for the same peer institutions.6 B. The increase in tuition and mandatory fees authorized by this Section:7 (1) Shall not be imposed prior to the Fall 2016 semester.8 (2) Shall be limited to an amount that raises the institution's tuition and9 mandatory fees to, but does not exceed, the average amount of annual tuition and10 mandatory fees for Southern Regional Education Board peer institutions.11 (3) May remain in effect after it is imposed but shall not thereafter be12 increased.13 C. Prior to imposing the increase in tuition and fee amounts authorized by14 this Section, each public postsecondary education management board shall establish15 criteria for waiving the amounts in cases of financial hardship as determined by the16 board. Information relative to such waivers and the criteria and procedures for17 obtaining a waiver shall be reported to the Board of Regents and shall be made18 available to all prospective students in a timely manner such that each student is19 informed of the availability of a waiver prior to the student making a final decision20 concerning attendance.21 C. The authority to impose the tuition and mandatory fee increase provided22 in this Section shall include the authority to impose proportional amounts for23 part-time students, for intersessions, and for summer sessions.24 D. For purposes of this Section, "Southern Regional Education Board peer25 institutions" shall mean those institutions as provided by the Southern Regional26 Education Board for each institution's institutional category.27 HLS 13RS-920 ENGROSSED HB NO. 401 Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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)] Carter HB No. 401 Abstract: Authorizes the public postsecondary education management boards to impose in 2016 or thereafter a one-time tuition and fee increase if an institution meets graduation and freshman retention rate criteria. Proposed law authorizes each public postsecondary education management board to impose at an institution under its respective management and supervision a one-time increase in tuition and mandatory attendance fees if an institution meets both of the following criteria: (1)Its approved annual tuition and mandatory fee amount is less than the average amount of annual tuition and mandatory fees for Southern Regional Education Board (SREB) peer institutions; provides that the average amount shall be based on the most recent SREB publication of tuition and mandatory fees for all institutions in the institution's institutional category. (2)Its graduation and freshman retention rates are at least equal to the average graduation and freshman retention rates for the same peer institutions. Proposed law: (1)Prohibits imposition prior to Fall 2016. (2)Limits the increase to an amount which raises the institution's tuition and mandatory fees to, but does not exceed, the average amount of annual tuition and mandatory fees for SREB peer institutions. (3)Authorizes the increase to remain in effect but prohibits subsequent increases. (4)Provides that the authority to impose the increase is in addition to GRAD Act authority and any other authority to impose tuition or fees. (5)Authorizes boards to impose proportional amounts for part-time students, intersessions, and summer sessions and requires boards to establish criteria for hardship waivers and to report information relative to such waivers to the Board of Regents and make it available to prospective students. (6)Defines "SREB peer institutions" as those institutions as provided by the SREB for each institution's institutional category. (7)Provides that it is in accordance with present constitution, which provides that any new fee imposed or assessed by a state board or agency must be enacted by law by a 2/3 vote of the elected members of each house of the legislature. (Adds R.S. 17:3351.17) HLS 13RS-920 ENGROSSED HB NO. 401 Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Education to the original bill. 1. Specifies that it is an institution's freshman retention rates that determine the institution's authority to impose a tuition and fee increase.