BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 190|
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                              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
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          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







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           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) 







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          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

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