Amendment vs bill Senate Floor Amendment, #2842, Boudreaux, Gerald, Adopted vs Enrolled

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Regular Session ENROLLED SENATE BILL NO.
SFASB484 3987 2842 SENATE FLOOR AMENDMENTS Regular Session Amendments proposed bySenator Boudreaux to Engrossed Senate Bill No.
484 BY SENATOR ABRAHAM AN ACT To amend and reenact R.S.
484 bySenator Abraham AMENDMENT NO.
17:2048.51(C)(1) and (G)(1)(b)(i), the introductory paragraph of3128.1(A),3128.1(B)and(C),3134,3138(A),(B),and(E),3138.5(B)(1),(D)(1), (2), the introductory paragraph of (D)(4), 3138.5(D)(4)(f), and (5), and (E), and 3138.9(A)(3) and (5), (B)(1), and (C), R.S.
1 On page 1, line 3, after "3128.1(A), (B), (C)," insert "3134," AMENDMENT NO.
39:128(B)(1) and (4)(a)(i), and R.S.
2 On page 1, line 14, after "Fund;'" insert "to provide for the development of a uniform fiscal policy and accountability framework for public postsecondary education institutions;
42:375.2(A), the introductory paragraph of (B) and (B)(1), (C), and (D)(3) and to enact R.S.
to provide requirements for fiscal reports and early warning metrics;
17:3128.1(D), 3138(G), and 3454(E), R.S.
to provide for corrective action measures;
36:309(E)(3), and R.S.
to provide relative to reporting;" AMENDMENT NO.
42:375.2(D)(4) and to repeal R.S.
3 On page 2, line 7, after "3128.1(A), (B), (C)," insert "3134," AMENDMENT NO.
36:651(F)(6) and (L)(1)(a), relative to higher education and the duties of the Board of Regents;
4 On page 4, after line 29, insert:
to transfer of certain powers, duties, and functions from the Board of Regents to other agencies;
§3134.
to provide with respect to the Louisiana Health Works Commission;
to provide with respect to incubator facilities on postsecondary campuses;
to provide with respect to the Louisiana Education Tuition and Savings Plan and Fund;
to provide for the development of a uniform fiscal policy and accountability framework for public postsecondaryeducation institutions;
to provide requirements for fiscal reports and earlywarning metrics;
to provide for correctiveaction measures;
to provide relative to reporting;
to provide with respect to the state common admission application for postsecondary institutions;
to provide with respect to Hunger-Free campus designations;
to provide with respect to Purple Star Campus designations;
provides with respect to the Cybersecurity Talent Initiative Fund and the Cybersecurity EducationManagementCouncil;provideswithrespecttotheLouisianaUniversities Marine Consortium;
to provide with respect to agency attrition analysis;
to provide withrespecttotheminorrepairs,renovation,orconstructionoffacilitiesundertaken on higher education campuses;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
17:2048.51(C)(1) and (G)(1)(b)(i), the introductory paragraph of 3128.1(A), 3128.1(B), and (C), 3134, 3138(A), (B), and (E), 3138.5(B)(1), (D)(1), (2), the Page 1 of 15 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
484 ENROLLED introductory paragraph of (D)(4), 3138.5(D)(4)(f), and (5), and (E), and 3138.9(A)(3) and (5), (B)(1) and (C) areherebyamended and reenactedand R.S.
17:3128.1(D),3138(G),and 3454(E) are herebyenacted to read as follows:
§2048.51.
Louisiana Health Works Commission;
creation;
membership;
compensation;
staff and facilities;
powersandduties;
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data collection and reporting * * * C.
The following shall serve as members of the Louisiana Health Works Commission:
(1)ThesecretaryofLouisianaWorks,orhisdesignee,whoshallserveasco- chair of the commission.
* * * G.
The Louisiana Health Works Commission shall have the following committees:
(1)(a) * * * (b) The executive committee shall:
(i) Elect the chairperson co-chair of the commission.
The chair of the Nursing Supply and Demand Committee shall serve as the vice chair of the commission.
* * * §3128.1.
Power to survey, evaluate, and implement incubator facilities on state college and university campuses A.
The Board of Regents Each management board of each public postsecondary education system shall conduct a survey of state colleges and universities for the purpose of establishing incubator facilities small business incubators, as defined in R.S.
51:1122(4) R.S.
51:2322, on qualified campuses.
In order to complete such study, the each management board shall establish criteria forevaluationofinstitutions whichshall include, but not be limited to thefollowing information:
* * * Page 2 of 15 Coding:
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SB NO.
484 ENROLLED B.
The Each management board shall use the criteria established pursuant toSubsectionAinordertoevaluatethepotentialforincubatorfacilitiesoncampuses and recommend such facilities on qualified campuses.
C.
The Each management board shall report criteria established, data developed, and other relevant information and shall make recommendations for implementation of incubator facilities to the governor, the speaker of the House of Representatives, the president of the Senate, the chairmen of the House Committee on Commerce and the Senate Committee on Commerce, the chairman of the Small Business Development Corporation, and the secretary of Louisiana Economic Development pursuant to its study no later than January 1, 1987.
D.
For purposes of this Section, "management board" means a governing board of a public postsecondary education institution that is responsibleforsupervisingtheday-to-dayoperationsofeachinstitution.Article VIIIoftheConstitutionofLouisianaprovidesthatthemanagementboardsare the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors for the University of Louisiana System, theBoardof Supervisors of Southern University and Agriculturaland MechanicalCollege,andtheBoardofSupervisorsofCommunityandTechnical Colleges.
* * * §3134.
corrective actions A.(1) It is the intent of the legislature that an to establish and implement comprehensivefinancialaccountabilityprocessbeestablishedandimplementedto provide for the systematic, ongoing evaluation of quality and effectiveness in the frameworkforpublicinstitutionsofhighereducationinLouisianathatmaybeused to initiate curriculum, programmatic, funding, policy, or planningchangesin higher education that provides for the systematic and ongoing evaluation of fiscal Page 3 of 15 Coding:
corrective actions A.(1) It is the intent of the legislature that an to establish and implement comprehensivefinancialaccountabilityprocessbeestablishedandimplementedto provide for the systematic, ongoing evaluation of quality and effectiveness in the frameworkforpublicinstitutionsofhighereducationinLouisianathatmaybeused to initiate curriculum, programmatic,funding,policy,orplanningchanges in higher education that provides for the systematic and ongoing evaluation of fiscal health, operational efficiency, and institutional effectiveness.
Words which are struck through are deletions from existing law;
(2) It is further the intent of the legislature that the such accountability process monitor performance at the institutional level in each of the major areas of research, student learning and development, faculty development and quality, and to assure that progress toward providing excellent educational programming and opportunitiesconsistentwiththeinstitutional role,scope,andmission ofeachofthe publicinstitutionsofhighereducationisbeingmadeandfundedframeworkinclude the continuous monitoring and evaluation of institutional fiscal performance, including the budgeting, allocation, expenditure, and stewardship of public funds at the institutional level.
words in boldface type and underscored are additions.
SB NO.
484 ENROLLED health, operational efficiency, and institutional effectiveness.
(2) It is further the intent of the legislature that the such accountability process monitor performance at the institutional level in each of the major areas of research, student learning and development, faculty development and quality, and to assure that progress toward providing excellent educational programming and opportunities consistentwith theinstitutional role,scope,andmissionofeachofthe publicinstitutionsofhighereducationisbeingmadeandfundedframeworkinclude the continuous monitoring and evaluation of institutional fiscal performance, including the budgeting, allocation, expenditure, and stewardship of public funds at the institutional level.
B.(1)Theaccountabilityprocessshall bedevelopedbytheBoardofRegents in a collaborative effort involving each higher education management board shall establish a uniform fiscal policy including an institutional cash balance policy, to be adopted by each public postsecondary education management board no later than December 31, 2026.
B.(1)TheaccountabilityprocessshallbedevelopedbytheBoardofRegents in a collaborative effort involving each higher education management board shall establish a uniform fiscal policy including an institutional cash balance policy, to be adopted by each public postsecondary education management board no later than December 31, 2026.
(b) Fund balances, including unrestricted, restricted, athletics, and auxiliary funds.
Page 1 of 3 SFASB484 3987 2842 (b) Fund balances, including unrestricted, restricted, athletics, and auxiliary funds.
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(e) Actual and quarterly projected tuition and fee revenue.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
484 ENROLLED (e) Actual and quarterly projected tuition and fee revenue.
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(b) Identify institutional and systemwide performance standards and performance goals.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
484 ENROLLED (b) Identify institutional and systemwide performance standards and performance goals.
D.(1) The Board of Regents may require that everypublic higher education institution submit to it, at a time it specifies, an annual accountability report of Page 6 of 15 Coding:
Page 2 of 3 SFASB484 3987 2842 D.(1) The Board of Regents may require that everypublic higher education institution submit to it, at a time it specifies, an annual accountability report of institutionaleffectivenesstoincludethedataasitmaydetermineshallrequireeach management board to develop and implementadetailed correctiveaction plan inresponsetoan institution identified as being in fiscal distress.Thecorrective action plan should be submitted to the Board of Regents within ninety days of the institution being deemedin distresstoensuretimelyand effectivefiduciary and budgetary measures.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
484 ENROLLED institutionaleffectivenesstoincludethedataasitmaydetermineshallrequireeach managementboard to develop and implement a detailed correctiveactionplan inresponsetoan institution identified as being in fiscal distress.Thecorrective action plan should be submitted to the Board of Regents within ninety days of the institution being deemedin distresstoensuretimelyand effectivefiduciary and budgetary measures.
(2) The report shall include information provided for in Paragraphs (B)(3) and (D)(1) of this Section.
(2) The report shall include information provided for in Paragraphs (B)(3) and (D)(1) of this Section." Page 3 of 3
* * * §3138.
Louisiana common application;
development;
implementation A.(1)(a) The Board of Regents Each management board of each public postsecondary education system, in collaboration with the each public postsecondaryeducationmanagementboardsinstitution,thechairmanoftheSenate Committee on Educationorhisdesignee,andthechairmanoftheHouseCommittee onEducationorhisdesignee,shallprovideforthedevelopmentandimplementation of a common application whereby Louisiana residents and nonresidents may apply to any public college and university in the state system.
Except as provided in R.S.
17:3152, such application shall not include questions pertaining to an applicant's criminal history.
(b) When developing the implementation plan for the common application, consideration shall be given to best practices for successful implementation, Page 7 of 15 Coding:
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SB NO.
484 ENROLLED implementation costs, development and maintenance of a website to facilitate the common application process, and the duties and responsibilities of the Board of Regents and the postsecondaryeducation systems and institutions.
(2) Regionally accredited independent colleges and universities that are membersoftheLouisianaAssociationofIndependentCollegesandUniversitiesmay also utilize the a Louisiana common application developed by any management board of a public postsecondary education system.
B.
Each public college and university shall accept the Louisiana common application developed by its management board, which a student may complete onetime and submit to as manyinstitutions ashewishestoapply.Applicationsmay be submitted electronically or in a paper format, as specified by the individual postsecondary institution.
* * * E.
The Louisiana common application shall be developed by each management board and be fully implemented and available to students applying for admission for the 2016-2017 2026-2027 academic year.
* * * G.
For purposes of this Section, "management board" shall have the same meaning as R.S.
17:3128.1.
* * * §3138.5.
Purple Star Campus;
designation;
process;
eligibility;
applications * * * B.(1)TheBoardofRegentsDepartmentofVeteransAffairsshallestablish aprocessforapostsecondaryeducationinstitution tobedesignatedasa"PurpleStar Campus".
* * * D.(1)TheBoardofRegentsDepartmentof VeteransAffairsshall develop an application process, including time lines for submitting applications, for institutions that are interested in receiving the designation specified in Paragraph (B)(1) of this Section.
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SB NO.
484 ENROLLED (2)TheBoardofRegentsDepartmentofVeteransAffairsshallrevieweach application and shall submit such applications to the governor along with a written reportthatindicatesifaninstitutionmeetstherequirementsspecifiedinSubsections B and C of this Section to receive the initial designation by the governor.
* * * (4) After receivingthe initial designation bythe governor and in accordance with timelines established by the board department, an institution shall submit a renewalapplicationto theBoardofRegentsDepartmentof VeteransAffairsprior to the expiration of a designation and an interim report in each year it is not submitting a renewal application.
Each renewal application and interim report shall include, at a minimum, all of the following information from the previous year as it relates to veterans:
* * * (f) Other military friendly information identified by the Board of Regents Department of Veterans Affairs.
(5)IftheBoardofRegentsDepartmentofVeteransAffairsdeterminesthat the institution meets the requirements specified in Subsections B and C of this Sectionbasedonitsrenewalapplication,theinstitution shallreceivethedesignation for that year.
If the Board of Regents Department of Veterans Affairs determines that an institution does not meet the specified requirements, the board department shall providewrittennoticeto theinstitution andtheinstitution shall have forty-five days from receipt of the notice to correct or amend its renewal application.
If the institution does not submit a corrected or amended application or if the corrected or amended application does not meet the requirements as determined by the board department, the institution shall not receive the designation for that year.
E.
The Board of Regents Department of Veterans Affairs may establish additional tiers of distinction for the purpose of recognizing higher levels of excellencedemonstrated byinstitutions thathave receivedthe designation provided for in this Section.
If the board department establishes additional tiers, it shall provide for the criteria for each tier and the associated application process.
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SB NO.
484 ENROLLED * * * §3138.9.
Louisiana Cybersecurity Talent Initiative Fund;
Cybersecurity Education Management Council A.(1) * * * (3) Monies in the fund shall be appropriated to the Board of Regents Louisiana Works to be distributed to public postsecondary education institutions.
* * * (5) Funding shall be distributed by the Board of Regents Louisiana Works tothepublicpostsecondaryeducationmanagementboardsonlyuponthecertification by such a board, on behalf of the receiving institution, that a match of no less than twenty-five percent of the amount of funding to be distributed has been guaranteed by a private entity.
The certification shall detail the type of private match to be provided, which may include but is not limited to cash;
in-kind donations of technology, personnel, construction materials, facility modification, or corporeal property;
internships;
scholarships;
sponsorship of staff or faculty;
or faculty endowment.
* * * B.(1) The CybersecurityEducation Management Council, referredto in this Section as the "council", is hereby created under the auspices of the Board of RegentsLouisianaWorksforthepurposeofadvisingandmakingrecommendations to the board with respect to distributions from the fund.
* * * C.
The Board of Regents annually Louisiana Works shall submit a report totheSenateCommitteeonEducation,theSenateCommitteeonFinance,theHouse Committee on Education, and the House Committee on Appropriations, on an annual basis.Thereportshallincludethedistributionmethod,thelistofdegreeand certificate programs upon which the distribution is based, the final distribution amounts, the number of jobs created as a result of the distribution, and the method and data used to determine the reported number of jobs created.
Each public postsecondary education management board shall report to the Board of Regents Page 10 of 15 Coding:
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SB NO.
484 ENROLLED Louisiana Works the information necessary for the Board of Regents Louisiana Works to satisfy the requirements of this Subsection.
* * * §3454.
Louisiana Universities Marine Consortium for Research and Education;
governance, funding * * * E.(1) There is hereby created the Louisiana Marine Consortium Efficiency and Research Competitiveness Commission, hereinafter referred to as the "commission", to study and make recommendations regarding the operations, governance, administration, funding structure, and research competitivenessoftheLouisianaUniversitiesMarineConsortiumforResearch and Education.
(2) The purpose of the commission shall be to evaluate methods and opportunities to do all of the following:
(a) Improve the efficiency and effectiveness of the consortium.
(b) Increase collaboration among public and private postsecondary education institutions participating in the consortium.
(c) Maximize the consortium's ability to obtain federal, private, and other external research grants and funding.
(d)Increaseequitableparticipationinconsortiumresearchopportunities by member institutions.
(e) Identify opportunities to reduce administrative duplication and improve operational coordination among participating institutions.
(f) Strengthen Louisiana's competitiveness for marine, coastal, environmental, fisheries, and related scientific research funding.
(3)Thecommissionshallbecomposedof thefollowingvotingmembers:
(a) The president of the Louisiana State University System, or his designee.
(b) The president of the Southern University System, or his designee.
(c)The presidentof theUniversityof Louisiana System,orhis designee.
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SB NO.
484 ENROLLED (d) The president of the Louisiana Community and Technical College System, or his designee.
(e) One member appointed to represent the Louisiana Association of Independent Colleges and Universities, who shall be the president of Tulane University, or his designee.
(4) The executive director of the consortium shall serve as a nonvoting ex officio member of the commission and shall serve as secretary to the commission.
(5) The members of the commission shall elect a chairman from among its voting members.
(6) The commission shall meet as necessary and may request information, data, reports, and assistance from the consortium and participating institutions in carrying out its duties.
(7)The executivedirector,as secretarytothecommission,shallprepare and submit the written report of the commission as required by Paragraph (8) of this Subsection.
(8) No later than January 2, 2027, the commission shall submit its written report, in accordance with R.S.
24:771 and 772, to the Senate Committee on Education, the House Committee on Education, the Senate CommitteeonFinance,theHouseCommitteeonAppropriations,andtheBoard ofRegentsregardingitsfindingsandrecommendationsconcerninggovernance reforms, administrative efficiencies, collaborative research opportunities, and strategies to increase federal, private, and external research funding.
(9) The commission shall terminate on January 2, 2027.
Section 2.
R.S.
36:309(E)(3) is hereby enacted to read as follows:
§309.
Transfer of agencies to Louisiana Works * * * E.
The following agencies are transferred to and hereafter shall be within LouisianaWorksandshallperformandexercisetheirpowers,duties, functions, and responsibilities as provided by law:
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SB NO.
484 ENROLLED * * * (3)TheCybersecurityEducationManagementCouncil(R.S.17:3138.9).
* * * Section3.
R.S.39:128(B)(1)and(4)(a)(i)areherebyamendedandreenactedto read as follows:
§128.
Exemptions * * * B.(1) Minor repairs, renovation, or construction of buildings or other facilities or the purchaseof land, buildings, or other facilities when the construction cost or purchase price is less than or equal to one two million dollars, adjusted annually in accordance with the United States Bureau of Labor Statistics consumer price index for all urban consumers as published in January of each year, may be undertaken by or on the campus of a state college, university, higher education facility, or consortium without being included in the capital outlay budget but shall be subject to the approval of the Board of Regents and the appropriate postsecondary management board, or any successor.
A state college, university, higher education facility, or consortium may not incur debt to fund any project that isnotincludedinthecapitaloutlaybudgetotherthanashort-termloannottoexceed one year for the purposes included in this Paragraph.
Any short-term loan shall be issued in accordance with the provisions of Title 17 of the Louisiana Revised Statutes of 1950, and shall not constitute or create anydebt, liability, or loan of the credit of or a pledge of the full faith and credit of the state but shall be solely the obligation of the appropriate governing board or postsecondary education management board, or any successor.
Each postsecondary management board shall report projects initiated under the provisions of this Section when the construction cost or purchase priceisbetweentwohundred fiftythousand and two million dollars to the Board of Regents on a monthly basis.
* * * (4)(a)(i) A university, higher education facility, or consortium shall be allowed to undertake any new construction, maintenance, or repair project not Page 13 of 15 Coding:
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SB NO.
484 ENROLLED exceeding ten million dollars solely funded from self-generated revenues, grants, donations,orlocalorfederalfundswithoutbeingincludedintheCapitalOutlayBill, provided that the project is approved by the appropriate governing board or postsecondary management board;
the Board of Regents;
the division of administration, office of facility planning and control;
and the Joint Legislative Committee on the Budget.
The office of facilityplanningand control shall issue the necessary contracts for the project and shall disburse funds to pay the costs of the project.
The university, higher education facility, or consortium shall remit project funding to the office of facilityplanning and control for deposit in the state treasury at such time as may be deemed necessary by the office of facility planning and control in order to cover the amount of contracts or other project expenses.
Any surplus of the project fundingand anyinterest earnedon the funds shall be refunded totheuniversity,highereducationfacility,orconsortiumbythestatetreasurer.Each postsecondary management board shall report projects initiated under the provisions of this Section to the Board of Regents on a monthly basis.
Section 4.
R.S.
42:375.2(A), the introductory paragraph of (B) and (B)(1), (C), and (D)(3)areherebyamendedandreenactedandR.S.
42:375.2(D)(4)is herebyenactedto read as follows:
§375.2.
Agency attrition analysis process, higher education systems A.
The Board of Regents Each management board of each public postsecondary education systemshall establishandimplement an agencyattrition analysis process tobeusedbyeachinstitution undereachhighereducationsystem to review the historical employee vacancies, relative to authorized table of organization full and part-time positions funded in whole or in part by the state general fund, within each agency with a goal to reduce by five percent annually for three years by an equally proportionate reduction of such positions across all salary ranges of equal increments, beginning Fiscal Year 2010-2011 2026-2027, the number of such positions in each higher education system.
B.
In implementing the requirements of Subsection A of this Section, the BoardofRegentseachmanagementboardshallestablishaprocesswhichrequires Page 14 of 15 Coding:
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SB NO.
484 ENROLLED the analysis of the following:
(1) General staffing needs of each higher education system public postsecondary education institution.
* * * C.
On the first dayof the month following the month in which the executive budget is submitted to the Joint Legislative Committee on the Budget, the Board of Regentseachmanagementboardshallprovideawrittenreportto theCommission on Streamlining Government Joint Legislative Committee on the Budget indicating the state general fund dollar savings achieved as a result of the implementation of the agency attrition analysis process and the number of vacant positionseliminatedandanyotherinformationrelatingtopersonnelnumbers,costs, and historical vacancies.
D.
For the purposes of this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise:
* * * (3)"Managementboard"shallhavethesamemeaningasR.S.17:3128.1.
(4) "Vacant position" means any authorized table of organization full or part-time position of employment for which a budget has been approved and an appropriation has been made or a transfer of funds effected pursuant to law which is funded in whole or in part by the state general fund, but which is not filled.
Section 5.
R.S.
36:651(F)(6) and (L)(1)(a) are herebyrepealed.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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