HLS 17RS-438 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 34
BY REPRESENTATIVE PUGH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HIGHER EDUCATION: (Constitutional Amendment) Relative to management of public
postsecondary education, abolishes the Board of Regents and the management
boards and transfers their powers, duties, and responsibilities to a newly created
Louisiana Postsecondary Education Board of Trustees
1 A JOINT RESOLUTION
2Proposing to amend Article IV, Section 22(A), Article VII, Sections 10.1(C)(1) and (3) and
3 (D)(1)(introductory paragraph) and 10.4(B)(1), (3), and (4), and Article VIII,
4 Sections 5 and 16 of the Constitution of Louisiana, to add Part IV of Article XIV, to
5 be comprised of Section 41, of the Constitution of Louisiana and to repeal Article
6 VIII, Sections 6, 7, 7.1, 8(B) and (D), and 12 of the Constitution of Louisiana, to
7 provide for the governance of public postsecondary education; to create the
8 Louisiana Postsecondary Education Board of Trustees; to abolish the Board of
9 Regents and the postsecondary education management boards and transfer their
10 powers, duties, and responsibilities to the board of trustees; to provide relative to the
11 operation and management of public hospitals by the board of trustees; and to
12 provide for related matters.
13 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
14elected to each house concurring, that there shall be submitted to the electors of the state of
15Louisiana, for their approval or rejection in the manner provided by law, a proposal to
16amend Article IV, Section 22(A) of the Constitution of Louisiana, to read as follows:
17 §22. Term Limits; Certain Boards and Commissions
18 (A) A person who has served as a member of any one or more of the
19 following boards or commissions for more than two and one-half terms in three
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1 consecutive terms combined shall not serve as a member of any of the following
2 boards or commissions for a period of at least two years after the completion of such
3 consecutive terms of service:
4 (1) The Public Service Commission.
5 (2) The State Board of Elementary and Secondary Education.
6 (3) The Board of Regents Louisiana Postsecondary Education Board of
7 Trustees.
8 (4) The Board of Supervisors for the University of Louisiana System.
9 (5) The Board of Supervisors of Louisiana State University and Agricultural
10 and Mechanical College.
11 (6) The Board of Supervisors of Southern University and Agricultural and
12 Mechanical College.
13 (7) The Board of Supervisors of Community and Technical Colleges.
14 (8) The Forestry Commission.
15 (9) (5) The State Civil Service Commission.
16 (10) (6) The State Police Commission.
17 * * *
18 Section 2. Be it resolved by the Legislature of Louisiana, two-thirds of the members
19elected to each house concurring, that there shall be submitted to the electors of the state of
20Louisiana, for their approval or rejection in the manner provided by law, a proposal to
21amend Article VII, Sections 10.1(C)(1) and (3) and (D)(1)(introductory paragraph) and
2210.4(B)(1), (3), and (4) of the Constitution of Louisiana, to read as follows:
23 §10.1. Quality Trust Fund; Education
24 Section 10.1.
25 * * *
26 (C) Reports; Allocation. (1) The State Board of Elementary and Secondary
27 Education and the Board of Regents Louisiana Postsecondary Education Board of
28 Trustees shall annually submit to the legislature and the governor, not less than sixty
29 days prior to the beginning of each regular session of the legislature, a proposed
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1 program and budget for the expenditure of the monies in the Support Fund.
2 Proposals for such expenditures shall be designed to improve the quality of education
3 and shall specifically designate those monies to be used for administrative costs, as
4 defined and authorized by law.
5 * * *
6 (3) The legislature shall appropriate the total amount intended for higher
7 educational purposes to the Board of Regents Trustees and the total amount intended
8 for elementary and secondary educational purposes to the State Board of Elementary
9 and Secondary Education which boards shall allocate the monies so appropriated to
10 the programs as previously approved by the legislature.
11 * * *
12 (D) Disbursement; Higher Education and Elementary and Secondary
13 Education. (1) The treasurer shall disburse not more than fifty percent of the monies
14 in the Support Fund as that money is appropriated by the legislature and allocated by
15 the Board of Regents Trustees for any or all of the following higher educational
16 purposes to enhance economic development:
17 * * *
18 §10.4. Higher Education Louisiana Partnership Fund; Program
19 Section 10.4.
20 * * *
21 (B) Higher Education Louisiana Partnership Program. (1) Upon
22 appropriation by the legislature, the monies in the fund shall be divided into
23 matching grants for the Higher Education Louisiana Partnership Program which shall
24 be administered by the Board of Regents Louisiana Postsecondary Education Board
25 of Trustees. The Board of Regents board may allocate program funds to each public
26 or independent institution of higher education on a one to one and one-half matching
27 basis or one twenty thousand dollar state matching grant for each thirty thousand
28 dollars raised specifically for the purposes of participation in the Higher Education
29 Louisiana Partnership Program by the institutions of higher education from private
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1 sources. The state matching portion shall be allocated by the Board of Regents
2 Trustees only after it determines that an eligible institution has accumulated not less
3 than the minimum required amount from private sources for the purposes of the
4 Higher Education Louisiana Partnership Program.
5 * * *
6 (3) State matching funds shall be applied only to private source funds
7 contributed after July 1, 1991, and pledged for the purposes of this Section as
8 certified by the Board of Regents Trustees. Pledged contributions shall not be
9 eligible for state matching funds prior to their actual collection.
10 (4) Each institution of higher education may establish its own Higher
11 Education Louisiana Partnership Program fund as a depository for private
12 contributions and state matching funds as provided herein. The state matching funds
13 allocated by the Board of Regents Trustees shall be transferred to an institution upon
14 notification that the institution has received and deposited the necessary private
15 contributions in its own Higher Education Louisiana Partnership Program fund.
16 * * *
17 Section 3. Be it resolved by the Legislature of Louisiana, two-thirds of the members
18elected to each house concurring, that there shall be submitted to the electors of the state of
19Louisiana, for their approval or rejection in the manner provided by law, a proposal to
20amend Article VIII, Sections 5 and 16 of the Constitution of Louisiana, to read as follows:
21 §5. Board of Regents Louisiana Postsecondary Education Board of Trustees
22 Section 5.(A) Creation; Functions. The Board of Regents Louisiana
23 Postsecondary Education Board of Trustees, referred to in this Section as the board
24 or the Board of Trustees, is created as a body corporate. It shall plan, coordinate,
25 supervise, manage, and have budgetary responsibility for all public postsecondary
26 education. and The board shall have other powers, duties, and responsibilities
27 provided in this Section or by law.
28 (B)(1) Membership; Terms. The board shall be composed of fifteen twenty-
29 five members, of whom two members shall be from each congressional district and
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1 the remaining member or members shall be from the state at large all of whom shall
2 be appointed by the governor, with consent of the Senate, for overlapping terms of
3 six years, following initial terms which shall be fixed by law. The board should be
4 representative of the state's population by race and gender to ensure diversity. The
5 chief executive officer of each of the following institutions shall nominate three
6 persons: Louisiana State University and Agricultural and Mechanical College at
7 Baton Rouge, Southern University and Agricultural and Mechanical College at
8 Baton Rouge, Grambling State University, Louisiana Tech University, McNeese
9 State University, Nicholls State University, Northwestern State University of
10 Louisiana, Southeastern Louisiana University, the University of Louisiana at
11 Lafayette, the University of Louisiana at Monroe, the University of New Orleans,
12 Baton Rouge Community College, Bossier Parish Community College, Central
13 Louisiana Technical Community College, Delgado Community College, Elaine P.
14 Nunez Community College, L.E. Fletcher Technical Community College, Louisiana
15 Delta Community College, Northwest Louisiana Technical College, Northshore
16 Technical Community College, River Parishes Community College, South Central
17 Louisiana Technical College, South Louisiana Community College, and Sowela
18 Technical Community College. The governor shall appoint one member of the board
19 from the three persons nominated by each chief executive officer. The remaining
20 member shall be from the state at large.
21 (2) No person who has served as a member of the board for more than two
22 and one-half terms in three consecutive terms shall be appointed to the board for the
23 succeeding term. This Subparagraph shall not apply to any person appointed to the
24 board prior to the effective date of this Subparagraph, except that it shall apply to any
25 term of service of any such person that begins after such date. A vacancy for any
26 cause shall be filled by appointment from nominations from the same nominating
27 authority as the original appointment. Within thirty days after a vacancy occurs, the
28 chief executive officer shall submit the required nominations. Within thirty days
29 thereafter, the governor shall make the appointment. If the governor fails to appoint
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1 within thirty days, the nominee whose name is first on the list of nominees shall be
2 deemed appointed. If any nominating authority fails to submit nominees in the time
3 required or if one of the named institutions ceases to exist, the governor shall make
4 the appointment without nomination.
5 (3) In addition to the members provided for in Subparagraph (1) of this
6 Paragraph, the legislature may provide for the membership of one student on the
7 board. The term of a student member shall not exceed one year, and no student
8 member shall be eligible to succeed himself. A student member shall have all of the
9 privileges and rights of other board members.
10 (C) Vacancy. A vacancy occurring prior to the expiration of a term shall be
11 filled for the remainder of the unexpired term by appointment by the governor, with
12 consent of the Senate.
13 (D) Powers. The Board of Regents Trustees shall meet with the State Board
14 of Elementary and Secondary Education at least twice a year to coordinate programs
15 of public elementary, secondary, vocational-technical, career, and higher education.
16 The Board of Regents Trustees shall have the following powers, duties, and
17 responsibilities relating to public institutions of postsecondary education:
18 (1) To revise or eliminate an existing degree program, department of
19 instruction, division, or similar subdivision.
20 (2) To approve, disapprove, or modify a proposed degree program,
21 department of instruction, division, or similar subdivision.
22 (3)(a) To study the need for and feasibility of creating a new institution of
23 postsecondary education, which includes establishing a branch of such an institution
24 or converting any non-degree granting institution to an institution which grants
25 degrees or converting any college or university which is limited to offering degrees
26 of a lower rank than baccalaureate to a college or university that offers baccalaureate
27 degrees or merging any institution of postsecondary education into any other
28 institution of postsecondary education, establishing a new management board, and
29 transferring a college or university from one board to another.
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1 (b) If the creation of a new institution, or the merger of any institutions, the
2 addition of another management board, or the transfer of an existing institution of
3 higher education from one board to another is proposed, the Board of Regents
4 Trustees shall report its written findings and recommendations to the legislature
5 within one year. Only after the report has been filed, or after one year from the
6 receipt of a request for a report from the legislature if no report is filed, may the
7 legislature take affirmative action on such a proposal and then only by law enacted
8 by two-thirds of the elected members of each house.
9 (4) To formulate and make timely revision of a master plan for
10 postsecondary education. As a minimum, the plan shall include a formula for
11 equitable distribution of funds to the institutions of postsecondary education.
12 (5) To require that every postsecondary education board institution submit
13 to it, at a time it specifies, an annual budget proposal for its operational needs and
14 for capital needs of each institution under the control of each board. The Board of
15 Regents Trustees shall submit its budget recommendations for all institutions of
16 postsecondary education in the state. It shall recommend priorities for capital
17 construction and improvements.
18 (E) Powers Not Vested. Powers of management over public institutions of
19 postsecondary education not specifically vested by this Section in the Board of
20 Regents are reserved to the Board of Supervisors of Louisiana State University and
21 Agricultural and Mechanical College, the Board of Supervisors of Southern
22 University and Agricultural and Mechanical College, the Board of Trustees for State
23 Colleges and Universities, the Board of Supervisors of Community and Technical
24 Colleges, and any other such board created pursuant to this Article, as to the
25 institutions under the control of each. Appropriations. Appropriations for the
26 institutions of public postsecondary education and for all other public postsecondary
27 education purposes shall be made to and administered by the Board of Trustees and
28 shall be used solely as provided by law.
29 * * *
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1 §16. Public Hospitals
2 Section 16. Notwithstanding any provision of this Article to the contrary, the
3 legislature may provide by law for the supervision, operation, and management of
4 public hospitals and their programs by the Louisiana Postsecondary Education Board
5 of Regents or by any board having powers of management over public institutions
6 of higher education created by this constitution or pursuant to this Article Trustees.
7 Such laws may include but shall not be limited to laws providing for the submission
8 and approval of capital and operating budgets, appropriations and expenditures, the
9 supervision, management, and oversight of the hospitals and their programs, and
10 legislative review and disapproval of related rules. This Section shall not apply to
11 institutions and programs operated or managed prior to January 1, 1997, by any
12 higher education management board created by this Article.
13 Section 4. Be it further resolved by the Legislature of Louisiana, two-thirds of the
14members elected to each house concurring, that there shall be submitted to the electors of
15the state of Louisiana, for their approval or rejection in the manner provided by law, a
16proposal to add Part IV of Article XIV of the Constitution of Louisiana, comprised of
17Section 41, to read as follows:
18 PART IV
19 §41. Louisiana Postsecondary Education Board of Trustees; Implementation
20 (A) On January 1, 2020, the Board of Regents, the Board of Supervisors of
21 Louisiana State University and Agricultural and Mechanical College, the Board of
22 Supervisors of Southern University and Agricultural and Mechanical College, the
23 Board of Supervisors for the University of Louisiana System, and the Board of
24 Supervisors of Community and Technical Colleges are abolished and on that date,
25 except as inconsistent with the amendment creating the Louisiana Postsecondary
26 Education Board of Trustees, referred to in this Section as the "Trustees", the
27 Trustees is created and the powers, duties, functions, and responsibilities of such
28 abolished boards are transferred to the Trustees.
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1 (B) The Board of Regents, the Board of Supervisors of Louisiana State
2 University and Agricultural and Mechanical College, the Board of Supervisors of
3 Southern University and Agricultural and Mechanical College, the Board of
4 Supervisors for the University of Louisiana System, and the Board of Supervisors
5 of Community and Technical Colleges shall take such action prior to January 1,
6 2020, to provide for implementation of the Trustees on that date. The governor shall
7 appoint the initial members of the Trustees not later than March 1, 2019, and such
8 members shall take such actions as authorized by law to provide for implementation
9 of the Trustees on January 1, 2020. In making initial appointments, the governor
10 shall designate the expiration date of the term to which each initial member is
11 appointed. The designations shall be made in such manner as to cause the terms of
12 five initial members to expire in 2021, five in 2023, and five in 2025.
13 (C) The legislature shall provide by law, not inconsistent with the
14 constitutional amendment creating the Trustees, for the implementation of such
15 amendment and for the transfer of such powers, duties, functions, and
16 responsibilities.
17 Section 5. Be it resolved by the Legislature of Louisiana, two-thirds of the members
18elected to each house concurring, that there shall be submitted to the electors of the state of
19Louisiana, for their approval or rejection in the manner provided by law, a proposal to repeal
20Article VIII, Sections 6, 7, 7.1, 8(B) and (D), and 12 of the Constitution of Louisiana.
21 Section 6. Be it further resolved that this proposed amendment shall be submitted
22to the electors of the state of Louisiana at the statewide election to be held on November 6,
232018.
24 Section 7. Be it further resolved that the provisions of this amendment shall become
25effective on January 1, 2020, except that the provisions of Article XIV, Section 41 shall
26become effective on January 1, 2019.
27 Section 8. Be it further resolved that on the official ballot to be used at the election,
28there shall be printed a proposition, upon which the electors of the state shall be permitted
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1to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
2follows:
3 Do you support an amendment to reorganize the governance of public
4 postsecondary education, including provisions to create the Louisiana
5 Postsecondary Education Board of Trustees as a single governing board for
6 public postsecondary education, to abolish the Board of Regents and the
7 management boards of the postsecondary education systems, and to transfer
8 the powers, duties, and responsibilities of the abolished boards to the new
9 board of trustees? (Effective January 1, 2020, except that implementation
10 provisions are effective January 1, 2019) (Amends Const. Art. IV, §22(A),
11 Art. VII, §§10.1(C)(1) and (3) and (D)(1)(introductory paragraph) and
12 10.4(B)(1), (3), and (4), and Art. VIII, §§5 and 16; Adds Art. XIV, §41;
13 Repeals Art. VIII, §§6, 7, 7.1, 8(B) and (D), and 12)
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.
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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.
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(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)
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