AB 582,
as amended, Calderon. Professionalsbegin delete in Public Service Act of 2015.end deletebegin insert in public service: pilot program work group.end insert
Existing law establishes the California State Auditor’s Office within state government under the direction of the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. Existing law makes that office independent of the executive branch and legislative control and places it under the direction of the California State Auditor.
end insertbegin insertExisting law establishes the Joint Legislative Budget Committee consisting of 8 Members of the Senate and 8 Members of the Assembly, authorizes the committee to appoint the Legislative Analyst, and sets forth his or her duties.
end insertbegin insertThis bill would require the Legislative Analyst and the California State Auditor to convene a work group for the purposes of determining the most appropriate state agency to house a pilot professionals in public service program with the goal of making state government activities and practices more streamlined and accessible to small businesses. The bill would require that the recommendations of the work group be reported to the Legislature by December 31, 2016, and would repeal these provisions on January 1, 2017,
end insert(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.
end deleteThis 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.
end deleteThis bill would require the director of the board to 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, and 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 professionals in public service to discuss best practices, experiences, obstacles, opportunities, and recommendations.
end deleteThis 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 March 31, 2021.
end deleteThis bill would repeal these provisions January 1, 2022.
end delete(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 deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
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.
11(d) begin deleteThe Professionals in Public Service Act of 2015 applies a begin insertAllowing end insertthe
12philosophy of success to state government, allowing end delete
13most creative private sector professionals to volunteer their time
14and expertise to make government work better for its citizensbegin insert would
15permit the state to utilize end insertbegin insertthis creativity for the benefit of all its
16citizensend insert.
17(e) Establishingbegin delete theend deletebegin insert
aend insert professionals in public servicebegin delete programend delete
18begin insert program,end insert in a California state agencybegin delete isend deletebegin insert would permit
19implementation ofend insert a model that has been applied successfully by
20a variety of public and private entities and has proven to be a useful
21tool to help various processes become more efficient.
22(f) It is the intent of the Legislature that the Professionals in
23Public Service Act of 2015 serve as a model for similar measures
24authorizing other state agencies to utilize and
adopt similar
25programs, where applicable, to support and streamline activities
26associated with their regulatory responsibilities.
Chapter 4 (commencing with Section 15660) is added
28to Part 9 of Division 3 of Title 2 of the Government Code, to read:
29
(a) This chapter shall be known, and may be cited, as
33the Professionals in Public Service Act of 2015.
P4 1(b) As used in this chapter, the following terms have the
2following meanings:
3(1) “Board” means the State Board of Equalization.
4(2) “Director” means the Secretary of the State Board of
5Equalization, or his or her designee.
6(3) “Professional in public service” means an individual
7appointed as a professional
pursuant to the program.
8(4) “Program” means the professionals in public service
9program, as established by this chapter.
(a) The professionals in public service program is
11hereby established within the board for the purpose of utilizing
12the expertise of private-sector professionals to help make state
13governmental activities and practices more streamlined and
14accessible to small businesses.
15(b) The
board shall, by March 1, 2016, adopt procedures for
16implementing the program, and shall begin accepting applications
17within 60 days after their adoption. At a minimum, the procedures
18shall include all of the following:
19(1) The director may appoint one or more
professionals in public
20service under the program during the program’s existence,
21however, the director shall not appoint more than five professionals
22in public service during any calendar year.
23(2) Nominations for appointment may be submitted by any
24entity, public or private.
25(3) An application for appointment may be submitted in writing
26on a form developed by the board, or through an online application
27process established by the board.
28(4) Any person appointed as a professional in public service
29shall meet at least one of the following qualifications:
30(A) The individual shall have demonstrated success in working
31with California small businesses and entrepreneurs.
32(B) The
individual shall have successfully developed, invented,
33or created a product and brought the product to the marketplace.
34(5) A person appointed as a professional in public service shall
35not have a conflict of interest with the activities of the board,
36including, but not limited to, having any existing business before
37the board.
38(6) A process for screening prospective appointees, including
39checking backgrounds and references.
P5 1(7) A standard memorandum of understanding that stipulates
2the responsibilities of each party in undertaking
a professional in
3public service under the program, including, but not limited to,
4duties, goals, expected outcomes, administrative support, and office
5participation. This standard memorandum of understanding may
6function as a model for future professionals in public service
7programs.
8(8) A reporting process that provides sufficient information for
9the director to report as set forth in subdivision (c) of Section
1015663.
11(c) Prior to the appointment of a professional in public service,
12the board shall approve the procedures established by the director
13pursuant to subdivision (b).
14(d) The appointment of a professional in public service shall be
15made no later than August 1, 2016. The final date of service of a
16professional in public service appointed under this chapter shall
17be December 31, 2017.
18(e) Before
the effective date of an appointment under this
19chapter, every individual selected to participate in the program
20shall have entered into a memorandum of understanding with the
21director. The memorandum of understanding shall be specific as
22to the placement and clearly identify the duties, goals, expected
23outcomes, administrative support, and office participation. The
24memorandum of understanding shall set the benchmarks and
25metrics for evaluating the success of the placement.
26(f) Procedures adopted pursuant to this chapter are hereby
27exempted from the rulemaking provisions of the Administrative
28Procedure Act (Chapter 3.5 (commencing with Section 11340) of
29Part 1).
(a) Subject to the confidentiality requirements of
31Section 15619 of this code and of the Revenue and Taxation Code
32applicable to the board, and pursuant to an agreement that satisfies
33Section 6830 of the Revenue and Taxation Code, a professional
34in public service shall have all of the following duties:
35(1) Providing recommendations to the board on how to
36streamline, eliminate, or modify potentially inefficient or
37duplicative activities, processes, and programs, if any, of the board.
38(2) Providing recommendations to the board on methods to
39improve program efficiency at the board or new initiatives, if any,
P6 1that
may be instituted at the board to address the needs of small
2businesses and entrepreneurs.
3(3) Assisting the board in improving outreach and service to
4small business concerns and entrepreneurs including, but not
5limited to, the following:
6(A) Facilitating meetings and forums to educate small businesses
7and entrepreneurs on programs or initiatives of the board.
8(B) Facilitating in-service sessions with employees of the board
9on issues of concern to entrepreneurs and small businesses.
10(C) Providing technical assistance or mentorship to small
11businesses and entrepreneurs in accessing programs at the board.
12(b) A professional in public service shall serve on a
13project-based, voluntary basis, and shall be given a timeline for
14completion. At the discretion of the director, the professional in
15public service shall have access to an office, computer, and other
16related support services and equipment as the director determines
17to be necessary for the
professional in public service to discharge
18his or her duties.
(a) A professional in public service shall report directly
20to the director.
21(b) The director shall establish an informal working group of
22professionals in public service to discuss best practices,
23experiences, obstacles, opportunities, and recommendations.
24(c) (1) Notwithstanding any law, including, but not limited to,
25Section 10231.5, the director shall annually prepare and submit to
26the
Governor and the Assembly Committee on Jobs, Economic
27Development, and the Economy a report on the program. The
28report, at a minimum, shall include all of the following:
29(A) A progress report on the activities of each professional in
30public service during the reporting period, based on the applicable
31memorandum of understanding.
32(B) A general summary on how the overall program is
33addressing the goals of the program, which are as follows:
34(i) Making board-administered programs simpler, easier to
35access, more efficient, and more responsive to the needs and
36concerns of small businesses and entrepreneurs.
37(ii) Providing for better outreach by the board to the private
38sector.
P7 1(iii) Strengthening coordination and interaction between the
2board and the private sector on issues relevant to entrepreneurs
3and small business concerns.
4(2) It is anticipated that program impacts will not be fully
5measurable until recommended changes and activities are fully
6implemented. The director shall continue measuring and reporting
7the impact of the activities of the professional in public service for
8three years following the placement of a professional in public
9service.
10(3) The report shall be filed in compliance with Section 9795.
11(4) The final annual report shall be filed by
March 31, 2021.
12After the final report is filed, no further reporting is required under
13this chapter.
This chapter shall remain in effect only until January
151, 2022, and as of that dated is repealed.
No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.
(a) The Legislative Analyst and the California State
26Auditor shall collaboratively convene a work group for the
27purposes of determining the most appropriate state agency to
28house a professionals in public service pilot program with the goal
29of making state government activities and practices more
30streamlined and accessible to small businesses.
31(b) The Legislative Analyst and the California State Auditor
32shall report the work group’s recommendations to the Legislature
33on or before December 31, 2016. The report shall be
submitted
34as set forth in Section 9795 of the Government Code.
35(c) This section is repealed on January 1, 2017.
end insertO
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