BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 573|
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THIRD READING
Bill No: AB 573
Author: Portantino (D), et al
Amended: 4/28/09 in Assembly
Vote: 27 - Urgency
SENATE RULES COMMITTEE : 5-0, 6/24/09
AYES: Cedillo, Dutton, Oropeza, Aanestad, Steinberg
ASSEMBLY FLOOR : 78-0, 6/3/09 - See last page for vote
SUBJECT : California Council on Science and Technology:
fellows
SOURCE : California Council on Science and Technology
DIGEST : This bill clarifies that the services of a
California Science and Technology Policy Fellow provided by
the California Council on Science and Technology and
authorized by the Senate Rules Committee, the Assembly
Rules Committee, or the Joint Rules Committee are not
compensation, a reward, or a gift to a Member of the
Legislature. This bill also clarifies that a fellow is not
an employee of either house of the Legislature. In
addition, this bill requires that a fellow be selected
according to criteria, and pursuant to a process, approved
by the Senate Rules Committee, the Assembly Rules
Committee, or the Joint Rules Committee. This bill further
requires the California Council on Science and Technology
to execute a memorandum of understanding with the Senate
Rules Committee, the Assembly Rules Committee, or the Joint
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Rules Committee that outlines standards of conduct,
economic interest disclosure requisites, and other
requirements for a fellow.
ANALYSIS : Current law states that no member or employee
of the Legislature can "receive or agree to receive,
directly or indirectly, any compensation, reward, or gift
from any source except the State of California for any
service, advice, assistance or other matter related to the
legislative process," except under specified circumstances.
This bill adds a section to the Government Code providing
an exception to current law that the California Science and
Technology Policy Fellows should not be considered a
reward, gift, or compensation, and that the fellows are not
employees of the Legislature.
This bill also creates two requirements for the fellowship
program:
1. That the fellows are selected according to criteria and
pursuant to a process approved by the Senate Rules
Committee, the Assembly Rules Committee, or the Joint
Rules Committee.
2. That the fellows be subject to a memorandum of
understanding executed by the California Council on
Science and Technology with the Senate Rules Committee,
the Assembly Rules Committee, or the Joint Rules
Committee that outlines the "standards of conduct,
economic interest disclosure requisites and other
requirements specified" or other requirements deemed
necessary by the Senate Rules Committee, the Assembly
Rules Committee, or the Joint Rules Committee.
Comments
California Council on Science and Technology . The bill's
sponsor, the California Council on Science and Technology,
is a nonprofit and nonpartisan corporation established in
1988 by the Legislature (ACR 162, Resolution Chapter 148,
Statutes of 1988) "to provide expert science and technology
expertise and advice." Their letter of support states that
the California Science and Technology Policy Fellows is a
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method to further its legislative mandate.
The California Council on Science and Technology is
governed by a board of directors, representing many of the
educational institutions in California, such as the
University of California, California State University,
California Community Colleges, the University of Southern
California, Stanford, and the California Institute of
Technology.
California Science and Technology Fellowships . These
fellowships would be modeled after the 35-year old
Congressional Fellows Program of the American Association
for the Advancement of Science. The pilot program begins
in Fall 2009. A Fellow Training Program will be
implemented for 10 fellows per year. Fellows would be
Ph.D.-level or equivalent students. Each fellow serves a
one-year appointment with an individual legislator.
Placements will be determined by the Legislature. Fellows
will be selected by the California Council on Science and
Technology based on the recommendations of a selection
committee created for this purpose.
The California Council on Science and Technology recently
received a $7 million grant from the Gordon and Betty Moore
Foundation, among others, that will fund the placement of
10 fellows per year beginning in December 2009. Fellows
will be paid a stipend by the Council, and will be directly
supervised by the legislator or committee with whom they
will serve. Terms of selection, conduct, roles,
responsibilities, and termination must be agreed upon by
the Council with the Legislature. This bill requires that
these terms be agreed upon before placement of fellows
within the Legislature.
Precedent . The California Science and Technology Policy
Fellowships will be the first program in the nation to
place Ph.D-level (or equivalent) scientists and engineers
in a formal fellowship program of a state Legislature. It
also sets a precedent of allowing non-state funded
personnel to act as staff, as existing fellowship programs
are state funded.
Purpose of this bill . In order to implement the Science
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and Technology (S&T) Fellowships, legislation is needed to
provide a narrow exception to existing law that prohibits a
member of the Legislature or an employee from either house
of the Legislature from receiving or agreeing to receive,
directly or indirectly, any compensation, reward, or gift
from any source except the State of California for any
service, advice, assistance, or other matter related to the
legislative process, except for specified circumstances.
According to the author, "Through the S&T Fellowship,
California state legislators will have access to in-house
expertise with strong science and engineering training, who
can provide valuable research and analysis to inform
legislation, including but not limited to bills with
science and technology components."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/24/09)
California Council on Science and Technology (source)
BayBio
California Association for Local Economic Development
California Space Authority
California State University
California State University, Los Angeles
Larta Institute
Southern California Biomedical Council
Stanford University
University of California
University of Southern California
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
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Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Bass
NO VOTE RECORDED: Block, Yamada
DLW:mw 6/25/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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