Resolution Chapter 85
Senate Constitutional Amendment No. 45--A resolution to propose to the people of the State of California an amendment to the
Constitution of the state, by amending subdivision (a) of, and by amending and renumbering subdivision (b) of, Section 9 of
Article IX thereof, relating to the University of California.
[Filed with Secretary of State June 28, 1974.]
Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 1973-74 Regular Session commencing on the eighth day of January,
1973, two-thirds of the members elected to each of the two houses of the Legislature voting therefor, hereby proposes to the
people of the State of California that the Constitution of the state be amended as follows:
First--That subdivision (a) of Section 9 of Article IX is amended to read:
- (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 such legislative
control as may be necessary to insure compliance with the terms of the endowments of the university and the security of its
funds. Said corporation shall be in form a board composed of seven ex officio members, to wit: 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; provided, however that the present appointive
members shall hold office until the expiration of their present terms.
- (b) 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 1st 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. 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 preceding paragraph.
- In case of any vacancy, the term of office of the appointee to fill
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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 such 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 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 Rules Committee of the Senate, two public members appointed by the Governor, the chairman 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. Said 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 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
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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
Second That subdivision (b) of Section 9 of Article IX is amended and renumbered to read:
(g) Meetings of the Regents of the University of California shall be public, with exceptions and notice requirements as may
be provided by statute.