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SB499 Alabama 2012 Session

Updated Feb 27, 2026
High Interest

Summary

Primary Sponsor
Arthur Orr
Arthur OrrSenator
Republican
Co-Sponsor
Bill Holtzclaw
Session
Regular Session 2012
Title
Athens State University, removed from under purview of State Board of Education and State Department of Postsecondary Education, board of trustees created, powers provided, president appointment, nomination committee, police officers, Sec. 16-60-110 am'd
Summary

SB499 would remove Athens State University from the State Board of Education and Department of Postsecondary Education and create a dedicated Athens State University Board of Trustees to govern it.

What This Bill Does

Establishes the Athens State University Board of Trustees with defined composition and powers, and divests the State Board of Education of supervision over the university. Sets the university's mission to serve upper-division transfer students, allows limited onsite instruction at community colleges if needed, and requires programs to be approved by the Alabama Commission on Higher Education to avoid program duplication. Transfers ownership of university property and records to the new board, grants the board authority over land and capital improvements, and maintains CHE oversight for academic programs.

Who It Affects
  • Athens State University community (students, faculty, staff) by shifting governance to a dedicated Board of Trustees, establishing a president’s selection process, and defining the university’s mission and authority over programs and campus affairs.
  • State and local education/government entities (State Board of Education, Department of Postsecondary Education, Governor, CHE, Limestone County delegation, Athens State University faculty/staff/alumni organizations) by changing oversight, appointment processes, reporting requirements, and the involvement of various groups in governance (e.g., nominating committee, ex officio roles).
Key Provisions
  • Creates the Athens State University Board of Trustees and defines its composition: six district members, two at-large, one from the two-year institutions in the campus district, the Chancellor of the Department of Postsecondary Education, and the Governor as ex officio president.
  • Transfers exclusive jurisdiction of Athens State University from the SBOE to the new board, with the SBOE transferring all property and records to the board; university remains under CHE for academic matters and may continue current programs without new CHE approval if those programs existed before the act.
  • Defines the university's mission as serving the upper-division needs of transfer students and permits onsite instruction at nearby community colleges only if the senior institution cannot provide it onsite; requires graduate programs to be approved by CHE and to avoid program duplication.
  • Authorizes the board to control land, buildings, and capital improvements; contracts related to capital projects require board approval; leases or conveyances require board action.
  • Appoints the university president; the president appoints and salaries faculty and staff, defines duties, and may confer degrees; the president may not engage in conflicting business activities with certain restrictions.
  • Establishes a nominating committee to fill board vacancies, requiring three names to be submitted within 45 days of a vacancy; vacancies may be filled by the Governor with Senate confirmation; committee members include board members, faculty/staff senate leaders, Limestone County delegation member, and alumni/foundation leaders.
  • Provides for regular and special board meetings, a six-member quorum for business, and reporting requirements including annual financial disclosures to the Legislature.
  • Authorizes university police officers to protect campus property and cooperate with local authorities; officers have authority to arrest on and near campus grounds.
  • Clarifies that Athens State University shall not be considered a junior college, trade school, community college, or technical college for purposes of the Code after the act’s effective date, and authorizes updating references accordingly.
  • Effective date is October 1, 2012.
AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Athens State University

Bill Text

Votes

Motion to Read a Third Time and Pass

April 28, 2012 Senate Passed
Yes 30
Absent 5

Motion to Read a Third Time and Pass

May 11, 2012 House Passed
Yes 90
No 4
Absent 11

Motion to Adopt

May 11, 2012 House Passed
Yes 96
Abstained 1
Absent 8

Holtzclaw motion to Concur In and Adopt

May 12, 2012 Senate Passed
Yes 20
Abstained 7
Absent 8

Williams (D) motion to Concur In and Adopt

May 17, 2012 House Passed
Yes 100
No 1
Abstained 1
Absent 3

Marsh motion to Concur In and Adopt

May 18, 2012 Senate Passed
Yes 29
No 3
Absent 3

Documents

Source: Alabama Legislature