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SCA-12 University of California: California residents.(2015-2016)

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SCA12:v98#DOCUMENT

Amended  IN  Senate  April 13, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Constitutional Amendment No. 12


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   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.