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Regular Session, 2014
SENATE BILL NO. 1
BY SENATOR CLAITOR
COLLEGES/UNIVERSITIES. Enacts the "Legislative Scholarship Fairness Act" (gov sig)
AN ACT1
To amend and reenact Chapter 6 of Title 17 of the Louisiana Revised Statutes of 1950, to2
be comprised of R.S. 17:1891, relative to Tulane University; to provide relative to3
the Tulane Legislative Scholarship Program established pursuant to Act No. 43 of4
the 1884 Regular Session of the Legislature of Louisiana, as amended; to enact the5
"Legislative Scholarship Fairness Act"; to provide certain terms, procedures,6
conditions, and requirements; to provide relative to eligibility criteria and other7
program requirements; to provide for exclusions from eligibility; to provide relative8
to the scholarship selection and award process; to provide relative to public notice9
and disclosure of certain program information; to provide for effectiveness; and to10
provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. Chapter 6 of Title 17 of the Louisiana Revised Statutes of 1950,13
comprised of R.S. 17:1891, is hereby amended and reenacted to read as follows:14
CHAPTER 6. TULANE UNIVERSITY15
§1891. Tulane Legislative Scholarships; Legislative Scholarship Fairness Act16
A. This Section shall be known and may be cited as the "Legislative17 SB NO. 1
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Scholarship Fairness Act".1
B.(1) Pursuant to Act No. 43 of the 1884 Regular Session of the2
Legislature of Louisiana, as amended, each state legislator has the right as3
provided in this Section to appoint one student from among the citizens of the4
state to receive free tuition from Tulane University, provided the student meets5
the admission requirements established by the university.6
(2) Effective for the 2015-2016 academic year and thereafter, all free7
tuition granted by Tulane University through the Tulane University Legislative8
Scholarship Program established pursuant to Act No. 43 of the 1884 Regular9
Session of the Legislature of Louisiana, as amended, shall be awarded as10
provided in this Section.11
C.(1) Each scholarship awarded through the Tulane University12
Legislative Scholarship Program shall provide one year of full undergraduate13
tuition for Louisiana residents who meet the eligibility criteria and other14
program requirements established by Tulane University and as otherwise15
provided in this Section.16
(2) Nominations for a scholarship for a period of less than one year may17
be made if the student will be graduating before the end of the academic year.18
D.(1) No legislator shall nominate a member of his immediate family for19
a Tulane Legislative Scholarship.20
(2) No elected official in Louisiana shall be eligible to receive a Tulane21
Legislative Scholarship.22
(3) No person who is a member of the immediate family of an elected23
official who is subject to the provisions of R.S. 42:1124(A)(1), or who is elected24
to represent Louisiana in the Congress of the United States, shall be eligible to25
receive a Tulane Scholarship.26
E.(1) A legislator may establish his own selection criteria and directly27
nominate a student for a Tulane Legislative Scholarship or request Tulane28
University to award the scholarship on his behalf through an open competition29 SB NO. 1
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in accordance with eligibility criteria established by the university and as1
provided in this Section.2
(2) At minimum, the selection process established for the open3
competition shall provide for the following:4
(a) If at all possible, the scholarship shall be awarded to a student who5
resides in the legislator's district.6
(b) If there is no qualified student available from a legislator's district,7
an otherwise qualified student shall be selected, on the basis of demonstrated8
need, from a statewide pool of Louisiana residents who have been accepted for9
admission to Tulane University.10
(c) Tulane University shall send notification to each legislator who11
utilizes the open competition selection process regarding the student selected to12
receive his legislative scholarship.13
(d) By utilizing the open competition, the legislator agrees to allow the14
university to award his Tulane Legislative Scholarship to the same student15
every year until the student graduates, or until the legislator's term ends or he16
otherwise leaves office.17
F. Information regarding the existence of the Tulane Legislative18
Scholarship Program shall be published on the legislature's website which shall19
include a link to the Tulane University website where potential recipients can20
obtain an application form and detailed information on scholarship eligibility21
criteria, guidelines, deadlines, and other program requirements.22
G.(1) Tulane University shall publish annually on the Tulane University23
website the following information relative to the Tulane Legislative Scholarship24
Program:25
(a) The name and city of residence of each scholarship recipient.26
(b) The name and district number of each scholarship recipient's27
nominating legislator.28
(c) If the scholarship recipient is related to an elected official, the name29 SB NO. 1
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of the elected official to whom the recipient is related.1
(2) No information shall be published pursuant to this Section in2
violation of any state or federal law, including the Family Education Rights and3
Privacy Act.4
H. For purposes of this Section, "immediate family" shall be defined as5
provided in R.S. 42:1102(13).6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
The original instrument was prepared by Jeanne Johnston. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Mary Dozier O'Brien.
DIGEST
Claitor (SB 1)
Present law (Act No. 43 of 1884 RS) provides for an agreement between the administrators
of the Tulane Education Fund and the state. Provides that, in consideration of the vesting
of the administration of the University of Louisiana in the administrators, of the transfer of
the rights, powers, privileges, franchises, and immunities of the university to the
administrators, and of the exemption from all taxation, the administrators will develop,
foster, and maintain the University of La., to be known as the "Tulane University of
Louisiana", and use their powers to create and maintain in New Orleans a great university.
Also provides that the administrators waive all legal claim upon the state for any
appropriation in favor of the university.
Proposed law retains these provisions.
Present law (§6 of Act No. 43 of 1884 RS, as amended) further provides that the
administrators agree to give continuously, in the academic department, free tuition to
students nominated by members of the legislature. Provides that each legislator has the right
to nominate one student from among the state's citizens and that each nominee shall comply
with the admission requirements established by the administrators. Further provides that the
free tuition shall continue for a period not to exceed the time remaining in the term of the
nominating legislator from the time such appointment begins, unless his scholarship has
ceased from other causes. Provides that the same student may be appointed in successive
years and that when a scholarship becomes vacant, from any cause, the legislator who
appointed the previous student, or his successor, shall, in the manner prescribed by these
provisions, immediately name a successor.
Proposed law retains these provisions.
Proposed law (R.S. 17:1891) provides that, effective for the 2015-2016 academic year and
thereafter, all free tuition granted by Tulane University through the Tulane Legislative SB NO. 1
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Scholarship Program established pursuant to Act No. 43 of 1884 RS, as amended, shall be
awarded as follows:
(1)Provides that proposed law shall be known and may be cited as the
"Legislative Scholarship Fairness Act".
(2)Each Tulane Legislative Scholarship shall provide one year of full
undergraduate tuition for La. residents who meet the eligibility criteria
requirements established by Tulane University and the provisions of
proposed law.
(3)Nominations for a scholarship period of less than one year, may be made if
the student will be graduating before the end of the academic year.
(4)No legislator can nominate a member of his immediate family for a Tulane
Legislative Scholarship.
(5)No La. elected official is eligible to receive a Tulane Legislative Scholarship.
(6)No person who is a member of the immediate family of a statewide elected
official or who is elected to represent Louisiana in the Congress of the United
States, shall be eligible to receive a Tulane Scholarship.
(7)Authorizes a legislator to establish his own selection criteria and directly
nominate a student for a Tulane Legislative Scholarship or request Tulane
University to award the scholarship on his behalf through an open
competition in accordance with eligibility criteria established by the
university.
(8)Provides that if possible, the scholarship shall be awarded to a student who
resides in the legislator's district.
(9)Provides that if there is no qualified student available from a legislator's
district, an otherwise qualified student shall be selected, on the basis of
demonstrated need, from a statewide pool of Louisiana residents who have
been accepted for admission to Tulane University.
(10)Provides that utilizing open competition, the legislator agrees to allow the
university to award his Tulane Legislative Scholarship to the same student
every year until the student graduates, or until the legislator's term ends or his
otherwise leaves office.
(11)Requires information regarding the existence of the Tulane Legislative
Scholarship to be published on the legislature's website which shall include
a link to the Tulane University website where potential recipients can obtain
an application form and detailed information on scholarship eligibility,
criteria, guidelines, deadlines, and other program requirements.
(12)Requires Tulane University to publish annually on the Tulane University
website, Tulane Legislative Scholarship Program information including: (1)
the name and city of residence of each scholarship recipient, (2) the name
and district number of the nominating legislator, and, (3) if related to an
elected official, the name of the elected official to whom the recipient is
related.
Prohibits publication of Tulane Legislative Scholarship information in
violation of state or federal law, including the Federal Education Rights
Privacy Act (FERPA). SB NO. 1
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(13)Defines immediate family of a legislator, as provided by R.S. 42:1102(13),
which is his children, spouses of his children, his brothers and their spouses,
his sisters and their spouses, his parents, his spouse, and the parents of his
spouse.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:1891)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Clarifies that no legislator shall nominate a member of his own immediate
family for a Tulane Legislative Scholarship.
2. Prohibits a member of the immediate family of a statewide elected official
or who is elected to represent Louisiana in the Congress of the United States
from being eligible to receive a Tulane Scholarship.
3. Provides that, at a minimum, the selection process established for open
competition shall provide that, if possible, the scholarship shall be awarded
to a student who resides in the legislator's district. If no qualified student is
available from a legislator's district, an otherwise qualified student shall be
selected on a basis of demonstrated need from a statewide pool of Louisiana
residents who have been accepted for admission to Tulane University.
4.Removes provisions giving a preference to surviving children of members of
the U.S. armed forces, employees of the U.S. Department of State, and law
enforcement and other public personnel killed while on active duty.
5. Removes provision that a scholarship recipient perform twice the number of
public service hours required by the university.
6. Requires Tulane University to send notification to each legislator who
utilizes open competition selection regarding the student selected to receive
his legislative scholarship.
7. If a legislator utilizes open competition, he agrees to allow the university to
award his Tulane Legislative Scholarship to the same student every year until
the student graduates, or until the legislator's term ends or he otherwise
leaves office.
8. Provides that information regarding the existence of the Tulane Legislative
Scholarship Program shall be published on the legislature's website which
shall include a link to the Tulane University website with information
regarding the scholarship program.
9. Removes provision that no legislator may receive or accept campaign
contributions from a scholarship recipient or relative of a recipient of a
Tulane Legislative Scholarship.
10.Defines immediate family of a legislator, as provided in the ethics code, as
his children, spouses of his children, his brothers and their spouses, his sisters
and their spouses, his parents, his spouse, and the parents of his spouse. SB NO. 1
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Senate Floor Amendments to engrossed bill
1. Specifies that annual listing of recipients shall be on the Tulane University
website.