SECOND REGULAR SESSION

[PERFECTED]

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 980

88TH GENERAL ASSEMBLY

Taken up for Perfection March 19, 1996.

House Substiture for House Cmmittee Substitute for House Bill No. 980 ordered Perfected and printed.

DOUGLAS W. BURNETT, Chief Clerk

L2781.06P

AN ACT

To repeal sections 172.035, 172.070 and 174.055, RSMo 1994, relating to the attendance at the governing board meetings of institutions of higher education, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 172.035, 172.070 and 174.055, RSMo 1994, are repealed and four new sections enacted in lieu thereof, to be known as sections 172.035, 172.070, 174.055 and 1, to read as follows:

172.035. 1. The governor shall, by and with the advice and consent of the senate, appoint a student representative to the board of curators of the University of Missouri, who shall attend all meetings and participate in all deliberations of the board, except any meeting, record or vote closed under the provisions of section 610.025, RSMo. Such student representative shall not have the right to vote on any matter before the board.

2. Such student representative shall be a fulltime student at the university as defined by the board, selected from a panel of three names submitted to the governor by the student government presidents of the campuses of the university, a citizen of the United States, and a resident of the state of Missouri. No person may be appointed who is not actually enrolled during the term of his appointment as a student at the University of Missouri.

3. The term of the student representative shall be two years, except that the person first appointed shall serve until January 1, 1986.

4. If a vacancy occurs for any reason in the position of student representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until his successor is appointed and qualified.

5. If the student representative ceases to be a student at the University of Missouri, or a resident of the state of Missouri, or fails to [attend any regularly called meeting of the board of which he has due notice, his] follow the board's attendance policy, the student representative's position shall at once become vacant, unless his absence is caused by sickness or some accident preventing his arrival at the time and place appointed for the meeting.

6. The student representative while attending meetings of the board shall receive his actual expenses which shall be paid out of the ordinary revenues of the university.

7. Appointments made under this section shall be made in rotation from each of the four campuses of the University of Missouri, beginning with a student from the Columbia campus, next from the Rolla campus, next from the Kansas City campus, and then from the St. Louis campus.

172.070. [If any curator shall remove from the district in which he resided at the time of his appointment, or shall fail to attend any annual, semiannual or regularly called meeting of the board, of which meeting he shall have had due notice, his office shall become at once vacant, unless such absence shall be caused by sickness or some accident preventing his arrival at the time and place appointed for the meeting of the board of curators; and] 1. The curators shall establish by the effective date of this section such bylaws as they shall deem appropriate for their attendance at meetings. If such bylaws are not established by the effective date of this section, the coordinating board for higher education shall establish an attendance policy for the curators by January 1, 1997.

2. If a curator is found by unanimous vote of the other curators to have moved such curator's residence from the district from which such curator was appointed or to have violated a bylaw as authorized by subsection 1 of this section, then the office of such curator shall be vacant.

3. If a vacancy shall occur by death, resignation, or from any other cause, the governor shall, without delay, upon being informed of the fact by the [secretary] president of the board of curators, fill such vacancy by appointment; and the person so appointed shall serve until the next regular meeting of the general assembly, and until [his] such curator's successor is appointed and qualified. The president of the board of curators shall notify the governor of any vacancy as required by this subsection within thirty days of such vacancy.

174.055. 1. The governor shall, by and with the advice and consent of the senate, appoint a student representative to the board of regents of each educational institution referred to in section 174.020 who shall attend all meetings and participate in all deliberations of the board, except any meeting, record or vote closed under the provisions of section 610.025, RSMo. Such student representative shall not have the right to vote on any matter before the board.

2. Such student representative shall be a fulltime student at the institution as defined by the board, selected from a panel of three names submitted to the governor by the student government president, a citizen of the United States, and a resident of the state of Missouri. No person may be appointed who is not actually enrolled during the term of his appointment as a student at the institution.

3. The term of the student representative shall be two years, except that the person first appointed shall serve until January 1, 1986.

4. If a vacancy occurs for any reason in the position of student representative, the governor shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve until his successor is appointed and qualified.

5. If the student representative ceases to be a student at the institution, or a resident of the state of Missouri, or fails to [attend any regularly called meeting of the board of which he has due notice, his] follow the board's attendance policy, the student representative's position shall at once become vacant, unless [his] the student representative's absence is caused by sickness or some accident preventing [his] the student representative's arrival at the time and place appointed for the meeting.

6. The student representative shall receive no compensation or reimbursement for expenses.

Section 1. Each governing board of the four-year institutions defined in section 176.010, RSMo, shall adopt an individual attendance policy for the members of its board, by the effective date of this section and in compliance with subsection 3 of section 172.070, RSMo. If an attendance policy is not adopted, the coordinating board for higher education shall establish an attendance policy for the governing board by January 1, 1997.