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ACA-10 University of California: tuition and fee increases.(2021-2022)

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ACA10:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Constitutional Amendment
No. 10

Introduced by Assembly Member Valladares

August 16, 2021

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


ACA 10, as introduced, Valladares. University of California: tuition and fee increases.
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 grant the regents all the powers necessary or convenient for the effective administration of its trust.
This measure would prohibit the regents from increasing the total amount of tuition and mandatory systemwide fees charged to students of the university above those in effect as of June 15, 2021, until the 2027–28 academic year. Commencing with the 2027–28 academic year, the measure would require any increase in the total amount of tuition and mandatory systemwide fees charged to students for an upcoming academic year to be approved by the regents before June 15 preceding the academic year to which the increase would apply.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2021–22 Regular Session commencing on the seventh day of December 2020, 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) (1) 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 such that legislative control as may be necessary to insure ensure the security of its funds and compliance with the terms of the endowments of the university and such those 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. Said The corporation shall be in the form of 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 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; provided, however that the present appointive members shall hold office until the expiration of their present terms. concurring.
(2) Notwithstanding paragraph (1), the regents shall not increase the total amount of tuition and mandatory systemwide fees charged to students of the university above those in effect as of June 15, 2021, until the 2027–28 academic year. Commencing with the 2027–28 academic year, any increase in the total amount of tuition and mandatory systemwide fees charged to students for an upcoming academic year shall be approved by the regents before June 15 preceding the academic year to which the increase would apply.
(b) (1) The terms of the members appointed prior to before November 5, 1974, shall be 16 years; the years. The terms of two appointive members to expire as heretofore shall expire on March 1st 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 thereafter. However, none of these 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. During the period of transition until the time when the appointive membership is comprised exclusively of persons serving for terms of 12 years, the total number of appointive members may exceed the numbers specified in the preceeding paragraph.

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(2) In case of any vacancy, the term of office of the appointee to fill such vacancy, who a vacancy in an appointed office, a person 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 such 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 the student’s 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, 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 pro Tempore of the Senate and two public members appointed by the Rules Committee of the Senate, Senate Committee on Rules, two public members appointed by the Governor, the chairman chairperson of the regents of the university, regents, an alumnus alum of the university chosen by the alumni association of the university, a student of the university chosen by the Council of Student Body Presidents, Presidents or its successor, 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 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 regents 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 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; provided, however, that conduct. However, sales of university real property shall be subject to such those competitive bidding procedures as may be provided by statute. Said 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, such the authority or functions as it may deem that it deems wise. The Regents 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 a person shall not 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 regents shall be public, with exceptions and notice requirements as may be provided by statute.