Tennessee Higher Education Commission - As enacted, creates a mechanism for the management and governance functions of certain boards to be transferred and assumed by the commission in the event a board ceases to exist under the Tennessee Governmental Entity Review Law. - Amends TCA Title 4 and Title 49.
SB2109 has been assigned Public Chapter Number 848 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB2109Date
    Effective date(s) 05/01/202405/13/2024
    Pub. Ch. 84805/13/2024
    Signed by Governor.05/01/2024
    Transmitted to Governor for action.04/19/2024
    Signed by H. Speaker04/18/2024
    Signed by Senate Speaker04/16/2024
    Enrolled and ready for signatures04/16/2024
    Passed H., Ayes 74, Nays 23, PNV 004/15/2024
    Am. withdrawn. (Amendment 2 - HA0931)04/15/2024
    Am. withdrawn. (Amendment 1 - HA0788)04/15/2024
    Subst. for comp. HB.04/15/2024
    Rcvd. from S., held on H. desk.02/22/2024
    Sponsor(s) Added.02/16/2024
    Engrossed; ready for transmission to House02/15/2024
    Passed Senate as amended, Ayes 27, Nays 602/15/2024
    Senate adopted Amendment (Amendment 1 - SA0522)02/15/2024
    Placed on Senate Regular Calendar for 2/15/202402/13/2024
    Recommended for passage with amendment/s, refer to Senate Calendar Committee02/07/2024
    Passed on Second Consideration, refer to Senate Education Committee02/01/2024
    Placed on Senate Education Committee calendar for 2/7/202402/01/2024
    Rule #83(8) Suspended, to be heard in Senate Education Committee 2/7/202402/01/2024
    Introduced, Passed on First Consideration01/31/2024
    Filed for introduction01/29/2024
    Actions For HB2346Date
    Comp. became Pub. Ch. 84805/13/2024
    Comp. SB subst.04/15/2024
    H. Placed on Regular Calendar for 4/15/202404/10/2024
    Reset on next avail. cal.04/10/2024
    H. Placed on Regular Calendar for 4/10/202404/04/2024
    Reset on next avail. cal.04/04/2024
    H. Placed on Regular Calendar for 4/4/202403/28/2024
    Placed on cal. Calendar & Rules Committee for 3/28/202403/27/2024
    Rec. for pass; ref to Calendar & Rules Committee03/25/2024
    Placed on cal. Government Operations Committee for 3/25/202403/20/2024
    Rec. for pass. if am., ref. to Government Operations Committee03/20/2024
    Placed on cal. Education Administration for 3/20/202403/13/2024
    Action def. in Education Administration to 3/20/202403/13/2024
    Placed on cal. Education Administration for 3/13/202403/06/2024
    Action def. in Education Administration to 3/13/202403/06/2024
    Placed on cal. Education Administration for 3/6/202402/28/2024
    Rec for pass if am by s/c ref. to Education Administration02/26/2024
    Placed on s/c cal Higher Education Subcommittee for 2/26/202402/21/2024
    Action Def. in s/c Higher Education Subcommittee to 2/26/202402/12/2024
    Placed on s/c cal Higher Education Subcommittee for 2/12/202402/07/2024
    Assigned to s/c Higher Education Subcommittee02/06/2024
    P2C, ref. to Education Administration- Government Operations for Review02/01/2024
    Intro., P1C.01/31/2024
    Filed for introduction01/30/2024
  • AmendmentsFiscal Memos
    SA0522Amendment 1-0 to SB2109Fiscal Memo for SA0522 (13453)  Fiscal Memo for SA0522 (13453)  
    AmendmentsFiscal Memos
    HA0788Amendment 1-1 to HB2346Fiscal Memo for HA0788 (17168)  
    HA0931Amendment 2- to HB2346Fiscal Memo for HA0931 (13453)  Fiscal Memo for HA0931 (13453)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB2109

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    This bill provides that if a state university board ceases to exist in accordance with the Tennessee Governmental Entity Review Law, then the management, governance, powers, and duties of the state university board are transferred to the Tennessee higher education commission ("commission") at 11:59 p.m. on June 29 of the year in which the state university board ceases to exist. However, this bill does not alter, invalidate, or otherwise terminate any contracts, holdings, or interests of the respective state university.

    This bill prohibits the commission from exercising one or more of the powers, or performing one or more of the duties, prescribed in law for the state university for which the commission is serving as the state university board, if doing so would create a conflict of interest. The commission must report a conflict of interest to the governor in writing.

    This bill authorizes the governor to issue an executive order, proclamation, or rule to transfer the power or duty, with respect to the state university for which the commission is serving as the state university board to be performed for the respective academic year by another agency or department of this state. The commission must submit a report to the speaker of the senate and the speaker of the house of representatives of a conflict of interest for which the governor transferred a power or duty of the commission to another agency or department of this state no later than 30 days from the date on which the governor transferred the respective power or duty.

    This bill requires the commission to submit written notification of its assumption of the management and governance of a state university under this bill to the appropriate joint evaluation committee as required under law.

    EXISTING RULES, POLICIES, PROCEDURES, AND GUIDELINES

    This bill provides that all rules promulgated by a state university board that are in effect upon the commission's assumption of the management and governance for the state university continue in effect and are deemed to be rules of the commission for the respective state university.

    Further, this bill provides that all policies, procedures, and guidelines adopted by a state university board that are in effect upon the commission's assumption of the management and governance for the state university continue in effect and are deemed to be rules of the commission for the respective university.

    However, upon the reconstitution of a local governing board of trustees for a state university for which the commission is serving as the state university board, all rules, policies, procedures, and guidelines for the state university that are in effect upon the reconstitution of its local governing board of trustees continue in effect and are deemed to be the rules, policies, procedures, and guidelines of the reconstituted state university board.

    RULEMAKING

    This bill requires the commission to promulgate rules to effectuate this bill.

    ON FEBRUARY 15, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2109, AS AMENDED.

    AMENDMENT #1 makes the following changes to the bill:

    (1) This amendment provides that if a state university board ceases to exist in accordance with the Tennessee Governmental Entity Review Law, or if a state university board is vacated by an act of the general assembly that does not provide for the simultaneous reconstitution of the state university board, then the management, governance, powers, and duties of the state university board are transferred to the Tennessee higher education commission ("commission") at 11:59 p.m. on June 29 of the year in which the state university board ceases to exist, or one minute prior to the effective date of an act of the general assembly vacating the state university board, if the act does not provide for the simultaneous reconstitution of the state university board, as applicable;

    (2) This amendment requires the commission to exercise the management and governance functions, and execute and assume the powers and duties, of a state university board as provided in the law regarding Education, for a state university whose local governing board of trustees ceases to exist pursuant to the Tennessee Governmental Entity Review Law or for a state university whose local governing board of trustees is vacated by an act of the general assembly that does not provide for the simultaneous reconstitution of the state university board;

    (3) This amendment prohibits the commission from exercising or performing one or more of the commission's powers or duties as prescribed in existing law for a state university for which the commission is serving as the state university board with regard to the state university's academic programs, capital projects, or operating budget requests, if the commission has previously acted on the matter in the commission's role as the state university board;

    (4) This amendment requires, in order to avoid any conflicts of interest, the commission to delegate to the commission's executive director one or more of the commission's powers or duties as prescribed in existing law with regard to the academic programs, capital projects, or operating budget requests for a state university for which the commission is serving as the state university board, and for which the commission has previously acted in the commission's role as the state university board. The executive director may perform the delegated power or duty on behalf of the commission for the respective state university and any action taken by the executive director pursuant to such a delegation has the same force and effect as if the action were taken by the commission;

    (5) This amendment requires the executive director to, at the next scheduled commission meeting, present all information related to the executive director's performance of a power or duty delegated to the executive director;

    (6) This amendment authorizes, instead of requires, the commission to promulgate rules; and

    (7) This amendment clarifies that the present law that prohibits elected or appointed officials from serving as a member of a state university board for so long as they hold the office or position does not apply to members of the Tennessee higher education commission if the commission is serving as a state university board.

  • FiscalNote for SB2109/HB2346 filed under SB2109
  • House Floor and Committee Votes

    House moved to substitute and conform to SB2109

    SB2109 by Lundberg - FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/15/2024
    Passed
              Ayes...............................................74
              Noes...............................................23

              Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Fritts, Gant, Garrett, Gillespie, Grills, Hale, Haston, Hawk, Hazlewood, Helton-Haynes, Hicks G, Hicks T, Hill, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Whitson, Wright, Zachary, Mr. Speaker Sexton -- 74.
              Representatives voting no were: Behn, Camper, Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Jernigan, Johnson G, Jones, Love, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Shaw, Thompson, Towns -- 23.

              HB2346 by Ragan - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 4/4/2024 3/28/2024
              Voice Vote - Ayes Prevail Rep(s). Clemmons, Thompson requested to be recorded as voting No

              HB2346 by Ragan - HOUSE GOVERNMENT OPERATIONS COMMITTEE:
    Rec. for pass; ref to Calendar & Rules Committee 3/25/2024
              Voice Vote - Ayes Prevail Rep(s). Clemmons, Hemmer, Johnson G, Jones requested to be recorded as voting No

              HB2346 by Ragan - HOUSE EDUCATION ADMINISTRATION COMMITTEE:
    Rec. for pass. if am., ref. to Government Operations Committee 3/20/2024
              Voice Vote - Ayes Prevail

              HB2346 by Ragan - HOUSE HIGHER EDUCATION SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Education Administration 2/26/2024
              Voice Vote - Ayes Prevail Rep(s). Parkinson requested to be recorded as voting No

    Senate Floor and Committee Votes

    SB2109 by Lundberg - FLOOR VOTE: as Amended Third Consideration 2/15/2024
    Passed
              Ayes...............................................27
              Noes................................................6

              Senators voting aye were: Bailey, Bowling, Briggs, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager, Mr. Speaker McNally -- 27.
              Senators voting no were: Akbari, Campbell, Kyle, Lamar, Oliver, Yarbro -- 6.

    SB2109 by Lundberg - SENATE EDUCATION COMMITTEE:
    Recommended for passage w amendment/s, refer to Senate Calendar Committee 2/7/2024
    Passed
              Ayes................................................8
              Noes................................................1

              Senators voting aye were: Crowe, Gardenhire, Haile, Hensley, Lundberg, Pody, Powers, White -- 8.
              Senators voting no were: Akbari -- 1.