BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 495|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                    THIRD READING


          Bill No:  SB 495
          Author:   Yee (D)
          Amended:  5/21/13
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  7-2, 5/1/13
          AYES:  Liu, Wyland, Block, Correa, Hueso, Jackson, Monning
          NOES:  Hancock, Huff

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Compensation for Postsecondary Education Physicians

           SOURCE  :     AFSCME
                      Union of American Physicians and Dentists


           DIGEST  :    This bill makes legislative findings and declarations  
          that the University of California (UC) and the California State  
          University (CSU) should make the funding of student health  
          center clinics a priority when allocating funds for student and  
          campus services and should give consideration for additional  
          compensation of physicians who address student health care  
          challenges at their student health center clinics.

           ANALYSIS  :    Existing law establishes the CSU trustees and  
          requires that they administer the CSU.  Existing law also  
          outlines the authorities, responsibilities and requirements of  
          the trustees relative to personnel matters.  

          The California Constitution establishes the UC as a public trust  
                                                                CONTINUED





                                                                     SB 495
                                                                     Page  
          2

          to be administered by the Regents of the UC with full powers of  
          organization and government, subject only to such legislative  
          control as may be necessary to insure the security of its funds  
          and compliance with the terms of the endowments of the  
          university and such competitive bidding procedures as may be  
          made applicable to the university for letting construction  
          contracts, selling real property, and purchasing materials,  
          goods, and services.  

          This bill makes legislative findings and declarations that the  
          UC and CSU should make funding of student health center clinics  
          a priority when allocating funds for student and campus services  
          and should give consideration for additional compensation of  
          physicians who address student health care challenges at their  
          student health center clinics.

           Prior Legislation
           
          SB 952 (Alquist, 2012) would have prohibited the trustees of the  
          CSU from entering into or renewing a contract for a compensation  
          increase of more than 10% using General Fund monies for any  
          administrator, as defined, from July 1, 2012, to July 1, 2018.   
          The bill died in the Assembly Appropriations Committee.

          SB 967 (Yee, 2012) would have proposed a 5% cap on executive  
          compensation increases, linked any increase in compensation to  
          student fees and General Fund appropriations, and unlike SB 952,  
          the bill would have requested that the UC comply with these  
          provisions and would not have limited prohibitions on monetary  
          compensation to public funds.  The bill failed passage in the  
          Senate Education Committee.

          Though never heard, special session bills SB 25X1 (Alquist), SB  
          26X1 (Lieu), and SB 27X1 (Yee) were all introduced in August  
          2011.  These bills were substantively similar to SB 952 and SB  
          967. 

          SB 86 (Yee, 2009), also almost identical to SB 967, was vetoed  
          by Governor Schwarzenegger in October 2009, whose veto message  
          read, in pertinent part, "This bill would limit the ability of  
          the UC and the CSU to continue to provide a high level of  
          quality education that our students deserve when they choose to  
          attend California public universities.  A blanket prohibition  
          limiting the flexibility for the UC and CSU to compete, both  

                                                                CONTINUED





                                                                     SB 495
                                                                     Page  
          3

          nationally and internationally, in attracting and retaining high  
          level personnel does a disservice to those students seeking the  
          kind of quality education that our higher education segments  
          offer.  The Regents and the Trustees should be prudent in  
          managing their systems, given the difficult fiscal crisis we  
          face as a state, but it is unnecessary for the State to  
          micromanage their operations."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No
           SUPPORT  :   (Verified  5/22/13)

          AFSCME (co-source) 
          Union of American Physicians and Dentists (co-source)
          California Medical Association
           
          OPPOSITION  :    (Verified  5/22/13)

          California State University
          University of California 
           
          ARGUMENTS IN SUPPORT  :    According to the author's office,  
          physicians employed by the CSU student health centers vary  
          significantly when compared to their UC health center  
          counterparts.  The projected salary range for these two  
          physician groups may have a disparity of up to $50,000 per year.  
           Additionally, physicians employed by individual health centers  
          on UC campuses earn salaries that vary from campus to campus but  
          the work is identical.  The author's office and the sponsors of  
          this bill do not believe that compensation should be used as  
          leverage against employees from campus to campus, and that there  
          should be pay equity for the same job between the CSU and UC  
          health center programs.    

           ARGUMENTS IN OPPOSITION  :    According to the University of  
          California, in an effort to ensure a supportive and enriched  
          learning environment for all undergraduate, graduate and  
          professional students the University provides various services  
          that directly benefit students and that are complementary to,  
          but not a part of, UC's core instructional program.  Student  
          services include a variety of programs such as academic and  
          career counseling services, cultural and social activities and  
          student health services.  Student health services provide  
          primary care and other services to keep students healthy,  

                                                                CONTINUED





                                                                     SB 495
                                                                     Page  
          4

          including general outpatient medical care; specialty medical  
          care, including mental health services; and health education.

          Student services are primarily funded by the Student Services  
          Fee, which is a mandatory systemwide fee to all students.  At  
          each UC campus a Student Fee Advisory Committee, which includes  
          student representation, obtains student input into decisions  
          regarding the use of student fee funds and advises the  
          Chancellor on the allocation of the fee revenue.  This Committee  
          already has the authority to 
          advise the Chancellor to make the funding of student health  
          services a priority.  Thus, it is unclear to the UC why this  
          legislation is needed.

          PQ:k  5/22/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****


























                                                                CONTINUED