Louisiana 2014 Regular Session

Louisiana House Bill HB299 Latest Draft

Bill / Introduced Version

                            HLS 14RS-683	ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 299
BY REPRESENTATIVE GREENE
COLLEGES/TULANE U: Relative to legislative scholarships, requires certain information
on application forms, provides for certain forms and material to be public record, and
provides for the custodian of such records
AN ACT1
To enact R.S. 17:1891, relative to scholarships that provide free tuition to Tulane University2
to students nominated by legislators; to require the Administrators of the Tulane3
Educational Fund to include in the application process a form for applicants to4
provide certain information; to provide for certain waivers of confidentiality by5
scholarship applicants; to provide that certain forms, nominations, and other6
materials are public records; to provide relative to the custodian of such records; to7
provide for applicability; to provide for placement of the provisions of this Act in the8
Louisiana Revised Statutes of 1950 by the Louisiana State Law Institute; and to9
provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1.  R.S. 17:1891 is hereby enacted to read as follows:12
§1891.  Free tuition for students nominated by members of the legislature13
A.(1) As a part of the application process for a scholarship granting free14
tuition pursuant to Act No. 43 of the 1884 Regular Session of the Legislature as15
amended and other applicable provisions of law, the Administrators of the Tulane16
Educational Fund shall require each applicant to complete and submit to the17
university a form that will provide the following information:18 HLS 14RS-683	ORIGINAL
HB NO. 299
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(a) The name and the municipality (if any) and parish of residence of the1
applicant.2
(b) The Louisiana House of Representatives and Senate districts in which the3
applicant resides, including each district number and the name of the legislator who4
represents each district.5
(c) Whether or not the applicant is related to an elected official, and if the6
applicant is related to an elected official, the name and office held by each elected7
official to whom the applicant is related.8
(2)  For purposes of this Subsection:9
 (a) The following persons are "related" to a scholarship applicant:  a10
scholarship applicant's child, brother, sister, parent, spouse, former spouse, aunt,11
uncle, nephew, niece, first cousin, mother-in-law, father-in-law, sister-in-law, and12
brother-in-law, whether such relationship is by blood or marriage.13
(b) "Elected official" means a person who holds an office of state or local14
government in Louisiana that is filled by election pursuant to the Louisiana Election15
Code and any person who fills a vacancy in such an office and shall also include a16
member of the United States Senate or United States House of Representatives from17
Louisiana.18
(3) The  form  required by this Subsection shall include a waiver, to be19
signed by the applicant, to waive his right of confidentiality under the Buckley20
Amendment or any other law to the information the applicant is required to provide21
pursuant to this Subsection.22
B. Except as provided in Subsection C of this Section, the forms submitted23
by scholarship applicants pursuant to this Section and the nomination forms and any24
accompanying letters or other material submitted by legislators to the university to25
nominate scholarship recipients shall be public records subject to the Public Records26
Law, including but not limited to provisions for examination of records in R.S.27
44:31. Notwithstanding any provision of law to the contrary, the president of Tulane28
University, on behalf of the Administrators of the Tulane Educational Fund, shall be29 HLS 14RS-683	ORIGINAL
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the custodian of such public records for purposes of the Public Records Law, and no1
member of the Legislature of Louisiana shall be the custodian of any such record.2
C. No information shall be made public pursuant to this Section in violation3
of any state or federal law, including the Federal Education Rights Privacy Act.4
D. The provisions of this Section are applicable to the awarding of5
scholarships by the Tulane University legislative scholarship program for the 2015-6
2016 academic year and thereafter.7
Section 2. The Louisiana State Law Institute shall place R.S. 17:1891 as enacted by8
this Act within Chapter 6 of Title 17 of the Louisiana Revised Statutes of 1950.9
Section 3. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
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)]
Greene	HB No. 299
Abstract: Relative to granting of free tuition by Tulane University to students nominated
by legislators, provides for a form for applicants to provide certain information, for
waivers of confidentiality, for such forms and legislators' nominations to be public
records, and for the custodian of such records.
Present constitution (Const. Art. VIII, §14) provides that The Tulane University of La. in
New Orleans is recognized as created and to be developed in accordance with Act No. 43
approved July 5, 1884.
Present law (Acts 1884, No. 43 as amended) provides for the administrators of Tulane
University (referred to as the board) to give free tuition to students nominated by legislators.
This is in consideration of the vesting of the administration of the then University of La. in
the Tulane board, of the transfer of the rights, powers, privileges, franchises, and immunities
of that university to the Tulane board, and of the exemption of the university from certain
taxation as provided in the Act, as well as the board's waiver of all legal claim upon the state
for any appropriation in favor of the University of La.  Provides that each member of the
legislature shall have the right to nominate one student from among the citizens of the state.
Provides that each nominee shall comply with the requirements for admission established
by the board. HLS 14RS-683	ORIGINAL
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are additions.
Proposed law (R.S. 17:1891) requires the Administrators of the Tulane Educational Fund,
as part of the application process for a scholarship, to require each applicant to complete and
submit to the university a form that will provide the following information:
(1)Each applicant's name, and municipality (if any) and parish of residence.
(2)The La. House of Representatives and Senate districts in which the applicant resides,
including district numbers and legislators' names.
(3)Whether or not the applicant is related to an elected official, and if the applicant is
related to an elected official, the name of and the office held by each such elected
official. Provides that a scholarship recipient is related to his child, brother, sister,
parent, spouse, former spouse, aunt, uncle, nephew, niece, first cousin,
mother-in-law, father-in-law, sister-in-law, and brother-in-law, whether such
relationship is by blood or marriage. Provides that an "elected official" includes a
person who holds an office of state or local government in La. that is filled by
election pursuant to the La. Election Code and any person who fills a vacancy in
such an office and shall also include a member of the U.S. Senate or U.S. House of
Representatives from La.
Proposed law requires that the form required by proposed law include a waiver to be signed
by the applicant to waive his right of confidentiality under the Buckley Amendment or any
other law to the information proposed law requires the applicant to provide.
Proposed law provides that forms submitted by scholarship applicants pursuant to proposed
law and the nomination forms, and any accompanying letters or other material, submitted
by legislators to nominate scholarship recipients shall be public records subject to the Public
Records Law, including provisions for examination of records. Further provides that,
notwithstanding any contrary law, the president of Tulane University shall be the custodian
of these public records for purposes of the Public Records Law, and that no legislator shall
be the custodian of any such record.
Proposed law prohibits making public any information in violation of any state or federal
law, including the Federal Education Rights Privacy Act (FERPA).
Proposed law specifies that it is applicable to the awarding of scholarships by the Tulane
University Legislative Scholarship Program for the 2015-2016 academic year and thereafter.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 17:1891) (Provides that the La. State Law Institute shall place R.S. 17:1891 in
Chapter 6 of Title 17 of the La. R.S. of 1950.)