BILL ANALYSIS Ó
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: SCA 1 Hearing Date: 5/10/16
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|Author: |Lara |
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|Version: |5/5/16 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Darren Chesin |
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Subject: University of California: terms of regents
DIGEST
This measure prohibits Regents of the University of California
from serving more than one 12-year term on the board for terms
commencing on or after the effective date of this measure.
ANALYSIS
Existing law :
1)Establishes, pursuant to the California Constitution, the
University of California (UC), as 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.
2)Provides that the Senate, a majority of the membership
concurring, approve any Regent appointee made by the Governor.
3)Establishes the requirements for appointment and terms to be
served by a member of the Regents of the UC. The Constitution
specifically requires that members appointed on and after
March 1, 1976 be appointed for a term of 12 years.
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4)Does not prohibit a Regent of the UC from being appointed to
serve more than one term.
This bill :
1)Prohibits Regents appointed by the Governor for terms
commencing on or after the effective date of this measure from
serving more than one 12-year term on the board.
2)Provides that a Regent appointed before the effective date of
this measure who has served for 12 or more years may continue
to serve until the expiration of his or her term, but shall
not be eligible for reappointment to the board.
3)Provides that a Regent appointed before the effective date of
this measure who has served as a Regent for less than 12
years, may continue to serve until the expiration of his or
her term, and shall be eligible for reappointment to the board
for no more than one additional term.
4)Provides that a Regent appointed to fill a vacancy on the
board on or after the effective date of this measure is
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.
5)Makes various technical changes and corrections.
BACKGROUND
UC Regents . 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. Current law does not prohibit a UC Regent from
being appointed to serve more than one term.
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
SCA 1 (Lara) Page 3
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acting President of the University.
Other university board terms . 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.
COMMENTS
1)According to the author : The Senate's confirmation process is
one of the few oversight mechanisms that we all agree fosters
communication between the Legislature, the public, and the UC
Board of Regents. Currently, some Regents have served for
over 20 years and their service should be commended, however,
their lengthy term disincentives a dialogue with the public
and the Legislature.
SCA 1 will give voters the opportunity to increase oversight at
the University of California (UC) by providing that Regents
serve single 12-year terms, and allowing current Regents to
serve no more than one additional 12-year term, unless they
have already served 12 or more years on the board, at which
point they may continue to serve until the expiration of their
term.
These terms will enable us to engage more often and work
together towards our common goals. If the UC is going to
retain its reputation and continue to lead globally, we need
to work collaboratively with the UC to better serve its
students, professors, and employees.
SCA 1 will allow voters to establish appropriate term limits for
the UC Board of Regents 2016 and give the Legislature and the
public the opportunity to be more involved in the functions of
the university. UC will still maintain the same academic
independence it has enjoyed since its inception.
RELATED/PRIOR LEGISLATION
SCA 12 (Runner), which is pending in the Senate Judiciary
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Committee, proposes to modify the State Constitution to require
the UC Regents to ensure that priority in admissions is given to
applicants who are California residents.
POSITIONS
Sponsor: Author
Support: None received
Oppose:University of California
UCLA Undergraduate Students Association
Three individuals including two former UC Regents
(It should be noted that all of the aforementioned
letters of opposition relate to the prior version of
this measure which would have reduced the length of
the Regents' terms from 12 to 4 years and limited the
total number of possible years served to 16. The
Committee is unaware if these organizations and
individuals continue to oppose the current version of
this measure.)
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