Louisiana 2015 2015 Regular Session

Louisiana Senate Bill SB65 Engrossed / Bill

                    SLS 15RS-464	ENGROSSED
2015 Regular Session
SENATE BILL NO. 65
BY SENATOR BUFFINGTON 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COLLEGES/UNIVERSITIES.  Provides relative to postsecondary education management
boards. (8/1/15)
1	AN ACT
2 To amend and reenact R.S. 17:3201, 3202, 3215, the introductory paragraph of R.S.
3 17:3217, and 3218, and to enact R.S. 17:3207.1, relative to postsecondary education;
4 to provide relative to colleges and universities and their management boards; to
5 provide terms, conditions, procedures, requirements and effects relative to certain
6 board actions concerning contracts and agreements; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 17:3201, 3202, 3215, the introductory paragraph of R.S. 17:3217,
10 and 3218 are hereby amended and reenacted and R.S. 17:3207.1 is hereby enacted to read
11 as follows:
12 §3201. Application of Chapter
13	A. Except as otherwise specifically provided in this Chapter, the provisions
14 of this Chapter shall apply in the same manner and to the same extent to the Board
15 of Supervisors of Louisiana State University and Agricultural and Mechanical
16 College, the Board of Supervisors of Southern University and Agricultural and
17 Mechanical College, the Board of Supervisors for the University of Louisiana
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1 System, the Board of Supervisors of Community and Technical Colleges, and any
2 other board vested with the supervision and management of institutions of
3 postsecondary education hereafter created.
4	B.(1) Except as otherwise provided by law for employees of public
5 institutions predominantly or exclusively providing vocational-technical educational
6 programs, the provisions of this Chapter shall apply in the same manner and to the
7 same extent to the institutions and the employees thereof that are under the
8 management of the Board of Supervisors of Community and Technical Colleges as
9 such provisions apply to those institutions and the employees thereof under the
10 management of the Board of Supervisors of Louisiana State University and
11 Agricultural and Mechanical College, the Board of Supervisors of Southern
12 University and Agricultural and Mechanical College, and the Board of Supervisors
13 for the University of Louisiana System.
14	(2) A student, faculty member, or other employee of an institution of higher
15 education transferred from another management board to the Board of Supervisors
16 of Community and Technical Colleges shall retain all previously earned benefits
17 provided by law, rule, or regulation and shall continue to earn such benefits as
18 provided by law, rule, or regulation prior to the transfer and, if otherwise qualified,
19 shall be eligible for any additional benefits as may be provided for such the student,
20 faculty member, or other employee by law, rule, or regulation.
21 §3202. Definitions
22	Unless the context otherwise clearly indicates, the following words and
23 phrases shall have the meaning hereinafter ascribed to each:
24	(1) "Board" or "boards" means shall mean the Board of Supervisors of
25 Louisiana State University and Agricultural and Mechanical College, the Board of
26 Supervisors of Southern University and Agricultural and Mechanical College, the
27 Board of Supervisors for the University of Louisiana System, and the Board of
28 Supervisors of Community and Technical Colleges, or any of these boards.
29	(2) "Community college" means shall mean any postsecondary institution
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1 which offers an associate academic degree as well as vocational-technical and other
2 educational programs, but which is not approved to offer a baccalaureate degree.
3	(3) "Postsecondary education system" or "system" means and refers shall
4 mean and refer to the programs and institutions under the jurisdiction of the
5 respective management boards for postsecondary education created by or under
6 authority of the Constitution of Louisiana.
7	*          *          *
8 §3207.1. Contracts and agreements; approval by postsecondary management
9	board; procedures
10	A. Notwithstanding any provision of law to the contrary, a postsecondary
11 management board shall not enter into any contract or agreement unless the
12 contract or agreement is substantially complete, reduced to writing, and
13 approved by a record vote of the majority of the board in a public meeting held
14 in accordance with the Open Meetings Law.
15	B. Nothing in this Section shall affect or limit:
16	(1) The authority of a postsecondary management board to perform its
17 constitutional responsibilities during a declared emergency in accordance with
18 law, rules, and regulations applicable to the emergency.
19	(2) The authority of a private nonprofit corporation acting in support of
20 a postsecondary institution pursuant to R.S. 17:3390.
21	*          *          *
22 §3215. Louisiana State University system
23	The Louisiana State University system is shall be composed of the
24 institutions under the supervision and management of the Board of Supervisors of
25 Louisiana State University and Agricultural and Mechanical College as follows:
26	(1) Louisiana State University and Agricultural and Mechanical College,
27 located at Baton Rouge and designated as the premier flagship university for the
28 state.
29	(3)(2) Louisiana State University at Alexandria, located at Chambers.
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1	(4)(3) Louisiana State University at Eunice.
2	(5)(4) Louisiana State University at Shreveport.
3	(6)(5) Louisiana State University Health Sciences Center at New Orleans,
4 which shall include medical and related health schools and programs located in New
5 Orleans including those state's medical centers transferred to the Board of
6 Supervisors of Louisiana State University and Agricultural and Mechanical College
7 as provided in Subpart C-2 of Part II of Chapter 4 of this Title, subject to provisions
8 of R.S. 17:1519 et seq.
9	(7)(6) Louisiana State University Health Sciences Center at Shreveport,
10 which shall include the medical school and related schools at Shreveport, Louisiana
11 State University Hospital at Shreveport, E. A. Conway Medical Center at Monroe,
12 and Huey P. Long Medical Center in Pineville.
13	(8)(7) The Center for Agricultural Sciences and Rural Development which
14 administers the agricultural extension and research of the board throughout the state.
15 The center shall also be responsible for conducting river water research.
16	(9)(8) Any other college, university, school, institution or program now or
17 hereafter under the supervision and management of the Board of Supervisors of
18 Louisiana State University and Agricultural and Mechanical College.
19	*          *          *
20 §3217. University of Louisiana System
21	The University of Louisiana System is shall be composed of the institutions
22 under the supervision and management of the Board of Supervisors for the
23 University of Louisiana System as follows:
24	*          *          *
25 §3218. Authority of system boards
26	The corporate authority, internal and otherwise, vested in the Board of
27 Supervisors of Louisiana State University and Agricultural and Mechanical College,
28 the Board of Supervisors of Southern University and Agricultural and Mechanical
29 College, the Board of Supervisors of Community and Technical Colleges, and the
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SLS 15RS-464	ENGROSSED
1 Board of Supervisors for the University of Louisiana System to supervise and
2 manage the systems under the jurisdiction of each, extends shall extend to all the
3 colleges and universities, branches, centers of learning, or extensions of such systems
4 now existing or hereafter established.
The original instrument was prepared by Thomas L. Tyler. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
SB 65 Engrossed 2015 Regular Session	Buffington
Present law, relative to colleges and universities, provides that except as otherwise
specifically provided in law, present law applies in the same manner and to the same extent
to the Board of Supervisors of Louisiana State University and Agricultural and Mechanical
College, the Board of Supervisors of Southern University and Agricultural and Mechanical
College, the Board of Supervisors of the University of Louisiana System, the Board of
Supervisors of Community and Technical Colleges, and any other board vested with the
supervision and management of institutions of postsecondary education hereafter created.
Present law provides that a student, faculty member, or other employee of an institution of
higher education transferred from another management board to the Board of Supervisors
of Community and Technical Colleges retains all previously earned benefits provided by
law, rule, or regulation and shall continue to earn such benefits as provided by law, rule, or
regulation prior to the transfer and, if otherwise qualified, shall be eligible for any additional
benefits as may be provided for such student, faculty member, or other employee by law,
rule, or regulation.
Proposed law makes technical changes, but otherwise retains present law.
Present law provides for definitions as follows:
(1)"Board" or "boards" means the Board of Supervisors of Louisiana State University
and Agricultural and Mechanical College, the Board of Supervisors of Southern
University and Agricultural and Mechanical College, and the Board of Supervisors
of Community and Technical Colleges, or any of these boards.
(2)"Community college" means any postsecondary institution which offers an associate
academic degree as well as vocational-technical and other educational programs, but
which is not approved to offer a baccalaureate degree.
(3)"Postsecondary education system" or "system" means and refers to the programs and
institutions under the jurisdiction of the respective management boards for
postsecondary education created by or under authority of the Constitution of
Louisiana.
Proposed law clarifies that the definitions includes words and phrases, but otherwise retains
present law.
Proposed law prohibits a postsecondary management board from entering into any contract
or agreement unless same is substantially complete, in writing, and approved by a record
vote of a majority of the board in a public meeting held in accordance with the Open
Meetings Law.
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Proposed law shall not affect or limit the authority of a postsecondary management board
to perform its constitutional responsibilities during a declared emergency nor does it limit
or affect the authority of a private nonprofit corporation acting in support of a postsecondary
institution.
Present law enumerates the institutions included in the L. S. U. system as:
(1)Louisiana State University and Agricultural and Mechanical College, located at
Baton Rouge and designated as the premier flagship university for the state.
(2)Louisiana State University at Alexandria, located at Chambers.
(3)Louisiana State University at Eunice.
(4)Louisiana State University at Shreveport.
(5)Louisiana State University Health Sciences Center at New Orleans, which shall
include medical and related health schools and programs located in New Orleans
including those state's medical centers transferred to the Board of Supervisors of
Louisiana State University and Agricultural and Mechanical College as provided in
Subpart C-2 of Part II of Chapter 4 of this Title, subject to provisions of R.S.
17:1519 et seq.
(6)The Center for Agricultural Sciences and Rural Development which administers the
agricultural extension and research programs of the board throughout the state. The
center shall also be responsible for conducting river water research.
(7)Any other college, university, school, institution, or program now or hereafter under
the supervision and management of the Board of Supervisors of Louisiana State
University and Agricultural and Mechanical College board.
Proposed law makes technical changes and removes the listing of medical centers, but
otherwise retains present law.
Present law provides that the institutions included in the L. S. U. system includes the
Louisiana State University Health Sciences Center at Shreveport, which shall include the
medical school and related schools at Shreveport, Louisiana State University Hospital at
Shreveport, E. A. Conway Medical Center at Monroe, and Huey P. Long Medical Center in
Pineville.
Proposed law retains this provision but provides that the system include the Louisiana State
University Health Sciences Center at Shreveport, which shall include the medical school and
related schools at Shreveport but excludes specific reference to the Louisiana State
University Hospital at Shreveport, E. A. Conway Medical Center at Monroe, and Huey P.
Long Medical Center in Pineville.
Present law enumerates the institutions within the University of Louisiana System.
Proposed law makes technical changes, but otherwise retains present law.
Present law provides that the corporate authority, internal and otherwise, vested in the Board
of Supervisors of Louisiana State University and Agricultural and Mechanical College, the
Board of Supervisors of Southern University and Agricultural and Mechanical College, the
Board of Supervisors of Community and Technical Colleges, to supervise and manage the
systems under the jurisdiction of each, extends to all the colleges and universities, branches,
centers of learning, or extensions of such systems now existing or hereafter established.
Proposed law extends board authority to colleges and universities, branches, centers of
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learning, or extensions which are transferred into the system, but otherwise retains present
law.
Effective August 1, 2015.
(Amends R.S. 17:3201, 3202, 3215, 3217(intro para), and 3218; adds R.S. 17:3207.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Prohibits a postsecondary management board from entering into any contract
or agreement unless same is substantially complete, in writing, and approved
by a record vote of a majority of the board in a public meeting held in
accordance with the Open Meetings Law.  Specifies that such prohibition
shall not affect the board's authority to perform responsibilities during a
declared emergency nor limit the authority of a private nonprofit supporting
a postsecondary institution.
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