Bill Text: CA SCA12 | 2015-2016 | Regular Session | Amended

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Bill Title: University of California: California residents.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SCA12 Detail]

Download: California-2015-SCA12-Amended.html

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BILL NUMBER: SCA 12	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2016

INTRODUCED BY    Senator   Runner 
 Senators   Runner   and Huff 
   (Coauthor: Senator Cannella)

                        FEBRUARY 19, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   SCA 12, as amended, Runner. University of California: 
students.   California residents. 
   Existing provisions of the California Constitution provide that
the University of California constitutes a public trust, and require
that the university 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 the powers necessary or convenient for the effective
administration of its trust.
   This measure would require the regents  to act in the best
interests of the people of California and  to honor  a
  their  fiduciary duty to California residents who
aspire to attend the University of  California. The measure
would require the regents to ensure that specified data about
in-state students, out-of-state students, and international students
is reported, as specified, no later than July 1, 2017, by all
University of California campuses on their Internet Web sites or
using a successor technology. The measure would require the average
statistical profiles of out-of-state and international freshman
students enrolled at each campus of the university to be no lower
than the average statistical profiles of in-state freshman students.
The measure would authorize statutory implementation of the duty of
the regents to report information to the public under this measure to
maximize transparency and ensure compliance.  
California by ensuring that priority in admissions is given to
applicants who are California residents. 
   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:
    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 terms
of the members appointed for terms commencing on and after March 1,
1976, shall be 12 years.
   (2) In case of any vacancy, the term of office of the appointee to
fill such 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)  (1)    As administrators of
a public trust, the regents shall act in the best interests of the
people of  California, and   California. The
regents  shall honor  a   their 
fiduciary duty to California residents who aspire to take advantage
of the University of California's promise of a high-quality college
 education.   education by ensuring that
priority in admissions is given to applicants who are California
residents.  
   (2) No later than July 1, 2017, the regents shall ensure that all
campuses of the University of California report, on their Internet
Web sites, or report using a successor technology, uniform
application, admission, and freshman class profiles including, but
not necessarily limited to, all standardized test scores and
grade-point averages presented in the same statistical format
employed pursuant to the Common Data Set Initiative or a successor
database. Separate uniform statistical profiles shall be reported for
California students, out-of-state students, and international
students enrolled at each campus.  
   (3) The average statistical profile of out-of-state and
international freshman students enrolled at each campus of the
University of California shall be no lower than the average
statistical profile of in-state freshman students at that campus.
 
   (4) The information required to be reported under paragraph (2)
shall be updated on at least an annual basis.  
   (5) Notwithstanding subdivision (a), the duty of the regents to
report information to the public under this subdivision shall be
self-executing, but subject to statutory implementation and audit
requirements to maximize transparency and ensure compliance.