Bill Text: CA SCA1 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: University of California: terms of regents.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2016-11-30 - Died on the inactive file. [SCA1 Detail]

Download: California-2015-SCA1-Amended.html

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BILL NUMBER: SCA 1	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 10, 2016

INTRODUCED BY   Senators Lara and Cannella
   (Coauthor: Senator Anderson)

                        DECEMBER 4, 2014

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by  amending,
repealing, and adding   amending  Section 9 of
Article IX thereof, relating to the University of California.


	LEGISLATIVE COUNSEL'S DIGEST


   SCA 1, as amended, Lara. University of California: 
legislative control.   terms of regents. 
   Existing provisions of the California Constitution provide that
the University of California constitutes a public trust, and require
the university to be administered by the Regents of the University of
California, a corporation in the form of a board, with full powers
of organization and government, subject to legislative control only
for specified purposes.  These provisions require that
corporation to have all powers necessary or convenient for the
effective administration of its trust.  
   This measure would repeal on January 1, 2017, the constitutional
provisions relating to the university and the regents, and would
require the university and the regents to be continued in existence
subject to legislative control as may be provided by statute. The
measure would require the Legislature to enact legislation to
implement these provisions, but would prohibit the Legislature from
enacting any law that restrains academic freedom, as defined, or
imposes educational or curricular requirements on students enrolled
at the University of California. The measure would also require the
University of California to focus its recruitment efforts on the
enrollment of California residents as students of the university.
 
   Existing provisions of the California Constitution provide that
the regents consist of 7 ex officio members, and 18 members appointed
by the Governor and approved by the Senate, a majority of the
membership concurring, for 12-year terms. The California Constitution
authorizes the board of regents to appoint a student or faculty
member of the university, or both, to the board, as specified. 

   This measure would, for regents appointed by the Governor for
terms commencing on or after March 1, 2017, make the duration of a
term 4 years. The measure also would, commencing November 9, 2016,
prohibit a person from being appointed for a term that would result
in that person serving a total of more than 16 years as a regent,
exclusive of service as a student or faculty regent. The measure
would specify limits on the periods of service of appointive regents
whose service on the board began before November 9, 2016, and who, as
of January 1, 2017, have served as regents for more than 4 years.

   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.



   Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2015-16 Regular Session
commencing on the first day of December 2014, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows: 
  First--    That Section 9 of Article IX thereof is
amended to read:
      SEC. 9.  (a) The 
     That Section 9 of Article IX thereof is amended to read:

       SEC. 9.   (a)     The 
University of California shall constitute a public trust, to be
administered by the existing corporation known as "The Regents of the
University of California," with full powers of organization and
government, subject only to that legislative control as may be
necessary to ensure the security of its funds and compliance with the
terms of the endowments of the university and competitive bidding
procedures as may be made applicable to the university by statute for
the letting of construction contracts, sales of real property, and
purchasing of materials, goods, and services. The corporation shall
be in form a board composed of seven ex officio members, which shall
be: the Governor, the Lieutenant Governor, the Speaker of the
Assembly, the Superintendent of Public Instruction, the president and
the vice president of the alumni association of the university, and
the acting president of the university, and 18 appointive members
appointed by the Governor and approved by the Senate, a majority of
the membership concurring.
   (b)  (1)    The terms of the members appointed
prior to November 5, 1974, shall be 16 years; the terms of two
appointive members to expire as heretofore on March 1 of every
even-numbered calendar year, and two members shall be appointed for
terms commencing on March 1, 1976, and on March 1 of each year
thereafter; provided that no such appointments shall be made for
terms to commence on March 1, 1979, or on March 1 of each fourth year
thereafter, to the end that no appointment to the regents for a
newly commencing term shall be made during the first year of any
gubernatorial term of office.  The   Except as
set forth in paragraph (2), the  terms of the members appointed
for terms commencing on and after March 1, 1976, shall be 12 years.

   (2) (A) Except as set forth in subparagraph (B) or (C):  

   (i) The terms of the members appointed for terms commencing on or
after March 1, 2017, shall be four years.  
   (ii) Commencing November 9, 2016, a person shall not be appointed
for a term set forth in this paragraph, or set forth in paragraph (1)
or (3), if the appointment would result in that person serving a
total of more than 16 years as a regent, exclusive of any time served
pursuant to subdivision (c).  
   (B) A member appointed before November 9, 2016, who, as of January
1, 2017, has served as a regent for 15 or more years may continue to
serve until the expiration of his or her term or until January 1,
2018, whichever is earlier, at which time the person shall cease to
be a regent and the Governor may appoint a new member pursuant to
subparagraph (A).  
   (C) A member appointed before November 9, 2016, who, as of January
1, 2017, has served as a regent for more than four years, but less
than 15 years, may continue to serve until the expiration of his or
her term or until his or her service totals 16 years, whichever is
earlier, at which time the person shall cease to be a regent and the
Governor may appoint a member pursuant to subparagraph (A). 

   In 
    (3)     In  case of any vacancy, the
term of office of the appointee to fill  such  
that  vacancy, who shall be appointed by the Governor and
approved by the Senate, a majority of the membership concurring,
shall be for the balance of the term for which that vacancy exists.
   (c) The members of the board may, in their discretion, following
procedures established by them and after consultation with
representatives of faculty and students of the university, including
appropriate officers of the academic senate and student governments,
appoint to the board either or both of the following persons as
members with all rights of participation: a member of the faculty at
a campus of the university or of another institution of higher
education; a person enrolled as a student at a campus of the
university for each regular academic term during his or her service
as a member of the board. Any person so appointed shall serve for not
less than one year commencing on July 1.
   (d) Regents shall be able persons broadly reflective of the
economic, cultural, and social diversity of the State, including
ethnic minorities and women. However, it is not intended that
formulas or specific ratios be applied in the selection of regents.
   (e) In the selection of the regents, the Governor shall consult an
advisory committee composed as follows: The Speaker of the Assembly
and two public members appointed by the Speaker, the President pro
Tempore of the Senate and two public members appointed by the Senate
Committee on Rules, two public members appointed by the Governor, the
chairperson of the regents of the university, an alumnus of the
university chosen by the alumni association of the university, a
student of the university chosen by the Council of Student Body
Presidents, and a member of the faculty of the university chosen by
the academic senate of the university. Public members shall serve for
four years, except that one each of the initially appointed members
selected by the Speaker of the Assembly, the President pro Tempore of
the Senate, and the Governor shall be appointed to serve for two
years; student, alumni, and faculty members shall serve for one year
and may not be regents of the university at the time of their service
on the advisory committee.
   (f) The Regents of the University of California shall be vested
with the legal title and the management and disposition of the
property of the university and of property held for its benefit, and
shall have the power to take and hold, either by purchase or by
donation, or gift, testamentary or otherwise, or in any other manner,
without restriction, all real and personal property for the benefit
of the university or incidentally to its conduct. However, sales of
university real property shall be subject to competitive bidding
procedures that may be provided by statute. The corporation shall
also have all the powers necessary or convenient for the effective
administration of its trust, including the power to sue and to be
sued, to use a seal, and to delegate to its committees or to the
faculty of the university, or to others, the authority or functions
as it may deem wise. The regents shall receive all funds derived from
the sale of lands pursuant to the act of Congress of July 2, 1862,
and any subsequent acts amendatory thereof. The university shall be
entirely independent of all political or sectarian influence and kept
free therefrom in the appointment of its regents and in the
administration of its affairs, and no person shall be debarred
admission to any department of the university on account of race,
religion, ethnic heritage, or sex.
   (g) Meetings of the Regents of the University of California shall
be public, with exceptions and notice requirements as may be provided
by statute. 
   (h) This section shall become inoperative on January 1, 2017, and
as of that date is repealed.  
  Second--    That Section 9 is added to Article IX
thereof, to read:
      SEC. 9.  (a) The University of California is hereby continued
in existence in the state government, and is subject to legislative
control as may be provided by statute.
   (b) The University of California shall be administered by the
existing corporation known as "The Regents of the University of
California," which is hereby continued in existence in the state
government, and is subject to legislative control as may be provided
by statute.
   (c)  (1) The Legislature shall enact legislation to implement this
section.
   (2) Notwithstanding subdivisions (a) and (b), or any other
provision of this Constitution, the Legislature shall not enact any
law that restrains academic freedom within the University of
California or imposes educational or curricular requirements on
students enrolled at the University of California.
   (3) As used in this subdivision, "academic freedom" means the
freedom to discuss all relevant matters in the classroom, to explore
all avenues of scholarship, research, and creative expression, and to
speak or write without institutional discipline or restraint on
matters of public concern as well as matters related to professional
duties of faculty and staff and the functioning of the university.
   (d) The University of California shall focus its recruitment
efforts on the enrollment of California residents as students of the
university.
   (e) This section shall become operative on January 1, 2017.