Amended in Senate March 10, 2016

Senate Constitutional Amendment No. 1

Introduced by Senators Lara and Cannella

(Coauthor: Senator Anderson)

December 4, 2014

Senate Constitutional Amendment No. 1—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by begin delete amending, repealing, and adding end delete begin insert amending end insert Section 9 of Article IX thereof, relating to the University of California.

LEGISLATIVE COUNSEL’S DIGEST

SCA 1, as amended, Lara. University of California: begin delete legislative control. end delete begin insert terms of regents. end insert

Existing provisions of the California Constitution provide that the University of California constitutes a public trust, and require the university to 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. begin delete These provisions require that corporation to have all powers necessary or convenient for the effective administration of its trust. end delete

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This measure would repeal on January 1, 2017, the constitutional provisions relating to the university and the regents, and would require the university and the regents to be continued in existence subject to legislative control as may be provided by statute. The measure would require the Legislature to enact legislation to implement these provisions, but would prohibit the Legislature from enacting any law that restrains academic freedom, as defined, or imposes educational or curricular requirements on students enrolled at the University of California. The measure would also require the University of California to focus its recruitment efforts on the enrollment of California residents as students of the university.

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Existing provisions of the California Constitution provide that the regents consist of 7 ex officio members, and 18 members appointed by the Governor and approved by the Senate, a majority of the membership concurring, for 12-year terms. The California Constitution authorizes the board of regents to appoint a student or faculty member of the university, or both, to the board, as specified.

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This measure would, for regents appointed by the Governor for terms commencing on or after March 1, 2017, make the duration of a term 4 years. The measure also would, commencing November 9, 2016, prohibit a person from being appointed for a term that would result in that person serving a total of more than 16 years as a regent, exclusive of service as a student or faculty regent. The measure would specify limits on the periods of service of appointive regents whose service on the board began before November 9, 2016, and who, as of January 1, 2017, have served as regents for more than 4 years.

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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:

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First--  

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

SEC. 9.  

(a) The

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end insert begin insert

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

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begin insert SEC. 9. end insert   

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begin insert (a) end insert begin insert   end insert begin insert The end insert 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)  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 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. begin delete The end delete begin insert Except as set forth in
paragraph (2), the end insert terms of the members appointed for terms
commencing on and after March 1, 1976, shall be 12 years.

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(2) (A) Except as set forth in subparagraph (B) or (C):

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(i) The terms of the members appointed for terms commencing
on or after March 1, 2017, shall be four years.

end insert begin insert

(ii) Commencing November 9, 2016, a person shall not be
appointed for a term set forth in this paragraph, or set forth in
paragraph (1) or (3), if the appointment would result in that person
serving a total of more than 16 years as a regent, exclusive of any
time served pursuant to subdivision (c).

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(B) A member appointed before November 9, 2016, who, as of
January 1, 2017, has served as a regent for 15 or more years may
continue to serve until the expiration of his or her term or until
January 1, 2018, whichever is earlier, at which time the person
shall cease to be a regent and the Governor may appoint a new
member pursuant to subparagraph (A).

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(C) A member appointed before November 9, 2016, who, as of
January 1, 2017, has served as a regent for more than four years,
but less than 15 years, may continue to serve until the expiration
of his or her term or until his or her service totals 16 years,
whichever is earlier, at which time the person shall cease to be a
regent and the Governor may appoint a member pursuant to
subparagraph (A).

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In

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begin insert (3) end insert begin insert   end insert begin insert In end insert case of any vacancy, the term of office of the appointee
to fill begin delete such end delete begin insert that end insert 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.

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(h) This section shall become inoperative on January 1, 2017,
and as of that date is repealed.

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Second--  

That Section 9 is added to Article IX thereof, to
read:

SEC. 9.  

(a) The University of California is hereby continued
in existence in the state government, and is subject to legislative
control as may be provided by statute.

(b) The University of California shall be administered by the
existing corporation known as “The Regents of the University of
California,” which is hereby continued in existence in the state
government, and is subject to legislative control as may be provided
by statute.

(c)  (1) The Legislature shall enact legislation to implement
this section.

(2) Notwithstanding subdivisions (a) and (b), or any other
provision of this Constitution, the Legislature shall not enact any
law that restrains academic freedom within the University of
California or imposes educational or curricular requirements on
students enrolled at the University of California.

(3) As used in this subdivision, “academic freedom” means the
freedom to discuss all relevant matters in the classroom, to explore
all avenues of scholarship, research, and creative expression, and
to speak or write without institutional discipline or restraint on
matters of public concern as well as matters related to professional
duties of faculty and staff and the functioning of the university.

(d) The University of California shall focus its recruitment
efforts on the enrollment of California residents as students of the
university.

(e) This section shall become operative on January 1, 2017.

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