Senate Constitutional Amendment No. 12

Introduced by Senator Runner

(Coauthor: Senator Cannella)

February 19, 2016

Senate Constitutional Amendment No. 12—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 9 of Article IX thereof, relating to the University of California.

LEGISLATIVE COUNSEL’S DIGEST

SCA 12, as introduced, Runner. University of California: students.

Existing provisions of the California Constitution provide that the University of California constitutes a public trust, and require that the university be administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes. These provisions require that corporation to have all the powers necessary or convenient for the effective administration of its trust.

This measure would require the regents to honor a fiduciary duty to California residents who aspire to attend the University of California. The measure would require the regents to ensure that specified data about in-state students, out-of-state students, and international students is reported, as specified, no later than July 1, 2017, by all University of California campuses on their Internet Web sites or using a successor technology. The measure would require the average statistical profiles of out-of-state and international freshman students enrolled at each campus of the university to be no lower than the average statistical profiles of in-state freshman students. The measure would authorize statutory implementation of the duty of the regents to report information to the public under this measure to maximize transparency and ensure compliance.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2015-16 Regular
Session commencing on the first day of December 2014, two-thirds
of the membership of each house concurring, hereby proposes to
the people of the State of California, that the Constitution of the
State be amended as follows:

  

That Section 9 of Article IX thereof is amended to read:

SEC. 9.  

(a) The University of California shall constitute a
public trust, to be administered by the existing corporation known
as “The Regents of the University of California,” with full powers
of organization and government, subject only to begin delete such end delete begin insert that end insert
legislative control as may be necessary to begin delete insure end delete begin insert ensure end insert the security
of its funds and compliance with the terms of the endowments of
the university and begin delete such end delete competitive bidding procedures as may be
made applicable to the university by statute for the letting of
construction contracts, sales of real property, and purchasing of
materials, goods, and services. begin delete Said end delete begin insert The end insert corporation shall be in
form a board composed of seven ex officio members, which shall
be: the Governor, the Lieutenant Governor, the Speaker of the
Assembly, the Superintendent of Public Instruction, the president
and the vice president of the alumni association of the begin delete university end delete
begin insert university, end insert and the acting president of the university, and 18
appointive members appointed by the Governor and approved by
the Senate, a majority of the membership begin delete concurring; provided,
however that the present appointive members shall hold office
until the expiration of their present terms. end delete begin insert concurring. end insert

(b)  begin insert (1) end insert begin insert   end insert The terms of the members appointed prior to November
5, 1974, shall be 16 years; the terms of two appointive members
to expire as heretofore on March begin delete 1st end delete begin insert 1 end insert of every even-numbered
calendar year, and two members shall be appointed for terms
commencing on March 1, 1976, and on March 1 of each year
thereafter; provided that no such appointments shall be made for
terms to commence on March 1, 1979, or on March 1 of each
fourth year thereafter, to the end that no appointment to the regents
for a newly commencing term shall be made during the first year
of any gubernatorial term of office. The terms of the members
appointed for terms commencing on and after March 1, 1976, shall
be 12 years. begin delete During the period of transition until the time when
the appointive membership is comprised exclusively of persons
serving for terms of 12 years, the total number of appointive
members may exceed the numbers specified in the preceeding
paragraph. end delete

begin delete

In

end delete

begin insert (2) end insert begin insert   end insert begin insert In end insert case of any vacancy, the term of office of the appointee
to fill such vacancy, who shall be appointed by the Governor and
approved by the Senate, a majority of the membership concurring,
shall be for the balance of the term for which begin delete such end delete begin insert that end insert vacancy
exists.

(c) The members of the board may, in their discretion, following
procedures established by them and after consultation with
representatives of faculty and students of the university, including
appropriate officers of the academic senate and student
governments, appoint to the board either or both of the following
persons as members with all rights of participation: a member of
the faculty at a campus of the university or of another institution
of higher education; a person enrolled as a student at a campus of
the university for each regular academic term during his begin insert or her end insert
service as a member of the board. Any person so appointed shall
serve for not less than one year commencing on July 1.

(d) Regents shall be able persons broadly reflective of the
economic, cultural, and social diversity of the State, including
ethnic minorities and women. However, it is not intended that
formulas or specific ratios be applied in the selection of regents.

(e) In the selection of the begin delete Regents, end delete begin insert regents, end insert the Governor shall
consult an advisory committee composed as follows: The Speaker
of the Assembly and two public members appointed by the
Speaker, the President begin delete Pro end delete begin insert pro end insert Tempore of the Senate and two
public members appointed by begin delete the Rules Committee of end delete the begin delete Senate, end delete
begin insert Senate Committee on Rules, end insert two public members appointed by the
Governor, the begin delete chairman end delete begin insert chairperson end insert of the regents of the
university, an alumnus of the university chosen by the alumni
association of the university, a student of the university chosen by
the Council of Student Body Presidents, and a member of the
faculty of the university chosen by the academic senate of the
university. Public members shall serve for four years, except that
one each of the initially appointed members selected by the Speaker
of the Assembly, the President begin delete Pro end delete begin insert pro end insert Tempore of the Senate,
and the Governor shall be appointed to serve for two years; student,
alumni, and faculty members shall serve for one year and may not
be regents of the university at the time of their service on the
advisory committee.

(f) The Regents of the University of California shall be vested
with the legal title and the management and disposition of the
property of the university and of property held for its begin delete benefit end delete
begin insert benefit, end insert and shall have the power to take and hold, either by
purchase or by donation, or gift, testamentary or otherwise, or in
any other manner, without restriction, all real and personal property
for the benefit of the university or incidentally to its begin delete conduct;
provided, however, that end delete begin insert conduct. However, end insert sales of university real
property shall be subject to begin delete such end delete competitive bidding procedures
begin delete as end delete begin insert that end insert may be provided by statute. begin delete Said end delete begin insert The end insert corporation shall also
have all the powers necessary or convenient for the effective
administration of its trust, including the power to sue and to be
sued, to use a seal, and to delegate to its committees or to the
faculty of the university, or to others, begin delete such end delete begin insert the end insert authority or
functions as it may deem wise. The begin delete Regents end delete begin insert regents end insert shall receive
all funds derived from the sale of lands pursuant to the act of
Congress of July 2, 1862, and any subsequent acts amendatory
thereof. The university shall be entirely independent of all political
or sectarian influence and kept free therefrom in the appointment
of its regents and in the administration of its affairs, and no person
shall be debarred admission to any department of the university
on account of race, religion, ethnic heritage, or sex.

(g) Meetings of the Regents of the University of California shall
be public, with exceptions and notice requirements as may be
provided by statute.

begin insert

(h) (1) As administrators of a public trust, the regents shall act
in the best interests of the people of California, and shall honor a
fiduciary duty to California residents who aspire to take advantage
of the University of California’s promise of a high-quality college
education.

end insert begin insert

(2) No later than July 1, 2017, the regents shall ensure that all
campuses of the University of California report, on their Internet
Web sites, or report using a successor technology, uniform
application, admission, and freshman class profiles including, but
not necessarily limited to, all standardized test scores and
grade-point averages presented in the same statistical format
employed pursuant to the Common Data Set Initiative or a
successor database. Separate uniform statistical profiles shall be
reported for California students, out-of-state students, and
international students enrolled at each campus.

end insert begin insert

(3) The average statistical profile of out-of-state and
international freshman students enrolled at each campus of the
University of California shall be no lower than the average
statistical profile of in-state freshman students at that campus.

end insert begin insert

(4) The information required to be reported under paragraph
(2) shall be updated on at least an annual basis.

end insert begin insert

(5) Notwithstanding subdivision (a), the duty of the regents to
report information to the public under this subdivision shall be
self-executing, but subject to statutory implementation and audit
requirements to maximize transparency and ensure compliance.

end insert