Amended in Senate April 13, 2016

Senate Constitutional Amendment No. 12

Introduced by begin delete Senator Runner end delete begin insert Senators Runner and Huff end insert

(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 amended, Runner. University of California: begin delete students. end delete begin insert California residents. end insert

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 begin insert to act in the best interests of the people of California and end insert to honor begin delete a end delete begin insert their end insert fiduciary duty to California residents who aspire to attend the University of begin delete 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. end delete begin insert California by ensuring that priority in admissions is given to applicants who are California residents. end insert

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 that legislative
control as may be necessary to ensure the security of its funds and
compliance with the terms of the endowments of the university
and 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. The 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 university, 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 concurring.

(b) (1) 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 1 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.

(2) In 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 that 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 or her
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 regents, 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 pro Tempore of the Senate and two public members
appointed by the Senate Committee on Rules, two public members
appointed by the Governor, the chairperson 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 pro 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 benefit, 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 conduct. However, sales of
university real property shall be subject to competitive bidding
procedures that may be provided by statute. The 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, the authority or functions as
it may deem wise. The regents 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.

(h)  begin delete (1) end delete begin delete   end delete As administrators of a public trust, the regents shall act
in the best interests of the people of begin delete California, and end delete begin insert California.
The regents end insert shall honor begin delete a end delete begin insert their end insert fiduciary duty to California residents
who aspire to take advantage of the University of California’s
promise of a high-quality college begin delete education. end delete begin insert education by ensuring
that priority in admissions is given to applicants who are California
residents. end insert

begin delete

(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.

(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.

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

(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 delete