text:
(a) It is the intent of the Legislature that no proposal relating to the salary, benefits, perquisites, severance payments (except those made in connection with a dismissal or a litigation settlement), or retirement benefits, or any other form of compensation paid to an officer of the University of California shall become effective unless both of the following occur:

(1) (A) Notice of the meeting at which the proposal is to be considered has been given to each regent.

(B) Information and materials regarding the proposal, including a full disclosure of the fiscal impact, have been made available to each regent in advance of the meeting at which the proposal is to be considered.

(C) The fact that the board of regents intends to vote on a proposal concerning the compensation of an officer has been displayed in the meeting notice made available to the public in accordance with the requirements of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 1 of the Government Code or, in the case of a special meeting, in accordance with subdivision (a) of Section 92032.

(D) The specific proposal has been made available, prior to the commencement of the open session of the regents at which adoption of the proposal is to be considered, to members of the public present at the open session. The proposal shall be acted upon by the regents as the final open session item for action.

(2) The proposal has been approved by the making of a motion and its adoption by a majority vote of the regents present at an open session. Nothing in this section shall preclude in open session the full discussion of the contents of the motion or the reasons why it should or should not be adopted.

(b) As used in this section, “officer” means each principal officer of the Regents of the University of California and the officers of the university, as listed in Figure 9 on page F-37 of the Analysis of the 1993–94 Budget Bill by the Legislative Analyst’s office.

history: (History: Added by Stats. 1993, Ch. 1290, Sec. 2. Effective January 1, 1994.)

title: 3. POSTSECONDARY EDUCATION

article: 3. Meetings of the Regents


kind: section

code: EDC

text: The Regents of the University of California shall provide a copy of this article and Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, to each regent upon his or her appointment to the board or assumption of the office of regent.

history: (History: Added by Stats. 1982, Ch. 1195, Sec. 4.)

division: 9. UNIVERSITY OF CALIFORNIA

part: 57. UNIVERSITY OF CALIFORNIA

title: 3. POSTSECONDARY EDUCATION

chapter: 1. General Provisions

article: 3. Meetings of the Regents

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 1. General Provisions > 3. Meetings of the Regents


text:
Notwithstanding any other provision of law, all of the following shall be indemnified from the state General Fund from all claims, demands, suits, actions, damages, judgments, costs, charges, and expenses, including court costs and attorney’s fees, and indemnified against all liability, losses, and damages of any nature whatsoever that these persons may at any time sustain by reason of any decision of the regents not to invest in any firm or firms with business operations in Sudan or with the Sudanese government:

(a) Any current or former members of the regents, jointly and individually.

(b) Any current or former officers or employees of the University of California.

(c) Any current or former investment managers under contract, or formerly under contract, with the University of California.

(d) Any current or former officers, directors, trustees, agents, or employees of any University of California foundation.

history: (History: Added by Stats. 2006, Ch. 441, Sec. 1. Effective January 1, 2007.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 1. General Provisions > 3.7. Indemnification of Regents, Officers, Employees, and Contractors


text: The Regents of the University of California may acquire by eminent domain any property necessary to carry out any of the powers or functions of the University of California.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 1. General Provisions > 4. Condemnation of Property by the Regents


text: The Regents of the University of California may include or cause to be included in a contract for a construction project for the University of California a provision establishing the time within which the whole or any specified portion of the work contemplated shall be completed. The provision may provide that for each day completion is delayed beyond the specified time, the contractor shall forfeit and pay to the Regents of the University of California a specified sum of money, to be deducted from any payments due or to become due to the contractor. The sum so specified is valid as liquidated damages unless manifestly unreasonable under the circumstances existing at the time the contract was made. A contract for such a project may also provide for the payment of extra compensation to the contractor, as a bonus for completion prior to the specified time. Such provisions, if used, shall be included in the specifications and shall clearly set forth the basis for such payments. Nothing in this section restricts the authority of the Regents of the University of California to include any other provision concerning liquidated damages in any contract for a construction project.

history: (History: Added by Stats. 1977, Ch. 198.)

title: 3. POSTSECONDARY EDUCATION

article: 5. Construction Contracts

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 1. General Provisions > 5. Construction Contracts


text: Any sum of money specifically appropriated to, or for the use of, or expenditure by, the Regents of the University of California, other than money appropriated by a state budget act for the general support of the University of California, may be withdrawn at any time in its entirety from the State Treasury, at the direction of the Regents of the University of California, upon a warrant payable to the treasurer of the Regents of the University of California.

title: 3. POSTSECONDARY EDUCATION

chapter: 2. Fiscal Treasury

article: 1. Withdrawal From the State Treasury

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 2. Fiscal Treasury > 1. Withdrawal From the State Treasury


text: The Regents of the University of California shall submit reports to the State Public Works Board of any allocations made by the Regents of the University of California pursuant to the provisions of this article.

title: 3. POSTSECONDARY EDUCATION

article: 1. Withdrawal From the State Treasury


text:
Notwithstanding any other provision of law, the portion of each sum of money which has been or is appropriated or allocated to the Regents of the University of California for capital outlay which remains after the purpose for which each sum was appropriated or allocated has been accomplished, and which has been or is withdrawn from the State Treasury by the Regents of the University of California pursuant to the provisions of Section 92100, together with increments, by way of interest or otherwise, on the appropriation or allocation, shall be used and expended by the Regents of the University of California in executing and furthering the building and improvement program of the University of California.

These sums shall not be allocated by the Regents of the University of California to projects for the purpose of augmenting a project without prior approval of the State Public Works Board of the requested augmentation.

Each sum shall be available for expenditure in payment of any encumbrances incurred without regard to fiscal years. However, any unencumbered balances existing as of the date on which each appropriation or allocation otherwise would lapse shall then revert to the General Fund.

history: (History: Added by Stats. 1983, Ch. 323, Sec. 30. Effective July 1, 1983.)

title: 3. POSTSECONDARY EDUCATION

article: 1. Withdrawal From the State Treasury


text: Whenever the state is the owner of any property sold for taxes and the deed to the state has been filed with the Controller, and there appears of record a mortgage upon the property to the Regents of the University of California, and the mortgage and the debt secured by the mortgage have not been both paid in full and satisfied of record, the Controller, upon receiving proof, by affidavit of the president and secretary, or acting secretary or of the treasurer of the regents, that the debt secured by the mortgage has not been fully paid, shall direct the tax collector of the county or city and county in which the lands are situated, to execute a deed of the lands in the name of the state to the Regents of the University of California.

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 2. Fiscal Treasury > 2. Transfer of Land Acquired by Tax Sales to the University


text: The tax collector shall thereupon publish a notice once a week for at least three successive weeks in some newspaper published in the county or city and county in which the lands are situated, or if there is no newspaper published therein, then the tax collector shall post a notice in three conspicuous places in the county or city and county at least three weeks before the day named in the notice.

title: 3. POSTSECONDARY EDUCATION

article: 2. Transfer of Land Acquired by Tax Sales to the University


text: The notice shall state that on or after a day mentioned, which shall be not less than four weeks, and not more than eight weeks after the first publication or posting of the notice, the tax collector will execute and deliver to the Regents of the University of California a deed to the property, and shall describe the property and shall state that the deed will be made because of a sale of the property to the state for delinquent taxes, and because the Regents of the University of California are interested in the property. No other matters need be contained in the notice. One or more pieces of land may be described in the affidavit, notice, deed, and report provided for in this article.

title: 3. POSTSECONDARY EDUCATION


text: Unless prior to the day mentioned in the notice, there is paid to the tax collector (a) the full amount for which the property was sold to the state, together with all interest and penalties thereon and all expenses and costs connected therewith, and (b) all subsequent state and county taxes not theretofore paid in full, and all interest and penalties thereon, and all costs and expenses connected therewith, and also (c) the expense of publishing or posting the notice, as the case may be, the tax collector shall on the day, or within 10 days thereafter, execute, acknowledge, and deliver a deed to the regents without any payment, charge, or fee therefor, and shall within five days thereafter report in writing to the Controller the fact of the execution of the deed.

title: 3. POSTSECONDARY EDUCATION


text: The expense of the publication and posting shall be paid by the Regents of the University of California, unless the expense is paid to the tax collector prior to the day mentioned in the notice.

title: 3. POSTSECONDARY EDUCATION


text: If the notice describes two or more pieces of land assessed separately and sold separately to the state, and if all the payments are made within the time prescribed in respect to any one of the pieces separately assessed and sold, the piece paid upon shall not be included in the deed, and the fact of the payment and the amount paid shall be stated in the report to the Controller.

title: 3. POSTSECONDARY EDUCATION


text: The deed shall transfer, grant, convey, and confirm to the Regents of the University of California the entire title to the lands, free and clear of all claims and incumbrances whatsoever. Nothing contained in this article shall be held to interfere with the right of the regents to enforce the mortgage or the payment of the debt secured thereby, or to procure a decree of foreclosure and a sale under the decree of all or any of the property described in the mortgage.

title: 3. POSTSECONDARY EDUCATION


text: The deed shall recite the facts provided in this article as authorizing its execution and is prima facie evidence of the facts and of all matters therein recited and of the ownership of the lands by the regents.

title: 3. POSTSECONDARY EDUCATION


text: The deed may be recorded in the office of the county recorder of the county or city and county in which the lands are situated, and upon the expiration of two years after it has been recorded, shall, except as against parties deriving title through a sale and purchase under decree of foreclosure of the mortgage, be conclusive evidence that the complete fee simple title to the property therein described vested at the date of the deed in the Regents of the University of California, free and clear of all claims, liens, charges, and incumbrances whatsoever.

title: 3. POSTSECONDARY EDUCATION


text: In any action commenced against the regents before the expiration of two years to question the title of the regents to the property, the deed is prima facie evidence only.

title: 3. POSTSECONDARY EDUCATION


text: While any mortgage to the regents appears of record and not satisfied of record, no lands which have been sold to the state for taxes and the deed to which has been filed with the Controller, shall be sold or disposed of, except as provided in this article.

title: 3. POSTSECONDARY EDUCATION


text: All property of the University of California held in fee or otherwise for purposes of income may be insured against damage or loss.

title: 3. POSTSECONDARY EDUCATION

article: 3. Insurance

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 2. Fiscal Treasury > 3. Insurance


text: The state assents to the provisions of an act passed by Congress, entitled “An act to apply a portion of the proceeds of the Public Lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of Congress, approved July second, Eighteen Hundred and Sixty-two,” and approved August 30, 1890.

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 2. Fiscal Treasury > 4. Federal Funds for Education in Agriculture and Mechanical Arts


text:
The state assents to the provisions of an act passed by Congress known as the Smith-Lever Act, and entitled, “An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states receiving the benefits of an act of congress approved July 2, 1862, and of acts supplementary thereto, and the United States Department of Agriculture,” approved May 8, 1914.

The Regents of the University of California are authorized to receive the grants of money appropriated under the act of Congress and to organize and conduct agricultural extension work in accordance with the terms and conditions expressed in the act.

title: 3. POSTSECONDARY EDUCATION

article: 4. Federal Funds for Education in Agriculture and Mechanical Arts


text:
The state assents to the provisions of an act passed by Congress, entitled “An act to authorize a more complete endowment of agricultural experiment stations and for other purposes, approved February 24, 1925.”

The Regents of the University of California are authorized to receive grants of money authorized by the act for the benefit of the University of California Agricultural Experiment Station and to use the money in accordance with the terms and conditions expressed in the act of Congress.

title: 3. POSTSECONDARY EDUCATION


text:
The state assents to the provisions of an act passed by Congress known as the Capper-Ketcham Act and entitled “An act to provide for the further development of agricultural extension work between the agricultural colleges in the several States receiving the benefits of the act, entitled "An act donating public lands to the several States and territories which may provide colleges for the benefit of agriculture and the mechanical arts,’ approved July 2, 1862, and all acts supplementary thereto, and the United States Department of Agriculture,” and approved May 22, 1928.

The Regents of the University of California are authorized to receive the grant of money appropriated under the act of Congress, and to organize and conduct extension work in accordance with the terms and conditions expressed in the act.

title: 3. POSTSECONDARY EDUCATION


text:
The state assents to the provisions of an act, passed by Congress and entitled “An act to provide for research into basic laws and principles relating to agriculture and to provide for the further development of co-operative agricultural extension work and the more complete endowment and support of land-grant colleges,” approved June 29, 1935, Public Law No. 1827—74th Congress.

The Regents of the University of California are authorized to receive all grants of money appropriated under the act of Congress, and to apply, use, and expend the grants of money for the purposes and in accordance with the terms, conditions, and requirements set forth in the act.

title: 3. POSTSECONDARY EDUCATION


text: No state funds under the control of an officer or employee of the University of California shall ever be used for membership or for any participation involving a financial payment or contribution, on behalf of the university, or any individual employed by or associated therewith, in any private organization whose membership practices are discriminatory on the basis of the characteristics listed in Section 66270. This section does not apply to any public funds that have been paid to an individual employee or officer of the university as salary, or to any funds that are used directly or indirectly for the benefit of student organizations.

history: (History: Amended by Stats. 2007, Ch. 569, Sec. 56. Effective January 1, 2008.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 2. Fiscal Treasury > 5. Public Funds for Private Organizations


text:
The Legislature finds and declares all of the following:

(a) The San Joaquin Valley is the most populous region of the state without a University of California campus, and has one of the lowest rates of college participation of all regions in California. The San Joaquin Valley consists of the following counties: Alpine, Amador, Calaveras, Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Mono, San Joaquin, Stanislaus, Tulare, and Tuolumne.

(b) The San Joaquin Valley sends fewer than 5 percent of its high school graduates to the University of California, a smaller proportion than the statewide average of almost 8 percent of high school graduates who attend the university.

(c) Access to postsecondary education is determined, in significant measure, by a student’s proximity to college campuses.

(d) California’s economic, social, and cultural development depends upon popular access to an educational system that prepares all of the state’s inhabitants for responsible citizenship and meaningful careers in a multicultural democracy.

(e) The southern San Joaquin Valley is home to a large population of Chicano and Latino Californians, a group that has been historically underrepresented among the University of California student body.

(f) Current projections indicate that California must prepare to accommodate more than 700,000 additional students in its public postsecondary educational institutions within the next 12 years.

(g) In 1988, the Regents of the University of California adopted a long-range enrollment plan to expand the capacity of the university to accommodate an estimated 65,000 additional students by 2005.

(h) California has suffered a severe fiscal crisis that resulted in the underfunding of the University of California and the regents suspending actions and plans to construct additional campuses.

(i) The Legislature recognizes that long-term planning for California’s future higher education needs must continue despite the short-term scarcity of resources.

(j) The Legislature is committed to planning for expansion of its higher education system, with particular emphasis on quality undergraduate education, student and faculty diversity, improved transfer and retention programs, and effective accountability mechanisms.

(k) As evidenced by the adoption of House Resolution 24 and Senate Resolution 18, the Legislature is committed to providing financial support to the University of California for the purpose of meeting the increased need for higher education created by growth in the state’s population.

history: (History: Added by Stats. 1993, Ch. 567, Sec. 1. Effective September 28, 1993.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 2. Fiscal Treasury > 6. Construction of a San Joaquin Valley Campus


text:
(a) The University of California, San Francisco, San Joaquin Valley Regional Campus Medical Education Endowment Fund is hereby established in the State Treasury. Funds received by the University of California or the Controller, for the purposes set forth in subdivision (b), shall be deposited into the University of California, San Francisco, San Joaquin Valley Regional Campus Medical Education Endowment Fund. For purposes of this article, “endowment fund” means the University of California, San Francisco, San Joaquin Valley Regional Campus Medical Education Endowment Fund.

(b) Moneys in the endowment fund shall be allocated to the University of California, upon appropriation by the Legislature, to support the annual operating costs for the development, operation, and maintenance of a branch campus of the University of California, San Francisco, School of Medicine in the San Joaquin Valley, and to generate funding through investment earnings for the support of medical education in the San Joaquin Valley.

(c) (1) Moneys in the endowment fund shall initially be invested with the goal of achieving capital appreciation to create a balance sufficient to generate ongoing earnings to cover the estimated annual operating costs associated with the development, operation, and maintenance of a branch campus of the University of California, San Francisco, School of Medicine in the San Joaquin Valley. The balance of the endowment fund shall not be deemed sufficient until a balance of five hundred million dollars ($500,000,000) is achieved and maintained in the endowment fund.

(2) Upon the determination of the Controller, in consultation with the University of California, that the endowment fund balance has attained the goal established in paragraph (1), moneys in the endowment fund shall be invested to generate earnings to fund annual operating costs associated with the development, operation, and maintenance of a branch campus of the University of California, San Francisco, School of Medicine in the San Joaquin Valley. Moneys shall be invested in a manner that best meets the goals of the endowment fund.

(d) The endowment fund may receive donations and contributions from public and private entities, partnerships between public and private entities, fees, cash advances, and transfers from the General Fund as may be specified by law.

(e) Earnings generated by the endowment fund shall be retained by the endowment fund.

(f) Moneys deposited in the endowment fund are exempt from the requirements of Sections 11270 to 11275, inclusive, of the Government Code.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 100. (AB 991) Effective January 1, 2020.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 2. Fiscal Treasury > 6.5. The University of California, San Francisco, San Joaquin Valley Regional Campus Medical Education Endowment Fund


text:
(a) (1) Upon the determination of the Controller, in consultation with the University of California, that the endowment fund has adequate principal to annually yield sufficient investment earnings, from the date of determination, to cover the annual costs for the development, operation, and maintenance of a branch campus of the University of California, San Francisco, School of Medicine, supporting 50 students per class, or 200 students total, in the San Joaquin Valley over the next 10 years and to fund the estimated costs of obtaining approval and accreditation from the Liaison Committee on Medical Education, the University of California shall seek approval and accreditation from the Liaison Committee on Medical Education for an expanded branch campus of the University of California, San Francisco, School of Medicine in the San Joaquin Valley.

(2) The Controller, upon appropriation by the Legislature, shall transfer moneys from the endowment fund to the University of California, in an amount equal to the estimated costs of applying for and obtaining approval and accreditation from the Liaison Committee on Medical Education for a branch campus of the University of California, San Francisco, School of Medicine in the San Joaquin Valley.

(b) Any funds, public or private, allocated from the endowment fund, shall supplement, not supplant, the University of California budget allocations for any fiscal year.

history: (History: Added by Stats. 2018, Ch. 756, Sec. 2. (AB 2202) Effective January 1, 2019.)

title: 3. POSTSECONDARY EDUCATION

article: 6.5. The University of California, San Francisco, San Joaquin Valley Regional Campus Medical Education Endowment Fund


text: Nothing in this article shall require the University of California to take any action towards developing a branch campus of the University of California, San Francisco, School of Medicine in the San Joaquin Valley region unless the endowment fund has a balance of five hundred million dollars ($500,000,000) and the Controller, after consultation with the University of California, has determined that the funds to be allocated are sufficient to support annual operating expenses for a San Joaquin Valley branch campus of the University of California, San Francisco, School of Medicine supporting 50 students per class.

title: 3. POSTSECONDARY EDUCATION


text:
(a) The University of California Kern County Medical Education Endowment Fund is hereby established in the State Treasury. Funds received by the University of California or the Controller, for the purposes set forth in subdivision (b), shall be deposited into the University of California Kern County Medical Education Endowment Fund. For purposes of this article, “endowment fund” means the University of California Kern County Medical Education Endowment Fund.

(b) Moneys in the endowment fund shall be allocated to the University of California, upon appropriation by the Legislature, to support the annual operating costs for the development, operation, and maintenance of a branch campus of an existing University of California School of Medicine in the County of Kern, to conduct a feasibility study related to that branch campus, and to generate funding through investment earnings for the support of medical education in the San Joaquin Valley.

(c) (1) Moneys in the endowment fund shall initially be invested with the goal of achieving capital appreciation to create a balance sufficient to generate ongoing earnings to cover the estimated annual operating costs associated with the development, operation, and maintenance of a branch campus of an existing University of California School of Medicine in the County of Kern.

(2) Upon the determination of the Controller, in consultation with the University of California, that the endowment fund balance has attained the goal established in paragraph (1), moneys in the endowment fund shall be invested to generate earnings to fund annual operating costs associated with the development, operation, and maintenance of a branch campus of an existing University of California School of Medicine in the County of Kern. Moneys shall be invested in a manner that best meets the goals of the endowment fund.

(d) The endowment fund may receive donations and contributions from public and private entities, partnerships between public and private entities, fees, cash advances, and transfers from the General Fund as may be specified by law.

(e) Earnings generated by the endowment fund shall be retained by the endowment fund.

(f) Moneys deposited in the endowment fund are exempt from the requirements of Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Added by Stats. 2024, Ch. 959, Sec. 1. (AB 2357) Effective January 1, 2025.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 2. Fiscal Treasury > 6.6. The University of California Kern County Medical Education Endowment Fund


text:
(a) (1) Upon the determination of the Controller, in consultation with the University of California, that the endowment fund has adequate principal to annually yield sufficient investment earnings, from the date of determination, to cover the annual costs for the development, operation, and maintenance of a branch campus of an existing University of California School of Medicine in the County of Kern, the University of California shall seek approval and accreditation from the Liaison Committee on Medical Education for a branch campus of an existing University of California School of Medicine in the County of Kern.

(2) The Controller, upon appropriation by the Legislature, shall transfer moneys from the endowment fund to the University of California, in an amount equal to the estimated costs of applying for and obtaining approval and accreditation from the Liaison Committee on Medical Education for a branch campus of an existing University of California School of Medicine in the County of Kern.

(b) Any funds, public or private, received for or generated by the endowment fund shall supplement, not supplant, any current or future funding. Any funds allocated from the endowment fund shall supplement, not supplant, the University of California budget allocations for any fiscal year.

title: 3. POSTSECONDARY EDUCATION

article: 6.6. The University of California Kern County Medical Education Endowment Fund


text:
(a) (1) Moneys appropriated by the Legislature for purposes of this section in the annual Budget Act during the 2022–23 to 2024–25, inclusive, fiscal years to directly support one or both of the following at the University of California, Riverside, and the University of California, Merced, shall comply with the provisions of paragraph (2):

(A) Campus expansion projects, which may include, but are not limited to, related capital projects.

(B) University of California climate initiatives, which may include, but are not limited to, related capital projects.

(2) These funds shall supplement and not supplant any current or future funding.

(b) Projects that receive funding pursuant to subdivision (a) are a public work for which prevailing wages shall be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

(c) (1)   For projects that receive funding pursuant to subdivision (a), the University of California shall obtain an enforceable commitment from any contractor performing work in an apprenticeable occupation in the building and construction trades that the contractor and its subcontractors at every tier will individually use a skilled and trained workforce to complete the work.

(2) Paragraph (1) shall not apply if all contractors and subcontractors at every tier performing the work will be bound by a project labor agreement that requires the use of a skilled and trained workforce and provides for enforcement of that obligation through an arbitration procedure.

(3) For purposes of this subdivision, the following definitions apply:

(A) “Project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

(B) “Skilled and trained workforce” has the same meaning as set forth in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.

(d) The University of California may use moneys appropriated pursuant to subdivision (a) for capital outlay projects, as defined in subdivision (b) of Section 92494, only if, for any affected project, facility, building, or other property, the University of California complies with the requirements of subdivision (d) of Section 92495.

(e) Commencing July 1, 2023, the University of California shall submit an annual report to the Legislature, pursuant to Section 9795 of the Government Code, and the Department of Finance on the amount of moneys allocated pursuant to subdivision (a) to the University of California, Riverside, and the University of California, Merced, how these funds were used, and outcomes resulting from the use of these funds.

history: (History: Added by Stats. 2022, Ch. 526, Sec. 2. (AB 2046) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 2. Fiscal Treasury > 8. Campus Expansion Projects and Climate Initiatives


text:
(a) In compliance with the process described in subdivision (c), the law college founded in the City of San Francisco in 1878 shall be designated as the College of the Law, San Francisco.

(b) As requested by the Legislature, the college engaged in a consultative process with the Round Valley Indian Tribes, a federally recognized tribal government, and its designees of the Yuki Indian Committee.

(c) (1) A name change shall require all of the following:

(A) The Legislature requests that the Board of Directors of the law college founded in the City of San Francisco in 1878 engage in consultation with representatives of the Round Valley Indian Tribes, a federally recognized tribal government, and its designees of the Yuki Indian Committee.

(B) That full consultation with the Round Valley Indian Tribes, a federally recognized tribal government, and its designees of the Yuki Indian Committee approved by the Round Valley Tribes, has concluded.

(C) The Legislature requests that the Board of Directors of the college vote on replacement name names for the college. The Legislature requests that this vote be pursuant to consultation described in this subdivision. The Legislature requests that the Board of Directors of the college include the final vote in its minutes for the meeting in which the final vote occurs.

(D) After the board approves the replacement name pursuant to subparagraph (C), the Legislature requests that the Board of Directors of the college make a final recommendation to the Legislature.

(2) For purposes of this subdivision, “consultation” means the same as that term is defined in Section 65352.4 of the Government Code.

(d) The amendments to this section by the act that added this subdivision shall only become operative if funds are appropriated in the Budget Act of 2022 to the College of the Law, San Francisco for the purpose of designating a name for the law college founded in the City of San Francisco in 1878.

(e) The Legislature requests the Board of Directors of the college to adopt all of the following:

(1) Name the college’s campus library with an appropriate Yuki name or name determined by the Round Valley Indian Tribes.

(2) Ensure that the reading of an annual statement of the history of atrocities committed by S.C. Hastings against the Yuki people occurs at the start of both the convocation and commencement ceremonies, the college’s two signature annual ceremonies.

(3) Reengage in consultation with the Round Valley Indian Tribes if there is a change in the geographical name of the location of the college.

(4) Develop opportunities for collaboration between the college’s Moot Court and Trial Advocacy and Competition Groups programs with students of the Round Valley Indian Tribes to provide experience in debate and writing skills.

(5) Institute a moot court competition related to California’s treatment of Native Americans and atrocities committed against them.

history: (History: Amended by Stats. 2022, Ch. 478, Sec. 20. (AB 1936) Effective January 1, 2023. Conditionally operative as prescribed by its own provisions.)

title: 3. POSTSECONDARY EDUCATION

chapter: 3. Special Colleges

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 3. Special Colleges > 1 A. Law College Affiliated with the University of California


text: The college is affiliated with the University of California, and is the law department thereof.

title: 3. POSTSECONDARY EDUCATION

article: 1 A. Law College Affiliated with the University of California


text: The college shall afford facilities for the acquisition of legal learning in all branches of the law. To this end it shall establish a curriculum of studies and shall matriculate students who reside at the University of California or elsewhere in the state.

title: 3. POSTSECONDARY EDUCATION


text: The faculty of the University of California shall grant, and the president shall sign and issue, diplomas to the students of the college.

title: 3. POSTSECONDARY EDUCATION


text:
(a) The business of the college, which includes the power to incur indebtedness, shall be managed by the board of directors. A majority of directors then in office shall constitute a quorum for the transaction of all business. The directors shall serve without compensation.

(b) (1) Directors shall serve 12-year terms.

(2) Notwithstanding paragraph (1), any director in office on January 1, 2023, who was not appointed by the Governor shall be limited to a six-year term from January 1, 2023, to January 1, 2029, inclusive.

history: (History: Amended by Stats. 2022, Ch. 478, Sec. 21. (AB 1936) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION


text:
In the investment and management of endowment funds and properties under its jurisdiction, the Board of Directors of the college shall comply, to the extent practicable, with the endowment investment and management policies of the Regents of the University of California. Any variance from the endowment investment and management policies of the regents shall be presented to, and reviewed by, the board, which shall adopt a resolution specifying the reasons for the variance. In addition, the board shall comply with all of the following requirements:

(a) The use of funds shall be in accordance with the terms specified by the donor.

(b) Before the delegation of any authority to engage in making investments, reallocations, or reinvestments of endowment funds on its behalf, the board shall seek and review the written opinion of the general counsel regarding the propriety of the proposed action under the endowment investment and management policies of the Regents of the University of California then in effect.

(c) “Endowment fund” means a fund derived from a gift, bequest, or grant, the terms of which stipulate that the fund principal remain inviolate and that only the income may be expended.

(d) Annual audits shall be conducted by a certified public accountant firm in accordance with generally accepted auditing standards established by the American Institute of Certified Public Accountants.

history: (History: Amended by Stats. 2022, Ch. 478, Sec. 22. (AB 1936) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION


text: It is the intent of the Legislature that the Regents of the University of California provide for a review of the annual audits conducted pursuant to subdivision (d) of Section 92205 and annually report any violations revealed by these audits to the Board of Directors of the college to the appropriate fiscal and policy committees of the Legislature, and to the Legislative Analyst.

history: (History: Amended by Stats. 2022, Ch. 478, Sec. 23. (AB 1936) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION


text: Vacancies occurring in the board of directors shall be filled by the Governor and approved by the Senate, a majority of the membership concurring.

history: (History: Amended by Stats. 2022, Ch. 478, Sec. 24. (AB 1936) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION


text: The officers of the college are a dean, a registrar, and 11 directors. The dean and registrar shall be appointed by, and may be removed by the board of directors.

history: (History: Amended by Stats. 1980, Ch. 1155, Sec. 31.9.)

title: 3. POSTSECONDARY EDUCATION


text: The dean of the college is ex officio a member of the faculty of the University of California.

title: 3. POSTSECONDARY EDUCATION


text: Professorships may be established in the name of any founder who pays to the college the sum of one hundred thousand dollars ($100,000) or such greater sum as may be determined by the directors.

history: (History: Amended by Stats. 1980, Ch. 1155, Sec. 31.11.)

title: 3. POSTSECONDARY EDUCATION


text: The sum of 7 percent per annum upon one hundred thousand dollars ($100,000) shall be appropriated annually by the state and shall be paid in semiannual payments to the directors of the college.

title: 3. POSTSECONDARY EDUCATION


text: If the state fails to pay to the directors of the college the sum of seven thousand dollars ($7,000) annually, pursuant to Section 92211, or if the college ceases to exist, the state shall pay to the heirs or legal representatives of S. C. Hastings, the sum of one hundred thousand dollars ($100,000), and all unexpended accumulated interest, unless the failure is caused by mistake or accident, or the omission of the Legislature to make the appropriation at any one session.

title: 3. POSTSECONDARY EDUCATION


text: All courses by the college at Sacramento shall be deemed to be given at the site of the college in San Francisco.

title: 3. POSTSECONDARY EDUCATION


text:
The Director of General Services shall transfer the property located at 55 and 75 Hyde Street in the City and County of San Francisco to the University of California to be used for the benefit of the college for school purposes.

The university shall have the power to sell or lease the property to a nonprofit corporation in order to provide housing facilities for the students, faculty, and employees of the college.

If such property is sold, it shall be sold for its fair market value, with such valuation approved by the Department of Finance, and the proceeds of the sale shall be deposited in the General Fund. If such property is leased, the proceeds of the lease shall be deposited in the General Fund.

history: (History: Amended by Stats. 2022, Ch. 478, Sec. 25. (AB 1936) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION


text: The power to incur indebtedness pursuant to Section 92204 shall include, but is not limited to, the power to issue revenue bonds in the name of the Board of Directors of the college and as obligations of the Board of Directors of the college. Revenue bonds may be issued pursuant to the provisions of Chapter 5 (commencing with Section 92400) of Part 57 and, for such purposes, the Board of Directors of the college shall have the same powers to issue revenue bonds for the benefit of the college as are conferred upon the Regents of the University of California for the benefit of the University of California by Chapter 5 (commencing with Section 92400) of Part 57, and shall be subject to the limitations imposed therein. Any such bonds issued for the benefit of the Hastings College of the Law, before January 1, 2023, shall be issued in the name of Hastings College of the Law without using the name of the University of California. Any such bonds issued for the benefit of the college, on or after January 1, 2023, shall be issued in the name of the college.

history: (History: Amended by Stats. 2022, Ch. 478, Sec. 26. (AB 1936) Effective January 1, 2023.)

title: 3. POSTSECONDARY EDUCATION


text:
(a) The Regents of the University of California and any other public or private nonprofit agency may contract with the State Department of Education to establish and maintain a child development center on or near each campus of the university pursuant to Chapter 2 (commencing with Section 8200) of Part 6.

(b) Operating agencies may accept student fees, parent fees, and private funds to operate campus child development centers, and may be reimbursed for costs that are eligible pursuant to Section 8208.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 143. Effective January 1, 2007.)

title: 3. POSTSECONDARY EDUCATION

chapter: 4. Child Development Centers

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 4. Child Development Centers


text: Nothing in this chapter shall be construed to permit the regents to expend state funds appropriated for support of the University of California for the direct operating costs of campus child development centers.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

title: 3. POSTSECONDARY EDUCATION


text: Notwithstanding any other provision of law, children under two years of age whose parent or parents are students may attend child development centers consistent with the priorities established within this division.

title: 3. POSTSECONDARY EDUCATION


text:
Children of students of that particular campus shall have first priority for attendance at a campus child development center.

Each campus child development center maintained pursuant to Section 92300 shall have an advisory council composed of representatives of the parent-users and persons from fields related to the well-being of children.

Student families, as defined in Section 8250.1, whose gross monthly income falls within the fee schedule established pursuant to Section 8249 shall pay fees according to the fee schedule.

Highest priority shall be given to student families with the greatest income deficit, and lowest priority to student families with the greatest income.

For the purposes of assigning eligibility priority, applicant student families shall be grouped according to the amount of their income in one-hundred-dollar ($100) monthly increments. All student families within a particular income range shall be treated as if their incomes were the same, and priority for eligibility within each particular income range shall be assigned on the following basis:

(1) Single-parent student families.

(2) Two-parent families, where both parents are students or where one parent is a student and the other is working.

Student families who are recipients of public assistance shall be subject to the same assignment of priority as other student families whose incomes fall in the same income range.

title: 3. POSTSECONDARY EDUCATION


text: This chapter may be cited as “the University of California Dormitory Revenue Bond Act of 1947.”

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 5. The University of California Revenue Bond Act of 1947 > 1. General Provisions


text: Wherever used or referred to in this chapter, or in any indenture entered into pursuant to this chapter, the definitions set forth in this article govern the construction of this chapter, unless a different meaning appears from the context.

title: 3. POSTSECONDARY EDUCATION

chapter: 5. The University of California Revenue Bond Act of 1947

article: 1. General Provisions


text: “Bonds” or “revenue bonds” means the written evidence of any obligation issued by the regents, payment of which is secured by a pledge of revenues or any part of revenues, as provided in this chapter, in order to obtain funds with which to carry out the purposes of this chapter, irrespective of the form of such obligation.

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text: “Holder of bonds” or “bondholder” or any similar term means any person who shall be the bearer of any outstanding revenue bond or bond registered to bearer or not registered or the registered owner of any such outstanding revenue bond or bond which shall at the time be registered other than to bearer.

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text: “Indenture” means an agreement entered into by the regents pursuant to which revenue bonds are issued regardless of whether such agreement is expressed in the form of a resolution of the regents or by other instrument.

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text: “Person” includes any individual, firm, corporation, association, copartnership, trust, business trust, or receiver or trustee or conservator for any individual or any such entity. It does not, however, include the state or any public corporation, political subdivision, city, county, district, or any agency of any such entity or of the state.

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text: “Project” means any one or more dormitories, other housing facilities, boarding facilities, student union facilities, vehicle parking facilities, or any other auxiliary or supplementary facilities for individual or group accommodation, owned or operated, or authorized to be acquired, constructed, furnished, equipped, and operated, by the regents for use by students, faculty members, or employees of the University of California, or a combination of such facilities, which may include facilities already completed and facilities authorized for future completion, designated by the regents as a project in providing for the issuance of revenue bonds. The term “project” also includes any one or more hospitals, clinics, medical and nursing facilities, and related facilities, including professional office buildings, parking facilities, and other facilities which the regents may deem necessary or convenient for the operation of a hospital or medical center, or incidental to a hospital or medical center, designated by the regents as a project in providing for the issuance of revenue bonds.

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text: “Regents” means the existing corporation known as “the Regents of the University of California,” as such corporation is constituted by the provisions of Section 9 of Article IX of the Constitution.

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text: “Revenues” means and includes any and all fees, rates, rentals, and other charges received or receivable in connection with, and any and all other incomes and receipts of whatever kind and character derived by, the regents from the operation of a project or arising from a project, including any such revenue as may have been or may be impounded or deposited in any sinking fund, redemption or reserve fund, or other fund created for the security of revenue bonds or for the purpose of providing for the payment of revenue bonds or the interest on revenue bonds.

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text: “University of California” means the public trust created by Section 9 of Article IX of the Constitution, and each and all of the campuses of the university within the state.

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text: The provisions of this chapter shall be liberally construed to carry out the objectives and purposes and the declared policy of the state expressed in this chapter.

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text: The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

history: (History: Added by Stats. 2020, Ch. 110, Sec. 30. (SB 820) Effective September 18, 2020.)

title: 3. POSTSECONDARY EDUCATION

article: 1. General Provisions


text: In addition to, and in amplification of, all other powers conferred upon the regents by the Constitution or by any statute of this state, the regents shall have all of the powers set forth in this article.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 5. The University of California Revenue Bond Act of 1947 > 2. Powers of Regents


text: The regents may acquire by grant, purchase, gift, devise, lease, or by the exercise of the right of eminent domain, and may hold, use, sell, lease, or dispose of any real or personal property necessary for the full exercise or convenient or useful for the carrying on of any of its powers pursuant to this chapter.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may construct, own, operate, and control any project.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may fix rates, rents, or other charges for the use of any facilities acquired, constructed, equipped, furnished, operated, or maintained by the regents, or for services rendered in connection with such facilities, and may alter, change, or modify such rates, rents, or other charges at its pleasure, subject to any contractual obligation which may be entered into by the regents with respect to the fixing of such rates, rents, or charges.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may enter into covenants to increase rates or charges from time to time as may be necessary pursuant to any contract or agreement with the holders of any bonds of the regents.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may at any time and from time to time issue revenue bonds in order to raise funds for the purpose of establishing any project or of acquiring lands for any project, or of acquiring, constructing, improving, equipping, or furnishing any project, or of refinancing any project, or for any combination of such purposes, which bonds may be secured as provided in this chapter.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may contract with any department or agency of the United States or of this state upon such terms and conditions as the regents find are for the best interests of the university.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may make contracts, leases, and agreements with any person or public corporation, political subdivision, city, county, district, or any agency of any person or such entity and may generally perform all acts necessary for the full exercise of the powers vested in the regents.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may sell, lease, convey, or otherwise dispose of any of its rights, interest, or properties, subject to any contractual obligation which may be entered into by the regents with respect to the issuance of revenue bonds.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may exercise the right of eminent domain for the condemnation of private property, or of any right or interest in private property.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may adopt such rules and regulations as may be necessary to enable the regents to exercise the powers and to perform the duties conferred or imposed upon the regents by this chapter.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text:
(a) Notwithstanding any other provision of law, to the extent that the regents adopt or amend a rule or regulation pertaining to the governance and maintenance of the buildings and grounds of the University of California pursuant to this section, addressing the conduct of persons who are not students, officers, or employees of the University of California when that conduct is a threat to persons or property or constitutes interference with functions or activities of the university, the violation of that rule or regulation is a misdemeanor.

(b) (1) A proposed rule or regulation subject to this section shall be reviewed by the regents’ office of general counsel for necessity, authority, clarity, consistency, reference, and nonduplication. The office of general counsel may recommend to the regents any action it deems appropriate concerning the proposed rule or regulation.

(2) For purposes of paragraph (1), “necessity,” “authority,” “clarity,” “consistency,” “reference,” and “nonduplication” have the same meaning as those words are defined by Section 11349 of the Government Code.

(c) Notice of the proposed rule or regulation described in this section shall be available to the public in electronic format and shall be published at least 45 days prior to a public hearing in a newspaper of general circulation in each county in which the regents maintain a campus. The notice shall include the right of the public to comment orally or in writing on the proposed rule or regulation either prior to or during the public hearing.

(d) The public shall be provided the opportunity to comment on the proposed rule or regulation at that public hearing.

(e) The regents shall maintain a rulemaking file containing the public notice, public comments, and minutes of the public hearing, including the action taken.

(f) The rulemaking file maintained pursuant to subdivision (e) shall contain a summary of each objection or recommendation made with an explanation of how the proposed rule or regulation was changed to accommodate each objection or recommendation, or the reason or reasons for making no change.

(g) The proposed rule or regulation shall be accompanied by an estimate of the effect of the proposed rule or regulation with regard to the costs or savings to the regents, other state or local agency, or any combination.

(h) The regents shall transmit the rule or regulation, as adopted, to the Secretary of State for filing, and, upon publication in the California Code of Regulations, a violation of the rule or regulation is a misdemeanor.

(i) This section may not be utilized to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly, or the constitutionally protected right of personal privacy.

history: (History: Added by Stats. 2002, Ch. 376, Sec. 1. Effective January 1, 2003.)

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents have full charge of the acquisition, construction, and completion of all projects authorized by the regents and may proceed with such work forthwith.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may construct any project and acquire all property necessary for a project in such manner and at such location and on such terms and conditions as the regents deem advisable. A project may, but need not, be constructed or acquired on any campus and may be constructed or acquired at any location deemed by the regents advisable for the accomplishment of the purposes of this chapter.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: Title to all property acquired by the regents, and the revenues and income from such property, is in the regents. The title to any moneys, revenues, sinking funds, reserve funds, and other funds of the regents and the income from such moneys, revenues, and funds pledged to the payment of the principal or interest or any bonds issued thereunder is subject to trusts declared in favor of the bondholders. All such property, including such property and facilities belonging to the college affiliated with the University of California pursuant to Section 92201, and the income from such property are exempt from all taxation by the state or by any county, city and county, city, district, political subdivision, or public corporation of any such entity. The management, operation, and control of all improvements acquired, constructed, or completed by the regents are vested in the regents.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: At all times the operation, maintenance, control, repair, construction, reconstruction, alteration, and improvement of any project are vested in the regents.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may use for the payment of the costs of acquisition, construction, or completion of any project any funds made available to the regents by the state or any other funds provided by the regents from any source, to be expended for the accomplishing of the purposes set forth in this chapter, together with the proceeds of revenue bonds issued and sold by the regents.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may insure against loss of revenues from any cause whatsoever and the proceeds of any such insurance shall be used solely for the payment of bonds and the interest on the bonds.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may insure against public liability or property damage and against loss by fire or other hazards. The regents may provide in an indenture for the carrying of such insurance, or any other insurance, in such amount and of such character as it shall determine, and for the payment of the premiums on such insurance.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents may authorize any officer or officers of the regents to prepare and procure the printing or engrossing of bonds, coupons, indentures, or other instruments and contracts or agreements of every kind required or convenient for, or pertaining to, the issuance or sale of bonds.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents shall fix rents, charges, and fees for all projects acquired, constructed, or completed under the terms of this chapter for the use of such projects by any persons utilizing the facilities of such projects, subject to such contractual obligations as may be entered into by the regents and the holders of bonds issued pursuant to this chapter. The regents may change rents, charges, and fees from time to time, as conditions warrant. All rents, charges, and fees shall at all times be fixed to yield annual revenue equal to annual operating and maintenance expenses, including repairs and insurance costs and all redemption payments and interest charges and reserve fund requirements on revenue bonds at any time issued and outstanding pursuant to this chapter, as they become due.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: Nothing in this article or elsewhere in this chapter shall be construed directly or by implication to be in any way in derogation of, or in limitation of, powers conferred upon, or existing in, the regents by virtue of provisions of the Constitution or statutes of this state.

title: 3. POSTSECONDARY EDUCATION

article: 2. Powers of Regents


text: The regents shall issue revenue bonds in the name of the regents and as obligations of the regents, but neither the principal of, nor interest on, any bond issued or sold pursuant to this chapter shall be or become a lien, charge, or liability against this state or against the regents or against the property or funds of either, except to the extent of the pledge of revenues or part of revenues of the project, as may be provided by the indenture pursuant to which revenue bonds are issued, and every such bond issued by the regents shall contain a recital on its face, substantially as follows: “This bond is not a lien, charge, or liability, as to either principal or interest, against the State of California or against the Regents of the University of California or against the property or funds of either, except to the extent of the pledge of revenues or part of revenues, as provided by the indenture pursuant to which it is issued.”

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 5. The University of California Revenue Bond Act of 1947 > 3. Revenue Bonds


text: The regents shall determine the time, form, and manner of the issuance of revenue bonds.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text:
The validity of the authorization and issuance of any revenue bonds by the regents is not dependent on nor affected in any way by any of the following:

(a) Proceedings taken by the regents for the acquisition, construction, or completion of any project or any part of any project.

(b) Any contracts made by the regents in connection with the acquisition, construction, or completion of any project.

(c) The failure to complete any project for which bonds are authorized to be issued.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: Before issuing any bond or bonds pursuant to this chapter, the regents shall by resolution declare the purpose for which the proceeds of the bonds proposed to be issued shall be expended and shall specify the maximum amount of bonds to be issued or sold for such purpose. Bonds shall not be issued or sold for such purpose in an amount exceeding the maximum specified in such resolution except with the consent of bondholders, pursuant to amendment or modification of an indenture, as provided in Sections 92528 and 92529. Nothing in this section shall be construed to prevent the regents from amending any such resolution prior to the issuance of bonds authorized thereby to increase or decrease the maximum amount of bonds to be issued or sold. The issuance of bonds for one or more projects may be included in a single resolution of authorization.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: The regents may provide for one or several issues of bonds and may issue bonds in series or may divide any issue into one or more divisions and fix different maturities or dates of such bonds, different rates of interest, or prescribe different terms and conditions for the bonds of the several series or divisions. It is not necessary that all bonds of the same authorized issue be of the same kind or character, have the same security, or be of the same interest rate, but the terms of such bonds shall in each case be provided for by the regents, at or prior to the issue of the bonds.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: Bonds may be issued as coupon bonds or as registered bonds. The regents may provide for the interchange of coupon bonds for registered bonds and registered bonds for coupon bonds, and may provide that the bonds shall be registered as to principal only, or as to both principal and interest, or otherwise as the regents may determine.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: Bonds shall bear interest at a rate of not to exceed 12 percent per annum, payable annually or semiannually, or in part annually and in part semiannually.

history: (History: Amended (as amended by Stats. 1984, Ch. 33) by Stats. 1989, Ch. 321, Sec. 11.)

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: Bonds may be callable upon such terms, conditions, and upon such notice as the regents may determine, and upon the payment of such premium as may be fixed by the regents in the proceedings for the issuance of the bonds. No bond is subject to call or redemption prior to its fixed maturity date unless the right to exercise such call is expressly stated on the face of the bond.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: The regents may provide for the payment of the principal and interest of bonds at any place within or without the state, and in specified coin or currency of the United States.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: The regents may provide for the execution and authentication of bonds by the manual, lithographed, or printed facsimile signature of officers of the regents and by additional authentication by a trustee or fiscal agent appointed by the regents. If any of the officers whose signatures or countersignatures appear upon the bonds or coupons cease to be officers before the delivery of the bonds or coupons, their signatures or countersignatures are nevertheless valid and of the same force and effect as if the officers had remained in office until the delivery of the bonds and coupons.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: Bonds shall bear dates prescribed by the regents. Bonds may be serial bonds or sinking fund bonds with such maturities as the regents may determine. No bond by its terms shall mature in more than 50 years from its own date and, in the event any authorized issue is divided into two or more series or divisions, the maximum maturity date authorized in this section shall be calculated from the date on the face of each bond separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of any authorized issue.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: Bonds may be sold at either public or private sale. The regents may fix terms and conditions for the sale or other disposition of any authorized issue of bonds. The regents may sell bonds at less than their par or face value, but no bond may be sold at a price below the par or face value of the bond which would result in a sale price yielding to the purchaser an average of more than 12 percent per annum, payable semiannually, according to standard tables of bond values.

history: (History: Amended (as amended by Stats. 1984, Ch. 33) by Stats. 1989, Ch. 321, Sec. 13.)

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: The regents may provide for the security of bonds. The regents may use and expend all or any part of any funds or proceeds of any property owned by it, whether received by gift, appropriation or otherwise, if not restricted as to the use of such funds or proceeds of property by the terms of any gift or trust or provision of law, for the redemption of bonds issued pursuant to this chapter and the payment of interest due on the bonds.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: All costs and expenses incident to the issuance and sale of bonds may be paid out of the proceeds of the sale of the bonds. Interest on bonds may be paid out of the proceeds of the sale of the bonds during the actual construction of any project for the acquisition, construction, or completion of which the bonds have been issued, and for a period of not to exceed two years after the completion of the actual construction of the project as provided for in the indenture.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: The regents may provide that the bonds and the interest on the bonds shall be secured by all or by part of revenues of a project upon the basis of which revenue bonds are issued or authorized to be issued, and shall constitute such lien upon the revenues of such project as may be provided for in the indenture.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: Pending the actual issuance or delivery of revenue bonds, the regents may issue temporary or interim bonds, certificates, or receipts of any denominations whatsoever, and with or without coupons, to be exchanged for definitive bonds when ready for delivery.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: The regents may provide for the replacement of lost, destroyed, or mutilated bonds, or coupons.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: Bonds issued pursuant to this chapter and the interest or income from such bonds, are exempt from all taxation in this state other than gift, inheritance, and estate taxes.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: The regents may designate a bank or trust company, qualified to do business in this state, as a trustee for the regents and the holders of bonds issued pursuant to this chapter, and may authorize the trustee to act on behalf of the holders of the bonds, or any stated percentage of the bonds, and to exercise and prosecute on behalf of the holders of the bonds such rights and remedies as may be available to the holders.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: The regents may fix and determine the conditions upon which any trustee shall receive, hold, or disburse any or all revenues deposited with it by or by authority of the regents. The regents shall prescribe the duties and powers of any such trustee with respect to the issuance, authentication, sale, and delivery of the bonds and the payment of principal of, and interest on, the bonds, the redemption of the bonds, the registration and discharge from registration of the bonds, and the management of any sinking fund or other funds provided as security for the bonds.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: All bonds issued pursuant to this chapter are negotiable instruments, except when registered in the name of a registered owner.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: Except as provided otherwise in any indenture, the holder of any bond issued pursuant to this chapter may, by mandamus or other appropriate proceeding, require and compel the performance of any of the duties imposed upon the regents or upon any official or employee or assumed by the regents or any official or employee, in connection with the acquisition, construction, operation, maintenance, repair, reconstruction, or insurance of any project, or the collection, deposit, investment, application, and disbursement of rents, rates, charges, fees, and all other revenues derived from the operation and use of any project or in connection with the deposit, investment, and disbursement of the proceeds received from the sale of bonds pursuant to this chapter. The enumeration of such rights and remedies does not, however, exclude the exercise or prosecution of any other rights or remedies available to the holders of bonds issued pursuant to this chapter.

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: Notwithstanding any other provision of law, all bonds sold and delivered pursuant to this chapter are legal investments for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, trust companies, the state school funds, and any public or private funds which may be invested in county, municipal, or school district bonds, and may be deposited as security for the performance of any act whenever the bonds of any county, municipality, or school district may be so deposited, and may also be used as security for the deposit of public moneys in banks and savings and loan associations of this state.

history: (History: Amended by Stats. 1977, Ch. 36.)

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text:
(a) (1) The University of California may pledge, along with its other revenues, its annual General Fund support appropriation less the amount of that appropriation that is required to fund general obligation bond payments and the State Public Works Board rental payments, to secure the payment of any of the university’s general revenue bonds or commercial paper associated with the general revenue bond program and to secure payment for any availability payments, lease payments, installment payments, and other similar or related payments.

(2) To the extent the university pledges any part of its support appropriation as a source of revenue securing any obligation, it shall provide that this commitment of revenue is subject to annual appropriation by the Legislature.

(3) The university may fund debt service for capital expenditures defined in subdivision (b), and make availability payments, lease payments, installment payments, and other similar or related payments for capital expenditures defined in subdivision (b), from its General Fund support appropriation pursuant to Sections 92495 and 92495.5.

(4) The state hereby covenants with the holders of the university’s obligations secured by the pledge of the university permitted by this section that, so long as any of the obligations referred to in this subdivision remain outstanding, the state will not impair or restrict the ability of the university to pledge any support appropriation or support appropriations that may be enacted for the university. The university may include this covenant of the state in the agreements or other documents underlying the university’s obligations to this effect.

(b) For purposes of this section, the following definitions shall apply:

(1) “Availability payments” are payments made by the university to a contractor for providing an available facility.

(2) “Capital expenditures” means any of the following:

(A) The costs to design, construct, or equip academic facilities to address seismic and life safety needs, enrollment growth, or modernization of out-of-date facilities, and renewal or expansion of infrastructure to serve academic programs.

(B) The debt service amount associated with refunding, defeasing, or retiring State Public Works Board lease revenue bonds.

(C) The costs to design, construct, or equip energy conservation projects.

(D) The costs of deferred maintenance of academic facilities and related infrastructure.

(c) Nothing in this section shall require the Legislature to make an appropriation from the General Fund in any specific amount to support the University of California.

(d) The ability to utilize its support appropriation as stated in this section shall not be used as a justification for future increases in student tuition, additional employee layoffs, or reductions in employee compensation at the University of California.

history: (History: Amended by Stats. 2017, Ch. 23, Sec. 17. (SB 85) Effective June 27, 2017.)

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text:
(a) The University of California may fund pay-as-you-go capital outlay projects from its General Fund support appropriation pursuant to Sections 92495 and 92495.5.

(b) For purposes of this section, “capital outlay project” means both of the following:

(1) The costs to design, construct, or equip academic facilities to address seismic and life safety needs, enrollment growth, or modernization of out-of-date facilities, and renewal or expansion of infrastructure to serve academic programs.

(2) The costs to design, construct, or equip energy conservation projects.

history: (History: Amended by Stats. 2014, Ch. 34, Sec. 27. (SB 860) Effective June 20, 2014.)

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text:
(a) (1) Commencing with the 2013–14 fiscal year and for each fiscal year thereafter, if the University of California plans to use any of its support appropriation in the annual budget for the subsequent fiscal year for capital expenditures pursuant to Section 92493, as defined in subparagraph (A) or (D) of paragraph (2) of subdivision (b) of that section, or for capital outlay projects pursuant to Section 92494, as defined in paragraph (1) of subdivision (b) of that section, it shall simultaneously submit, on or before September 1, 10 months before the commencement of that fiscal year, a report to the committees in each house of the Legislature that consider the annual state budget, the budget subcommittees in each house of the Legislature that consider appropriations for the University of California, and the Department of Finance.

(2) The report shall detail the scope of capital expenditures or capital outlay projects and how the capital expenditures or capital outlay projects will be funded, and it shall provide the same level of detail as a capital outlay budget change proposal. The certifications required by subdivision (e) shall be attached to the report.

(3) The Department of Finance shall review the report and submit, by February 1, a list of preliminarily approved capital expenditures and capital outlay projects, including the certifications required by subdivision (e) for each applicable expenditure and project, to the committees in each house of the Legislature that consider the annual state budget and the budget subcommittees in each house of the Legislature that consider appropriations for the University of California. These committees may review and respond to the list of preliminarily approved capital expenditures and capital outlay projects before April 1.

(4) The Department of Finance shall submit a final list of approved capital expenditures and capital outlay projects to the University of California no earlier than April 1, three months before the commencement of the fiscal year of the planned expenditures.

(b) The Department of Finance may approve capital expenditures defined in subparagraph (C) of paragraph (2) of subdivision (b) of Section 92493, or capital outlay projects defined in paragraph (2) of subdivision (b) of Section 92494, no sooner than 30 days after submitting, in writing, a list of capital expenditures and capital outlay projects being considered for approval, with the applicable certifications required by subdivision (e), to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees and the appropriate subcommittees in each house of the Legislature that consider the State Budget, and the Chairperson of the Joint Legislative Budget Committee.

(c) The University of California shall not use its General Fund support appropriation to fund a capital expenditure defined in subparagraph (A), (C), or (D) of paragraph (2) of subdivision (b) of Section 92493, or capital outlay project defined in subdivision (b) of Section 92494, before receiving approval from the Department of Finance pursuant to this section.

(d) (1) The University of California may proceed with capital expenditures pursuant to Section 92493, as defined in paragraph (2) of subdivision (b) of that section, or capital outlay projects pursuant to Section 92494, only if all work traditionally performed by persons with University of California Service Unit (SX) job classifications is performed only by employees of the University of California. This paragraph shall become inoperative on January 1, 2021.

(2) Commencing January 1, 2021, the University of California may proceed with capital expenditures, as defined in subparagraph (A), (C), or (D) of paragraph (2) of subdivision (b) of Section 92493, or capital outlay projects defined in subdivision (b) of Section 92494, only upon certification that during the subsequent fiscal year and at all times thereafter, all cleaning, maintenance, groundskeeping, food service, or other work traditionally performed by persons with University of California Service Unit (SX) job classifications, shall be performed only by employees of the University of California at each beneficially affected facility, building, or other property.

(3) This subdivision does not apply to, and shall not restrict the performance of, work done under contract and paid for in whole or in part out of public funds, when the work is either of the following:

(A) Construction, alteration, demolition, installation, or repair work, including work performed during the design, preconstruction, and postconstruction phases of construction.

(B) Carpentry, electrical, plumbing, glazing, painting, and other craft work designed to preserve, protect, or keep any publicly owned facility in a safe and continuously usable condition, including repairs, cleaning, and other operations on machinery and other equipment permanently attached to the building or real property as fixtures.

(e) Commencing with the 2021–22 fiscal year, and for each fiscal year thereafter, the Department of Finance shall approve each new and ongoing capital expenditure defined in subparagraph (A), (C), or (D) of paragraph (2) of subdivision (b) of Section 92493, and each capital outlay project defined in subdivision (b) of Section 92494, only after the University of California has demonstrated ongoing and continuous compliance with subdivisions (c) and (d). For each capital expenditure and each capital outlay project, a demonstration of compliance shall include a certification of compliance with subdivision (d) signed by the President of the University of California, or their duly authorized designee, indicating that, at each facility, building, or other property that will benefit from state funding for a capital expenditure or capital outlay project, both of the following occur:

(1) All work specified in subdivision (d) will be performed exclusively by University of California employees.

(2) Either of the following:

(A) All work described in subdivision (d) has been performed exclusively by University of California employees at all times since the University of California received state funding for a capital expenditure or capital outlay project after January 1, 2017.

(B) The University of California shall provide a written report detailing any noncompliance with subdivision (c) or (d), specifying how many contract workers performed work at each site, for what periods of time, and what the University of California has done to remedy the noncompliance, and, on or before February 1 of each calendar year, shall certify to the satisfaction of the chairpersons of the budget committee of each house of the Legislature that it has maintained subsequent compliance with subdivisions (c) and (d).

(f) Notwithstanding Section 10231.5 of the Government Code, commencing with the 2014–15 fiscal year, on or before February 1 of each fiscal year, the University of California shall simultaneously submit a progress report to the Joint Legislative Budget Committee and the Department of Finance detailing the scope, funding, and current status of all capital expenditures undertaken pursuant to Section 92493 and for all capital outlay projects undertaken pursuant to Section 92494.

(g) All reporting, certification requirements, approval procedures, and other provisions of this section shall apply to all General Fund support appropriations for capital expenditures or capital outlay projects, regardless of whether those projects involve academic or nonacademic facilities. This subdivision does not authorize appropriations for capital expenditures or capital outlay projects for nonacademic facilities.

history: (History: Amended by Stats. 2020, Ch. 110, Sec. 31. (SB 820) Effective September 18, 2020.)

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text:
The university shall manage its general revenue bond program and the payments referenced in Section 92493, in a manner so that not more than 15 percent of its General Fund support appropriation, less the amount of that appropriation that is required to fund general obligation bond payments and State Public Works Board rental payments, is used for the total of all of the following:

(a) Payments for capital expenditures pursuant to Section 92493.

(b) Pay-as-you-go capital outlay projects pursuant to Section 92494.

(c) State Public Works Board rental payments.

history: (History: Amended by Stats. 2015, Ch. 22, Sec. 24. (SB 81) Effective June 24, 2015.)

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: Notwithstanding Sections 13332.11 and 13332.19 of the Government Code or any other law, the University of California may proceed with capital expenditures and capital outlay projects pursuant to Sections 92495 and 92495.5 without any further limitations or approvals, except those delineated in Sections 92495 and 92495.5.

history: (History: Added by Stats. 2014, Ch. 34, Sec. 30. (SB 860) Effective June 20, 2014.)

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: If the university is able to reduce annual debt service costs by refunding, defeasing, or retiring general obligation bonds or State Public Works Board lease revenue bonds, as described in Section 92493, the university shall annually contribute an equal amount to reduce the existing unfunded liability of the University of California Retirement Plan.

history: (History: Added by Stats. 2013, Ch. 50, Sec. 10. (AB 94) Effective July 1, 2013.)

title: 3. POSTSECONDARY EDUCATION

article: 3. Revenue Bonds


text: The regents may enter into indentures providing for the aggregate principal amount, date or dates, maturities, interest rates, denominations, form, registration, transfer, and interchange of any revenue bonds and coupons issued pursuant to this chapter, and the terms and conditions on which the bonds shall be executed, issued, secured, sold, paid, redeemed, funded, and refunded. Reference on the face of the bonds to such indenture by its date of adoption, or the apparent date on the face thereof, is sufficient to incorporate all of the provisions of the indenture and of this chapter into the body of the bonds and their appurtenant coupons. Each taker and subsequent holder of the bonds or coupons, whether the coupons are attached to, or detached from, the bonds, has recourse to all of the provisions of the indentures and of this chapter, and is bound thereby.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures

path: 3. POSTSECONDARY EDUCATION > 9. UNIVERSITY OF CALIFORNIA > 57. UNIVERSITY OF CALIFORNIA > 5. The University of California Revenue Bond Act of 1947 > 4. Indentures


text: An indenture pursuant to which bonds are issued may include any and all such convenants and agreements on the part of the regents as the regents deems necessary or advisable for the better security of the bonds issued pursuant to the indenture.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture shall provide the means by which payments of principal and interest of bonds shall be secured.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause relating to the bonds issued pursuant to the indenture requiring the regents to pay or cause to be paid punctually the principal of all such bonds and the interest on such bonds on the date or dates, or at the place or places, and in the manner mentioned in such bonds and in the coupons appertaining to the bonds in accordance with such indenture.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: The regents may include in an indenture such limitations as to competitive projects, both as to location and comparative rentals, as may be deemed necessary or desirable for the security of revenue bonds issued pursuant to this chapter.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: The regents may also include in an indenture a covenant that no project acquired, constructed, or completed from the proceeds of revenue bonds issued by the regents shall be used without charge for such use or that no facilities of any such project shall be furnished free of charge to any person.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause relating to the bonds issued pursuant to the indenture, requiring the regents to operate the project continuously, to the extent practicable under conditions as they may from time to time exist, in an efficient and economical manner.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause relating to the bonds issued pursuant to the indentures requiring the regents to make all necessary repairs, renewals, and replacements to any project, and to keep the project at all times in good repair, working order, and condition.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause relating to the bonds issued pursuant to the indenture requiring the regents to preserve and protect the security of the bonds and the rights of the holders of the bonds and to warrant and defend such rights.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause relating to the bonds issued pursuant to the indenture requiring the regents to pay and discharge, or cause to be paid and discharged, all lawful claims for labor, materials, and supplies or other charges which, if unpaid, might become a lien or charge upon the revenues, or any part of the revenues, of any project acquired, constructed, or completed from the proceeds of the sale of the bonds, or upon any physicial properties, or which might impair the security of the bonds.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause relating to the bonds issued pursuant to the indenture which limits, restricts, or prohibits any right, power, or privilege of the regents to mortgage or otherwise encumber, sell, lease, or dispose of any improvements constructed from the proceeds of the bonds, or to enter into any lease or agreement which impairs or impedes the operation of a project, or any part of a project, necessary to secure adequate revenues or which otherwise impairs or impedes the rights of the holders of the bonds with respect to such revenues.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause relating to the bonds issued pursuant to the indenture requiring the regents to fix, prescribe, and collect rates, rentals, or other charges in connection with the services and facilities furnished from the project acquired, constructed, or purchased from part or all of the proceeds of the bonds, sufficient to pay the principal of, and interest on, the bonds as they become due and payable, together with such additional sums as may be required for any sinking fund, reserve fund, or other special fund provided for the further security of such bonds or as a depreciation charge or other charges in connection with such project.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause relating to the bonds issued pursuant to the indenture requiring the regents to hold, or cause to be held, in trust the revenues, or any part of revenues, pledged to the payment of such bonds and the interest on such bonds, or to any reserve or other fund created for the further protection of the bonds, and to apply such revenues, or part of revenues, or cause them to be applied only as provided in the indenture.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause defining the power of the regents in applying the proceeds of the sale of any issue of bonds for the acquiring, constructing, or completing of any project or any part of any project.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause limiting the power of the regents to issue additional bonds for the purpose of acquiring, constructing, or completing any project or any part of any project.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause requiring, specifying, or limiting the kind, amount, and character of insurance to be maintained by the regents on any project, or any part of any project, and the use and disposition of the proceeds of any such insurance thereafter collected.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause providing the events of default and the terms and conditions upon which any or all of the bonds of the regents then or thereafter issued may become or be declared due and payable prior to maturity, and the terms and conditions upon which such declaration and its consequences may be waived.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause designating the rights, limitations, powers, and duties arising upon breach by the regents of any of the covenants, conditions, or obligations contained in any indenture.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause prescribing procedure by which the terms and conditions of the indenture may be subsequently amended or modified with the consent of the regents and the vote or written assent of the holders of a specified principal amount or specified proportion of the bonds issued and outstanding. Such clause may provide for meetings of bondholders and for the manner in which the consent of the bondholders may be given. The clause shall specifically state the effect of such amendment or modification upon the rights of the holders of all of the bonds and interest coupons appertaining to the bonds, whether attached to the bonds or detached from the bonds.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: With respect to any clause providing for the modification or amendment of an indenture, the regents may agree that bonds held by the regents or by the state or any political subdivision of the state, including any public corporation, board, or agency of any class or kind, shall not be counted as outstanding bonds, or be entitled to vote or assent, but shall, nevertheless, be subject to any such modification or amendment.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures


text: An indenture may include a clause or clauses providing for such other acts and matters as may be necessary or convenient or desirable in order better to secure the bonds or to make the bonds more marketable.

title: 3. POSTSECONDARY EDUCATION

article: 4. Indentures