BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SCA 1|
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THIRD READING
Bill No: SCA 1
Author: Lara (D) and Cannella (R), et al.
Amended: 5/19/16
Vote: 27
SENATE EDUCATION COMMITTEE: 6-0, 4/20/16
AYES: Hancock, Huff, Leyva, Mendoza, Monning, Vidak
NO VOTE RECORDED: Liu, Block, Pan
SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 5/10/16
AYES: Allen, Anderson, Hancock, Hertzberg, Liu
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Nielsen
NO VOTE RECORDED: Bates
SUBJECT: University of California: terms of regents
SOURCE: Author
DIGEST: This constitutional amendment 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 10 years for terms commencing on or after the effective
date of this measure and prohibits these members from serving
more than two terms.
ANALYSIS:
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Existing law, under the California Constitution:
1)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)
2)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 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)
This constitutional amendment proposes to place before the
voters a change to the California Constitution to modify the
terms of an appointment as UC Regent. 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 the effective date of the measure
be 10 years.
b) Prohibits any member appointed on or after the
effective date of the measure from serving more than two
terms on the board.
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c) Provides that a member appointed in order to fill a
vacancy shall be eligible for reappointment to the board
for no more than one term.
2)Makes the following provision for Regents appointed prior to the
measure's enactment:
a) Provides that a Regent appointed prior to the measure's
effective date who has served more than one term:
i) Is authorized to serve until the
expiration of their term.
ii) Is ineligible for reappointment to the
board.
b) Provides that a Regent appointed prior to the measure's
effective date who is serving his/her first term:
i) May continue to serve until the
expiration of his/her term.
ii) Is eligible for reappointment to the
board for no more than one additional term.
3)Makes a number of technical changes and corrections.
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
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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 measure reduces the term of an
appointment as a Regent to 10 years and caps the allowable
service as a Regent at two terms. Current regents would be
allowed to continue their existing appointment until the
expiration of their terms, but eligibility for reappointment
would depend upon the number of terms already served.
Similarly, appointments to fill a vacancy would be eligible
for only one additional 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 acting President of the University.
No cap on the total terms of service as a Regent currently
exists.
3) Other University Board terms? According to information
provided by the UC, several other Universities have governing
board terms that range from six to eight years. These
include the University of Texas, University of New Mexico,
University of Washington, University of Georgia, University
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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 statute. 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.
4) Constitutional amendment requirements. As a proposed
Constitutional amendment, this measure does 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, this measure
results in costs of up to $552,000 general fund for additional
pages to be printed in the voter information guide for a
statewide election. The UC cites no significant costs resulting
from the passage of this measure.
SUPPORT: (Verified 5/27/16)
None received
OPPOSITION: (Verified 5/27/16)
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None received
Prepared by:Kathleen Chavira / ED. / (916) 651-4105
5/28/16 16:46:16
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