BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 190| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 190 Author: Yee (D), et al Amended: 8/30/07 Vote: 21 SENATE EDUCATION COMMITTEE : 8-0, 3/28/07 AYES: Scott, Wyland, Alquist, Denham, Padilla, Romero, Simitian, Torlakson NO VOTE RECORDED: Maldonado SENATE JUDICIARY COMMITTEE : 5-0, 4/10/07 AYES: Corbett, Harman, Ackerman, Kuehl, Steinberg SENATE APPROPRIATIONS COMMITTEE : 17-0, 4/23/07 AYES: Torlakson, Cox, Aanestad, Ashburn, Battin, Calderon, Cedillo, Corbett, Correa, Dutton, Florez, Kuehl, Oropeza, Ridley-Thomas, Runner, Wyland, Yee SENATE FLOOR : 39-0, 4/26/07 (Consent) AYES: Aanestad, Ackerman, Alquist, Ashburn, Calderon, Cedillo, Cogdill, Corbett, Correa, Cox, Denham, Ducheny, Dutton, Florez, Harman, Hollingsworth, Kehoe, Kuehl, Lowenthal, Machado, Maldonado, Margett, McClintock, Migden, Negrete McLeod, Oropeza, Padilla, Perata, Ridley-Thomas, Romero, Runner, Scott, Simitian, Steinberg, Torlakson, Vincent, Wiggins, Wyland, Yee NO VOTE RECORDED: Battin ASSEMBLY FLOOR : Not available SUBJECT : Higher Education Governance Accountability Act CONTINUED SB 190 Page 2 SOURCE : California Newspaper Publishers Association American Federation of State, County, and Municipal Employees AFSCME Local 3299 California Faculty Association DIGEST : This bill modifies current law governing the meetings of the Regents of the University of California and the California State University Board of Trustees and clarifies the requirements for meetings that must be open and public. This bill requires that actions on executive compensation, as specified, occur in open, public meetings. Assembly Amendments : (1) name the bill the "Higher Education Governance Accountability Act", (2) delete provisions pertaining to CSU advisory and other group meetings, narrowing the provisions to pertain only to executive compensation related meetings, and (3) rewrite and clarify UC provisions relating to advisory and other group meetings. ANALYSIS : Existing Law, the Bagley-Keene Open Meeting Act, requires meetings of state bodies, including the California State University (CSU), to be open and public. The Act requires state bodies to publish a specific agenda and notice of each meeting at least 10 days in advance of the meeting. Under this Act, a congregation of a majority of members of a state body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the body constitutes a meeting that must be open and noticed. The Bagley-Keene Act requires meetings of advisory committees to be open and noticed only if the committees consist of three or more persons and are created by formal action of the body or any member of the body. Existing law requires all meetings of the Regents of the University of California (UC) and its standing and special committees or subcommittees to be subject to the Bagley-Keene Act. SB 190 Page 3 Existing law authorizes the Regents of the University of California (UC) to hold special meetings and to meet in closed session to consider or discuss specified matters including matters of national security, gifts and bequests, and matters involving the acquisition or disposition of property. Current law also authorizes the Regents to discuss in closed session, matters concerning the appointment, employment, performance, compensation, or dismissal of university employees. Existing law requires action by the Regents on compensation proposals of principal officers of the Regents or the University to be taken only in open session. In response to media reports concerning the compensation of executives at the UC, the Senate Education Committee held two informational hearings in 2006 on executive compensation practices of the UC. A university appointed task force report and independent audit provided additional information regarding UC compensation practices and policies. On March 21, 2007, this Committee held a follow-up informational hearing on this same topic for both UC and CSU. California State University This bill: 1.Requires action taken by a subcommittee and final action taken by the Trustees on executive compensation proposals for specified executive positions to occur in open session; requires full disclosure and rationale for each compensation package; and requires the Trustees to afford members of the public opportunity to comment. 2.Requires discussions of and action on executive compensation programs and policies to occur in open session. 3.Defines compensation to include salary, benefits, perquisites, severance payments, retirement benefits, or any other form of compensation. University of California SB 190 Page 4 This bill: 4.Subjects advisory groups, study groups, or task forces created by the U.C. Regents, as specified, and with a continuing subject matter jurisdiction in the area of compensation to the Bagley-Keene Act. 5.Requires action taken by a subcommittee and final action taken by the Regents on executive compensation proposals for specified executive positions to occur in open session; requires full disclosure and rationale for each compensation package; and requires the Regents to afford members of the public opportunity to comment. 6.Requires discussion of and action on executive compensation programs and policies to occur in open session. 7.Defines compensation to include salary, benefits, perquisites, severance payments, retirement benefits, or any other form of compensation. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes -- Unknown, based on amendments of 8/30/07 -- According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2007-08 2008-09 2009-10 Fund CSU $20-$40 annually General UC $35 annually General The costs of this bill pertain to the additional administrative and reporting costs of holding a greater number of open, rather that closed, meetings. SUPPORT : (Verified 4/24/07)(Unable to reverify) California Newspaper Publishers Association (co-source) SB 190 Page 5 American Federation of State, County, and Municipal Employees (co- source) AFSCME Local 3299 (co-source) California Faculty Association (co-source) Associated Students of the University of California Davis California Family Council California Federation of Teachers California Labor Federation California Nurses Association California State Employees Association California Teachers Association Californians Aware Community College Association Council of UC Faculty Associations CSU Employees Union/SEIU 2579 Levy, Ram & Olson San Francisco Labor Council Service Employees International Union State Employee's Trades Council University of California Student Association NC:nl 9/4/07 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****