BILL NUMBER: AB 256 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Nestande
FEBRUARY 3, 2011
An act to amend Sections 2079 and 2082 of the Health and
Safety Code, relating to vector control. An act to add
Section 8546.9 to the Government Code, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 256, as amended, Nestande. Vector control.
State Auditor: state employee suggestion program.
Under existing law, the Department of Personnel Administration
administers an employee suggestion program and may make specified
monetary awards to a current or retired state employee who proposes,
among other things, procedures or ideas that will result in
eliminating or reducing state expenditures or improving operations,
if the proposals are put into effect.
Existing law establishes the Bureau of State Audits, which is
headed by the State Auditor and has specified statutory duties,
including the performance of statutorily mandated audits. Existing
law establishes the State Audit Fund, which is continuously
appropriated for the expenses of the State Auditor.
This bill would require, notwithstanding the continuous
appropriation and upon an appropriation by the Legislature, the State
Auditor to establish a reward program for state employees who
identify innovative solutions for inefficiencies in state government
or methods for saving the state money. The program would provide for
the review of proposals by the State Auditor and the Legislative
Analyst, as prescribed, and would require a state agency or
department to implement a proposal that would result in any savings
to an implementing agency or department, as specified. The bill would
require that the State Auditor provide a reward in the amount of 10%
of the savings realized by the agency or department within the first
fiscal year of implementation to both the state employee who made
the proposal and to the implementing state agency or department, as
specified.
The Mosquito Abatement and Vector Control District Law authorizes
the establishment of mosquito abatement and vector control districts
governed by a board of trustees. The board of trustees is required to
provide for regular audits of the district's accounts and records.
The law also authorizes the district to levy special benefit
assessments to finance vector control projects and programs.
This bill would require the board of trustees to adopt a formal,
written response to any irregularities or accounting issues raised in
the audit and provide this response to the appointing authority of
each member of the board of trustees. The bill would also require the
district before it levies special benefit assessments to provide
specified notice to the appointing authority.
By imposing new duties upon a mosquito abatement and vector
control district, this bill would constitute a state-mandated local
program.
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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8546.9 is added to the
Government Code , to read:
8546.9. (a) Notwithstanding Section 8544.5, and upon an
appropriation by the Legislature for this purpose, the State Auditor
shall establish a reward program for state employees who identify
innovative solutions for inefficiencies in state government or
methods for saving the state money.
(b) A state employee who has identified an innovative solution for
an inefficiency in state government or other methods for saving the
state money shall submit his or her proposal to the State Auditor on
a form to be developed by the State Auditor. The State Auditor shall
accept applications that are submitted by mail or e-mail.
(c) After recording the receipt of an application and redacting
the personal identifying information of the state employee, the State
Auditor shall forward the proposal to the Legislative Analyst. The
Legislative Analyst shall be responsible for evaluating the
application and determining whether the proposal is viable and
whether the implementation of the proposal would result in any
savings to the implementing agency or department. The Legislative
Analyst's conclusions shall be submitted as a report to the State
Auditor.
(d) If the State Auditor concurs with the determinations of the
Legislative Analyst that the proposal is viable and would result in
savings to the agency or department of any amount, then the State
Auditor shall notify the state agency or department to which the
proposal pertains of the determination. To the extent permitted by
statute, the state agency or department shall implement the proposal
within a reasonable time. If the state agency or department
determines that the proposal cannot be implemented without a
statutory change, then the agency or department shall report to the
Legislature and the State Auditor the statutory changes that are
required to enable the agency or department to implement the
proposal.
(e) The agency or department, after implementing the proposal,
shall report to the State Auditor the amount of savings realized by
the agency or department in the first fiscal year as a result of
implementing the proposal.
(1) Subject to the requirements of this subdivision, the State
Auditor shall make an award to the state employee applicant in the
amount of 10 percent of the amount of money saved by the state agency
or department in the first fiscal year of implementing the proposal.
(A) A state employee shall not be eligible for an award if that
employee utilized state time or resources to develop or submit the
proposal to the State Auditor.
(B) Employee eligibility for awards will be measured in terms of
assigned or expected job responsibilities. Eligibility shall be
initially determined by the State Auditor, after consultation with
the agency or department that employed the applicant at the time the
proposal was submitted. An employee is not eligible for an award for
a proposal pertaining to a subject assigned to him or her for
research, development, or solution for which he or she has a clear
and specific responsibility to offer as part of his or her normal job
requirements. In determining normal job responsibilities, the State
Auditor shall consider the job description and duty statement,
performance requirements, supervisors' interpretations, authority to
place proposals into effect, expectations of the classification job
specification, and other factors, such as customary practice, which
may have a bearing on the duties expected of the applicant.
(2) The State Auditor shall also make an award to the implementing
state agency or department in an amount of 10 percent of the amount
of money saved by the state agency or department in the first fiscal
year following the implementation of the proposal. In order to
encourage the participation of state agencies and departments, it is
the intent of the Legislature that the appropriation to a state
agency or department in the fiscal year following the implementation
of a proposal be in an amount sufficient to preserve the 10 percent
award to the state agency or department.
(3) Any award made by the State Auditor may be paid from the
appropriation available to the state agency or department affected by
the award.
SECTION 1. Section 2079 of the Health and
Safety Code is amended to read:
2079. (a) The board of trustees shall provide for regular audits
of the district's accounts and records pursuant to Section 26909 of
the Government Code. If an audit identifies an irregularity or
accounting issue, the board of trustees shall adopt a formal, written
response and provide this response to the appointing authority of
each member of the board of trustees.
(b) The board of trustees shall provide for the annual financial
reports to the Controller pursuant to Article 9 (commencing with
Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5 of the
Government Code.
SEC. 2. Section 2082 of the Health and Safety
Code is amended to read:
2082. (a) A district may levy special benefit assessments
consistent with the requirements of Article XIII D of the California
Constitution to finance vector control projects and programs.
(b) Before beginning a vector control project or program proposed
to be financed pursuant to this section, the board of trustees shall
adopt a resolution that does all of the following:
(1) Specifies its intent to undertake the project or program.
(2) Generally describes the project or program.
(3) Estimates the cost of the project or program.
(4) Estimates the duration of the proposed special benefit
assessment.
(c) After adopting its resolution pursuant to subdivision (b), the
board of trustees shall proceed pursuant to Section 53753 of the
Government Code. The board of trustees shall also mail the notice
described in subdivision (b) of Section 53753 to the appointing
authority of each member of the board of trustees within the
timeframe described in that subdivision, except that this notice
shall not include the amount chargeable to a specific record owner's
parcel. The members of the board of trustees shall make themselves,
as well as district staff, available to the appointing authority and
the staff of the appointing authority to discuss the proposed special
benefit assessment at any time prior to the public hearing described
in the notice. The board of trustees shall also notify each
appointing authority of this availability.
(d) The special benefit assessments levied pursuant to this
section shall be collected at the same time and in the same manner as
county taxes. The county may deduct an amount not to exceed its
actual costs incurred for collecting the special benefit assessments
before remitting the balance to the district. The special benefit
assessments shall be a lien on all the property benefited. Liens for
the assessments shall be of the same force and effect as liens for
property taxes, and their collection may be enforced by the same
means as provided for the enforcement of liens for county taxes.
SEC. 3. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.