HLS 16RS-542 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 152
BY REPRESENTATIVE EDMONDS
HIGHER EDUCATION: (Constitutional Amendment) Relative to management of public
postsecondary education, abolishes the Board of Regents and the management
boards and transfers their powers, duties, and responsibilities to a newly created
Louisiana Postsecondary Education Board of Trustees
1 A JOINT RESOLUTION
2Proposing to amend Article IV, Section 22(A), Article VII, Sections 10.1(C)(1) and (3) and
3 (D)(1)(introductory paragraph) and 10.4(B)(1), (3), and (4), and Article VIII,
4 Sections 5 and 16, to add Part IV of Article XIV, to be comprised of Section 41, and
5 to repeal Article VIII, Sections 6, 7, 7.1, 8(B) and (D), and 12 of the Constitution of
6 Louisiana to provide for the governance of public postsecondary education; to create
7 the Louisiana Postsecondary Education Board of Trustees; to abolish the Board of
8 Regents and the postsecondary education management boards and transfer their
9 powers, duties, and responsibilities to the board of trustees; to provide relative to the
10 operation and management of public hospitals by the board of trustees; and to
11 provide for related matters.
12 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
13elected to each house concurring, that there shall be submitted to the electors of the state of
14Louisiana, for their approval or rejection in the manner provided by law, a proposal to
15amend Article IV, Section 22(A) of the Constitution of Louisiana, to read as follows:
16 §22. Term Limits; Certain Boards and Commissions
17 (A) A person who has served as a member of any one or more of the
18 following boards or commissions for more than two and one-half terms in three
19 consecutive terms combined shall not serve as a member of any of the following
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1 boards or commissions for a period of at least two years after the completion of such
2 consecutive terms of service:
3 (1) The Public Service Commission.
4 (2) The State Board of Elementary and Secondary Education.
5 (3) The Board of Regents Louisiana Postsecondary Education Board of
6 Trustees.
7 (4) The Board of Supervisors for the University of Louisiana System.
8 (5) The Board of Supervisors of Louisiana State University and Agricultural
9 and Mechanical College.
10 (6) The Board of Supervisors of Southern University and Agricultural and
11 Mechanical College.
12 (7) The Board of Supervisors of Community and Technical Colleges.
13 (8) The Forestry Commission.
14 (9) (5) The State Civil Service Commission.
15 (10) (6) The State Police Commission.
16 * * *
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
19Louisiana, for their approval or rejection in the manner provided by law, a proposal to
20amend Article VII, Sections 10.1(C)(1) and (3) and (D)(1)(introductory paragraph) and
2110.4(B)(1), (3), and (4) of the Constitution of Louisiana, to read as follows:
22 §10.1. Quality Trust Fund; Education
23 Section 10.1.
24 * * *
25 (C) Reports; Allocation. (1) The State Board of Elementary and Secondary
26 Education and the Board of Regents Louisiana Postsecondary Education Board of
27 Trustees shall annually submit to the legislature and the governor, not less than sixty
28 days prior to the beginning of each regular session of the legislature, a proposed
29 program and budget for the expenditure of the monies in the Support Fund.
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1 Proposals for such expenditures shall be designed to improve the quality of education
2 and shall specifically designate those monies to be used for administrative costs, as
3 defined and authorized by law.
4 * * *
5 (3) The legislature shall appropriate the total amount intended for higher
6 educational purposes to the Board of Regents Trustees and the total amount intended
7 for elementary and secondary educational purposes to the State Board of Elementary
8 and Secondary Education which boards shall allocate the monies so appropriated to
9 the programs as previously approved by the legislature.
10 * * *
11 (D) Disbursement; Higher Education and Elementary and Secondary
12 Education. (1) The treasurer shall disburse not more than fifty percent of the monies
13 in the Support Fund as that money is appropriated by the legislature and allocated by
14 the Board of Regents Trustees for any or all of the following higher educational
15 purposes to enhance economic development:
16 * * *
17 §10.4. Higher Education Louisiana Partnership Fund; Program
18 Section 10.4.
19 * * *
20 (B) Higher Education Louisiana Partnership Program. (1) Upon
21 appropriation by the legislature, the monies in the fund shall be divided into
22 matching grants for the Higher Education Louisiana Partnership Program which shall
23 be administered by the Board of Regents Louisiana Postsecondary Education Board
24 of Trustees. The Board of Regents board may allocate program funds to each public
25 or independent institution of higher education on a one to one and one-half matching
26 basis or one twenty thousand dollar state matching grant for each thirty thousand
27 dollars raised specifically for the purposes of participation in the Higher Education
28 Louisiana Partnership Program by the institutions of higher education from private
29 sources. The state matching portion shall be allocated by the Board of Regents
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1 Trustees only after it determines that an eligible institution has accumulated not less
2 than the minimum required amount from private sources for the purposes of the
3 Higher Education Louisiana Partnership Program.
4 * * *
5 (3) State matching funds shall be applied only to private source funds
6 contributed after July 1, 1991, and pledged for the purposes of this Section as
7 certified by the Board of Regents Trustees. Pledged contributions shall not be
8 eligible for state matching funds prior to their actual collection.
9 (4) Each institution of higher education may establish its own Higher
10 Education Louisiana Partnership Program fund as a depository for private
11 contributions and state matching funds as provided herein. The state matching funds
12 allocated by the Board of Regents Trustees shall be transferred to an institution upon
13 notification that the institution has received and deposited the necessary private
14 contributions in its own Higher Education Louisiana Partnership Program fund.
15 * * *
16 Section 3. Be it resolved by the Legislature of Louisiana, two-thirds of the members
17elected to each house concurring, that there shall be submitted to the electors of the state of
18Louisiana, for their approval or rejection in the manner provided by law, a proposal to
19amend Article VIII, Sections 5 and 16 of the Constitution of Louisiana, to read as follows:
20 §5. Board of Regents Louisiana Postsecondary Education Board of Trustees
21 Section 5.(A) Creation; Functions. The Board of Regents Louisiana
22 Postsecondary Education Board of Trustees, referred to in this Section as the board
23 or the Board of Trustees, is created as a body corporate. It shall plan, coordinate,
24 supervise, manage, and have budgetary responsibility for all public postsecondary
25 education. and The board shall have other powers, duties, and responsibilities
26 provided in this Section or by law.
27 (B)(1) Membership; Terms. The board shall be composed of fifteen
28 members, of whom two members shall be from each congressional district and the
29 remaining member or members shall be from the state at large, and all of whom shall
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1 be appointed by the governor, with consent of the Senate, for overlapping terms of
2 six years, following initial terms which shall be fixed by law. The board should be
3 representative of the state's population by race and gender to ensure diversity.
4 (2) No person who has served as a member of the board for more than two
5 and one-half terms in three consecutive terms shall be appointed to the board for the
6 succeeding term. This Subparagraph shall not apply to any person appointed to the
7 board prior to the effective date of this Subparagraph, except that it shall apply to any
8 term of service of any such person that begins after such date.
9 In addition to the members provided for in Subparagraph (1) of this
10 Paragraph, the legislature may provide for the membership of one student on the
11 board. The term of a student member shall not exceed one year, and no student
12 member shall be eligible to succeed himself. A student member shall have all of the
13 privileges and rights of other board members.
14 (C) Vacancy. A vacancy occurring prior to the expiration of a term shall be
15 filled for the remainder of the unexpired term by appointment by the governor, with
16 consent of the Senate. A change in congressional districts does not cause a vacancy,
17 regardless of the geographic distribution of members resulting from the change;
18 however, based on congressional districts as they exist at the time a vacancy is being
19 filled, the governor shall, to the extent possible, fill vacancies so that there will be
20 at least two members from each congressional district as required by Subparagraph
21 (B)(1) of this Section.
22 (D) Powers. The Board of Regents Trustees shall meet with the State Board
23 of Elementary and Secondary Education at least twice a year to coordinate programs
24 of public elementary, secondary, vocational-technical, career, and higher education.
25 The Board of Regents Trustees shall have the following powers, duties, and
26 responsibilities relating to public institutions of postsecondary education:
27 (1) To revise or eliminate an existing degree program, department of
28 instruction, division, or similar subdivision.
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1 (2) To approve, disapprove, or modify a proposed degree program,
2 department of instruction, division, or similar subdivision.
3 (3)(a) To study the need for and feasibility of creating a new institution of
4 postsecondary education, which includes establishing a branch of such an institution
5 or converting any non-degree granting institution to an institution which grants
6 degrees or converting any college or university which is limited to offering degrees
7 of a lower rank than baccalaureate to a college or university that offers baccalaureate
8 degrees or merging any institution of postsecondary education into any other
9 institution of postsecondary education, establishing a new management board, and
10 transferring a college or university from one board to another.
11 (b) If the creation of a new institution, or the merger of any institutions, the
12 addition of another management board, or the transfer of an existing institution of
13 higher education from one board to another is proposed, the Board of Regents
14 Trustees shall report its written findings and recommendations to the legislature
15 within one year. Only after the report has been filed, or after one year from the
16 receipt of a request for a report from the legislature if no report is filed, may the
17 legislature take affirmative action on such a proposal and then only by law enacted
18 by two-thirds of the elected members of each house.
19 (4) To formulate and make timely revision of a master plan for
20 postsecondary education. As a minimum, the plan shall include a formula for
21 equitable distribution of funds to the institutions of postsecondary education.
22 (5) To require that every postsecondary education board institution submit
23 to it, at a time it specifies, an annual budget proposal for its operational needs and
24 for capital needs of each institution under the control of each board. The Board of
25 Regents Trustees shall submit its budget recommendations for all institutions of
26 postsecondary education in the state. It shall recommend priorities for capital
27 construction and improvements.
28 (E) Powers Not Vested. Powers of management over public institutions of
29 postsecondary education not specifically vested by this Section in the Board of
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1 Regents are reserved to the Board of Supervisors of Louisiana State University and
2 Agricultural and Mechanical College, the Board of Supervisors of Southern
3 University and Agricultural and Mechanical College, the Board of Trustees for State
4 Colleges and Universities, the Board of Supervisors of Community and Technical
5 Colleges, and any other such board created pursuant to this Article, as to the
6 institutions under the control of each. Appropriations. Appropriations for the
7 institutions of public postsecondary education and for all other public postsecondary
8 education purposes shall be made to and administered by the Board of Trustees and
9 shall be used solely as provided by law.
10 * * *
11 §16. Public Hospitals
12 Section 16. Notwithstanding any provision of this Article to the contrary, the
13 legislature may provide by law for the supervision, operation, and management of
14 public hospitals and their programs by the Louisiana Postsecondary Education Board
15 of Regents or by any board having powers of management over public institutions
16 of higher education created by this constitution or pursuant to this Article Trustees.
17 Such laws may include but shall not be limited to laws providing for the submission
18 and approval of capital and operating budgets, appropriations and expenditures, the
19 supervision, management, and oversight of the hospitals and their programs, and
20 legislative review and disapproval of related rules. This Section shall not apply to
21 institutions and programs operated or managed prior to January 1, 1997, by any
22 higher education management board created by this Article.
23 Section 4. Be it further resolved by the Legislature of Louisiana, two-thirds of the
24members elected to each house concurring, that there shall be submitted to the electors of
25the state of Louisiana, for their approval or rejection in the manner provided by law, a
26proposal to add Part IV of Article XIV of the Constitution of Louisiana, comprised of
27Section 41, to read as follows:
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1 PART IV
2 §41. Louisiana Postsecondary Education Board of Trustees; Implementation
3 (A) On January 1, 2018, the Board of Regents, the Board of Supervisors of
4 Louisiana State University and Agricultural and Mechanical College, the Board of
5 Supervisors of Southern University and Agricultural and Mechanical College, the
6 Board of Supervisors for the University of Louisiana System, and the Board of
7 Supervisors of Community and Technical Colleges are abolished and on that date,
8 except as inconsistent with the amendment creating the Louisiana Postsecondary
9 Education Board of Trustees, referred to in this Section as the "Trustees", the
10 Trustees is created and the powers, duties, functions, and responsibilities of such
11 abolished boards are transferred to the Trustees.
12 (B) The Board of Regents, the Board of Supervisors of Louisiana State
13 University and Agricultural and Mechanical College, the Board of Supervisors of
14 Southern University and Agricultural and Mechanical College, the Board of
15 Supervisors for the University of Louisiana System, and the Board of Supervisors
16 of Community and Technical Colleges shall take such action prior to January 1,
17 2018, to provide for implementation of the Trustees on that date. The governor shall
18 appoint the initial members of the Trustees not later than March 1, 2017, and such
19 members shall take such actions as authorized by law to provide for implementation
20 of the Trustees on January 1, 2018. In making initial appointments, the governor
21 shall designate the expiration date of the term to which each initial member is
22 appointed. The designations shall be made in such manner as to cause the terms of
23 five initial members to expire in 2019, five in 2021, and five in 2023.
24 (C) The legislature shall provide by law, not inconsistent with the
25 constitutional amendment creating the Trustees, for the implementation of such
26 amendment and for the transfer of such powers, duties, functions, and
27 responsibilities.
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1 Section 5. Be it resolved by the Legislature of Louisiana, two-thirds of the members
2elected to each house concurring, that there shall be submitted to the electors of the state of
3Louisiana, for their approval or rejection in the manner provided by law, a proposal to repeal
4Article VIII, Sections 6, 7, 7.1, 8(B) and (D), and 12 of the Constitution of Louisiana.
5 Section 6. Be it further resolved that this proposed amendment shall be submitted
6to the electors of the state of Louisiana at the statewide election to be held on November 8,
72016.
8 Section 7. Be it further resolved that the provisions of this amendment shall become
9effective on January 1, 2018, except that the provisions of Article XIV, Section 41 shall
10become effective on January 1, 2017.
11 Section 8. Be it further resolved that on the official ballot to be used at the election,
12there shall be printed a proposition, upon which the electors of the state shall be permitted
13to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
14follows:
15 Do you support an amendment to reorganize the governance of public
16 postsecondary education, including provisions to create the Louisiana
17 Postsecondary Education Board of Trustees as a single governing board for
18 public postsecondary education, to abolish the Board of Regents and the
19 management boards of the postsecondary education systems, and to transfer
20 the powers, duties, and responsibilities of the abolished boards to the new
21 board of trustees? (Effective January 1, 2018, except that implementation
22 provisions are effective January 1, 2017) (Amends Const. Art. IV, §22(A),
23 Art. VII, §§10.1(C)(1) and (3) and (D)(1)(introductory paragraph) and
24 10.4(B)(1), (3), and (4), and Art. VIII, §§5 and 16; Adds Art. XIV, §41;
25 Repeals Art. VIII, §§6, 7, 7.1, 8(B) and (D), and 12)
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HB NO. 152
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 152 Original 2016 Regular Session Edmonds
Abstract: Creates the La. Postsecondary Education Board of Trustees as a single governing
board for public postsecondary education; abolishes the Board of Regents and the
management boards of the postsecondary education systems, and transfers the
powers, duties, and responsibilities of the abolished boards to the new Board of
Trustees.
Present constitution, relative to public postsecondary education governance:
(1)Establishes the Board of Regents to plan, coordinate, and have budgetary
responsibility for all public postsecondary education.
(2)Creates the Board of Supervisors for the University of La. System, the Board of
Supervisors of La. State University and Agricultural and Mechanical College, and
the Board of Supervisors of Southern University and Agricultural and Mechanical
College, all having supervision and management responsibilities for "four-year"
colleges and universities and agricultural and other system programs.
(3)Creates and provides for the Board of Supervisors of Community and Technical
Colleges, which is the management board for all programs of public postsecondary
vocational-technical training, and, as provided by law, institutions of higher
education which offer associate degrees but not baccalaureate degrees.
Present constitution specifies the powers of the Board of Regents. Provides that powers of
management over public institutions of postsecondary education not specifically vested by
the constitution in the Board of Regents are reserved to the management boards as to the
institutions under the control of each.
Proposed constitutional amendment abolishes the Board of Regents and all four management
boards and creates the La. Postsecondary Education Board of Trustees. Provides that the
Board of Trustees shall have the powers of the Board of Regents to plan, coordinate, and
have budgetary responsibility for all public postsecondary education and shall also have the
management and supervision authority of the management boards.
Present constitution provides that the Board of Regents is comprised of two members from
each congressional district and remaining members from the state at large, all appointed by
the governor, subject to Senate confirmation, for staggered six-year terms. Provides that the
board should be representative of the state's population by race and gender to ensure
diversity. Proposed constitutional amendment retains these provisions applicable to the
Board of Trustees.
Present constitution authorizes the legislature to provide for one student member to serve on
the Board of Regents for one term of one year and to have the rights of other board
members. Proposed constitutional amendment retains these provisions applicable to the
Board of Trustees.
Proposed constitutional amendment otherwise generally provides that the Board of Trustees
exercises the powers and duties of the abolished Board of Regents, including authority:
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(1)To revise or eliminate an existing degree program, department of instruction,
division, or similar subdivision.
(2)To approve, disapprove, or modify a proposed degree program, department of
instruction, division, or similar subdivision.
(3)To study the need for and feasibility of creating a new institution of postsecondary
education, establishing a branch of an institution, converting an institution that does
not grant degrees to one that does, and converting an institution that grants degrees
of lower rank than a baccalaureate degree to one that offers such degrees, or merging
any institution of postsecondary education into another.
(4)To formulate and make timely revision of a master plan for postsecondary education
which as a minimum shall include a formula for equitable distribution of funds to the
institutions of postsecondary education.
(5)To require that each institution (instead of each management board) submit to it, at
a time it specifies, an annual budget proposal for its operational and capital needs.
Requires the board to submit its budget recommendations for all postsecondary
education institutions and recommend priorities for capital construction and
improvements.
(6)To meet with the State Board of Elementary and Secondary Education at least twice
a year to coordinate programs of public elementary, secondary, vocational-technical,
career, and higher education.
Present constitution provides that appropriations for the institutions of higher education be
made to their managing boards. Proposed constitutional amendment provides that
appropriations for public postsecondary education institutions and other public
postsecondary education purposes be made to and administered by the Board of Trustees.
Proposed constitutional amendment retains present constitution provisions for limitations
of the terms a member may serve, not more than 2-1/2 in three consecutive terms, and makes
them applicable to the Board of Trustees.
Present constitution authorizes the legislature to provide for operation and management of
public hospitals and their programs by the Board of Regents or a management board.
Excepts from such authority institutions and programs operated by a management board
prior to Jan. 1, 1997. Proposed constitutional amendment authorizes the legislature to
provide for operation and management of public hospitals by the Board of Trustees.
Removes exception for institutions and programs operated by a management board prior to
Jan. 1, 1997.
Relative to implementation, proposed constitutional amendment provides that on the
effective date of the amendment (Jan. 1, 2018), the powers, duties, functions, and
responsibilities of the abolished boards are transferred to the Board of Trustees. Requires
the legislature to provide by law for the implementation of the amendment and for the
transfer of such powers, duties, functions, and responsibilities. Further provides that the
Board of Regents and the management boards shall take such action prior to Jan. 1, 2018,
as necessary to provide for implementation of the Board of Trustees on that date. Requires
the governor to appoint the initial members of the Trustees not later than March 1, 2017.
Such members shall take actions as authorized by law to provide for implementation of the
Board of Trustees on Jan. 1, 2018.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 8, 2016.
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Effective January 1, 2018, except transition provisions are effective January 1, 2017.
(Amends Const. Art. IV, §22(A), Art. VII, §§10.1(C)(1) and (3) and (D)(1)(intro. para.) and
10.4(B)(1), (3), and (4), and Art. VIII, §§5 and 16; Adds Const. Art. XIV, §41; Repeals
Const. Art. VIII, §§6, 7, 7.1, 8(B) and (D), and 12)
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