BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 190|
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THIRD READING
Bill No: SB 190
Author: Yee (D)
Amended: 3/29/07
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 3/28/07
AYES: Scott, Wyland, Alquist, Denham, Padilla, Romero,
Simitian, Torlakson
NO VOTE RECORDED: Maldonado
SENATE JUDICIARY COMMITTEE : 5-0, 4/10/07
AYES: Corbett, Harman, Ackerman, Kuehl, Steinberg
SENATE APPROPRIATIONS COMMITTEE : 17-0, 4/23/07
AYES: Torlakson, Cox, Aanestad, Ashburn, Battin, Calderon,
Cedillo, Corbett, Correa, Dutton, Florez, Kuehl, Oropeza,
Ridley-Thomas, Runner, Wyland, Yee
SUBJECT : Public postsecondary education: executive
compensation
SOURCE : California Newspaper Publishers Association
American Federation of State, County, and
Municipal
Employees
AFSCME Local 3299
California Faculty Association
DIGEST : This bill modifies current law governing the
meetings of the Regents of the University of California and
CONTINUED
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the California State University Board of Trustees and
clarifies the requirements for meetings that must be open
and public. This bill requires that actions on executive
compensation, as specified, occur in open, public meetings.
ANALYSIS : Existing Law, the Bagley-Keene Open Meeting
Act, requires meetings of state bodies, including the
California State University (CSU), to be open and public.
The Act requires state bodies to publish a specific agenda
and notice of each meeting at least 10 days in advance of
the meeting. Under this Act, a congregation of a majority
of members of a state body at the same time and place to
hear, discuss, or deliberate upon any item that is within
the subject matter jurisdiction of the body constitutes a
meeting that must be open and noticed. The Bagley-Keene
Act requires meetings of advisory committees to be open and
noticed only if the committees consist of three or more
persons and are created by formal action of the body or any
member of the body.
Existing law requires all meetings of the Regents of the
University of California (UC) and its standing and special
committees or subcommittees to be subject to the
Bagley-Keene Act.
Existing law authorizes the Regents of the University of
California (UC) to hold special meetings and to meet in
closed session to consider or discuss specified matters
including matters of national security, gifts and bequests,
and matters involving the acquisition or disposition of
property. Current law also authorizes the Regents to
discuss in closed session, matters concerning the
appointment, employment, performance, compensation, or
dismissal of university employees.
Existing law requires action by the Regents on compensation
proposals of principal officers of the Regents or the
University to be taken only in open session.
In response to media reports concerning the compensation of
executives at the UC, the Senate Education Committee held
two informational hearings in 2006 on executive
compensation practices of the UC. A university appointed
task force report and independent audit provided additional
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information regarding UC compensation practices and
policies. On March 21, 2007, this Committee held a
follow-up informational hearing on this same topic for both
UC and CSU.
California State University
This bill:
1.Requires all meetings of the Board of Trustees of the CSU
and its standing and special committees or subcommittees
to be subject to the Bagley-Keene Act.
2.Requires advisory groups, study groups, or task forces
(excluding search and selection committees) that include
at least one regent that advise the Trustees or the
office of the Chancellor and have continuing jurisdiction
or meetings and are created by the Trustees or the office
of the President to be subject to the Bagley-Keene Act.
3.Excludes advisory groups constituted for the recruitment
of executives and trustees and those appointed to advise
and assist the Chancellor in contract negotiations from
open meeting requirements.
4.Requires action taken by a subcommittee and final action
taken by the Trustees on executive compensation proposals
for specified executive positions to occur in open
session; requires full disclosure and rationale for each
compensation package; and requires the Trustees to afford
members of the public opportunity to comment.
5.Requires discussions of and action on executive
compensation programs and policies to occur in open
session.
6.Defines compensation to include salary, benefits,
perquisites, severance payments, retirement benefits, or
any other form of compensation.
University of California
This bill:
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8. Requires advisory groups, study groups, or task forces
(excluding search and selection committees) that include
at least one regent that advise the Regents or the
office of the President and have continuing jurisdiction
or meetings and are created by the Regents or the office
of the President to be subject to the Bagley-Keene Act.
9. Requires action taken by a subcommittee and final action
taken by the Regents on executive compensation proposals
for specified executive positions to occur in open
session; requires full disclosure and rationale for each
compensation package; and requires the Regents to afford
members of the public opportunity to comment.
10. Requires discussion of and action on executive
compensation programs and policies to occur in open
session.
11. Defines compensation to include salary, benefits,
perquisites, severance payments, retirement benefits, or
any other form of compensation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09 2009-10
Fund
CSU $20-$40 annually General
UC $35 annually General
The costs of this bill pertain to the additional
administrative and reporting costs of holding a greater
number of open, rather that closed, meetings.
SUPPORT : (Verified 4/24/07)
California Newspaper Publishers Association (co-source)
American Federation of State, County, and Municipal
Employees (co-
source)
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AFSCME Local 3299 (co-source)
California Faculty Association (co-source)
Associated Students of the University of California Davis
California Family Council
California Federation of Teachers
California Labor Federation
California Nurses Association
California State Employees Association
California Teachers Association
Californians Aware
Community College Association
Council of UC Faculty Associations
CSU Employees Union/SEIU 2579
Levy, Ram & Olson
San Francisco Labor Council
Service Employees International Union
State Employee's Trades Council
University of California Student Association
NC:nl 4/25/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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