HLS 16RS-1066 ORIGINAL 2016 Regular Session HOUSE BILL NO. 374 BY REPRESENTATIVE STEVE CARTER HIGHER EDUCATION: Provides relative to required qualifications for members of public postsecondary education boards 1 AN ACT 2To amend and reenact R.S. 17:1453(A), 1831(B), 1851(B), 1871(A)(1), and 3121(B), 3 relative to qualifications of members of postsecondary education management boards 4 and the Board of Regents; to require specified qualifications for board members; to 5 provide for appointments to implement the Act; and to provide for related matters. 6Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 17:1453(A), 1831(B), 1851(B), 1871(A)(1), and 3121(B) are hereby 8amended and reenacted to read as follows: 9 §1453. Terms and appointment of members of board 10 A.(1) The Board of Supervisors of Louisiana State University and 11 Agricultural and Mechanical College is created as a body corporate in accordance 12 with the provisions of Article VIII, Section 7 of the Constitution of 1974. The board 13 shall be composed of fifteen members appointed by the governor with the consent 14 of the Senate. Two members shall be appointed from each congressional district and 15 the remaining member or members shall be appointed from the state at large. 16 (2)(a) In making his appointments the governor shall ensure that the board 17 membership includes the following members with the qualifications specified: 18 (i) At least one member with at least five years experience as the chief 19 executive officer, chief financial officer, or equivalent leadership officer of a large 20 corporation or company within one of the largest manufacturing or business Page 1 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1066 ORIGINAL HB NO. 374 1 components of the state's economy, such as construction, utilities, chemical 2 manufacturing or processing, oil and gas, other manufacturing, banking, or finance. 3 (ii) At least one member who holds a Master of Business Administration 4 degree or has had at least fifteen years of management experience in private business 5 or industry. 6 (iii) At least three members who are graduates of an institution within the 7 Louisiana State University system. 8 (iv) One member who is appointed from a total of five nominees 9 recommended to the governor jointly by the Council for a Better Louisiana, the 10 Public Affairs Research Council, and the Louisiana Association of Business and 11 Industry. 12 (v) At least one member who has five years experience as an executive in the 13 public sector in the field of economic development or workforce development. 14 (vi) At least one member who has at least five years management experience 15 in the public sector in the field of budget preparation and control or human resources 16 management. 17 (b) In making his appointments the governor shall ensure that at least seven 18 members of the board meet the qualifications required by at least one of the Items 19 in Subparagraph (a) of this Paragraph and that as a whole the members meet the 20 qualifications for all Items in Subparagraph (a) of this Paragraph. 21 (c) The board should be representative of the state's population by race and 22 gender to ensure diversity. 23 (3) Each member shall serve a term of six years, which shall expire on June 24 1 of the sixth year of the term to which he is appointed, or until his successor is 25 appointed and takes office. 26 * * * 27 §1831. Board of Supervisors for the University of Louisiana System; creation; 28 membership; terms of office; vacancies 29 * * * Page 2 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1066 ORIGINAL HB NO. 374 1 B.(1) The board shall be composed of fifteen members. Two members from 2 each congressional district shall be appointed by the governor and one or more 3 members shall be appointed by the governor from the state at large. All such 4 appointments shall be made with the consent of the Senate. 5 (2)(a) In making his appointments the governor shall ensure that the board 6 membership includes the following members with the qualifications specified: 7 (i) At least one member with at least five years experience as the chief 8 executive officer, chief financial officer, or equivalent leadership officer of a large 9 corporation or company within one of the largest manufacturing or business 10 components of the state's economy, such as construction, utilities, chemical 11 manufacturing or processing, oil and gas, other manufacturing, banking, or finance. 12 (ii) At least one member who holds a Master of Business Administration 13 degree or has had at least fifteen years of management experience in private business 14 or industry. 15 (iii) At least three members who are graduates of an institution within the 16 University of Louisiana system. 17 (iv) One member who is appointed from a total of five nominees 18 recommended to the governor jointly by the Council for a Better Louisiana, the 19 Public Affairs Research Council, and the Louisiana Association of Business and 20 Industry. 21 (v) At least one member who has five years experience as an executive in the 22 public sector in the field of economic development or workforce development. 23 (vi) At least one member who has at least five years management experience 24 in the public sector in the field of budget preparation and control or human resources 25 management. 26 (b) In making his appointments the governor shall ensure that at least seven 27 members of the board meet the qualifications required by at least one of the Items 28 in Subparagraph (a) of this Paragraph and that as a whole the members meet the 29 qualifications for all Items in Subparagraph (a) of this Paragraph. Page 3 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1066 ORIGINAL HB NO. 374 1 (c) The board should be representative of the state's population by race and 2 gender to ensure diversity. 3 * * * 4 §1851. Board of Supervisors of Southern University and Agricultural and 5 Mechanical College; creation; membership; terms of office; vacancies 6 * * * 7 B.(1) The board shall be composed of fifteen members to be appointed by 8 the governor, two members from each congressional district and the remaining 9 member or members from the state at large. All such appointments shall be made 10 with the consent of the Senate. 11 (2)(a) In making his appointments the governor shall ensure that the board 12 membership includes the following members with the qualifications specified: 13 (i) At least one member with at least five years experience as the chief 14 executive officer, chief financial officer, or equivalent leadership officer of a large 15 corporation or company within one of the largest manufacturing or business 16 components of the state's economy, such as construction, utilities, chemical 17 manufacturing or processing, oil and gas, other manufacturing, banking, or finance. 18 (ii) At least one member who holds a Master of Business Administration 19 degree or has had at least fifteen years of management experience in private business 20 or industry. 21 (iii) At least three members who are graduates of an institution within the 22 Southern University system. 23 (iv) One member who is appointed from a total of five nominees 24 recommended to the governor jointly by the Council for a Better Louisiana, the 25 Public Affairs Research Council, and the Louisiana Association of Business and 26 Industry. 27 (v) At least one member who has five years experience as an executive in the 28 public sector in the field of economic development or workforce development. Page 4 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1066 ORIGINAL HB NO. 374 1 (vi) At least one member who has at least five years management experience 2 in the public sector in the field of budget preparation and control or human resources 3 management. 4 (b) In making his appointments the governor shall ensure that at least seven 5 members of the board meet the qualifications required by at least one of the Items 6 in Subparagraph (a) of this Paragraph and that as a whole the members meet the 7 qualifications for all Items in Subparagraph (a) of this Paragraph. 8 * * * 9 §1871. Board of Supervisors of Community and Technical Colleges; establishment; 10 members; qualifications and terms; vacancies; duties 11 A.(1)(a) The Board of Supervisors of Community and Technical Colleges 12 is created as a body corporate. The board shall be composed of fifteen members 13 appointed by the governor with the consent of the Senate and of such appointments: 14 (i) One member shall be appointed by the governor from among three 15 persons nominated by the Louisiana AFL-CIO. 16 (ii) One member shall be appointed by the governor from among three 17 persons nominated by the Louisiana Association of Business and Industry. 18 (iii) Two members shall be appointed by the governor from among six 19 persons nominated by the State Board of Elementary and Secondary Education. 20 (ii) At least one member shall be appointed by the governor who has at least 21 five years experience as the chief executive officer, chief financial officer, or 22 equivalent leadership officer of a large corporation or company within one of the 23 largest manufacturing or business components of the state's economy, such as 24 construction, utilities, chemical manufacturing or processing, oil and gas, other 25 manufacturing, banking, or finance. 26 (iii) One member shall be appointed by the governor who has at least two 27 years experience as the chief executive officer, chief financial officer, or equivalent 28 leadership officer of a corporation or company engaged in one of Louisiana's three Page 5 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1066 ORIGINAL HB NO. 374 1 largest emerging industries or business activities as determined by the Department 2 of Economic Development. 3 (iv) One member shall be appointed by the governor who holds a Master of 4 Business Administration degree or has had at least fifteen years of management 5 experience in private business or industry. 6 (v) One member shall be appointed by the governor from a total of five 7 nominees recommended to the governor jointly by the Council for a Better 8 Louisiana, the Public Affairs Research Council, and the Louisiana Association of 9 Business and Industry. 10 (vi) One member shall be appointed by the governor who has five years 11 experience as an executive in the public sector in the field of economic development 12 or workforce development. 13 (vii) One member shall be appointed by the governor who has at least five 14 years management experience in the public sector in the field of budget preparation 15 and control or human resources management. 16 (b) In making his appointments the governor shall ensure that at least seven 17 members of the board meet the qualifications required by at least one of the Items 18 in Subparagraph (a) of this Paragraph and that as a whole the members meet the 19 qualifications for all Items in Subparagraph (a) of this Paragraph. 20 (b)(c) In addition, the board shall have two student members who shall serve 21 one-year terms and shall be selected as provided in R.S. 17:1806. 22 (c)(d) Of the members selected and appointed by the governor, there shall 23 be two members from each congressional district and the remaining member or 24 members from the state at large. 25 * * * 26 §3121. Board of Regents; creation; membership; terms of office; vacancies; 27 responsibilities 28 * * * Page 6 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1066 ORIGINAL HB NO. 374 1 B.(1) The board shall be composed of fifteen members appointed by the 2 governor with the consent of the Senate, who are electors of the state. Two members 3 shall be from each congressional district and the remaining member or members 4 from the state at large. 5 (2)(a) In making his appointments the governor shall ensure that the board 6 membership includes the following members with the qualifications specified: 7 (i) At least one member with at least five years experience as the chief 8 executive officer, chief financial officer, or equivalent leadership officer of a large 9 corporation or company within one of the largest manufacturing or business 10 components of the state's economy, such as construction, utilities, chemical 11 manufacturing or processing, oil and gas, other manufacturing, banking, or finance. 12 (ii) At least one member who holds a Master of Business Administration 13 degree or has had at least fifteen years of management experience in private business 14 or industry. 15 (iii) At least three members who are graduates of a public postsecondary 16 education institution in the state, at least one of whom holds an associate degree from 17 such an institution, at least one of whom holds a baccalaureate degree from such an 18 institution, and at least one of whom holds a post baccalaureate degree from such an 19 institution. 20 (iv) One member who is appointed from a total of five nominees 21 recommended to the governor jointly by the Council for a Better Louisiana, the 22 Public Affairs Research Council, and the Louisiana Association of Business and 23 Industry. 24 (v) At least one member who has five years experience as an executive in the 25 public sector in the field of economic development or workforce development. 26 (vi) At least one member who has at least five years management experience 27 in the public sector in the field of budget preparation and control or human resources 28 management. Page 7 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1066 ORIGINAL HB NO. 374 1 (b) In making his appointments the governor shall ensure that at least seven 2 members of the board meet the qualifications required by at least one of the Items 3 in Subparagraph (a) of this Paragraph and that as a whole the members meet the 4 qualifications for all Items in Subparagraph (a) of this Paragraph. 5 (c) The board should be representative of the state's population by race and 6 gender to ensure diversity. 7 * * * 8 Section 2. In order to implement the provisions of this Act, the governor shall make 9appointments to fill each vacancy that occurs on a board for which member qualifications 10are provided in this Act by appointing a member whose qualifications meet the qualifications 11specified in this Act and shall continue to fill each vacancy in such manner until the 12membership of each board is in compliance with the qualifications required by this Act. 13Thereafter, the governor shall make appointments to fill vacancies on such boards so as to 14provide for continued compliance with this Act. 15 Section 3. This Act shall take effect and become operative if and when the proposed 16amendment of Article VIII of the Constitution of Louisiana contained in the Act which 17originated as House Bill No. ____ of this 2016 Regular Session of the Legislature is adopted 18at a statewide election and becomes effective. 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 374 Original 2016 Regular Session Steve Carter Abstract: Requires certain qualifications for members appointed to the postsecondary education management boards and the Bd. of Regents. Present constitution and present law create and provide for the membership of the Bd. of Regents and the postsecondary education management boards (La. State University (LSU), Southern University (SU), and University of La. (UL) boards of supervisors and the Bd. 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 Bd. of Regents and the LCTCS board should be representative of the state's population by race and gender to ensure diversity, but otherwise present constitution provides no qualifications for the boards. Present law provides certain qualifications for the LCTCS board (see digest below). Page 8 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1066 ORIGINAL HB NO. 374 Proposed law, relative to the LSU, SU, and UL boards of supervisors and the Bd. 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 La., the Public Affairs Research Council, and the La. 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 Bd. 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 La. AFL-CIO. (2)One member from among three persons nominated by the La. Assoc. of Business and Industry (LABI). (3)Two members from among six persons nominated by the State Bd. 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. (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 Page 9 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-1066 ORIGINAL HB NO. 374 engaged in one of Louisiana's three largest emerging industries or business activities as determined by the Dept. 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 2016 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)) Page 10 of 10 CODING: Words in struck through type are deletions from existing law; words underscored are additions.