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 providebegin insert thatend insert 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 tobegin delete accept appointment applications for the position of a professional in public service and to establish prescribed procedures for complying with the billend deletebegin insert adopt procedures for implementing the programend insert
by March 1, 2016.begin insert The bill would preclude appointment of a professional in public service after August 1, 2016, and would establish the final date of service under the appointment as December 31, 2017.end insert The bill would require the director to establish an informal working group ofbegin delete executives on loanend deletebegin insert professionals in public serviceend insert 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 duebegin delete January 1, 2019.end deletebegin insert
March 31, 2021.end insert
This bill would repeal these provisionsbegin delete January 12, 2021end deletebegin insert January 1, 2022end 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.
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:
The Legislature finds and declares the following:
2(a) California is home to some of the most innovative and
3resourceful entrepreneurs in the world, making it the nation’s leader
4in technology and related industries.
5(b) The state should harness this innovation and leverage it to
6provide the best possible customer service to all of its citizens in
7the most cost-effective, efficient, and creative manner.
8(c) Creativity and efficiency should not be limited to the private
9sector, but rather should be embraced and developed to further the
10
public interest.
P3 1(d) The Professionals in Public Service Act of 2015 applies a
2philosophy of success to state government, allowing the most
3creative private sector professionals to volunteer their time and
4expertise to make government work better for its citizens.
5(e) Establishing the professionals in public service program in
6a California state agency is a model that has been applied
7successfully by a variety of public and private entities and has
8proven to be a useful tool to help various processes become more
9efficient.
10(f) It is the intent of the Legislature that the Professionals in
11Public Service Act of 2015 serve as a model for similar measures
12authorizing other state agencies to utilize and
adopt similar
13programs, where applicable, to support and streamline activities
14associated with their regulatory responsibilities.
Chapter 4 (commencing with Section 15660) is added
16to Part 9 of Division 3 of Title 2 of the Government Code, to read:
17
(a) This chapter shall be known, and may be cited, as
21the Professionals in Public Service Act of 2015.
22(b) As used in this chapter, the following terms have the
23following meanings:
24(1) “Board” means the State Board of Equalization.
25(2) “Director” means the Secretary of the State Board of
26Equalization, or his or her designee.
27(3) “Professional in public service” means an individual
28appointed as a professionalbegin delete on loan pursuantend deletebegin insert
pursuantend insert to the
29program.
30(4) “Program” means the professionals in public service
31program, as established by this chapter.
(a) The professionals in public service program is
33hereby established within the board for the purpose of utilizing
34the expertise of private-sectorbegin delete executivesend deletebegin insert professionalsend insert to help
35make state governmental activities and practices more streamlined
36and accessible to small businesses.
37(b) begin delete(1)end deletebegin delete end deletebegin deleteThe director end deletebegin insertThe
board shall, by March 1, 2016, adopt
38procedures for implementing the program, and shall begin
39accepting applications within 60 days after their adoption. At a
40minimum, the procedures shall include all of the following:end insert
P4 1begin insert(1)end insertbegin insert end insertbegin insertThe directorend insert may appoint one or more
professionals in public
2service under the program during the program’s existence,
3however, the director shall not appoint more than five professionals
4in public service during any calendar year.begin delete Anend delete
5begin insert(2)end insertbegin insert end insertbegin insertNominations for appointment may be submitted by anyend insert entity,
6public orbegin delete private, may recommend candidates for the board to begin insert private.end insert
7consider.end delete
8(3) An application for appointment may be submitted in writing
9on a form developed by the board, or through an online application
10process established by the board.
34 11(2)
end delete
12begin insert(4)end insert Any person appointed as a professional in public service
13shall meet at least one of the following qualifications:
14(A) The individual shall have demonstrated success in working
15with California small businesses and entrepreneurs.
16(B) The
individual shall have successfully developed, invented,
17or created a product and brought the product to the marketplace.
P4 1 18(3)
end delete
19begin insert(5)end insert A person appointed as a professional in public service shall
20not have a conflict of interest with the activities of the board,
21including, but not limited to, having any existing business before
22the board.
23(c) The director shall accept appointment applications for the
24position of a professional in public service and shall establish
25procedures for complying with this chapter by March 1, 2016.
26Among other requirements, the procedures shall include all of the
27following:
10 28(1)
end delete
29begin insert(6)end insert A process for screening prospective appointees, including
30checking backgrounds and references.
12 31(2)
end delete
32begin insert(7)end insert A standard memorandum of understanding that stipulates
33the responsibilities of each party in undertakingbegin delete an executive on begin insert
a professional in public serviceend insert under the program, including,
34loanend delete
35but not limited to, duties, goals, expected outcomes, administrative
36support, and office participation. This standard memorandum of
37understanding may function as a model for future professionals in
38public service programs.
19 39(3)
end delete
P5 1begin insert(8)end insert A reporting process that provides sufficient information for
2the director to report as set forth in subdivision (c) of Section
315663.
22 4(d)
end delete
5begin insert(c)end insert Prior to the appointment of a professional in public service,
6the board shall approve the procedures established by the director
7pursuant to subdivisionbegin delete (c).end deletebegin insert (b).end insert
8(d) The appointment of a professional in public service shall be
9made no later than August 1, 2016. The final date of service of a
10professional in public service appointed under this chapter shall
11be December 31, 2017.
12(e) Before
the effective date of an appointment under this
13chapter, every individual selected to participate in the program
14shall have entered into a memorandum of understanding with the
15director. The memorandum of understanding shall be specific as
16to the placement and clearly identify the duties, goals, expected
17outcomes, administrative support, and office participation. The
18memorandum of understanding shall set the benchmarks and
19metrics for evaluating the success of the placement.
20(f) A professional in public service may serve
in that capacity
21for up to the life of the program.
35 22(g)
end delete
23begin insert(f)end insert Procedures adopted pursuant to this chapter are hereby
24exempted from the rulemaking provisions of the Administrative
25Procedure Act (Chapter 3.5 (commencing with Section 11340) of
26Part 1).
(a) Subject to the confidentiality requirements of
28Section 15619 of this code and of the Revenue and Taxation Code
29applicable to the board, and pursuant to an agreement that satisfies
30Section 6830 of the Revenue and Taxation Code, a professional
31in public service shall have all of the following duties:
32(1) Providing recommendations to the board on how to
33streamline, eliminate, or modify potentially inefficient or
34duplicative activities, processes, and programs, if any, of the board.
35(2) Providing recommendations to the board on methods to
36improve program efficiency at the board or new initiatives, if any,
37that
may be instituted at the board to address the needs of small
38businesses and entrepreneurs.
P6 1(3) Assisting the board in improving outreach and service to
2small business concerns and entrepreneurs including, but not
3limited to, the following:
4(A) Facilitating meetings and forums to educate small businesses
5and entrepreneurs on programs or initiatives of the board.
6(B) Facilitating in-service sessions with employees of the board
7on issues of concern to entrepreneurs and small businesses.
8(C) Providing technical assistance or mentorship to small
9businesses and entrepreneurs in accessing programs at the board.
10(b) A professional in public service shall serve on a
11project-based, voluntary basis, and shall be given a timeline for
12completion. At the discretion of the director, the professional in
13public service shall have access to an office, computer, and other
14related support services and equipment as the director determines
15to be necessary for the
professional in public service to discharge
16his or her duties.
(a) A professional in public service shall report directly
18to the director.
19(b) The director shall establish an informal working group of
20begin delete executives on loanend deletebegin insert professionals in public serviceend insert to discuss best
21practices, experiences, obstacles, opportunities, and
22recommendations.
23(c) (1) Notwithstanding any law, including, but not limited to,
24Section 10231.5, the director shall annually prepare and submit to
25the
Governor and the Assembly Committee on Jobs, Economic
26Development, and the Economy a report on the program. The
27report, at a minimum, shall include all of the following:
28(A) A progress report on the activities of each professional in
29public service during the reporting period, based on the applicable
30memorandum of understanding.
31(B) A general summary on how the overall program is
32addressing the goals of the program, which are as follows:
33(i) Making board-administered programs simpler, easier to
34access, more efficient, and more responsive to the needs and
35concerns of small businesses and entrepreneurs.
36(ii) Providing for better outreach by the board to the private
37sector.
38(iii) Strengthening coordination and interaction between the
39board and the private sector on issues relevant to entrepreneurs
40and small business concerns.
P7 1(2) It is anticipated that program impacts will not be fully
2measurable until recommended changes and activities are fully
3implemented. The director shall continue measuring and reporting
4the impact of the activities of the professional in public service for
5three years following the placement of a professional in public
6service.
7(3) The report shall be filed in compliance with Section 9795.
8(4) The final annual report shall be filed bybegin delete January 1, 2019.end delete
9begin insert
March 31, 2021. After the final report is filed, no further reporting
10is required under this chapter.end insert
This chapter shall remain in effect only until January
121,begin delete 2021,end deletebegin insert 2022,end insert and as of that dated is repealed.
No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.
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