SLS 16RS-413 ORIGINAL 2016 Regular Session SENATE BILL NO. 307 BY SENATOR MORRISH POSTSECONDARY ED. Provides relative to the Louisiana Student Financial Assistance Commission and the Louisiana Tuition Trust Authority. (gov sig) 1 AN ACT 2 To amend and reenact R.S. 17:3021, the introductory paragraph of 3023(A) and (B), and 3 3093(A) and (B), and to repeal R.S. 17:3022, relative to the Louisiana Student 4 Financial Assistance Commission and the Louisiana Tuition Trust Authority; to 5 abolish the commission and transfer the powers, duties, and functions of the 6 commission and the trust authority to the Board of Regents; and to provide for 7 related matters. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 17:3021, the introductory paragraph of 3023(A) and (B), and 10 3093(A) and (B) are hereby amended and reenacted to read as follows: 11 §3021. Louisiana Student Financial Assistance Commission 12 A. There is hereby created the Louisiana Student Financial Assistance 13 Commission. Any reference to the Governor's Special Commission on Education 14 Services in law or in any rule or regulation shall be deemed to apply to the Louisiana 15 Student Financial Assistance Commission. The purpose of such commission is to 16 supervise, control, direct, and administer state and federal programs to provide loans 17 to assist persons in meeting the expenses of higher education, and state and federal Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 307 SLS 16RS-413 ORIGINAL 1 scholarship programs for higher education in accordance with the provisions of this 2 Chapter. 3 B. The commission is subject to the governance of the Board of Regents. 4 Any reference to the Louisiana Student Financial Assistance Commission in law 5 or in any rule or regulation shall be deemed to apply to the Board of Regents. 6 * * * 7 §3023. Powers and duties 8 A. The Louisiana Student Financial Assistance Commission, under 9 authority of the Board of Regents, may: 10 * * * 11 B. In addition to any other powers and duties authorized by this Section for 12 the Louisiana Student Financial Assistance Commission, the commission Board of 13 Regents shall establish an internal audit function and shall establish an office of the 14 chief audit executive who shall be responsible for ensuring that the internal audit 15 function adheres to the Institute of Internal Auditors, International Standards for the 16 Professional Practice of Internal Auditing. The chief audit executive shall maintain 17 organizational independence in accordance with these standards and shall have direct 18 and unrestricted access to the commission. The chief audit executive shall annually 19 certify to the commission that the internal audit function conforms to the Institute of 20 Internal Auditors, International Standards for the Professional Practice of Internal 21 Auditing. 22 * * * 23 §3093. Louisiana Tuition Trust Authority; creation; powers 24 A. There is hereby created the Louisiana Tuition Trust Authority, which 25 under the authority of the Board of Regents, shall have the powers enumerated 26 in this Chapter. 27 B.(1) The Louisiana Tuition Trust Authority shall consist of the Louisiana 28 Student Financial Assistance Commission Board of Regents, except as modified by 29 Paragraph (2) of this Subsection, and hereinafter shall be referred to as the authority. Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 307 SLS 16RS-413 ORIGINAL 1 The authority shall operate under the same laws, rules, and guidelines and with the 2 same officer selection and employment policies as the commission, except when 3 inconsistent with this Chapter. The commissioner of higher education shall serve 4 as ex officio chairman of the authority. 5 (2) The membership of the authority shall consist of the following persons: 6 (a) The members of the Louisiana Board of Regents Student Financial 7 Assistance Commission exclusive of the two persons appointed by the governor from 8 names submitted by the Louisiana Bankers' Association. 9 (b) An officer of a bank in Louisiana who is a member of the Louisiana 10 Bankers' Association and who is nominated by the association and appointed by the 11 governor. 12 (c) One member of the House of Representatives appointed by the speaker 13 and one member of the Senate appointed by the president. 14 (d) The state treasurer who shall be an ex officio voting member of the 15 authority. 16 (3) The authority shall meet at least annually at the call of the chairman and 17 at such other times as the chairman or the authority determines necessary. The 18 authority chairman may establish and delegate to an executive committee such 19 duties and responsibilities as the authority determines appropriate, except that the 20 authority may not delegate to the executive committee the final determination of the 21 rate of interest to be paid on education savings accounts of record at the close of the 22 calendar year. Upon such delegation, the executive committee shall have the 23 authority to act pursuant to such delegation without further approval or action by the 24 authority. 25 (4) A majority of the authority shall constitute a quorum of the authority, and 26 the affirmative vote of a majority of the members present shall be necessary for any 27 action taken by the authority. A majority of the executive committee shall constitute 28 a quorum of the executive committee, and the affirmative vote of a majority of the 29 executive committee members present shall be necessary for any action taken by the Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 307 SLS 16RS-413 ORIGINAL 1 executive committee. No vacancy in the membership of the authority or the 2 executive committee shall impair the rights of a quorum to exercise all rights and 3 perform all duties of the authority or the executive committee respectively. 4 * * * 5 Section 2. R.S. 17:3022 is hereby repealed. 6 Section 3. This Act shall become effective upon signature by the governor or, if not 7 signed by the governor, upon expiration of the time for bills to become law without signature 8 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 9 vetoed by the governor and subsequently approved by the legislature, this Act shall become 10 effective on the day following such approval. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Cheryl Serrett. DIGEST SB 307 Original 2016 Regular Session Morrish Proposed law abolishes the Louisiana Student Financial Assistance Commission and transfers the powers, duties, and functions of the commission and the Louisiana Tuition Trust Authority to the Board of Regents. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 17:3021, 3023(A)(intro para) and (B), and 3093(A) and (B); repeals R.S. 17:3022) Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.