Public contracts: University of California executives: conflicts of interest: prohibition.
What changed between versions
A new Section 1 with legislative findings was added, citing People v. Lofchie (2014) and Regents of UC v. Aisen (2016) to explain that general conflict-of-interest statutes do not apply to UC due to its constitutional autonomy, justifying the need for this specific legislation.
The definition of 'business entity' now excludes nonprofit organizations organized under Section 501(c)(3) of the Internal Revenue Code, removing them entirely from the bill's coverage.
The compensation threshold was expanded from a single $500 minimum to three alternative thresholds: $500 or more in value, $100,000 or more in any 12-month period, or $250,000 or more while the recipient is employed by UC. The list of included compensation types also added 'incentive pay.'
The exclusions from 'compensation' were broadened to explicitly cover interest on interest, dividends, distributions, and returns on investment of personal savings or retirement funds, including those held in mutual funds or index funds.
The definition of 'University of California executive' was expanded to include a Chancellor of a UC campus, a Chief Operating Officer of a UC hospital or hospital system, and a President of a UC health system, beyond the previously listed university-level positions.
The effective date for the 12-month lookback period was delayed from January 1, 2027 to January 1, 2028.
A new exception was added stating that a business entity may still receive uncompensated volunteer services from a UC executive, and the term 'consultant' in subdivision (b) was changed to 'compensated consultant' to clarify this distinction.
The penalty for a court finding of violation was reduced dramatically from a 10-year ban on contracting with UC to a 12-month ban.
Private enforcement was eliminated. The original bill allowed any California taxpayer or the Attorney General to bring a civil action; the amended version limits enforcement to the Attorney General only.