BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SCA 1                
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          |Author:    |Lara and Cannella                                    |
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          |Version:   |March 10, 2016                          Hearing      |
          |           |Date:    April 20, 2016                              |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Kathleen Chavira                                     |
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          Subject:  University of California:  terms of regents


           NOTE:   This measure has been referred to the Committees on  
          Education and Elections and Constitutional Amendments.  A "do  
          pass" motion should include referral to the Elections and  
          Constitutional Amendments Committee.

            SUMMARY
          
          This measure proposes to modify Article IX of the State  
          Constitution to reduce the term of an appointment as a Regent of  
          the University of California from 12 years to four years and to  
          cap the term of such an appointment at 16 years beginning March  
          1, 2017, as specified.

            BACKGROUND
          
          The California Constitution establishes the University of  
          California (UC), a public trust to be administered by the  
          Regents of the UC and grants the Regents full powers of  
          organization and government, subject only to such legislative  
          control as may be necessary to insure security of its funds,  
          compliance with the terms of its endowments, statutory  
          requirements around competitive bidding and contracts, sales of  
          property and the purchase of materials, goods and services.  
          (Article IX, Section (9)(a) of the California Constitution)

          The California Constitution establishes the requirements for  
          appointment and terms to be served by a member of the Regents of  







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          the UC. The Constitution specifically requires that members  
          appointed prior to November 5, 1974 serve a 16 year term and  
          that members appointed on and after March 1, 1976 be appointed  
          for a term of 12 years.  The Constitution also provides that the  
          Senate, a majority of the membership concurring, approve any  
          Regent appointee made by the Governor.  
          (Article IX, Section (9)(b) of the California Constitution)

            ANALYSIS
          
          This constitutional amendment proposes to place before the  
          voters a change to the California Constitution to modify the  
          terms of an appointment as Regent of the University of  
          California.  It:

          1)   Establishes new restrictions on the terms to be served by  
               an appointed member of the Regents.  It:

                    a)             Requires that the terms of a Regent  
                    appointed for terms commencing on or after March 1,  
                    2017 be four years.

                    b)             Beginning November 9, 2016, prohibits  
                    appointment of a person as a Regent if the appointment  
                    would result in the individual serving a total of more  
                    than 16 years as a Regent (except for the appointment  
                    of a faculty member or a student Regent).

          2)   Makes the following exceptions to the new restrictions for  
               existing Regents appointed prior to November 9, 2016:

                    a)             Authorizes a Regent who has served for  
                    15 years or more to serve until the expiration of  
                    their term or until January 1, 2018, whichever is  
                    sooner.

                    b)             Authorizes a Regent who, as of January  
                    1, 2017, has served for more than four years but less  
                    than 15 years to serve until the expiration of their  
                    term or until the total term of service is 16 years,  
                    whichever is sooner.

          3)   Makes a number of technical changes and corrections. 









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          STAFF COMMENTS
          
          1)   Need for the bill. According to the author, the Senate's  
               confirmation process of the UC Regents is one of the few  
               oversight mechanisms the public and the Legislature have to  
               hold the UC accountable.  Because the Regent's terms are so  
               long, the author opines that the public, students, and  
               legislators are unable to hold them accountable to the  
               commitments and promises they make during their  
               confirmation hearings.  The author is concerned that in the  
               last decade the UC has increased its out of state and  
               international students, while ignoring the diverse pool of  
               potential applicants in its own backyard, and proposed  
               tuition increases despite opposition from the public,  
               students, and elected officials.  According to the author,  
               shorter terms and term limits will provide the Legislature  
               and the public greater oversight of the UC's powerful and  
               autonomous body and ensure accountability to the public.   
               This measure will allow voters to decide whether to shorten  
               the terms and establish term limits for the Regents. 

          2)   Clarifications.  Currently, UC Regents are appointed by the  
               Governor, and confirmed by the Senate, for a 12 year term.   
               Appointments for less than 12 years can be made in order to  
               fill a vacancy in which case the appointee serves for the  
               remainder of the term. This bill reduces the term of an  
               appointment as a Regent to 4 years.  It also caps the total  
               years of allowable service as a Regent at 16 years, and  
               makes provision for the transition to these new  
               requirements for existing Regents. No cap on the total  
               terms of service as a Regent currently exists. 

               The California Constitution provides for 18 Regents to be  
               appointed by the Governor, and approved by the Senate, via  
               majority vote, as well as a student member.  In addition,  
               the Constitution provides for seven ex officio members to  
               include the Governor, Lieutenant Governor, Assembly  
               Speaker, Superintendent of Public Instruction, the  
               President and Vice-president of the University's alumni  
               association, and the acting President of the University. 
          
          3)   Effect on existing Regents.  This bill establishes 4 year  
               terms and overall term limits of 16 years for Regents  
               appointed on or after March 1, 2017. In addition, it makes  








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               provision for the "phasing out" of existing Regents based  
               upon the amount of time which has already been served as a  
               Regent.  

               If the bill's provisions were enacted, the existing Regents  
               would be affected as follows:

               a)        Four of the current Regents were newly appointed  
                    less than four years ago by Governor Brown. These  
                    Regents would serve the remainder of their terms and  
                    all could be reappointed for an additional four year  
                    term without exceeding 16 years of service as a  
                    Regent. In addition, two of the Regents had terms that  
                    expired in March 2016 and the subsequent appointees to  
                    these positions would be subject to the 4-year and  
                    16-year terms of the bill.  

               b)        Four of the current Regents, (three of which were  
                    re-appointed by Governor Brown in 2014) were initially  
                    appointed prior to November 2016 and have served for  
                    15 or more years.   Regents Pattiz, Lozano, Lansing  
                    and Blum would be compelled to step down on January 1,  
                    2018, prior to the expiration of their terms. Regents  
                    Pattiz and Blum are serving terms currently set to  
                    expire in 2026, and the terms of Regents Lozano and  
                    Lansing are set to expire in 2022.  If allowed to  
                    serve their full terms, these individuals will have  
                    served as Regents for 21-25 years.

               c)        Eight of the current Regents will have served  
                    more than four years but  less than 15 years as of  
                    January 2107.  These Regents would serve until the  
                    expiration of their term or until total service equals  
                    16 years, whichever is sooner.  All would have served  
                    a total of 12 years by the expiration of their terms  
                    and could be reappointed for an additional four year  
                    term without exceeding 16 years of service as a  
                    Regent. 

          4)   Other University Board terms?  According to information  
               provided by the University of California (UC), several  
               other Universities have governing board terms that range  
               from 6-8 years.  These include the University of Texas,  
               University of New Mexico, University of Washington,  








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               University of Georgia, University of Wisconsin, and the  
               University of Michigan.  The University of Virginia and the  
               University of Florida set 4 and 5 year terms for board  
               members, respectively. 

               The California State University (CSU) Board of Trustees  
               members are appointed for 8 year terms.  However, CSU  
               Trustee terms are established via statue.  It is unclear  
               whether the board terms of other national universities are  
               constitutionally prescribed, although, according to the UC,  
               Michigan, Georgia, New Mexico, and Florida are  
               constitutionally autonomous.  It is also unclear whether  
               there are caps on the number of years that may be served as  
               a board member. 

          5)   Balancing autonomy and accountability?  This bill reduces  
               the terms of the Regents from 12 years to four years.   
               Serving the full 16 years would require "re-confirmation"  
               every four years.   Arguably, the autonomy established in  
               the constitution was intended to limit legislative efforts  
               to regulate issues related to teaching, learning and  
               scholarship and to limit governmental interference in  
               institutional operations.  

               The Committee may wish to consider:

                           Would the potential to be denied  
                    "reappointment" every four years compromise the  
                    ability of a Regent to administer the University of  
                    California independent of state political influence? 

                           Is a 12 year term necessary to ensure such  
                    independence?

          1)   Constitutional amendment requirements.   As a proposed  
               Constitutional 
               amendment this measure would not go into effect unless  
               approved by the majority of voters at a statewide election.  
                This proposal requires a 2/3 vote of each house in order  
               to be submitted to the voters. It does not require approval  
               by the Governor.  

          2)   Conflicting Legislation? Legislative counsel has noted a  
               potential conflict between this bill, and SCA 12 (Runner),  








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               also on the Committee's agenda today, as both propose  
               changes to Section 9, Article IX of the California  
               Constitution.  While the provisions of each proposed  
               constitutional amendment do not appear to be in conflict,  
               this bill has been referred to the Senate Committee on  
               Elections and Constitutional Amendments which has  
               jurisdiction over bills to amend the constitution and can  
               appropriately determine any necessary amendments to address  
               a conflict.  

            SUPPORT
          
          None received on this version.  

            OPPOSITION
           
           None received. 

                                      -- END --