Amendment vs bill House Floor Amendment, #4390, Owen, Charles, Adopted vs Engrossed

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HLS 26RS-1749 ENGROSSED Regular Session HOUSE BILL NO.
HFAHB1008 224 4390 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session Amendments proposed by Representative Owen to Engrossed House Bill No.
1008 BY REPRESENTATIVE OWEN COLLEGES/FACULTY:
1008 by Representative Owen AMENDMENT NO.
Prohibits public postsecondary education institutions from retaliating against faculty members for disclosing certain alleged violations or exercising academic freedom or free speech AN ACT To enactPart XV of Chapter 26 of Title 17 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
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17:3399.51, relative to facultyat public postsecondaryeducation institutions;
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toprohibitapublicpostsecondaryeducationinstitution fromretaliating against a faculty member for disclosing certain alleged violations or exercising academicfreedomorfreespeech;toprovidefordefinitions;toprovideforpenalties;
3 On page 1, between lines 11 and 12, insert the following:
to provide for remedies;
"Section 1.
to require the Board of Regents to adopt a uniform policy relative to reporting and investigations;
The legislature finds that academicfreedomand the free exchange of ideas are essential to the mission of public postsecondary education in Louisiana.
to require public postsecondary education institutions to adhere to the policy;
Faculty members must be free to teach, conduct research,publish,andengageintherigorousexchangeofideasandevidence to educate students.
to provide for annual reporting;
This Act protects legitimate academic freedom and free speech while preserving the authorityof institutions to enforce professional standards of conduct." AMENDMENT NO.
to provide for applicability;
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to provide for effectiveness;
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and to provide for related matters.
"anyapplicablestatelaw.Academicfreedomincludesthefreedomtoeducate and to engage in the open exchange of ideas and evidence but does not includethreatening,intimidating,harassing,demeaning,abusive,orcoercive language or conduct." AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
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Section 1.
"This protection does not include threatening, intimidating, harassing, demeaning, or coercive conduct." AMENDMENT NO.
Part XV of Chapter 26 of Title 17 of the Louisiana Revised Statutes of 1950, comprised of R.S.
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17:3399.51, is hereby enacted to read as follows:
PART XV.
FACULTY MEMBERS:
FREEDOM FROM RETALIATION, ACADEMIC FREEDOM, AND FREE SPEECH §3399.51.
Faculty members;
freedom from retaliation for disclosing alleged violations, academic freedom, and free speech A.
For the purposes of this Part:
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HLS 26RS-1749 ENGROSSED HB NO.
HFAHB1008 224 4390 AMENDMENT NO.
1008 (1) "Academic freedom" means the right of faculty members to teach, research,publish,andexpressviewsonmatterswithintheirfieldofexpertisewithout interference, consistent with professional standards and institutional policies.
8 On page 3, between lines 9 and 10, insert the following:
(2) "Facultymember"meansanytenuredornontenuredprofessor,instructor, lecturer,orotheracademicemployeeatapublicpostsecondaryeducationinstitution.
"(3) The protections of this Subsection apply only when the faculty member's conduct is consistent with any applicable state law and does not involvethreatening,demeaning,intimidating,harassing,abusive,orcoercive language or conduct." AMENDMENT NO.
(3) "Free speech" means expression protected under the First Amendment of the Constitution of the United States of America, as interpreted by the United States Supreme Court, and Article I, Section 7 of the Constitution of Louisiana.
9 On page 3, delete lines 10 through 29 and on page 4, delete lines 1 through 8 and insert the following:
(4) "Public postsecondary education institution" or "institution" means an institution under the supervision and management of the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the Board of Supervisors for the University of Louisiana System, or the Board of Supervisors of Community and Technical Colleges.
"C.(1) A faculty member aggrieved by a violation of Paragraph (B)(1) of this Section may seek all remedies available to civil plaintiffs under applicable state and federal law." AMENDMENT NO.
(5) "Retaliate against or harm" means to inflict any adverse action, such as discharge, demotion, suspension, denial of promotion or tenure, reduction in payor benefits, harassment, threats, negative evaluations, reassignment, or any action causing financial, professional, or emotional harm.
10 On page 4, line 9, delete "(3) In accordance with Article X," and insert the following:
B.(1) No public postsecondary education institution or any officer, employee, or agent thereof shall retaliate against or harm any faculty member for:
"(2) In accordance with Article XII," AMENDMENT NO.
(a) Disclosing or reporting concerns about any alleged violation of law, regulatorypolicy, or ethical standard or any other alleged act of improprietyrelated to academic, administrative, or operational matters at the institution, including but not limited to reporting concerns to any supervisor, institutional official, state or federalagency, legislator, law enforcementofficer,or thepublicabout waste, fraud, abuse, misconduct, or threats to public health, safety, or institutional integrity.
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(b) Exercising academic freedom, including but not limited to teaching topics that some may consider controversial, conducting research, and publishing findings.
12 On page 4, line 12, after "do" and before "of" delete "either" and insert "any" AMENDMENT NO.
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13 On page 4, between lines 21 and 22, insert the following:
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"(3) Limit or restrict the authority of an institution to enforce standards of professional conduct, including but not limited to prohibitions on threats, intimidation, harassment, or demeaning or abusive language as provided in any applicable state law, Board of Regents policies, or institutional policies." AMENDMENT NO.
HLS 26RS-1749 ENGROSSED HB NO.
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1008 (c) Exercising free speech during student instruction consistent with his academic field and the subject matter of the course.
15 On page 4, at the beginning of line 25, delete "G." and insert "F." AMENDMENT NO.
(d)Exercisingfreespeechoutsidethescopeofstudentinstruction,including extramural free speech involving public appearances, publications, and other expression on topics outside his academic field.
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(2) A faculty member is not required to give prior notice to the institution relativeto anyoftheactionsprovidedforin Subparagraphs(1)(a)through(c)ofthis Subsection in order for the protection provided in this Section against being retaliated against or harmed to apply.
C.
Any institution that, or individual who, violates the provisions of Paragraph (B)(1) of this Section shall be subject to:
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(1) Civil penalties of not less than ten thousand dollars and not more than one hundred thousand dollars per violation.
(2) Injunctive relief to prevent further violations.
(3) Referral to the attorneygeneral or district attorneyfor potential criminal prosecutionunderapplicablelaws,includingbutnotlimitedtomalfeasanceinoffice as provided in R.S.
14:134 et seq.
D.(1) Anyinstitution that violates the provisions of Paragraph (B)(1) of this Section shall be liable for all harm caused to the faculty member, including but not limited to:
(a) Financial harm, including but not limited to lost wages, benefits, or opportunities.
(b) Professional harm, including but not limited to damage to reputation, career advancement, or research opportunities.
(c) Emotional harm,including but not limited to distress, anxiety, or mental anguish.
(2) An aggrieved faculty member may bring a civil action in a court of competent jurisdiction within two years of the violation of Paragraph (B)(1) of this Section.
Remedies shall include:
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HLS 26RS-1749 ENGROSSED HB NO.
1008 (a) Reinstatement,backpay,andrestorationofbenefitsortenurestatusifthe faculty member proves by a preponderance of the evidence that an adverse action against him was retaliation for conduct provided for in Paragraph (B)(1) of this Section.
(b) Compensatorydamages,includingtrebledamagesforwillfulviolations.
(c) Reasonable attorneyfees and court costs.
(d) Punitive damages of up to five hundred thousand dollars for egregious or repeated violations.
(3) In accordance with Article X, Section 10(B) of the Constitution of Louisiana, an institution shall not be entitled to sovereign immunity for violations of Paragraph (B)(1) of this Section.
E.
Nothing in this Part shall be construed to do either of the following:
(1) Limit or restrict the authority of an institution to make legitimate, merit-based personnel decisions, including the granting or denial of tenure, promotion, or any other employment action.
(2) Prohibit an institution from denying tenure, promotion, or any other benefit to a faculty member who fails to satisfy established, codified performance standards, rubrics, teaching effectiveness criteria, research expectations, service requirements, or other legitimate academic or institutional criteria, as long as such decision is not made in retaliation for conduct provided for in Paragraph (B)(1) of this Section.
F.
TheBoardofRegentsshalladoptauniformpolicyfortheimplementation of this Section, including procedures for confidential reporting and independent investigations, to which each institution shall adhere.
G.
Each institution shall submit a written report to the legislature byMarch first annually relative to any complaints it receives pertaining to violations of Paragraph (B)(1) of this Section and action taken to resolve such complaints.
Section 2.
The provisions of R.S.
17:3399.51 as enacted by Section 1 of this Act shall be applied retroactivelyto January 1, 2025, as well as prospectively.
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HLS 26RS-1749 ENGROSSED HB NO.
1008 Section 3.
This Act shall become effectiveupon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.
It constitutes nopart 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 1008 Engrossed 2026 Regular Session Owen Abstract:
Prohibits public postsecondary institutions from retaliating against faculty members for disclosing certain alleged violations or exercising academic freedom or free speech.
Presentlawprovidesthatanypublicemployeewhoreportsinformationwhichhereasonably believes indicates a violation of any law or of any order, rule, or regulation issued in accordance with law or any other alleged acts of impropriety related to the scope or duties ofpublicemploymentorpublicofficewithinanybranchofstategovernmentoranypolitical subdivision shall be free from discipline, reprisal, or threats of discipline or reprisal bythe publicemployerforreportingsuchactsofallegedimpropriety.
Proposedlawretainspresent law and additionally:
(1) Prohibits a public postsecondary education institution or any officer, employee, or agent thereof from retaliating against or harming anyfacultymember for disclosing certain alleged violations, exercising academic freedom, or exercising free speech.
(Proposed law defines "free speech" as expression protected under the First AmendmentoftheU.S.Constitution, asinterpretedbytheU.S.
SupremeCourt, and Article I, Section 7 of the Constitution of La.) (2) Provides that a faculty member is not required to give prior notice to the institution relative to any of those actions in order for proposed law protections to apply.
(3) Provides that any institution that, or individual who, violates this prohibition is subjecttocivil penaltiesof$10,000-$100,000dollarsperviolation, injunctiverelief to prevent further violations, and referral to the attorneygeneral or district attorney for potential criminal prosecution.
(4) Providesthataninstitutionthatviolatesthisprohibitionisliableforallharmscaused to the faculty member, including financial harm, professional harm, and emotional harm.
(5) Authorizes an aggrieved faculty member to bring a civil action within two years of aviolationofproposedlawandprovidesforremediesincludingreinstatement,back pay, and restoration of benefits or tenure status if the faculty member proves by a preponderanceof the evidencethat an adverseaction against him wasretaliation for conduct provided for in proposed law;
compensatory damages, including treble damagesforwillfulviolations;reasonableattorneyfeesandcourtcosts;andpunitive damages of up to $500,000 for egregious or repeated violations.
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HLS 26RS-1749 ENGROSSED HB NO.
1008 (6) Provides that an institution shall not be entitled to sovereign immunity with respect to violations of proposed law.
(7) Requires the Bd.
of Regents to adopt a uniform policy for proposed law implementation, including procedures for confidential reporting and independent investigations, to which each institution shall adhere.
(8) Requires each institution to submit a written report to the legislature byMarch first annually relative to any complaints it receives pertaining to violations of proposed law and resolutions relative to such complaints.
Proposed law provides that nothing in proposed law shall be construed to do either of the following:
(1) Limit or restrict the authority of an institution to make legitimate, merit-based personnel decisions, including the granting or denial of tenure, promotion, or any other employment action.
(2) Prohibit an institution from denying tenure, promotion, or any other benefit to a faculty member who fails to satisfy established, codified performance standards, rubrics, teaching effectivenesscriteria,researchexpectations, service requirements, or other legitimate academic or institutional criteria, as long as such decision is not made in retaliation for conduct provided for in proposed law.
Proposed law provides that proposed law shall be applied retroactively to Jan.
1, 2025, as well as prospectively.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S.
17:3399.51) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Education to the original bill:
1.
Revise the definition of "free speech".
2.
Make damages with respect to reinstatement, back pay, and restoration of benefits or tenure status conditional on the faculty member proving by a preponderanceoftheevidencethatanadverseactionagainst him wasretaliation for conduct provided for in proposed law.
3.
Add that nothing in proposed law shall be construed to:
(a) Limit or restrict the authority of an institution to make legitimate, merit-based personnel decisions.
(b) Prohibit an institution from denying tenure, promotion, or any other benefit as long as such decision is not made in retaliation for conduct provided for in proposed law.
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