BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 190|
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UNFINISHED BUSINESS
Bill No: SB 190
Author: Yee (D), et al
Amended: 8/30/07
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
SENATE FLOOR : 39-0, 4/26/07 (Consent)
AYES: Aanestad, Ackerman, Alquist, Ashburn, Calderon,
Cedillo, Cogdill, Corbett, Correa, Cox, Denham, Ducheny,
Dutton, Florez, Harman, Hollingsworth, Kehoe, Kuehl,
Lowenthal, Machado, Maldonado, Margett, McClintock,
Migden, Negrete McLeod, Oropeza, Padilla, Perata,
Ridley-Thomas, Romero, Runner, Scott, Simitian,
Steinberg, Torlakson, Vincent, Wiggins, Wyland, Yee
NO VOTE RECORDED: Battin
ASSEMBLY FLOOR : 75-0, 9/4/07 - See last page for vote
SUBJECT : Higher Education Governance Accountability Act
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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
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.
Assembly Amendments (1) name the bill the "Higher Education
Governance Accountability Act", (2) delete provisions
pertaining to CSU advisory and other group meetings,
narrowing the provisions to pertain only to executive
compensation related meetings, and (3) rewrite and clarify
UC provisions relating to advisory and other group
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.
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Existing law authorizes the Regents of the 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
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 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.
2.Requires discussions of and action on executive
compensation programs and policies to occur in open
session.
3.Defines compensation to include salary, benefits,
perquisites, severance payments, retirement benefits, or
any other form of compensation.
University of California
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This bill:
4.Subjects advisory groups, study groups, or task forces
created by the U.C. Regents, as specified, and with a
continuing subject matter jurisdiction in the area of
compensation to the Bagley-Keene Act.
5.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.
6.Requires discussion of and action on executive
compensation programs and policies to occur in open
session.
7.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
-- Unknown, based on amendments of 8/30/07 --
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 than closed, meetings.
SUPPORT : (Verified 4/24/07)(Unable to reverify)
California Newspaper Publishers Association (co-source)
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American Federation of State, County, and Municipal
Employees (co-
source)
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
ARGUMENTS IN OPPOSITION :
ASSEMBLY FLOOR :
AYES: Adams, Aghazarian, Anderson, Arambula, Bass, Beall,
Benoit, Berg, Berryhill, Blakeslee, Brownley, Caballero,
Carter, Cook, Coto, Davis, De La Torre, De Leon,
DeSaulnier, DeVore, Duvall, Emmerson, Eng, Evans, Feuer,
Fuentes, Fuller, Gaines, Galgiani, Garcia, Garrick,
Hancock, Hayashi, Hernandez, Horton, Houston, Huff,
Huffman, Jeffries, Jones, Karnette, Keene, Krekorian, La
Malfa, Laird, Leno, Levine, Lieber, Lieu, Ma, Maze,
Mendoza, Mullin, Nakanishi, Nava, Niello, Parra, Plescia,
Portantino, Price, Sharon Runner, Ruskin, Salas, Saldana,
Silva, Solorio, Soto, Spitzer, Swanson, Torrico, Tran,
Villines, Walters, Wolk, Nunez
NO VOTE RECORDED: Charles Calderon, Dymally, Richardson,
Smyth, Strickland
NC:nl 9/5/07 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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