SCA 1 Senate Constitutional Amendment

BILL NUMBER: SCA 1	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 5, 2016
	AMENDED IN SENATE  MARCH 10, 2016

INTRODUCED BY   Senators Lara and Cannella
   (Coauthor: Senator Anderson)

                        DECEMBER 4, 2014

   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 1, as amended, Lara. University of California: terms of
regents.
   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.
   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.
   This measure  would, for   would prohibit
 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.  
the effective date of the measure from serving more than one term on
the board. The measure would provide that regents serving on the
board on the effective date of the measure could continue to serve
until the expiration of their   terms and, if they had
served less than 12 years on the board as of that date, would make
these members eligible for reappointment to the board for no more
than one additional term. The measure would also make a member
appointed to fill a vacancy on the board on or after the effective
date of the measure eligible for reappointment only if the balance of
the term for which he or she has been appointed to fill the vacancy
is less than 6 years. 
   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. 
Except as set forth in paragraph (2), the   The 
terms of the members appointed for terms commencing on and after
March 1, 1976, shall be 12 years.
   (2) (A) Except as set forth in  subparagraph (B) or (C):
  paragraph (3), no member appointed on or after the
effective date of the measure that adds this paragraph shall serve
more than one term on the board.  
   (i) The terms of the members appointed for terms commencing on or
after March 1, 2017, shall be four years.  
   (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). 
   (B) A member appointed before  November 9, 2016, 
 the effective date of the measure that adds this paragraph
 who, as of  January 1, 2017,   that date,
 has served as a regent for  15   12 
or more  years  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).   term, but shall not be
eligible for reappointment to the board. 
   (C) A member appointed before  November 9, 2016, 
 the effective date of the measure that adds this paragraph,
 who, as of  January 1, 2017,   that date,
 has served as a regent for more than four years, but
 less than  15   12  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).   term,
and shall be eligible for reappointment to the board for no more than
one additional   term. 
   (3) In case of any vacancy, the term of office of the appointee to
fill that 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.
 A member who has been appointed pursuant to this paragraph on or
after the effective date of the measure that adds paragraph (2)
shall be eligible for reappointment to the board, for no more than
one term, only if the balance of the term for which he or she has
been appointed to fill the vacancy is less than six years. 
   (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.