BILL NUMBER: AB 582 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Calderon
FEBRUARY 24, 2015
An act to add and repeal Chapter 4 (commencing with Section 15660)
of Part 9 of Division 3 of Title 2 of the Government Code, relating
to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 582, as amended, Calderon. Professionals in Public Service Act
of 2015.
(1) Under existing law the State Board of Equalization collects
and administers a variety of tax and fee programs with respect to
matters including, but not limited to, vehicle fuels, timber,
cigarettes and tobacco products, alcoholic beverages, emergency
telephone services, integrated waste management, oil spills,
hazardous materials, underground storage systems, and private
railroad cars.
This bill would enact the Professionals in Public Service Act of
2015, which would establish the state professionals in public service
program within the State Board of Equalization for the purpose of
utilizing the expertise of private-sector entrepreneurs to help make
state governmental activities and practices more streamlined and
accessible to small businesses. The program would authorize the
executive director of the board to appoint a maximum of 5 persons
during any calendar year to serve the board, on a voluntary basis, as
a professional in public service with duties as set forth in the
bill. The bill would provide that these duties be
performed pursuant to an agreement and subject to specified
confidentiality requirements, the violation of which is a crime. By
expanding the scope of a crime, this bill would impose a
state-mandated local program.
This bill would require the director of the board to
accept appointment applications for the position of a professional in
public service and to establish prescribed procedures for complying
with the bill adopt procedures for implementing the
program by March 1, 2016. The bill would preclude
appointment of a professional in public service after August 1, 2016,
a nd would establish the final date of service under the
appointment as December 31, 2017. The bill would require the
director to establish an informal working group of
executives on loan professionals in public service
to discuss best practices, experiences, obstacles,
opportunities, and recommendations.
This bill would, notwithstanding any law, require the director to
annually report on the program to the Governor and the Assembly
Committee on Jobs, Economic Development, and the Economy, with the
final report due January 1, 2019. March 31,
2021.
This bill would repeal these provisions January 12, 2021
January 1, 2022 .
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) California is home to some of the most innovative and
resourceful entrepreneurs in the world, making it the nation's leader
in technology and related industries.
(b) The state should harness this innovation and leverage it to
provide the best possible customer service to all of its citizens in
the most cost-effective, efficient, and creative manner.
(c) Creativity and efficiency should not be limited to the private
sector, but rather should be embraced and developed to further the
public interest.
(d) The Professionals in Public Service Act of 2015 applies a
philosophy of success to state government, allowing the most creative
private sector professionals to volunteer their time and expertise
to make government work better for its citizens.
(e) Establishing the professionals in public service program in a
California state agency is a model that has been applied successfully
by a variety of public and private entities and has proven to be a
useful tool to help various processes become more efficient.
(f) It is the intent of the Legislature that the Professionals in
Public Service Act of 2015 serve as a model for similar measures
authorizing other state agencies to utilize and adopt similar
programs, where applicable, to support and streamline activities
associated with their regulatory responsibilities.
SEC. 2. Chapter 4 (commencing with Section 15660) is added to Part
9 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 4. PROFESSIONALS IN PUBLIC SERVICE ACT OF 2015
15660. (a) This chapter shall be known, and may be cited, as the
Professionals in Public Service Act of 2015.
(b) As used in this chapter, the following terms have the
following meanings:
(1) "Board" means the State Board of Equalization.
(2) "Director" means the Secretary of the State Board of
Equalization, or his or her designee.
(3) "Professional in public service" means an individual appointed
as a professional on loan pursuant pursuant
to the program.
(4) "Program" means the professionals in public service program,
as established by this chapter.
15661. (a) The professionals in public service program is hereby
established within the board for the purpose of utilizing the
expertise of private-sector executives
professionals to help make state governmental activities and
practices more streamlined and accessible to small businesses.
(b) (1) The
director The board shall, by March 1, 2016,
adopt procedures for implementing the program, and shall begin
accepting applications within 60 days after their adoption. At a
minimum, the procedures shall include all of the following:
(1) The director may appoint one
or more professionals in public service under the program during the
program's existence, however, the director shall not appoint more
than five professionals in public service during any calendar year.
An
(2) Nominations for appointment may be
submitted by any entity, public or private, may
recommend candidates for the board to consider.
private.
(3) An application for appointment may be submitted in writing on
a form developed by the board, or through an online application
process established by the board.
(2)
(4) Any person appointed as a professional in public
service shall meet at least one of the following qualifications:
(A) The individual shall have demonstrated success in working with
California small businesses and entrepreneurs.
(B) The individual shall have successfully developed, invented, or
created a product and brought the product to the marketplace.
(3)
(5) A person appointed as a professional in public
service shall not have a conflict of interest with the activities of
the board, including, but not limited to, having any existing
business before the board.
(c) The director shall accept appointment applications for the
position of a professional in public service and shall establish
procedures for complying with this chapter by March 1, 2016. Among
other requirements, the procedures shall include all of the
following:
(1)
(6) A process for screening prospective appointees,
including checking backgrounds and references.
(2)
(7) A standard memorandum of understanding that
stipulates the responsibilities of each party in undertaking
an executive on loan a professional in public service
under the program, including, but not limited to, duties,
goals, expected outcomes, administrative support, and office
participation. This standard memorandum of understanding may function
as a model for future professionals in public service programs.
(3)
(8) A reporting process that provides sufficient
information for the director to report as set forth in subdivision
(c) of Section 15663.
(d)
(c) Prior to the appointment of a professional in
public service, the board shall approve the procedures established by
the director pursuant to subdivision (c).
(b).
(d) The appointment of a professional in public service shall be
made no later than August 1, 2016. The final date of service of a
professional in public service appointed under this chapter shall be
December 31, 2017.
(e) Before the effective date of an appointment under this
chapter, every individual selected to participate in the program
shall have entered into a memorandum of understanding with the
director. The memorandum of understanding shall be specific as to the
placement and clearly identify the duties, goals, expected outcomes,
administrative support, and office participation. The memorandum of
understanding shall set the benchmarks and metrics for evaluating the
success of the placement.
(f) A professional in public service may serve in that capacity
for up to the life of the program.
(g)
(f) Procedures adopted pursuant to this chapter are
hereby exempted from the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part
1).
15662. (a) Subject to the confidentiality requirements of Section
15619 of this code and of the Revenue and Taxation Code applicable
to the board, and pursuant to an agreement that satisfies Section
6830 of the Revenue and Taxation Code, a professional in public
service shall have all of the following duties:
(1) Providing recommendations to the board on how to streamline,
eliminate, or modify potentially inefficient or duplicative
activities, processes, and programs, if any, of the board.
(2) Providing recommendations to the board on methods to improve
program efficiency at the board or new initiatives, if any, that may
be instituted at the board to address the needs of small businesses
and entrepreneurs.
(3) Assisting the board in improving outreach and service to small
business concerns and entrepreneurs including, but not limited to,
the following:
(A) Facilitating meetings and forums to educate small businesses
and entrepreneurs on programs or initiatives of the board.
(B) Facilitating in-service sessions with employees of the board
on issues of concern to entrepreneurs and small businesses.
(C) Providing technical assistance or mentorship to small
businesses and entrepreneurs in accessing programs at the board.
(b) A professional in public service shall serve on a
project-based, voluntary basis, and shall be given a timeline for
completion. At the discretion of the director, the professional in
public service shall have access to an office, computer, and other
related support services and equipment as the director determines to
be necessary for the professional in public service to discharge his
or her duties.
15663. (a) A professional in public service shall report directly
to the director.
(b) The director shall establish an informal working group of
executives on loan professionals in public
service to discuss best practices, experiences, obstacles,
opportunities, and recommendations.
(c) (1) Notwithstanding any law, including, but not limited to,
Section 10231.5, the director shall annually prepare and submit to
the Governor and the Assembly Committee on Jobs, Economic
Development, and the Economy a report on the program. The report, at
a minimum, shall include all of the following:
(A) A progress report on the activities of each professional in
public service during the reporting period, based on the applicable
memorandum of understanding.
(B) A general summary on how the overall program is addressing the
goals of the program, which are as follows:
(i) Making board-administered programs simpler, easier to access,
more efficient, and more responsive to the needs and concerns of
small businesses and entrepreneurs.
(ii) Providing for better outreach by the board to the private
sector.
(iii) Strengthening coordination and interaction between the board
and the private sector on issues relevant to entrepreneurs and small
business concerns.
(2) It is anticipated that program impacts will not be fully
measurable until recommended changes and activities are fully
implemented. The director shall continue measuring and reporting the
impact of the activities of the professional in public service for
three years following the placement of a professional in public
service.
(3) The report shall be filed in compliance with Section 9795.
(4) The final annual report shall be filed by January 1,
2019. March 31, 2021. After the final report is filed,
no further reporting is required under this chapter.
15664. This chapter shall remain in effect only until January 1,
2021, 2022, and as of that dated is
repealed.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.