BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING


          SB  
          104 (Committee on Budget and Fiscal Review)


          As Amended  August 26, 2015


          Majority vote.  Budget Bill Appropriation Takes Effect  
          Immediately


          SENATE VOTE:  23-13


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Budget          |27-0 |Weber, Melendez,      |                    |
          |                |     |Travis Allen,         |                    |
          |                |     |Bigelow, Bloom,       |                    |
          |                |     |Bonta, Campos,        |                    |
          |                |     |Chávez, Chiu, Cooper, |                    |
          |                |     |Gordon, Grove, Jones, |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Jones-Sawyer, Kim,    |                    |
          |                |     |Lackey, McCarty,      |                    |
          |                |     |Mullin, Nazarian,     |                    |
          |                |     |Obernolte, O'Donnell, |                    |
          |                |     |Patterson, Rodriguez, |                    |
          |                |     |Thurmond, Ting, Wilk, |                    |
          |                |     |Williams              |                    |








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          SUMMARY: Specifically, this bill provides the California State  
          University (CSU) with greater flexibility to invest funds under  
          its control.


          1)Allows CSU to invest up to 30% of specified funds, including  
            money from publications, contracts and tuition, in a broader  
            array of investment options than current statute allows.  CSU  
            would be allowed to invest in mutual funds subject to  
            registration by, and under the regulatory authority of, the  
            United States Securities and Exchange Commission; or, in real  
            estate investment trusts.  Additional monies earned through  
            these investments would be used for capital outlay or deferred  
            maintenance projects.


          2)Establishes procedures for the CSU to follow regarding this  
            change, including requiring the CSU Board of Trustees to  
            establish a committee of advisors, including the State  
            Treasurer and independent investment experts, to help  
            determine appropriate investment opportunities.  CSU also  
            would be required to submit an annual report to the  
            Legislature and Department of Finance describing its  
            investment performance.  The bill includes a ramp-up period  
            through 2020 in which CSU is limited to specified amounts of  
            funding it can use to invest: $200 million in the first year,  
            $400 million in the second year, and $600 million in the third  
            year.  After June 30, 2020, it will be allowed to use up to  
            30% of specified funds for these purposes, which currently  
            could amount to about $1 billion. 


          3)Includes language stating that CSU will not seek additional  
            funding from the state or students should it incur losses  








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            related to these investments.


          EXISTING LAW:  CSU's authority to invest funds under its control  
          is governed by Education Code Sections 89724(a) and 89725, and  
          Government Code Section 16430.  These statutes limit CSU's  
          investment authority to fixed income securities that generate  
          relatively low returns


          COMMENTS:  CSU notes that its current investment pool, with  
          investment assets totaling $3.2 billion, has recorded returns of  
          0.71%, 0.66%, and 1.38%, for the trailing 12 months, five years  
          and eight years (when the pool was created.)  CSU also notes  
          that the University of California (UC), which does not have the  
          same statutory limitations as it faces, has created an  
          investment pool with much higher returns.


          CSU is seeking somewhat similar investment authority to UC.   
          This bill would allow CSU to invest in a broader array of funds,  
          allowing CSU to earn more revenue, which it would then use for  
          capital outlay and deferred maintenance projects.  CSU is  
          seeking these changes as a way to generate more revenue for  
          badly-needed infrastructure issues.




          Analysis Prepared by:                                             
          Mark Martin / BUDGET /916-319-2099  FN: 0001776
















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