BILL NUMBER: AB 582 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 15, 2016
AMENDED IN ASSEMBLY MAY 4, 2015
AMENDED IN ASSEMBLY APRIL 21, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Calderon
FEBRUARY 24, 2015
An act relating to add Article 7
(commencing with Section 12100.1) to Chapter 1.6 of Part 2 of
Division 3 of Title 2 of the Government Code, relating to state
government.
LEGISLATIVE COUNSEL'S DIGEST
AB 582, as amended, Calderon. Professionals in public
service: pilot program work group.
Entrepreneur-in-Residence Act of 2016.
Existing law establishes within the Governor's office the
Government Operations Agency, which consists of several state
agencies, including the Department of General Services and the
Department of Technology, and is governed by the Secretary of
Government Operations.
This bill would enact the Entrepreneur-in-Residence Act of 2016,
which would establish the state entrepreneur-in-residence program
within the Government Operations Agency for the purpose of utilizing
the expertise of private-sector entrepreneurs to help make state
governmental activities and practices more streamlined and
accessible. The program would authorize the Secretary of Government
Operations to appoint a maximum of 10 persons each year to serve
within a state agency as an entrepreneur-in-residence, with duties as
established in the bill, on a voluntary basis. The bill would
require the secretary to accept appointment applications for the
position of an entrepreneur-in-residence and to establish prescribed
procedures for complying with the bill no later than March 1, 2017.
The bill would also require the secretary to establish an informal
working group of entrepreneurs-in-residence to discuss best
practices, experiences, obstacles, opportunities, and
recommendations, and to report on the program to the Governor and the
Assembly Committee on Jobs, Economic Development, and the Economy,
as specified.
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.
Existing 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.
This 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,
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(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.
(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.
(c) Creativity and efficiency should not be limited to the private
sector, but rather should be embraced and developed to further the
public interest.
(d) Allowing the most creative private sector professionals to
volunteer their time and expertise to make government work better
and be more streamlined for its citizens would permit the
state to utilize this creativity for the benefit of all its citizens.
(e) Establishing a professionals in public service
program, in program within a California state
agency would permit implementation of a model that has been applied
successfully by a variety of public and private entities and has
proven to be a useful tool to help various processes become more
efficient.
SEC. 2. (a) The Legislative Analyst and the
California State Auditor shall collaboratively convene a work group
for the purposes of determining the most appropriate state agency to
house a professionals in public service pilot program with the goal
of making state government activities and practices more streamlined
and accessible to small businesses.
(b) The Legislative Analyst and the California State Auditor shall
report the work group's recommendations to the Legislature on or
before December 31, 2016. The report shall be submitted as set forth
in Section 9795 of the Government Code.
(c) This section is repealed on January 1, 2017.
SEC. 2. Article 7 (commencing with Section
12100.1) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2
of the Government Code , to read:
Article 7. Entrepreneur-in-Residence Act of 2016
12100.1. This article shall be known and may be cited as the
Entrepreneur-in-Residence Act of 2016.
12100.2. As used in this article, the following terms shall have
the following meanings:
(a) "Agency" means any state agency, department, or commission.
(b) "Entrepreneur-in-residence" means an individual appointed to a
position under the program.
(c) "Office" means the Government Operations Agency.
(d) "Program" means the entrepreneur-in-residence program, as
established by this article.
(e) "Secretary" means the Secretary of the Government Operations
Agency, or his or her designee.
12100.3. (a) The state entrepreneur-in-residence program is
hereby established within the office for the purpose of utilizing the
expertise of private-sector entrepreneurs to help make state
governmental activities and practices more streamlined and
accessible.
(b) (1) The secretary may appoint one or more
entrepreneurs-in-residence under the program during each year,
however, the secretary shall not appoint more than 10
entrepreneurs-in-residence during any calendar year. The secretary,
with the approval of the state agency, may appoint an
entrepreneur-in-residence to any state agency.
(2) Any person appointed as an entrepreneur-in-residence 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) Any person appointed as an entrepreneur-in-residence shall not
have a conflict of interest with the activities of the state agency
where he or she is placed, including, but not limited to, having any
existing business before the state agency in which he or she is
proposed to be placed or is placed.
(c) The secretary shall accept appointment applications for the
position of an entrepreneur-in-residence and establish procedures for
complying with this article no later than March 1, 2017. Among other
requirements, the procedures shall include the following:
(1) A process for engaging with and receiving approval from state
agencies about prospective appointments.
(2) A process for screening prospective appointees, including
checking background and references.
(3) A standard memorandum of understanding that stipulates the
responsibilities of each party in undertaking an
entrepreneurship-in-residence under the program, including, but not
limited to, hours, duties, goals, expected outcomes, agency support,
and office participation. This standard memorandum of understanding
shall be a model that shall be adapted to address each individual
placement to create the memorandum of understanding into which the
appointee, the agency, and the office enter.
(d) As a condition of having a placement of an
entrepreneur-in-residence, the state agency shall agree to the
procedures set by the secretary pursuant to subdivision (c).
(e) Before the effective date of an appointment under this
article, every individual selected to participate in the program
shall have entered into a memorandum of understanding with the
secretary and the head of the state agency where the entrepreneur
will serve. The memorandum of understanding shall be specific to the
placement and clearly identify the hours, duties, goals, expected
outcomes, agency support, and office participation. The memorandum of
understanding shall set the benchmarks and metrics for evaluating
the success of the placement.
(f) In administering the entrepreneur-in-residence program, the
secretary shall appoint entrepreneurs-in-residence in a variety of
interested agencies. However, to the extent practicable, the
secretary shall not appoint more than two entrepreneurs-in-residence
to positions in the same agency during the same year.
(g) An entrepreneur-in-residence may serve as an
entrepreneur-in-residence for no longer than two years.
12100.4. (a) An entrepreneur-in-residence shall have all of the
following duties:
(1) Providing recommendations to the head of the state agency the
entrepreneur-in-residence serves on how to streamline, eliminate, or
modify potentially inefficient or duplicative activities, processes,
and programs, if any, at the state agency.
(2) Providing recommendations to the head of the state agency the
entrepreneur-in-residence serves on methods to improve program
efficiency at the state agency or new initiatives, if any, that may
be instituted at the state agency to address the needs of small
businesses and entrepreneurs.
(3) Assisting the state agency the entrepreneur-in-residence
serves 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 state agency the
entrepreneur-in-residence is serving.
(B) Facilitating in-service sessions with employees of the office
and the state agency the entrepreneur-in-residence is serving 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 office and
the state agency the entrepreneur-in-residence is serving.
(b) An entrepreneur-in-residence shall serve on a voluntary basis,
and shall dedicate at least 16 hours per week to the program, unless
a greater number of hours per week is otherwise agreed upon. At the
discretion of the head of a participating state agency, the
entrepreneur-in-residence shall have access to an office, computer,
and other related support services and equipment from the
participating state agency as the state agency determines to be
necessary for the entrepreneur-in-residence to discharge his or her
duties.
(c) An entrepreneur-in-residence shall report directly to the head
of the state agency in which the entrepreneur-in-residence is
serving and shall also keep the secretary of the office updated on
his or her activities, findings, and recommendations.
12100.5. (a) The secretary shall establish an informal working
group of entrepreneurs-in-residence to discuss best practices,
experiences, obstacles, opportunities, and recommendations.
(b) (1) The secretary 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 the following:
(A) A progress report on the activities of each
entrepreneur-in-residence 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 state 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 state to the private
sector.
(iii) Strengthening coordination and interaction between the state
and the private sector on issues relevant to entrepreneurs and small
business concerns.
(2) The requirement for submitting a report imposed under
paragraph (1) of this subdivision is inoperative on January 1, 2021,
pursuant to Section 10231.5.
(3) It is anticipated that program impacts will not be fully
measurable until recommended changes and activities are fully
implemented. The office and the agency where an
entrepreneur-in-residence is placed shall continue measuring and
reporting the impact of the activities of the
entrepreneur-in-residence for three years following the placement of
an entrepreneur-in-residence.