BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1317


                                                                      Page  1





          ASSEMBLY THIRD READING


          AB  
          1317 (Salas)


          As Amended  June 1, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                 |Noes                 |
          |                |      |                     |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Higher          |13-0  |Medina, Baker,       |                     |
          |Education       |      |Bloom, Chávez,       |                     |
          |                |      |Harper, Irwin,       |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
          |                |      |Jones-Sawyer,        |                     |
          |                |      |Levine, Linder, Low, |                     |
          |                |      |Santiago, Weber,     |                     |
          |                |      |Williams             |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Appropriations  |14-1  |Gomez, Bonta,        |Bigelow              |
          |                |      |Calderon, Chang,     |                     |
          |                |      |Daly, Eggman,        |                     |
          |                |      |Gallagher, Eduardo   |                     |
          |                |      |Garcia, Gordon,      |                     |
          |                |      |Holden, Quirk,       |                     |
          |                |      |Rendon, Weber, Wood  |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
           ------------------------------------------------------------------- 








                                                                      AB 1317


                                                                      Page  2







          SUMMARY:  Establishes requirements regarding executive  
          compensation increases at the University of California (UC).   
          Specifically, this bill:  


          1)Finds and declares all of the following:


             a)   On November 19, 2014, the UC Regents voted on a "five-year  
               stability plan," which establishes annual tuition and student  
               fee increases of up to 5% per year for both undergraduate and  
               graduate students, with increase levels contingent on state  
               funding;


             b)   While increasing tuition costs for students, the regents  
               also approved compensation increases of up to 20% for several  
               chancellors and executives;


             c)   As a public institution designed to serve students, the UC  
               has a responsibility to keep education accessible and  
               affordable and to prioritize student needs over executive  
               pay; and,


             d)   The State of California has an interest in holding UC  
               accountable and maintaining affordability in higher  
               education.


          2)Requests the UC Regents refrain from increasing the compensation  
            of any executive officer when the amount of mandatory system  
            wide student fees and tuition of the university has been  
            increased at any time in the immediately preceding two years.
          3)Defines "executive officer" to include, but not be limited to,  
            the President of the UC, a chancellor, a vice chancellor, an  








                                                                      AB 1317


                                                                      Page  3





            executive vice chancellor, the general counsel, and the regents  
            secretary.


          4)Applies the aforementioned restriction only to executive  
            officers that enter into or renew contracts for employment on or  
            after January 1, 2016.


          EXISTING LAW:  


          1)Establishes UC as a public trust and confers the full powers of  
            the UC upon the UC Regents.  The Constitution establishes that  
            the UC is subject to legislative control only to the degree  
            necessary to ensure the security of its funds and compliance  
            with the terms of its endowments.  Judicial decisions have held  
            that there are three additional areas in which there may be  
            limited legislative intrusion into university operations:  
            authority over the appropriation of state moneys; exercise of  
            the general police power to provide for the public health,  
            safety and welfare; and, legislation on matters of general  
            statewide concern not involving internal university affairs.   
            (Constitution of California Article IX, Section 9)


          2)Declares the Legislature's intent that no proposal relating to  
            the salary, benefits, perquisite, severance payments (except in  
            the case of a dismissal or litigation settlement), retirement  
            benefits or any other form of compensation paid to an officer of  
            the UC become effective unless specified notice requirements  
            have been met and action taken in an open session meeting of the  
            regents. (Education Code Section 92032.5)


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill's restrictions on compensation will, to some  
          indeterminable degree, increase turnover in executive positions at  
          UC as individuals leave for more favorable compensation prospects.  








                                                                      AB 1317


                                                                      Page  4





           Though this bill applies to specifically named positions, it is  
          not limited to those positions.  UC will incur significant  
          additional costs associated with filling additional vacancies  
          including the search firm, travel expenses, relocation expenses,  
          and interim's salary.  


          The above costs will be partially offset by savings from the  
          compensation limitations provided for in the bill.


          COMMENTS:  In May of 2006, the Bureau of State Audits (BSA)  
          released an audit (Report 2006-103) reviewing UC compensation  
          practices and finding that stricter oversight and greater  
          transparency were needed to improve practices.  The BSA's  
          recommendations included improving use of the Corporate Personnel  
          System to track employee compensation, tracking approved  
          exceptions to UC compensation policies and identifying  
          unauthorized exceptions to policies, and requiring highly paid  
          university employees to disclose all forms of compensation.  In  
          response to issues raised by audits and management reviews,  
          legislative hearings, and media reports, UC enacted several  
          reforms to improve transparency and accountability regarding  
          compensation practices.  These reforms include providing an annual  
          report to the Legislature on senior management compensation and  
          reform efforts, annually auditing senior management compensation,  
          establishing new policies governing oversight and market  
          appropriateness of senior management compensation, expanding  
          public disclosure of salaries, and establishing comprehensive and  
          ongoing review of compensation-related policies. 




          Analysis Prepared by:                                               
                          Laura Metune / HIGHER ED. / (916) 319-3960  FN:  
          0000763










                                                                      AB 1317


                                                                      Page  5