HLS 16RS-1066 REENGROSSED
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
21 components of the state's economy, such as construction, utilities, chemical
22 manufacturing or processing, oil and gas, other manufacturing, banking, or finance.
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1 (ii) At least one member who holds a Master of Business Administration
2 degree or has had at least fifteen years of management experience in private business
3 or industry.
4 (iii) At least three members who are graduates of an institution within the
5 Louisiana State University system.
6 (iv) At least one member who has five years experience as an executive in
7 the public sector in the field of economic development or workforce development.
8 (v) At least one member who has at least five years management experience
9 in the public sector in the field of budget preparation and control or human resources
10 management.
11 (b) In making his appointments the governor shall ensure that at least seven
12 members of the board meet the qualifications required by at least one of the Items
13 in Subparagraph (a) of this Paragraph and that as a whole the members meet the
14 qualifications for all Items in Subparagraph (a) of this Paragraph.
15 (c) The board should be representative of the state's population by race and
16 gender to ensure diversity.
17 (3) Each member shall serve a term of six years, which shall expire on June
18 1 first of the sixth year of the term to which he is appointed, or until his successor is
19 appointed and takes office.
20 * * *
21 §1831. Board of Supervisors for the University of Louisiana System; creation;
22 membership; terms of office; vacancies
23 * * *
24 B.(1) The board shall be composed of fifteen members. Two members from
25 each congressional district shall be appointed by the governor and one or more
26 members shall be appointed by the governor from the state at large. All such
27 appointments shall be made with the consent of the Senate.
28 (2)(a) In making his appointments the governor shall ensure that the board
29 membership includes the following members with the qualifications specified:
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1 (i) At least one member with at least five years experience as the chief
2 executive officer, chief financial officer, or equivalent leadership officer of a large
3 corporation or company within one of the largest manufacturing or business
4 components of the state's economy, such as construction, utilities, chemical
5 manufacturing or processing, oil and gas, other manufacturing, banking, or finance.
6 (ii) At least one member who holds a Master of Business Administration
7 degree or has had at least fifteen years of management experience in private business
8 or industry.
9 (iii) At least three members who are graduates of an institution within the
10 University of Louisiana system.
11 (iv) At least one member who has five years experience as an executive in
12 the public sector in the field of economic development or workforce development.
13 (v) At least one member who has at least five years management experience
14 in the public sector in the field of budget preparation and control or human resources
15 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 (c) The board should be representative of the state's population by race and
21 gender to ensure diversity.
22 * * *
23 §1851. Board of Supervisors of Southern University and Agricultural and
24 Mechanical College; creation; membership; terms of office; vacancies
25 * * *
26 B.(1) The board shall be composed of fifteen members to be appointed by
27 the governor, two members from each congressional district and the remaining
28 member or members from the state at large which shall be selected from a list of
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1 names submitted by the Southern University Alumni Federation. All such
2 appointments shall be made with the consent of the Senate.
3 (2)(a) In making his appointments the governor shall ensure that the board
4 membership includes the following members with the qualifications specified:
5 (i) At least one member with at least five years experience as the chief
6 executive officer, chief financial officer, or equivalent leadership officer of a large
7 corporation or company within one of the largest manufacturing or business
8 components of the state's economy, such as construction, utilities, chemical
9 manufacturing or processing, oil and gas, other manufacturing, banking, or finance.
10 (ii) At least one member who holds a Master of Business Administration
11 degree or has had at least fifteen years of management experience in private business
12 or industry.
13 (iii) At least three members who are graduates of an institution within the
14 Southern University system.
15 (iv) At least one member who has five years experience as an executive in
16 the public sector in the field of economic development or workforce development.
17 (v) At least one member who has at least five years management experience
18 in the public sector in the field of budget preparation and control or human resources
19 management.
20 (b) In making his appointments the governor shall ensure that at least seven
21 members of the board meet the qualifications required by at least one of the Items
22 in Subparagraph (a) of this Paragraph and that as a whole the members meet the
23 qualifications for all Items in Subparagraph (a) of this Paragraph.
24 * * *
25 §1871. Board of Supervisors of Community and Technical Colleges; establishment;
26 members; qualifications and terms; vacancies; duties
27 A.(1)(a) The Board of Supervisors of Community and Technical Colleges
28 is created as a body corporate. The board shall be composed of fifteen members
29 appointed by the governor with the consent of the Senate and of such appointments:
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1 (i) One member shall be appointed by the governor from among three
2 persons nominated by the Louisiana AFL-CIO.
3 (ii) One member shall be appointed by the governor from among three
4 persons nominated by the Louisiana Association of Business and Industry.
5 (iii) Two members shall be appointed by the governor from among six
6 persons nominated by the State Board of Elementary and Secondary Education.
7 (ii) At least one member shall be appointed by the governor who has at least
8 five years experience as the chief executive officer, chief financial officer, or
9 equivalent leadership officer of a large corporation or company within one of the
10 largest manufacturing or business components of the state's economy, such as
11 construction, utilities, chemical manufacturing or processing, oil and gas, other
12 manufacturing, banking, or finance.
13 (iii) One member shall be appointed by the governor who has at least two
14 years experience as the chief executive officer, chief financial officer, or equivalent
15 leadership officer of a corporation or company engaged in one of Louisiana's three
16 largest emerging industries or business activities as determined by the Department
17 of Economic Development.
18 (iv) One member shall be appointed by the governor who holds a Master of
19 Business Administration degree or has had at least fifteen years of management
20 experience in private business or industry.
21 (v) One member shall be appointed by the governor who has five years
22 experience as an executive in the public sector in the field of economic development
23 or workforce development.
24 (vi) One member shall be appointed by the governor who has at least five
25 years management experience in the public sector in the field of budget preparation
26 and control or human resources management.
27 (b) In making his appointments the governor shall ensure that at least seven
28 members of the board meet the qualifications required by at least one of the Items
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1 in Subparagraph (a) of this Paragraph and that as a whole the members meet the
2 qualifications for all Items in Subparagraph (a) of this Paragraph.
3 (b)(c) In addition, the board shall have two student members who shall serve
4 one-year terms and shall be selected as provided in R.S. 17:1806.
5 (c)(d) Of the members selected and appointed by the governor, there shall
6 be two members from each congressional district and the remaining member or
7 members from the state at large.
8 * * *
9 §3121. Board of Regents; creation; membership; terms of office; vacancies;
10 responsibilities
11 * * *
12 B.(1) The board shall be composed of fifteen members appointed by the
13 governor with the consent of the Senate, who are electors of the state. Two members
14 shall be from each congressional district and the remaining member or members
15 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
21 components of the state's economy, such as construction, utilities, chemical
22 manufacturing or processing, oil and gas, other manufacturing, banking, or finance.
23 (ii) At least one member who holds a Master of Business Administration
24 degree or has had at least fifteen years of management experience in private business
25 or industry.
26 (iii) At least three members who are graduates of a public postsecondary
27 education institution in the state, at least one of whom holds an associate degree from
28 such an institution, at least one of whom holds a baccalaureate degree from such an
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1 institution, and at least one of whom holds a postbaccalaureate degree from such an
2 institution.
3 (iv) At least one member who has five years experience as an executive in
4 the public sector in the field of economic development or workforce development.
5 (v) At least one member who has at least five years management experience
6 in the public sector in the field of budget preparation and control or human resources
7 management.
8 (b) In making his appointments the governor shall ensure that at least seven
9 members of the board meet the qualifications required by at least one of the Items
10 in Subparagraph (a) of this Paragraph and that as a whole the members meet the
11 qualifications for all Items in Subparagraph (a) of this Paragraph.
12 (c) The board should be representative of the state's population by race and
13 gender to ensure diversity.
14 * * *
15 Section 2. In order to implement the provisions of this Act, the governor shall make
16appointments to fill each vacancy that occurs on a board for which member qualifications
17are provided in this Act by appointing a member whose qualifications meet the qualifications
18specified in this Act and shall continue to fill each vacancy in such manner until the
19membership of each board is in compliance with the qualifications required by this Act.
20Thereafter, the governor shall make appointments to fill vacancies on such boards so as to
21provide for continued compliance with this Act.
22 Section 3. This Act shall take effect and become operative if and when the proposed
23amendment of Article VIII of the Constitution of Louisiana contained in the Act which
24originated as House Bill No. 365 of this 2016 Regular Session of the Legislature is adopted
25at a statewide election and becomes effective.
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HB NO. 374
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 Reengrossed 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), University of La. (UL) and Community and Technical Colleges
(LCTCS)). 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 below).
Present law provides that each board shall have 15 members appointed by the governor, two
of which from each congressional district and the remaining member(s) from the state at
large. Proposed law requires that appointees to the SU board of supervisors be selected from
a list of names submitted by the SU Alumni Federation.
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 15 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)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.
(5)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.
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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 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
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 has five years experience as an executive in the public sector in
the field of economic development or workforce development.
(5)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 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 proposed law and continue to fill each vacancy in such manner until the membership of
each board is in compliance with the qualifications required in proposed law. Requires the
governor to make appointments thereafter to provide for continued compliance with
proposed law.
Effective if and when the proposed constitutional amendment contained in House Bill
No. 365 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))
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HB NO. 374
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
original bill:
1. Delete proposed law requirement that each board have one member appointed
from nominees recommended to the governor jointly by the Council for a Better
La., the Public Affairs Research Council, and the La. Assoc. of Business and
Industry.
The House Floor Amendments to the engrossed bill:
1. Add a requirement that the governor select appointees to the SU board of
supervisors from a list of names submitted by the SU Alumni Federation.
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