FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 194
91ST GENERAL ASSEMBLY
TED WEDEL, Chief Clerk
AN ACT
To repeal sections 174.450, 174.610, 174.620 and 175.021, RSMo 2000, relating to certain institutions of higher education, and to enact in lieu thereof twelve new sections relating to the same subject.
Section A. Sections 174.450, 174.610, 174.620 and 175.021, RSMo 2000, are repealed and twelve new sections enacted in lieu thereof, to be known as sections 172.036, 173.035, 174.057, 174.058, 174.450, 174.610, 174.620, 174.621, 174.622, 175.021, 175.022 and 175.023, to read as follows:
172.036. 1. One faculty member representative of the university system who meets the requirements of this section shall be appointed by the governor with the advice and consent of the senate. The governor shall select the appointee from a panel of three nominees selected by the faculty council, the faculty senate or the equivalent faculty organization of the university. The faculty member representative shall attend all meetings and participate in all deliberations of the board. Such faculty member representative shall have the same powers as the other members of the board of curators, except that such faculty member representative shall not have the right to vote on any matter before the board.
2. Such faculty member representative shall be a full-time tenured faculty member at the university, a citizen of the United States, and a resident of the state of Missouri.
3. The term of the faculty member representative shall be two years. No person shall serve as the faculty member representative to the board of curators for more than one term.
4. If a vacancy occurs for any reason in the position of faculty member representative, the governor, with the advice and consent of the senate, shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve the remainder of the term, and shall serve until such faculty member representative's successor is appointed and qualified.
5. If the faculty member representative ceases to be a full-time faculty member at the University of Missouri, or a resident of the state of Missouri, such position shall at once become vacant.
6. The faculty member representative shall receive the same reimbursement for expenses as other members of the board of curators receive pursuant to section 172.040.
173.035. 1. Pursuant to the duties for the coordinating board for higher education specified in section 173.005, the coordinating board shall promote and catalogue service learning opportunities available in the state institutions of higher education. As used in this section, "service learning" refers to structured opportunities for community service that are related to academic courses of study, and which are performed by students voluntarily or for some type of academic credit. Service learning may occur through nonprofit, governmental or community-based organizations, or schools, colleges or universities. In general, service learning is designed to provide direct experience with community issues, and has as its primary goal an increase in educational impact of academic knowledge by direct application to community needs, which results in both productive citizens and an increased quality of life for community residents. Service learning may include but is not limited to activities in the areas of tutoring, literacy training, neighborhood improvement, environmental improvements, assisting the elderly or disabled, providing mental health and physical health care, particularly for disadvantaged or low income community residents.
2. The coordinating board shall promote service learning by:
(1) Including information about service learning in workshops, seminars, and other coordinating board-sponsored training activities attended by administrators, faculty and staff;
(2) Sharing information with the state institutions of higher education about the service learning programs at those facilities which have active and ongoing programs;
(3) Developing written information about the options available to the colleges and universities in implementing service learning programs, including information on the issues of granting academic credit for service learning participation, how to connect service learning placements and academic learning, how to develop feasible programs that permit the widest possible student involvement, and forming partnerships with private entities and public agencies to help meet the goals of service learning programs; and
(4) Encouraging state institutions of higher education to establish, continue or expand service learning programs, through written and verbal communications between the coordinating board and the state institutions of higher education.
3. The coordinating board shall catalogue service learning by:
(1) Adding information about the existence, scope and structure of service learning programs at state institutions of higher education to the institutional information collected by the coordinating board, as required in subdivision (7) of subsection 2 of section 173.005;
(2) Providing summary information about the number, scope and structure of service learning programs at state institutions of higher education to nonprofit and community agencies and schools, upon request; and
(3) Providing an annual report to the governor and to the general assembly on the number, scope and structure of service learning programs at state institutions of higher education by September thirtieth of each year, beginning in 2002.
174.057. 1. There shall be a faculty representative to the board of regents of each educational institution referred to in section 174.020, appointed by the governor, with the advice and consent of the senate, who shall attend all meetings and participate in all deliberations of the board. The governor shall select the appointee from a panel of three nominees selected by the faculty council, the faculty senate, or the equivalent faculty organization of the university. Such faculty member representative shall have the same powers as the other members of the board of regents, except that such faculty member representative shall not have the right to vote on any matter before the board.
2. Such faculty member representative shall be a full-time tenured faculty member at the institution, a citizen of the United States, and a resident of the state of Missouri.
3. The term of the faculty member representative shall be two years. No person shall serve as the faculty member representative to the board of a particular institution for more than one term.
4. If a vacancy occurs for any reason in the position of faculty member representative, the governor, with the advice and consent of the senate, shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve the remainder of the term, and shall serve until such faculty member representative's successor is appointed and qualified.
5. If the faculty member representative ceases to be a full-time faculty member at the institution, or a resident of the state of Missouri, such position shall at once become vacant.
6. The faculty member representative shall receive the same reimbursement for expenses as other members of the board of regents receive pursuant to section 174.100.
174.058. 1. For the purposes of this chapter, confidentiality, as determined by the board and as provided by law, shall apply to all members and representatives on the board.
2. Any member or representative on the board may recuse himself or herself from any deliberation or proceeding of the board.
3. Upon a unanimous affirmative vote of the members of the board who are present and who are not a student or faculty representative, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the student representative, the faculty representative or both.
174.450. The governing board of Central Missouri State University, Southwest Missouri State University and of each other public institution of higher education which, through the procedures established in subdivision (7) or (8) of section 173.030, RSMo, is charged with a statewide mission shall be a board of governors consisting of [eight] nine members, composed of seven voting members and [one] two nonvoting [member] members as provided in sections 174.453 and 174.455, who shall be appointed by the governor of Missouri, by and with the advice and consent of the senate, provided that the governor shall select the appointee from a panel of three nominees selected by the faculty council, the faculty senate, or the equivalent faculty organization of the university. No person shall be appointed a voting member who is not a citizen of the United States and who has not been a resident of the state of Missouri for at least two years immediately prior to such appointment. Not more than four voting members shall belong to any one political party. The appointed members of the board of regents serving on the date of the statutory mission change shall become members of the board of governors on the effective date of the statutory mission change and serve until the expiration of the terms for which they were appointed. The board of regents of any such institution shall be abolished on the effective date of the statutory mission change, as prescribed in subdivision (7) or (8) of section 173.030, RSMo.
174.610. [1.] The governing board of the Truman State University shall be a board of governors consisting of [ten] eleven members, composed of seven voting members and [three] four nonvoting members as provided in section 174.620, who shall be appointed by the governor of Missouri, by and with the advice and consent of the senate. No person shall be appointed a voting governor who is not a citizen of the United States and who has not been a resident of the state of Missouri for at least two years next prior to [his] such person's appointment. Not more than four voting governors shall belong to any one political party. The appointed members of the board of regents serving on January 1, 1986, shall become members of the board of governors on January 1, 1986, and serve until the expiration of the terms for which they were appointed.
[2. The board of regents of the Truman State University is abolished.]
174.620. 1. The board of governors shall be appointed as follows:
(1) Four voting members [shall be selected] from the counties of Adair, Audrain, Boone, Callaway, Chariton, Clark, Howard, Knox, Lewis, Lincoln, Linn, Marion, Macon, Monroe, Montgomery, Pike, Putnam, Ralls, Randolph, St. Charles, Schuyler, Scotland, Shelby, Sullivan, and Warren, provided that not more than one member shall be appointed from the same county [of these aforementioned counties];
(2) Three voting members [shall be selected] from any of the seven college districts as contained in section 174.010, provided that no more than one member shall be appointed from the same congressional district;
(3) Two nonvoting members whose residence is other than the state of Missouri and who are knowledgeable of the educational mission of liberal arts institutions [shall be selected]; [and]
(4) One nonvoting member who is a student [shall be selected as provided in section 174.055]. Such student representative shall attend all meetings and participate in all deliberations of the board. Such student representative shall not have the right to vote on any matter before the board, but shall have all other powers and duties of section 174.055, and shall also meet the qualifications of section 174.055; and
(5) One nonvoting member who is a faculty member shall be selected as provided in section 174.622.
2. The term of service of the governors shall be as follows:
(1) The voting members shall be appointed for terms of six years; except, that of the voting members first appointed, two shall serve for terms of two years, two for terms of four years, and three for terms of six years;
(2) The nonvoting members who are not students or faculty members shall be appointed for terms of six years; except, that of the nonvoting members first appointed, one shall serve for a term of three years, and one shall serve a term of six years; and
(3) The nonvoting student member shall serve a two-year term as provided in section 174.055, and the nonvoting faculty member shall serve a two-year term as provided in section 174.622.
3. The governors while attending the meetings of the board shall receive their actual and necessary expenses, which shall be paid out of the ordinary revenues of the university. Vacancies in terms of office caused by death, resignation or removal shall be filled in the manner provided by law for such vacancies on the board of curators of the [State] University of Missouri.
174.621. 1. For the purposes of sections 174.500 to 174.630, confidentiality, as determined by the board and as provided by law, shall apply to all members and representatives on the board.
2. Any member or representative on the board may recuse himself or herself from any deliberation or proceeding of the board.
3. Upon a unanimous affirmative vote of the members of the board who are present and who are not a student or faculty representative, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the student representative, the faculty representative or both.
174.622. 1. The governor, with the advice and consent of the senate, shall appoint a faculty member representative to the board of governors of Truman State University, who shall attend all meetings and participate in all deliberations of the board. The governor shall select the appointee from a panel of three nominees selected by the faculty council, the faculty senate, or the equivalent faculty organization of the university. Such faculty member representative shall have the same powers as the other members of the board of governors, except that such faculty member representative shall not have the right to vote on any matter before the board.
2. Such faculty member representative shall be a full-time tenured faculty member at the university, a citizen of the United States, and a resident of the state of Missouri.
3. The term of the faculty member representative shall be two years. No person shall serve as the faculty member representative to the board for more than one term.
4. If a vacancy occurs for any reason in the position of faculty member representative, the governor, with the advice and consent of the senate, shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve the remainder of the term, and shall serve until such faculty member representative's successor is appointed and qualified.
5. If the faculty member representative ceases to be a full-time faculty member at the university, or a resident of the state of Missouri, such position shall at once become vacant.
6. The faculty member representative shall receive the same reimbursement for expenses as other members of the board of governors receive pursuant to section 174.620.
175.021. 1. The governor shall, by and with the advice and consent of the senate, appoint a student representative to the board of curators of Lincoln University, 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 full-time student at the university as defined by the board, selected from a panel of three names submitted to the governor by the student government association 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] such person's appointment as a student at the university.
3. The term of the student representative shall be two years, except that the person first appointed shall serve until January 1, 1989.
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] such student representative's successor is appointed and qualified.
5. If the student representative ceases to be a student at the university, or a resident of the state of Missouri, or fails to attend any regularly called meeting of the board of which [he] the representative has due notice, [his] the position shall at once become vacant, unless [his] the absence is caused by sickness or some accident preventing [his] the representative's arrival at the time and place appointed for the meeting.
6. The student representative shall receive [no compensation or reimbursement for expenses] the same reimbursement for expenses as other members of the board of curators receive pursuant to section 175.030.
7. [The student representatives of all public colleges and universities] Unless alternative arrangements for payment have been made and agreed to by the student and the university, the student representative shall have paid all student and tuition fees due prior to [said appointments] such appointment and shall pay all future student and tuition fees during the term of office when [said] such fees are due.
175.022. 1. The governor, with the advice and consent of the senate, shall appoint a faculty member representative to the board of curators of Lincoln University, who shall attend all meetings and participate in all deliberations of the board. The governor shall select the appointee from a panel of three nominees selected by the faculty council, the faculty senate, or the equivalent faculty organization of the university. Such faculty member representative shall have the same powers as the other members of the board of curators, except that such faculty member representative shall not have the right to vote on any matter before the board.
2. Such faculty member representative shall be a full-time tenured faculty member at the university, a citizen of the United States, and a resident of the state of Missouri.
3. The term of the faculty member representative shall be two years. No person shall serve as the faculty member representative to the board for more than one term.
4. If a vacancy occurs for any reason in the position of faculty member representative, the governor, with the advice and consent of the senate, shall appoint a replacement who meets the qualifications set forth in subsection 2 of this section and who shall serve the remainder of the term, and shall serve until such faculty member representative's successor is appointed and qualified.
5. If the faculty member representative ceases to be a full-time faculty member at the university, or a resident of the state of Missouri, such position shall at once become vacant.
6. The faculty member representative shall receive the same reimbursement for expenses as other members of the board of curators receive pursuant to section 175.030.
175.023. 1. For the purposes of this chapter, confidentiality, as determined by the board and as provided by law, shall apply to all members and representatives on the board.
2. Any member or representative on the board may recuse himself or herself from any deliberation or proceeding of the board.
3. Upon a unanimous affirmative vote of the members of the board who are present and who are not a student or
faculty representative, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the
student representative, the faculty representative or both.
Missouri House of Representatives