Bill Text: NJ S432 | 2014-2015 | Regular Session | Introduced


Bill Title: Requires members of governing boards of public institutions of higher education to complete a training program developed by the Commission on Higher Education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-14 - Introduced in the Senate, Referred to Senate Higher Education Committee [S432 Detail]

Download: New_Jersey-2014-S432-Introduced.html

SENATE, No. 432

STATE OF NEW JERSEY

216th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 


 

Sponsored by:

Senator  M. TERESA RUIZ

District 29 (Essex)

 

 

 

 

SYNOPSIS

     Requires members of governing boards of public institutions of higher education to complete a training program developed by the Commission on Higher Education.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning the members of governing boards of public institutions of higher education, amending P.L.2009, c.308, and supplementing chapter 3B of Title 18A of the New Jersey Statutes.

 

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

 

     1.    (New section)  a.  As a condition of serving as a member of the governing board of a public institution of higher education, a person shall be required to complete a training program developed or approved by the Commission on Higher Education that is designed to clarify the roles and duties of a governing board member.

     b.    The training shall be completed no later than six months after the date that the person is appointed as a member of the governing board of a public institution of higher education; except that a person who serves as a member of a governing board prior to the effective date of this act shall complete the training no later than six months after the effective date.

     c.    The commission shall:

     (1)  prescribe the subject matter of the training which shall include, but need not be limited to, governance responsibilities, ethical standards, due diligence, the requirements of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), and P.L.1963, c.73 (C.47:1A-1 et seq.), issues associated with laws on privacy, board member fiduciary responsibilities, and a review of the types of financial, organizational, legal, and regulatory issues that a member of a governing board may be required to consider in the course of discharging the member's governance responsibilities;

     (2)  provide the training directly or arrange for, or specify, the entity or entities to provide the training. In the case of a county college, the commission shall designate the New Jersey Council of County Colleges to provide the training;

     (3)  conduct a periodic review of the prescribed subject matter of the training to insure that the training includes information on relevant changes to State or federal law and other information deemed necessary to enable governing board members to serve effectively;

     (4)  certify completion of the training for each governing board member upon receipt of documentation thereof, as provided on a form and in a manner prescribed by the commission, or otherwise arrange for certification by the training entity; and

     (5)  take other such actions as the commission determines appropriate to effectuate the purposes of this act.

 

     2.    Section 17 of P.L.2009, c.308 is amended to read as follows:

     17.  A public research university and State college shall provide information, orientation, and training to each of its governing board members on the legal and ethical responsibilities of a member of the governing board. The training provided to governing board members shall be in accordance with the provisions of section 1 of P.L.       , c.     (C.     ) (pending before the Legislature as this bill).

(cf: P.L.2009, c.308, s.17)

 

     3.    The Commission on Higher Education shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

 

     4.    This act shall take effect on the 180th day after the date of enactment, but the Commission on Higher Education may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     This bill requires a member of a governing board of a public institution of higher education to complete a training program developed or approved by the Commission on Higher Education. Under the bill, the commission would prescribe the subject matter of the training, which will include, but need not be limited to, information concerning governance responsibilities, ethical standards, due diligence, the requirements of the "Senator Byron M. Baer Open Public Meetings Act," and the open public records law, issues associated with laws on privacy, board member fiduciary responsibilities, and the types of financial, organizational, legal, and regulatory issues associated with discharging the duties of a governing board member.

     Under the bill, the commission could provide the training directly or arrange for, or specify, the entity or entities to provide the training, and certify completion of the training for each governing board member. In the case of a county college, the bill provides that the commission will designate the New Jersey Council of County Colleges to provide the training.

     The bill provides that the training must be completed no later than six months after the date that the person is appointed as a member of the governing board. A person who is serving as a member of a governing board prior to the bill's effective date must complete the training no later than six months after the effective date.

     The bill makes a technical amendment to reflect recently enacted legislation, P.L.2009, c.308, concerning training for governing board members of public research universities and State colleges.

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