SLS 16RS-388 ORIGINAL
2016 Regular Session
SENATE BILL NO. 351
BY SENATOR MORRISH
POSTSECONDARY ED. Provides relative to the Louisiana Universities Marine
Consortium for Research and Education. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 17:3452, 3453.1(A) and (C), and 3454, and to repeal R.S.
3 17:3453, relative to the Louisiana Universities Marine Consortium for Research and
4 Education; to repeal the executive board and transfer all duties and functions of the
5 executive board to the Board of Regents; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 17:3452, 3453.1(A) and (C), and 3454 are hereby amended and
8 reenacted to read as follows:
9 §3452. Louisiana Universities Marine Consortium for Research and Education;
10 creation; membership
11 The Louisiana Universities Marine Consortium for Research and Education,
12 referred to hereinafter as the consortium, is hereby created as a body corporate under
13 the authority of the Board of Regents to be administered by an executive board as
14 provided in this Chapter.
15 §3453.1. Science and Education Advisory Council; creation; membership; duties
16 A. The Science and Education Advisory Council is hereby created to provide
17 advice and information as requested by the executive board.
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1 * * *
2 C. The advisory council shall meet as necessary to respond to requests from
3 the executive board as well as to provide the board with the benefit of perspectives
4 represented on the council.
5 §3454. Louisiana Universities Marine Consortium for Research and Education;
6 governance, funding
7 A. The Louisiana Universities Marine Consortium for Research and
8 Education shall be subject to the governance of the Board of Regents. The board
9 shall serve as fiscal agent for the consortium and shall review and approve the
10 consortium's budgetary request and operating budget and shall review and approve
11 all funds appropriately awarded or bequeathed to the consortium. The executive
12 board of the consortium shall prepare and submit all budget requests and other
13 budgetary documents required by the Board of Regents for its approval. All funds
14 appropriated to the consortium shall be appropriated as a separate line item within
15 the appropriation of the Board of Regents.
16 B. As the governing body of the Louisiana Universities Marine Consortium
17 for Research and Education, the executive board of the consortium shall have
18 authority to:
19 (1) Sue and be sued, including the right to recover all debts owing to the
20 consortium, and to retain legal counsel therefor.
21 (2) Actively seek and accept donations, bequests, or other forms of financial
22 assistance for educational purposes from any public or private person or agency and
23 comply with rules and regulations governing grants from the federal government or
24 any other person or agency which are not in contravention of the constitution and
25 laws of the state of Louisiana.
26 (3) Determine the fees which shall be paid by students.
27 (4) Purchase land and purchase or construct buildings necessary for the use
28 of the consortium in accordance with applicable laws; provided that all valid
29 campsite leases dated on or before April 16, 1979, including the option to extend the
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1 leases for an additional ten-year period, as provided for in R.S. 41:1211 et seq., shall
2 remain in full force and effect.
3 (5) Purchase equipment, properly maintain, and make improvements to
4 facilities necessary for the use of the consortium in accordance with applicable state
5 laws.
6 (6)(a) Except as otherwise provided in this Chapter, approve the appointment
7 of such administrative officers and other personnel as the executive board deems
8 necessary and designate their titles. In making its appointments, the executive board
9 shall give consideration to the recommendations of the executive director and, in
10 proper cases, to the head of any college or university affected by an appointment.
11 Appointments of classified employees shall be in conformity with applicable civil
12 service laws, rules, and regulations.
13 (b) The compensation of all officers and employees, except those classified
14 civil service employees, shall be fixed by the executive board and the officers so
15 appointed shall serve at the pleasure of the executive board.
16 (7) Formulate curricula and programs of study.
17 (8)(7) Adopt, amend, or repeal rules and regulations necessary or proper for
18 the business of the consortium.
19 (9)(8) Affiliate with any institution giving any special course of instruction,
20 upon such terms as the executive board deems expedient, which terms may include
21 the retention by such institution of the control of property, faculty, and staff.
22 (10)(9) Enter into contracts and agreements with other public agencies with
23 respect to cooperative enterprises and undertakings relating to or associated with
24 college or university purposes and programs in accordance with applicable laws.
25 (11)(10) Perform such other functions as are necessary or incidental to the
26 supervision and management of the consortium.
27 (12)(11) Employ the proceeds of all donations, grants, subscriptions, and
28 bequests made to the consortium so as to effect the purposes of and in accordance
29 with the terms and conditions of such donations, grants, subscriptions, and bequests.
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1 (13) Establish such subcommittees as may be necessary to assist the
2 executive board in the implementation of the provisions of this Chapter.
3 (14) Adopt necessary rules and regulations regarding the hours of
4 employment and the accrual and use of sick leave and annual leave for all personnel
5 employed by the consortium.
6 C. The executive board may enter into contracts and agreements with any
7 public agency for the establishment of state or other public offices on the property
8 and in the buildings belonging to or under the control of the consortium. The
9 executive board also may enter into contracts and agreements for joint construction,
10 equipment, maintenance, and financing of such buildings, and enter into contracts
11 and agreements for the joint financing, supervision, and conduct of cooperative
12 enterprises and undertakings.
13 D. The liability of any of the acts of the consortium or any of its employees,
14 or persons associated with any property of the consortium, shall be the liability of the
15 consortium as represented by the executive board.
16 Section 2. R.S. 17:3453 is hereby repealed.
17 Section 3. This Act shall become effective upon signature by the governor or, if not
18 signed by the governor, upon expiration of the time for bills to become law without signature
19 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
20 vetoed by the governor and subsequently approved by the legislature, this Act shall become
21 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 351 Original 2016 Regular Session Morrish
Present law creates the Louisiana Universities Marine Consortium for Research and
Education (LUMCON) and provides for an executive board to administer the functions of
the consortium.
Proposed law repeals the LUMCON executive board and transfers all duties and functions
to the Board of Regents.
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SLS 16RS-388 ORIGINAL
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:3452, 3453.1(A) and (C), and 3454; repeals R.S. 17:3453)
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