05 LC
14 9241
House
Resolution 679
By:
Representatives Fleming of the
117th,
Burkhalter of the
50th,
Keen of the
179th,
Smith of the
113th,
Hembree of the
67th,
and others
A
RESOLUTION
Creating
the House Study Committee on University System Institution Foundations; and for
other purposes.
WHEREAS,
the Board of Regents of the University System of Georgia (the "Board of
Regents") is the governing body that is responsible for the operation and
oversight of the 34 University System of Georgia educational institutions (the
"Institutions"); and
WHEREAS,
many of the Institutions have affiliated independently incorporated 501(c)(3)
nonprofit organizations (the "Foundations") created for the purpose of
stimulating voluntary private support from alumni, friends, foundations, and
corporations and to manage and distribute resources to support the various
missions of the Institutions; and
WHEREAS,
the various boards of directors of the Foundations (the "Foundation Boards") are
bound by the terms, conditions, and restrictions of their governing articles and
bylaws and as established by donors of the Foundations; and
WHEREAS,
the Foundation Boards are legally responsible for the performance and oversight
of all aspects of the Foundations, including compliance with Internal Revenue
Service regulations and state and federal laws; and
WHEREAS,
the Foundations were established to support the Institutions for the betterment
of the State of Georgia; and
WHEREAS,
there have been questions in other states about the relationship of
organizations similar to the Foundations and the governing bodies of the
educational institutions of such other states; and
WHEREAS,
the Association of Governing Boards ("AGB") and the Council for the Advancement
and Support of Education ("CASE") established a national committee to study the
relationship between university foundations and the applicable university
governing bodies; and
WHEREAS,
the study committee was comprised of nationally known individuals, including
university presidents, foundation presidents, a federal judge, and foundation
trustees; and
WHEREAS,
the AGB and CASE study committee worked two years to develop a national model
agreement entitled the "AGB-CASE Illustrative Memorandum of Understanding" (the
"Model MOU") which contains a proposed framework for agreements to clarify the
relationship between university foundations and the applicable university
governing bodies; and
WHEREAS,
the Model MOU has been introduced in other states.
NOW
THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that it is in the best
interests of the citizens of the State of Georgia that the relationship between
the Board of Regents and the Foundations be studied and that a legislative study
committee be established for such purpose and to evaluate any suggestions
contained within the Model MOU.
BE
IT FURTHER RESOLVED that there is created the House Study Committee on
University System Institution Foundations to be composed of five members of the
House of Representatives to be appointed by the Speaker of the House of
Representatives. The Speaker shall designate a member of the committee as
chairperson of the committee. The chairperson shall call all meetings of the
committee.
BE
IT FURTHER RESOLVED that the committee shall undertake a study of the
conditions, needs, issues, and problems mentioned above or related thereto and
recommend any actions or legislation which the committee deems necessary or
appropriate. The committee may conduct such meetings at such places and at such
times as it may deem necessary or convenient to enable it to exercise fully and
effectively its powers, perform its duties, and accomplish the objectives and
purposes of this resolution. The members of the committee shall receive the
allowances authorized for legislative members of interim legislative committees
but shall receive the same for not more than five days unless additional days
are authorized. The funds necessary to carry out the provisions of this
resolution shall come from the funds appropriated to the House of
Representatives. In the event the committee makes a report of its findings and
recommendations, with suggestions for proposed legislation, if any, such report
shall be made on or before December 31, 2005. The committee shall stand
abolished on December 31, 2005.