SENATE, No. 2337

STATE OF NEW JERSEY

INTRODUCED DECEMBER 11, 1997

By Senators LIPMAN and MacInnes

An Act concerning the governance of higher education and amending P.L.1994, c.48.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1.     Section 13 of P.L.1994, c.48 (C.18A:3B-13) is amended to read as follows:

    13. a. There is established the New Jersey Commission on Higher Education which shall consist of nine members: six public members, to be appointed by the Governor with the advice and consent of the Senate without regard for political affiliation, two public members to be appointed by the Governor, one upon the recommendation of the President of the Senate and one upon the recommendation of the Speaker of the General Assembly, and the chairperson of the New Jersey Presidents' Council, ex officio. The public members shall reflect the diversity of the State. Notwithstanding the above, for a period of four years from July 1, 1994 the commission shall consist of 15 members, as follows: 10 public members, appointed by the Governor with the advice and consent of the Senate without regard for political affiliation, six of whom shall have experience as a current member of the governing board of an institution of higher education, four public members to be appointed by the Governor, two upon the recommendation of the President of the Senate and two upon the recommendation of the Speaker of the General Assembly, and the chairperson of the New Jersey Presidents' Council, ex officio. The executive director of the commission shall be an ex officio, non-voting member of the commission. In addition, the Governor shall appoint two students in attendance at public or independent institutions of higher education in the State from recommendations submitted by student government associations of New Jersey colleges and universities, who shall serve for a one year term on the commission as [non-]voting members.

    b. Public members who are not experienced as governing board members shall serve for a term of six years from the date of their appointment and until their successors are appointed and qualified; except that of the initial appointees who are not serving on the governing board of an institution: one shall serve a term of one year; one shall serve a term of two years; one shall serve a term of three years; one shall serve a term of four years; two shall serve a term of five years; and two shall serve a term of six years. A public member who does not have experience as a current member of a governing board shall serve until the member's successor is appointed and qualified.

    Any vacancy shall be filled in the same manner as the original appointment but only for the balance of the unexpired term. The commission members shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. No commission member shall be appointed for more than two consecutive six-year terms.

    c. The Governor shall make the necessary appointments within 15 days of the effective date of this act. The commission shall hold its first meeting within 30 days of the appointment and qualification in office of its members, at which time the Governor shall appoint, for a two-year term, the chairman of the commission from among those public members not serving on the board of trustees of an institution. Upon the completion of the chairman's term, and every two years thereafter, the commission shall elect, from among those public members who are not serving on the board of trustees of an institution, a chairman who shall serve a two-year term. The chairman may be removed by the Governor for cause after an opportunity to be heard. d. The commission shall be established in the Executive Branch of the State Government and for the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated in but not of the Department of State, but notwithstanding this allocation, the commission shall be independent of any supervision or control by the department or by any board or officer thereof. The commission shall submit its budget request directly to the Division of Budget and Accounting in the Department of the Treasury.

    e. The commission shall appoint an executive director and such other personnel as may be deemed necessary. The executive director and professional staff shall serve at the commission's pleasure and shall receive such compensation as provided by law.

    f. The Attorney General shall provide legal representation to the commission.

(cf: P.L.1994, c.48, s.13.)

    2. This act shall take effect immediately.

STATEMENT

    This bill grants voting rights to the student members of the Commission on Higher Education. Under current law, the Governor appoints two students to be non-voting members of the commission, each for a one year term, from recommendations submitted by student government associations of New Jersey colleges and universities. The student members, who are enrolled at a State public or private institution serve as advocates for students enrolled in institutions of higher education throughout the State. This bill would grant the same voting rights to the student members of the commission as the other members of the commission currently have thus allowing the student members full participation in commission matters.