BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SCA 1| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: SCA 1 Page 2 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. SCA 1 Page 3 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 SCA 1 Page 4 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 SCA 1 Page 5 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) SCA 1 Page 6 None received Prepared by:Kathleen Chavira / ED. / (916) 651-4105 5/28/16 16:46:16 **** END ****