HB272 By Representatives Rogers, Moore (M), Melton and Coleman-Evans RFD Education Policy Rd 1 12-MAR-15

SYNOPSIS: Under existing law, the Board of Trustees of the University of Alabama is responsible for the management and control of all campuses of the University of Alabama System.

This bill would propose an amendment to the Constitution of Alabama of 1901, to create a separate supervisory board of trustees for the University of Alabama at Birmingham to provide for the general management and operation of the University of Alabama at Birmingham, subject to the approval of the Board of Trustees of the University of Alabama System in instances affecting the entire system, and to provide for the day-to-day operation of the University of Alabama at Birmingham.

A BILL TO BE ENTITLED AN ACT

Proposing an amendment to Section 264 of the Constitution of Alabama of 1901, as amended by Amendment 399, now appearing as Section 264 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the Board of Trustees of the University of Alabama; to create a separate supervisory board of trustees for the University of Alabama at Birmingham; to provide for the general management and operation of the University of Alabama at Birmingham by the supervisory board, subject to the approval of the Board of Trustees of the University of Alabama System in certain instances; and to provide for the day-to-day operation of the University of Alabama at Birmingham by the supervisory board.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

"Section 264. Board of trustees of state university.

"(a) The state university shall be under the management and control of a board of trustees, which shall consist of two members from each congressional district in the state, an additional member from the congressional district which includes the site of the first campus of the university, the superintendent of education Superintendent of Education, and the governor Governor, who shall be ex officio president of the board. The members of the board of trustees as now constituted shall hold office until their respective terms expire under existing law, and until their successors shall be elected and confirmed as hereinafter required. The additional trustees provided for by this amendment shall be elected by the existing members of the board, and confirmed by the senate Senate in the manner provided below, for initial terms of not more than six years established by the board so that one term shall expire each three years in each congressional district. Successors to the terms of the existing and additional trustees shall hold office for a term of six years, and shall not serve more than three consecutive full six-year terms on the board; provided however that a. A trustee shall retire from the board and vacate office at the annual meeting of the board following that trustee's seventieth birthday. Election of additional and successor trustees or of trustees to fill any vacancy created by the expiration of a term or by the death or resignation of any member or from any other cause shall be by the remaining members of the board by secret ballot; provided, that any. Any trustee so elected shall hold office from the date of election until confirmation or rejection by the senate Senate, and, if confirmed, until the expiration of the term for which elected, and until a successor is elected. At every meeting of the legislature Legislature the superintendent of education Superintendent of Education shall certify to the senate Senate the names of all who shall have been so elected since the last session of the legislature Legislature, and the senate Senate shall confirm or reject them, as it shall determine is for the best interest of the university. If it rejects the names of any members, it shall thereupon elect trustees in the stead of those rejected. No trustee shall receive any pay or emolument other than his or her actual expenses incurred in the discharge of his or her duties as such. Upon the vacation of office by a trustee, the board, if it desires, may bestow upon a trustee the honorary title of trustee emeritus, but such status shall confer no responsibilities, duties, rights, or privileges as such.

"(b) The University of Alabama at Birmingham shall be under the management and control of a supervisory board of trustees. The supervisory board may act and make decisions concerning the general management and operation of the University of Alabama at Birmingham and shall be responsible for the day-to-day operation of the University of Alabama at Birmingham. The Board of Trustees of the University of Alabama may review and rescind actions of the supervisory board which have a detrimental effect upon the entire university system. The supervisory board shall consist of five members, at least three of whom shall be graduates of the University of Alabama at Birmingham. Each member of the supervisory board shall be a resident of Jefferson County for at least one year immediately preceding nomination to the supervisory board and shall reside in the county during the entire term of office. A chair and vice chair of the supervisory board shall be elected from its membership. The members of the supervisory board shall meet with the Board of Trustees of the University of Alabama System, at the times and places as may be mutually agreed upon. Due notice of meetings shall be given by the board of trustees, for the purpose of reporting and giving information and advice to the trustees regarding the proper maintenance and operation of the University of Alabama at Birmingham. The initial members of the supervisory board shall be appointed by the Board of Trustees of the University of Alabama: One for a term of two years, two for a term of three years, and two for a term of four years. Thereafter, all members of the supervisory board shall be elected by the Board of Trustees of the University of Alabama, on nominations made by the remaining members of the supervisory board, for four-year terms. Vacancies on the supervisory board shall be filled in the same manner by the Board of Trustees of the University of Alabama, and the appointees shall serve for the unexpired terms. The members of the supervisory board shall serve without compensation, but shall be reimbursed for their actual expenses incurred in the discharge of their duties, to be paid in the same manner as the expenses of the university trustees are paid. The President of the University of Alabama at Birmingham shall be an ex officio nonvoting member of the supervisory board and may sit with that body during deliberations."

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

"Proposing an amendment to Section 264, as amended by Amendment 399, of the Constitution of Alabama of 1901, now appearing as Section 264 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the Board of Trustees of the University of Alabama; to create a supervisory Board of Trustees for the University of Alabama at Birmingham as a separate body under the University of Alabama System to provide for the general management and operation of the University of Alabama at Birmingham, subject to the approval of the Board of Trustees of the University of Alabama System concerning actions affecting the entire system.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Elections

Jefferson County

Counties

University of Alabama--Birmingham

Board of Trustees

Colleges and Universities