Louisiana 2017 2017 Regular Session

Louisiana House Bill HB34 Comm Sub / Analysis

                    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 34 Original	2017 Regular Session	Pugh
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 for the members of the Board of Regents to be 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 provides that the Board of Regents is comprised of fifteen members –  two
members from each congressional district and remaining member(s) from the state at large.
Proposed constitutional amendment provides for the Board of Trustees to be comprised of 25
members – one member from a list of three nominees submitted by the chief executive officer of
each of the following 24 institutions and the remaining member from the state at large:  La. State
Univ. at Baton Rouge, Southern Univ. at Baton Rouge, Grambling State Univ., La. Tech Univ.,
McNeese State Univ., Nicholls State Univ., Northwestern State Univ. of La., Southeastern La. Univ.,
the Univ. of La. at Lafayette, the Univ. of La. at Monroe, the Univ. of New Orleans, Baton Rouge
Community College, Bossier Parish Community College, Central La. Technical Community College,
Delgado Community College, Nunez Community College, Fletcher Technical Community College,
La. Delta Community College, Northwest La. Technical College, Northshore Technical Community
College, River Parishes Community College, South Central La. Technical College, South La.
Community College, and Sowela Technical Community College.
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:
(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, 2020), 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, 2020, 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, 2019. Such members shall take actions as authorized by law to provide for implementation
of the Board of Trustees on Jan. 1, 2020.
Provides for submission of the proposed amendment to the voters at the statewide election to be held
November 6, 2018.
Effective January 1, 2020, except transition provisions are effective January 1, 2019.
(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)