AN ACT

 

1Reorganizing the Board of Trustees of The Pennsylvania State
2University.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as The Pennsylvania
7State University Board of Trustees Reorganization Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Board." The Board of Trustees of The Pennsylvania State
13University.

14"Term of office." The term of years for which the Governor,
15Lieutenant Governor, Attorney General, Auditor General or State
16Treasurer is elected, or for which the president of the

1university is appointed, irrespective of whether the individual
2completes the term.

3"University." The Pennsylvania State University established
4under the act of February 22, 1855 (P.L.46, No.50), entitled "An
5act to incorporate the Farmers' High School of Pennsylvania."

6Section 3. Composition of board.

7(a) Voting members.--Beginning January 1, 2015, the board
8shall consist of 23 voting members as follows:

9(1) Eight members who are alumni of the university and
10elected by the alumni of the university in accordance with
11the university charter.

12(2) Five members appointed by the Governor, by and with
13the advice and consent of a majority of all members of the
14Senate.

15(3) Five members representing the Commonwealth's
16agriculture industry elected in accordance with the
17university charter.

18(4) Five members representing business and industry
19endeavors appointed by the board and selected in accordance
20with section 4.

21(b) Ex officio members.--Beginning on the effective date of
22this section, the Secretary of Agriculture and the Secretary of
23Education, or their designees, shall serve on the board as
24nonvoting, ex officio members of the board. The designee shall
25be a deputy secretary or an equivalent position within the
26agency.

27(c) Changes to board composition.--The General Assembly
28shall have the sole and exclusive authority to determine the
29composition of the board. Any changes to the composition of the
30board may only be done through a duly enacted law of this

1Commonwealth. Nothing in this act shall be construed to
2authorize a change to the composition of the board through
3amendment to the university charter, constitution or bylaws or
4through court order or decree.

5Section 4. Selection committee.

6The board shall establish a five-member selection committee
7to review and recommend to the full board individuals to be
8appointed to the board pursuant to section 3(a)(4). The
9committee shall be comprised of:

10(1) The chairman of the board.

11(2) One member elected to the board pursuant to section
123(a)(1), selected by all members of the board elected
13pursuant to section 3(a)(1).

14(3) One member appointed to the board pursuant to
15section 3(a)(2), selected by all members of the board
16appointed pursuant to section 3(a)(2).

17(4) One member elected to the board pursuant to section
183(a)(3), selected by all members of the board elected
19pursuant to section 3(a)(3).

20(5) One member selected to the board pursuant to section
213(a)(4).

22Section 5. Term of office.

23The following shall apply:

24(1) The term of office of a member elected pursuant to
25section 3(a)(1), (3) or (4) shall be three years.

26(2) The term of office of a member appointed by the
27Governor pursuant to section 3(a)(2) shall be three years and
28until a successor is appointed and qualified. A member may
29continue to hold office for a period not to exceed six months
30beyond the expiration of that member's term if a successor to

1that member has not been duly appointed and qualified
2according to law.

3Section 6. Vacancy.

4(a) Gubernatorial appointments.--An appointment to fill a
5vacancy in the office of a member appointed by the Governor
6pursuant to section 3(a)(2) shall be made within 60 days of the
7vacancy and shall be for the remainder of the unexpired term.

8(b) Other vacancies.--A vacancy created in any office of a
9member serving on the board pursuant to section 3(a)(1), (3) or
10(4) shall be filled in the same manner as the original position
11and in accordance with the university charter.

12Section 7. Prohibitions.

13(a) Public officials.--Beginning on the effective date of
14this act, the Governor, Lieutenant Governor, Attorney General,
15Auditor General and State Treasurer shall be prohibited from
16serving on the board during their terms of office.

17(b) University president.--Beginning on the effective date
18of this act, the president of the university shall be prohibited
19from serving on the board during the president's term of office.

20Section 8. Status of board members.

21The following shall apply to board members serving on the
22effective date of this act:

23(1) The Governor, the Secretary of the Department of
24Conservation and Natural Resources and the president of the
25university shall automatically be removed from the board on
26the effective date of this act.

27(2) Board members appointed by the Governor may, at the
28discretion of the Governor, continue to hold office as
29members of the board for the term for which they were
30appointed and, notwithstanding section 5(2), until their

1successors are appointed and qualified.

2(3) Board members representing the interests of business
3and industry shall continue to hold office as members of the
4board for the term for which they were elected.

5(4) Board members representing the interests of
6agriculture shall continue to hold office as members of the
7board for the term for which they were elected.

8(5) Board members representing the interests of alumni
9shall continue to hold office as members of the board for the
10term for which they were elected.

11Section 9.  2014 appointments and elections.

12Notwithstanding any other provision of law or any provision
13of the university charter, constitution or bylaws to the
14contrary, the following shall apply to elections or appointments
15to the board in 2014:

16(1) Two members shall be elected by the alumni.

17(2) One member shall be elected by delegates
18representing county agriculture societies.

19(3) One member shall be selected pursuant to section 4.

20(4) One member shall be appointed by the Governor in
21accordance with law.

22Section 10. Repeals.

23All other acts or parts of acts are repealed insofar as they
24are inconsistent with this act.

25Section 11. Effective date.

26This act shall take effect immediately.