Bill Text: CA SCA1 | 2015-2016 | Regular Session | Amended
Bill Title: University of California: terms of regents.
Sponsorship: 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
BILL NUMBER: SCA 1 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 19, 2016
AMENDED IN SENATE MAY 5, 2016
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 Section 9
of Article IX thereof, relating to the University of California.
LEGISLATIVE COUNSEL'S DIGEST
SCA 1, as amended, Lara. University of California: 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.
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 prohibit reduce the
terms of regents appointed by the Governor for terms commencing
on or after the effective date of the measure to 10 years, and
would prohibit these regents from serving more than
one term 2 terms on the board
board, as specified . The measure would provide that
regents serving on the board on the effective date of the measure
who had served more than one term, as specified, could
continue to serve until the expiration of their terms and,
if they had served less than 12 years on the board as of that date,
would make these members terms, but would not be
eligible for reappointment to the board. The measure would also
provide that regents serving in their first terms on the board on the
effective date of the measure, as specified, would be eligible
for reappointment to the board for no more than one additional term.
The
Notwithstanding the provisions of the measure described
above, the measure would also make a member
appointed to fill a vacancy on the board on or after the
effective date of the measure eligible for reappointment
only if the balance of the term for which he or she has been
appointed to fill the vacancy is less than 6 years.
to the board for no more than one term .
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 Except as set forth in paragraphs (2) and (3), 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 paragraph (3), no
The terms of members appointed for terms commencing on
or after the effective date of the measure that adds this paragr
aph shall be 10 years. No member appointed on or
after the effective date of the measure that adds this paragraph
shall serve more than one term two terms
on the board.
(B) A member appointed before the effective date of the measure
that adds this paragraph who, as of that date, has served as a regent
for 12 or more years, more than one term,
may continue to serve until the expiration of his or her term,
but shall not be eligible for reappointment to the board.
(C) A member appointed before the effective date of the measure
that adds this paragraph, paragraph
who, as of on that date, has
served as a regent for less than 12 years, is serving
in his or her first term as a regent, may continue to serve
until the expiration of his or her term, and shall be eligible for
reappointment to the board for no more than one additional term.
(3) In Notwithstanding paragraph (2), in
case of any vacancy, the term of office of the appointee to
fill 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. A
member who has been appointed pursuant to this paragraph on
or after the effective date of the measure that adds paragraph (2)
shall be eligible for reappointment to the board,
board for no more than one term, only
if the balance of the term for which he or she has been appointed to
fill the vacancy is less than six years. term.
(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
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.
