HLS 14RS-1111 ORIGINAL Page 1 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 696 BY REPRESENTATIVE CARTER HIGHER EDUCATION: Provides relative to required qualifications for members of public postsecondary education boards AN ACT1 To amend and reenact R.S. 17:1453(A), 1831(B), 1851(B), 1871(A)(1), and 3121(B),2 relative to qualifications of members of postsecondary education management boards3 and the Board of Regents; to require specified qualifications for board members; to4 provide for appointments to implement the Act; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 17:1453(A), 1831(B), 1851(B), 1871(A)(1), and 3121(B) are hereby7 amended and reenacted to read as follows: 8 §1453. Terms and appointment of members of board9 A.(1) The Board of Supervisors of Louisiana State University and10 Agricultural and Mechanical College is created as a body corporate in accordance11 with the provisions of Article VIII, Section 7 of the Constitution of 1974. The board12 shall be composed of fifteen members appointed by the governor with the consent13 of the Senate. Two members shall be appointed from each congressional district and14 the remaining member or members shall be appointed from the state at large.15 (2)(a) In making his appointments the governor shall ensure that the board16 membership includes the following members with the qualifications specified:17 (i) At least one member with at least five years experience as the chief18 executive officer, chief financial officer, or equivalent leadership officer of a large19 corporation or company within one of the largest manufacturing or business20 HLS 14RS-1111 ORIGINAL HB NO. 696 Page 2 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. components of the state's economy, such as construction, utilities, chemical1 manufacturing or processing, oil and gas, other manufacturing, banking, or finance.2 (ii) At least one member who holds a Master of Business Administration3 degree or has had at least fifteen years of management experience in private business4 or industry.5 (iii) At least three members who are graduates of an institution within the6 Louisiana State University system.7 (iv) One member who is appointed from a total of five nominees8 recommended to the governor jointly by the Council for a Better Louisiana, the9 Public Affairs Research Council, and the Louisiana Association of Business and10 Industry.11 (v) At least one member who has five years experience as an executive in the12 public sector in the field of economic development or workforce development.13 (vi) At least one member who has at least five years management experience14 in the public sector in the field of budget preparation and control or human resources15 management.16 (b) In making his appointments the governor shall ensure that at least seven17 members of the board meet the qualifications required by at least one of the Items18 in Subparagraph (a) of this Paragraph and that as a whole the members meet the19 qualifications for all Items in Subparagraph (a) of this Paragraph.20 (c) The board should be representative of the state's population by race and21 gender to ensure diversity.22 (3) Each member shall serve a term of six years, which shall expire on June23 1 of the sixth year of the term to which he is appointed, or until his successor is24 appointed and takes office.25 * * *26 §1831. Board of Supervisors for the University of Louisiana System; creation;27 membership; terms of office; vacancies28 * * *29 HLS 14RS-1111 ORIGINAL HB NO. 696 Page 3 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B.(1) The board shall be composed of fifteen members. Two members from1 each congressional district shall be appointed by the governor and one or more2 members shall be appointed by the governor from the state at large. All such3 appointments shall be made with the consent of the Senate.4 (2)(a) In making his appointments the governor shall ensure that the board5 membership includes the following members with the qualifications specified:6 (i) At least one member with at least five years experience as the chief7 executive officer, chief financial officer, or equivalent leadership officer of a large8 corporation or company within one of the largest manufacturing or business9 components of the state's economy, such as construction, utilities, chemical10 manufacturing or processing, oil and gas, other manufacturing, banking, or finance.11 (ii) At least one member who holds a Master of Business Administration12 degree or has had at least fifteen years of management experience in private business13 or industry.14 (iii) At least three members who are graduates of an institution within the15 University of Louisiana system.16 (iv) One member who is appointed from a total of five nominees17 recommended to the governor jointly by the Council for a Better Louisiana, the18 Public Affairs Research Council, and the Louisiana Association of Business and19 Industry.20 (v) At least one member who has five years experience as an executive in the21 public sector in the field of economic development or workforce development.22 (vi) At least one member who has at least five years management experience23 in the public sector in the field of budget preparation and control or human resources24 management.25 (b) In making his appointments the governor shall ensure that at least seven26 members of the board meet the qualifications required by at least one of the Items27 in Subparagraph (a) of this Paragraph and that as a whole the members meet the28 qualifications for all Items in Subparagraph (a) of this Paragraph.29 HLS 14RS-1111 ORIGINAL HB NO. 696 Page 4 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (c) The board should be representative of the state's population by race and1 gender to ensure diversity.2 * * *3 §1851. Board of Supervisors of Southern University and Agricultural and4 Mechanical College; creation; membership; terms of office; vacancies5 * * *6 B.(1) The board shall be composed of fifteen members to be appointed by7 the governor, two members from each congressional district and the remaining8 member or members from the state at large. All such appointments shall be made9 with the consent of the Senate.10 (2)(a) In making his appointments the governor shall ensure that the board11 membership includes the following members with the qualifications specified:12 (i) At least one member with at least five years experience as the chief13 executive officer, chief financial officer, or equivalent leadership officer of a large14 corporation or company within one of the largest manufacturing or business15 components of the state's economy, such as construction, utilities, chemical16 manufacturing or processing, oil and gas, other manufacturing, banking, or finance.17 (ii) At least one member who holds a Master of Business Administration18 degree or has had at least fifteen years of management experience in private business19 or industry.20 (iii) At least three members who are graduates of an institution within the21 Southern University system.22 (iv) One member who is appointed from a total of five nominees23 recommended to the governor jointly by the Council for a Better Louisiana, the24 Public Affairs Research Council, and the Louisiana Association of Business and25 Industry.26 (v) At least one member who has five years experience as an executive in the27 public sector in the field of economic development or workforce development.28 HLS 14RS-1111 ORIGINAL HB NO. 696 Page 5 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (vi) At least one member who has at least five years management experience1 in the public sector in the field of budget preparation and control or human resources2 management.3 (b) In making his appointments the governor shall ensure that at least seven4 members of the board meet the qualifications required by at least one of the Items5 in Subparagraph (a) of this Paragraph and that as a whole the members meet the6 qualifications for all Items in Subparagraph (a) of this Paragraph.7 * * *8 §1871. Board of Supervisors of Community and Technical Colleges; establishment;9 members; qualifications and terms; vacancies; duties10 A.(1)(a) The Board of Supervisors of Community and Technical Colleges11 is created as a body corporate. The board shall be composed of fifteen members12 appointed by the governor with the consent of the Senate and of such appointments:13 (i) One member shall be appointed by the governor from among three14 persons nominated by the Louisiana AFL-CIO.15 (ii) One member shall be appointed by the governor from among three16 persons nominated by the Louisiana Association of Business and Industry.17 (iii) Two members shall be appointed by the governor from among six18 persons nominated by the State Board of Elementary and Secondary Education.19 (ii) At least one member shall be appointed by the governor who has at least20 five years experience as the chief executive officer, chief financial officer, or21 equivalent leadership officer of a large corporation or company within one of the22 largest manufacturing or business components of the state's economy, such as23 construction, utilities, chemical manufacturing or processing, oil and gas, other24 manufacturing, banking, or finance.25 (iii) One member shall be appointed by the governor who has at least two26 years experience as the chief executive officer, chief financial officer, or equivalent27 leadership officer of a corporation or company engaged in one of Louisiana's three28 HLS 14RS-1111 ORIGINAL HB NO. 696 Page 6 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. largest emerging industries or business activities as determined by the Department1 of Economic Development.2 (iv) One member shall be appointed by the governor who holds a Master of3 Business Administration degree or has had at least fifteen years of management4 experience in private business or industry.5 (v) One member shall be appointed by the governor from a total of five6 nominees recommended to the governor jointly by the Council for a Better7 Louisiana, the Public Affairs Research Council, and the Louisiana Association of8 Business and Industry.9 (vi) One member shall be appointed by the governor who has five years10 experience as an executive in the public sector in the field of economic development11 or workforce development.12 (vii) One member shall be appointed by the governor who has at least five13 years management experience in the public sector in the field of budget preparation14 and control or human resources management.15 (b) In making his appointments the governor shall ensure that at least seven16 members of the board meet the qualifications required by at least one of the Items17 in Subparagraph (a) of this Paragraph and that as a whole the members meet the18 qualifications for all Items in Subparagraph (a) of this Paragraph.19 (b) (c) In addition, the board shall have two student members who shall serve20 one-year terms and shall be selected as provided in R.S. 17:1806.21 (c) (d) Of the members selected and appointed by the governor, there shall22 be two members from each congressional district and the remaining member or23 members from the state at large.24 * * *25 §3121. Board of Regents; creation; membership; terms of office; vacancies;26 responsibilities27 * * *28 HLS 14RS-1111 ORIGINAL HB NO. 696 Page 7 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B.(1) The board shall be composed of fifteen members appointed by the1 governor with the consent of the Senate, who are electors of the state. Two members2 shall be from each congressional district and the remaining member or members3 from the state at large.4 (2)(a) In making his appointments the governor shall ensure that the board5 membership includes the following members with the qualifications specified:6 (i) At least one member with at least five years experience as the chief7 executive officer, chief financial officer, or equivalent leadership officer of a large8 corporation or company within one of the largest manufacturing or business9 components of the state's economy, such as construction, utilities, chemical10 manufacturing or processing, oil and gas, other manufacturing, banking, or finance.11 (ii) At least one member who holds a Master of Business Administration12 degree or has had at least fifteen years of management experience in private business13 or industry.14 (iii) At least three members who are graduates of a public postsecondary15 education institution in the state, at least one of whom holds an associate degree from16 such an institution, at least one of whom holds a baccalaureate degree from such an17 institution, and at least one of whom holds a post baccalaureate degree from such an18 institution.19 (iv) One member who is appointed from a total of five nominees20 recommended to the governor jointly by the Council for a Better Louisiana, the21 Public Affairs Research Council, and the Louisiana Association of Business and22 Industry.23 (v) At least one member who has five years experience as an executive in the24 public sector in the field of economic development or workforce development.25 (vi) At least one member who has at least five years management experience26 in the public sector in the field of budget preparation and control or human resources27 management.28 HLS 14RS-1111 ORIGINAL HB NO. 696 Page 8 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (b) In making his appointments the governor shall ensure that at least seven1 members of the board meet the qualifications required by at least one of the Items2 in Subparagraph (a) of this Paragraph and that as a whole the members meet the3 qualifications for all Items in Subparagraph (a) of this Paragraph.4 (c) The board should be representative of the state's population by race and5 gender to ensure diversity.6 * * *7 Section 2. In order to implement the provisions of this Act, the governor shall make8 appointments to fill each vacancy that occurs on a board for which member qualifications9 are provided in this Act by appointing a member whose qualifications meet the qualifications10 specified in this Act and shall continue to fill each vacancy in such manner until the11 membership of each board is in compliance with the qualifications required by this Act.12 Thereafter, the governor shall make appointments to fill vacancies on such boards so as to13 provide for continued compliance with this Act.14 Section 3. This Act shall take effect and become operative if and when the proposed15 amendment of Article VIII of the Constitution of Louisiana contained in the Act which16 originated as House Bill No. ____ of this 2014 Regular Session of the Legislature is adopted17 at a statewide election and becomes effective.18 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. 696 Abstract: Requires certain qualifications for members appointed to the postsecondary education management boards and the Board of Regents. Present constitution and present law create and provide for the membership of the Board of Regents and the postsecondary education management boards (Louisiana State University (LSU), Southern University (SU), and University of Louisiana (UL) boards of supervisors and the Board of Supervisors of Community and Technical Colleges (LCTCS board)). Provide that each board has 15 members appointed by the governor. Also provides for a student member (two student members for the LCTCS board). Present constitution and present law provide that the Board of Regents and the LCTCS board should be representative of the state's population by race and gender to ensure diversity, but otherwise HLS 14RS-1111 ORIGINAL HB NO. 696 Page 9 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. present constitution provides no qualifications for the boards. Present law provides certain qualifications for the LCTCS board (see digest below). Proposed law, relative to the LSU, SU, and UL boards of supervisors and the Board of Regents, requires the governor, in making his appointments, to ensure that the board membership includes the following members with the qualifications specified: (1)At least one member with at least five years experience as the chief executive officer, chief financial officer, or equivalent leadership officer of a large corporation or company within one of the largest manufacturing or business components of the state's economy, such as construction, utilities, chemical manufacturing or processing, oil and gas, other manufacturing, banking, or finance. (2)At least one member who holds a Master of Business Administration degree or has had at least fifteen years of management experience in private business or industry. (3)At least three members who are graduates of an institution within the respective university system. (4)One member who is appointed from a total of five nominees recommended to the governor jointly by the Council for a Better Louisiana, the Public Affairs Research Council, and the Louisiana Association of Business and Industry. (5)At least one member who has five years experience as an executive in the public sector in the field of economic development or workforce development. (6)At least one member who has at least five years management experience in the public sector in the field of budget preparation and control or human resources management. Proposed law, relative to the LSU, SU, and UL boards of supervisors, requires that the governor ensure that at least seven members of the board meet the qualifications required by at least one of the items above and that as a whole the members meet the qualifications for all items. Proposed law also provides, relative to the LSU and UL boards of supervisors, that the board should be representative of the state's population by race and gender to ensure diversity. Retains the same provision in present law relative to the Board of Regents. Present law, relative to the LCTCS board, provides that the governor shall appoint: (1)One member from among three persons nominated by the Louisiana AFL-CIO. (2)One member from among three persons nominated by the Louisiana Association of Business and Industry (LABI). (3)Two members from among six persons nominated by the State Board of Elementary and Secondary Education (BESE). Proposed law, relative to the LCTCS board, retains present law appointment from AFL-CIO nominees and removes appointments from BESE nominees and LABI nominees (but see (4) below) and also requires that the governor appoint: (1)At least one member with at least five years experience as the chief executive officer, chief financial officer, or equivalent leadership officer of a large corporation or company within one of the largest manufacturing or business components of the state's economy, such as construction, utilities, chemical manufacturing or processing, oil and gas, other manufacturing, banking, or finance. HLS 14RS-1111 ORIGINAL HB NO. 696 Page 10 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2)One member who has at least two years experience as the chief executive officer, chief financial officer, or equivalent leadership officer of a corporation or company engaged in one of Louisiana's three largest emerging industries or business activities as determined by the Department of Economic Development. (3)One member who holds a Master of Business Administration degree or has had at least fifteen years of management experience in private business or industry. (4)One member who is appointed from a total of five nominees recommended to the governor jointly by the Council for a Better Louisiana, the Public Affairs Research Council, and LABI. (5)One member who has five years experience as an executive in the public sector in the field of economic development or workforce development. (6)One member who has at least five years management experience in the public sector in the field of budget preparation and control or human resources management. Proposed law requires that the governor ensure that at least seven members of the board meet the qualifications required by at least one of the items above and that as a whole the members meet the qualifications for all items. Proposed law retains present law that requires that at least six members of the LCTCS board have significant experience in vocational education and that the board should be representative of the state's population by race and gender to ensure diversity Proposed law, relative to implementation of the Act, requires the governor to make appointments to fill each vacancy that occurs on a board by appointing a member whose qualifications meet the qualifications specified in this Act and continue to fill each vacancy in such manner until the membership of each board is in compliance with the qualifications required by the Act. Requires the governor to make appointments thereafter so as to provide for continued compliance with the Act. Effective if and when the proposed amendment of Article VIII of the Constitution of La. contained in the Act which originated as House Bill No. ___ of this 2014 R.S. of the Legislature is adopted at a statewide election and becomes effective. (Amends R.S. 17:1453(A), 1831(B), 1851(B), 1871(A)(1), and 3121(B))