HLS 15RS-443 REENGROSSED
2015 Regular Session
HOUSE BILL NO. 61
BY REPRESENTATIVE CARMODY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STUDENT/TUITION: (Constitutional Amendment) Exempts public postsecondary
education tuition and fees from requirements for imposing a new or increasing an
existing fee and provides relative to the authority to set tuition and fees
1 A JOINT RESOLUTION
2Proposing to amend Article VIII, Section 5(E) and to add Article VII, Section 2.1(C) of the
3 Constitution of Louisiana, relative to requirements in relation to the imposition of or
4 increase in fees and civil fines; to provide exceptions relative to public
5 postsecondary education tuition and fees; to provide further relative to the authority
6 to establish such tuition and fees; to provide for submission of the proposed
7 amendment to the electors; and to provide for related matters.
8 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
9elected to each house concurring, that there shall be submitted to the electors of the state of
10Louisiana, for their approval or rejection in the manner provided by law, a proposal to add
11Article VII, Section 2.1(C) of the Constitution of Louisiana, to read as follows:
12 §2.1. Fees and Civil Fines; Limitation; Exceptions
13 Section 2.1.
14 * * *
15 (C) The provisions of Paragraph (A) of this Section shall not apply to tuition
16 or fees charged by a public postsecondary education institution.
17 Section 2. Be it resolved by the Legislature of Louisiana, two-thirds of the members
18elected to each house concurring, that there shall be submitted to the electors of the state of
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HB NO. 61
1Louisiana, for their approval or rejection in the manner provided by law, a proposal to
2amend Article VIII, Section 5(E) of the Constitution of Louisiana, to read as follows:
3 §5. Board of Regents
4 Section 5.
5 * * *
6 (E) Powers Not Vested. Powers (1) Except as provided by Subparagraph
7 (2) of this Paragraph, powers of management over public institutions of
8 postsecondary education not specifically vested by this Section in the Board of
9 Regents are reserved to the Board of Supervisors of Louisiana State University and
10 Agricultural and Mechanical College, the Board of Supervisors of Southern
11 University and Agricultural and Mechanical College, the Board of Trustees for State
12 Colleges and Universities, the Board of Supervisors of Community and Technical
13 Colleges, and any other such board created pursuant to this Article, as to the
14 institutions under the control of each.
15 (2) The authority to establish tuition and fees charged to students attending
16 public postsecondary education institutions shall be as provided by law.
17 Section 3. Be it further resolved that this proposed amendment shall be submitted
18to the electors of the state of Louisiana at the statewide election to be held on October 24,
192015.
20 Section 4. Be it further resolved that if the proposed amendments contained in this
21Joint Resolution are ratified by the electors of the state, the provisions of the amendments
22shall become effective on January 1, 2016.
23 Section 5. Be it further resolved that on the official ballot to be used at the election,
24there shall be printed a proposition, upon which the electors of the state shall be permitted
25to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
26follows:
27 Do you support an amendment to remove the requirement in the Constitution
28 that any increase in tuition or new fee or fee increase in public higher
29 education requires the enactment of a statute by the legislature by two-thirds
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HB NO. 61
1 vote and instead to allow the authority to set tuition and fees be provided by
2 the legislature by regular vote? (Effective January 1, 2016) (Amends Article
3 VIII, Section 5(E); Adds Article VII, Section 2.1(C))
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)]
HB 61 Reengrossed 2015 Regular Session Carmody
Abstract: Removes tuition and fees charged by institutions of postsecondary education
from constitutional provisions requiring a two-thirds vote of the legislature and from
managerial authority of the various postsecondary education management boards.
Present constitution requires that all new fees or increases of existing fees imposed by the
state or any board, department, or agency of the state be enacted by a two-thirds vote of the
legislature. This provision of present constitution applies to tuition and fees charged to
students attending public institutions of postsecondary education. Proposed constitutional
amendment exempts new or increased tuition and fees charged to students attending public
institutions of postsecondary education from the two-thirds voting requirement of the
legislature.
Present constitution provides for the management of public institutions of postsecondary
education by various entities, namely the LSU Board of Supervisors, the Southern University
Board of Supervisors, the Board of Trustees for State Colleges and Universities, and the
Board of Supervisors of Community and Technical Colleges. Proposed constitutional
amendment retains the general authority of these management boards but specifically
excludes from their constitutional authority the ability to establish or raise tuition and fees
and, instead, provides that such authority is as provided in law.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Oct. 24, 2015. If ratified by the electors, the provisions of the amendments
become effective on Jan. 1, 2016.
(Amends Const. Art. VIII, §5(E); Adds Const. Art. VII, §2.1(C))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the engrossed bill:
1. Make technical amendments.
2. Change the proposed ballot language.
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CODING: Words in struck through type are deletions from existing law; words underscored
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