BILL ANALYSIS                                                                                                                                                                                                    Ó






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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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