HB 496

Under existing law, the Board of Trustees of Tuskegee University is referred to both as a board of trustees and a board of commissioners and the State Superintendent of Education is an ex officio member of the board

This bill would clarify that the governing board of Tuskegee University is a board of trustees, and would remove the State Superintendent of Education from membership on the board

To amend Sections 16-57-1 and 16-57-5, Code of Alabama 1975, relating to Tuskegee University, to clarify that the governing board of the institution is a board of trustees; and to remove the State Superintendent of Education from membership on the board of trustees.

Section 1

Sections 16-57-1 and 16-57-5 of the Code of Alabama 1975, are amended to read as follows:

§16-57-1.

(a) Appropriations made to Tuskegee Institute University by the Alabama Legislature to be used for the purpose of maintaining a graduate school in agriculture, a graduate school in home economics and a graduate school in veterinary medicine operations and maintenance of the educational program of the institution and for the agricultural research and extension service state match, or such other areas as are deemed feasible and wise in accordance with felt need, shall be paid to the Treasurer of Tuskegee Institute University, on warrant of the State Treasurer, and said the Treasurer of Tuskegee Institute University shall make a surety bond in the sum of $25,000.00 twenty-five thousand dollars ($25,000), payable to the State of Alabama, to insure the safekeeping of such appropriations. The said bond shall be approved by the Secretary of State and the same shall be filed in his or her office. The premium on said the bond shall be paid by warrant of the State Treasurer out of the General Fund. The said appropriation shall be under the control of the Board of Trustees of Tuskegee Institute University, and the same shall be applied in such manner as it deems best to carry out the purpose of the appropriation. The commissioners hereinafter provided for shall be residents of the State of Alabama and shall be members of the board of trustees with the same rights and powers as the other trustees, except as to filling vacancies on the Board of Trustees of Tuskegee Institute, in which they shall have no voice.

(b) There shall be appointed by the Governor five commissioners trustees who shall be residents of the state and shall hold office for a term of four years and until their successors are appointed and qualified; should a vacancy occur on the board of commissioners trustees as appointed by the Governor, by death, resignation, refusal to serve, or by becoming otherwise disqualified, then such the vacancy shall be filled for the unexpired term by the Governor. The Superintendent of Education of the State of Alabama shall be an ex officio member of said board of commissioners. The commissioners appointed by the Governor, as herein provided, shall make an annual written report to the Superintendent of Education of the State of Alabama of the conditions and progress of graduate instruction hereinabove referred to.

§16-57-5.

The Legislature finds that Tuskegee University has a unique relationship to the State of Alabama. The Legislature further finds that due to the unique nature of the circumstances related to the establishment and development of Tuskegee Institute University which differs from that of private schools and colleges receiving funds from the state and from the state's public colleges and universities, the institution should be afforded a unique treatment relative to funding from the Education Trust Fund. Tuskegee Institute was established by an act of the Legislature in 1881 and separately incorporated by an act of the Legislature in 1892; the Governor appoints five commissioners trustees who serve as voting members on the Tuskegee Board; and the State Superintendent of Education serves as an ex officio voting commissioner on the Tuskegee Board of Trustees. Tuskegee has received appropriations from the Legislature since 1881. Being a private institution as well as a state related and supported institution, the Legislature deems that Tuskegee University should be funded accordingly and not as the private schools and colleges nor as the state public colleges and universities are funded."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.