SECOND REGULAR SESSION

SENATE BILL NO. 825

90TH GENERAL ASSEMBLY


INTRODUCED BY SENATOR JACOB.

Read 1st time January 13, 2000, and 1,000 copies ordered printed.



TERRY L. SPIELER, Secretary.

3706S.01I


AN ACT

To repeal sections 174.620 and 175.021, RSMo 1994, and sections 172.037, 174.610 and 175.020, RSMo Supp. 1999, relating to certain representatives on college and university boards, and to enact in lieu thereof eight new sections relating to the same subject.


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

Section A.  Sections 174.620 and 175.021, RSMo 1994, and sections 172.037, 174.610 and 175.020, RSMo Supp. 1999, are repealed and eight new sections enacted in lieu thereof, to be known as sections 172.037, 174.056, 174.610, 174.620, 174.621, 175.020, 175.021 and 175.023, to read as follows:

172.037.  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] representatives, 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].

174.056.  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 student representatives, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the student representative.

174.610.  [1.]  The governing board of the Truman State University shall be a board of governors consisting of ten members, composed of seven voting members and three 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] immediately 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.

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 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.

3.  The governors, both voting and nonvoting 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 student representatives, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the student representative.

175.020.  The board of curators of Lincoln University of Missouri shall hereafter consist of nine members who shall be appointed by the governor, by and with the advice and consent of the senate.  No person shall be appointed a curator who shall not be a citizen of the United States and who shall not have been a resident of the state of Missouri two years next prior to his or her appointment.  Not more than five curators shall belong to any one political party.

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 or her 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 or her 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.

175.023.  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 student representatives, a given meeting closed pursuant to sections 610.021 and 610.022, RSMo, shall be closed to the student representative.




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