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PM-29 - Policy on Student Referendums to establish a new Special Service Fee or to Increase an existing feeAttachment: Opinion Number 96-353
Under certain circumstances, the LSU Board of Supervisors will approve the establishment of a special service fee or an increase in an existing special service fee through a student referendum, provided that the following conditions have been satisfied:
Allen A. Copping Attachment: Opinion Number 96-353 Nancy C. Dougherty, Esq. Article 7, Section 2.1 of the Louisiana Constitution (1974) provides as follows:
The Board of Supervisors is a constitutionally created body corporate vested with management and supervisory authority over the Louisiana State University System. Article 8, Section 7 of the Louisiana Constitution (1974). As an arm of the state, the Board is subject to the requirement of Article 7, Section 2.1(A) of the Louisiana Constitution (1974), with respect to the increase of fees assessed by the University. Hence, the question posed by your opinion request, to wit, what is a "fee" for purposes of Article 7, Section 2.1(A) of the Louisiana Constitution (1974), and, specifically, are amounts charged by the "auxiliary and self-generated operations of the University, such as for food services, book store merchandise, medical or veterinary services, student housing and admittance to extracurricular events" included in the definition of "fee". LSA-C.C. Article 9 provides with respect to the interpretation of laws:
This basic rule of statutory interpretation applies equally to the case at hand as constitutional provisions are interpreted by the same rules as are other laws. Barnett v. Develle, 299 So.2d 129 (La. 1974). Upon careful consideration of your request, it becomes apparent that there are thousands of products and services offered by LSU to students and non-students which may fall under the term fee and which, therefore, would be subjected to legislative review. The practical result would be that the legislature would be required to spend countless hours each legislative session reviewing proposed price increases for products or services, or the addition of products or services, such as, LSU sporting event tickets (including the price of popcorn sold at the games) and bookstore merchandise (including the price of every pencil and piece of paper). Such a result would clearly be absurd. Therefore, according to the cited rule of statutory construction it is incumbent upon this office to lend a meaning to the word fee which would effectuate the Legislature's intent while avoiding this absurd consequence. The term fee has several meanings. According to Black's Law Dictionary, Fourth Edition, it is defined as:
Article 7, Section 2.1 applies to all new fees or fines and all increases to existing fees and fines charged by any state board, department or agency of this state. Adopting a definition of the word fee which would restrict it to a charge for the services of a public official or a privilege under the control of government is a reasonable interpretation which gives effect to the Legislature's intent while preventing an absurd result. Under such an interpretation, charges which are assessed by a governmental entity for the purpose of defraying the costs of providing a governmental service or the costs of regulating a particular area would be considered fees. Those fees or charges for non-governmental functions or products and/or services not in the control of the governmental entity at issue would be exempt from legislative review. The Louisiana State University System is created and exists for the sole purpose of providing public higher education to the citizens of this State. This is its governmental function. Those charges which are assessed for the provision of higher education to LSU students would be considered fees for purposes of Article 7, Section 2.1. Any charges which are for services or products which are not directly a part of the delivery of an education are not considered fees. Thus, with respect to those enumerated examples listed in your opinion request, it is the opinion of this office that student housing, food services, book store merchandise, medical or veterinary services and admittance to extracurricular events are not directly a part of the governmental function of providing higher education, thus, charges for these goods and services would not be considered fees. I trust that this has adequately answered your questions. If you require anything further, please do not hesitate to call on us. Yours very truly,
The existing PM-29, dated October 14, 1998, is amended to reflect action taken by the LSU Board of Supervisors on December 12,2003: "It is recommended that the language requiring special service fees to be presented to the LSU Board of Supervisors for approval and ratification be deleted." Thus, special services fees approved through a student referendum should be submitted through proper channels to the President of the LSU System for approval. In all other respects, PM-29 is maintained as written pending further comprehensive evaluation. This memorializes the change effective as of December 12, 2003.
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