Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 582

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. begin delete Entrepreneur Partnership Pilot Project end delete begin insert Professionals in Public Service end insert Act of 2015.

begin delete

Under

end delete

begin insert (1) end insert begin insert   end insert begin insert Under end insert 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 begin delete Entrepreneur Partnership Pilot Project end delete begin insert Professionals in Public Service end insert Act of 2015, which would establish the state begin delete executive-on-loan end delete begin insert end insert begin insert professionals in public service end insert 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 begin insert executive end insert director of the board to appoint a maximum of 5 persons during any calendar year to serve the board, on a voluntary basis, as begin delete an executive on loan end delete begin insert a professional end insert begin insert in public service end insert with duties as set forth in the bill. begin insert The bill would provide 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- end insert begin insert mandated local program. end insert

This bill would require the director of the board to accept appointment applications for the position of begin delete an executive on loan end delete begin insert end insert begin insert a professional in public service end insert and to establish prescribed procedures for complying with the bill by March 1, 2016. The bill would require the director to establish an informal working group of executives on loan 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.

This bill would repeal these provisions January 12, 2021.

begin insert

(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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares the following:

end insert begin insert

(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.

end insert begin insert

(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.

end insert begin insert

(c) Creativity and efficiency should not be limited to the private
sector, but rather should be embraced and developed to further
the public interest.

end insert begin insert

(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.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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. begin delete Entrepreneur Partnership Pilot Project end delete
begin insert Professionals in Public Service end insert Act of 2015

 

15660.  

(a) This chapter shall be known, and may be cited, as
the begin delete Entrepreneur Partnership Project end delete begin insert Professionals in Public
Service end insert 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 begin delete executive director end delete begin insert Secretary end insert of the
State Board of Equalization, or his or her designee.

(3)  begin delete “Executive on loan” end delete begin insert “Professional in public service” end insert means
an individual appointed as begin delete an executive end delete begin insert a professional end insert on loan
pursuant to the begin delete executive-on-loan end delete program.

(4) “Program” means the begin delete executive-on-loan end delete begin insert professionals in
public service end insert program, as established by this chapter.

15661.  

(a) The begin delete executive-on-loan end delete begin insert end insert begin insert professionals in public
service end insert program is hereby established within the board for the
purpose of utilizing the expertise of private-sector executives to
help make state governmental activities and practices more
streamlined and accessible to small businesses.

(b) (1) The director may appoint one or more begin delete executives on
loan end delete begin insert professionals in public service end insert under the program during the
program’s existence, however, the director shall not appoint more
than five begin delete executives on loan end delete begin insert professionals in public service end insert during
any calendar year. An entity, public or private, may recommend
candidates for the board to consider.

(2) Any person appointed as begin delete an executive on loan end delete begin insert a professional
in public service end insert 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) A person appointed as begin delete an executive on loan end delete begin insert a professional
in public service end insert 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 begin delete an executive on loan end delete begin insert a professional in public service end insert
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) A process for screening prospective appointees, including
checking backgrounds and references.

(2) A standard memorandum of understanding that stipulates
the responsibilities of each party in undertaking an executive on
loan 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 begin delete executive-on-loan end delete begin insert professionals in public service end insert
programs.

(3) A reporting process that provides sufficient information for
the director to report as set forth in subdivision (c) of Section
15663.

(d) Prior to the appointment of begin delete an executive on loan, end delete begin insert a
professional in public service, end insert the board shall approve the
procedures established by the director pursuant to subdivision (c).

(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)  begin delete An executive on loan end delete begin insert A professional in public service end insert may
serve in that capacity for up to the life of the begin delete pilot end delete program.

(g) 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)  begin delete An executive on loan end delete begin insert 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 end insert 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)  begin delete An executive on loan end delete begin insert A professional in public service end insert shall
serve on a project-based, voluntary basis, and shall be given a
timeline for completion. At the discretion of the director, the
begin delete executive on loan end delete begin insert professional in public service end insert shall have access
to an office, computer, and other related support services and
equipment as the director determines to be necessary for the
begin delete executive on loan end delete begin insert professional in public service end insert to discharge his
or her duties.

15663.  

(a)  begin delete An executive on loan end delete begin insert A professional in public
service end insert shall report directly to the director.

(b) The director shall establish an informal working group of
executives on loan 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 begin delete executive on loan end delete begin insert end insert
begin insert professional in public service end insert 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 begin delete executive on loan end delete begin insert professional
in public service end insert for three years following the placement of begin delete an
executive-on-loan end delete begin insert a professional in public service end insert .

(3) The report shall be filed in compliance with Section 9795.

(4) The final annual report shall be filed by January 1, 2019.

15664.  

This chapter shall remain in effect only until January
1, 2021, and as of that dated is repealed.

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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.

end insert