BILL ANALYSIS                                                                                                                                                                                                    







           ----------------------------------------------------------- 
          |SENATE COMMITTEE ON RULES        |       2009-2010 Regular |
          |                                 |Session                  |
           ----------------------------------------------------------- 
          SENATOR Darrell Steinberg , CHAIRMAN
          _____________________staff analysis
                                                     Fiscal:  No
          Hearing:  June 24, 2009
                                                     Urgency:  Yes

          BILL NO:   AB 573
          AUTHOR:    Portantino
          AMENDED:   April 28, 2009

           SUBJECT  :  California Council on Science and Technology:  
          fellows

           SOURCE  :  California Council on Science and Technology  
          (CCST)

           DIGEST  :  This bill would clarify that the services of a  
          California Science and Technology Policy Fellow provided by  
          the California Council on Science and Technology and  
          authorized by the Senate Committee on Rules, the Assembly  
          Committee on Rules, or the Joint Committee on Rules are not  
          compensation, a reward, or a gift to a Member of the  
          Legislature. The bill would also clarify that a fellow is  
          not an employee of either house of the Legislature. In  
          addition, the bill would require that a fellow be selected  
          according to criteria, and pursuant to a process, approved  
          by the Senate Committee on Rules, the Assembly Committee on  
          Rules, or the Joint Committee on Rules. The bill would  
          further require the council to execute a Memorandum of  
          Understanding with the Senate Committee on Rules, the  
          Assembly Committee on Rules, or the Joint Committee on  
          Rules that outlines standards of conduct, economic interest  
          disclosure requisites, and other requirements for a fellow.

           ANALYSIS  :   Current law  states that no member or employee of  
          the legislature can "receive or agree to receive, directly  
          or indirectly, any compensation,  reward, or gift from any  
          source except the State of California for any service,  
          advice, assistance or other matter related to the  
                                                              
          Continued




                                                                 AB 573  
                                                                Page 2



          legislative process," except under specified circumstances.

           This bill  would add a section to the Government Code  
          providing an exception to current law that the California  
          Science and Technology Policy Fellows should not be  
          considered a reward, gift, or compensation, and that the  
          Fellows are not employees of the legislature.

          This bill also creates two requirements for the fellowship  
          program:

             1.   That the fellows are selected according to criteria  
               and pursuant to a process approved by the Senate  
               Committee on Rules, the Assembly Committee on Rules,  
               or the Joint Committee on Rules.

             2.   That the fellows be subject to a Memorandum of  
               Understanding executed by CCST with the Senate  
               Committee on Rules, the Assembly Committee on Rules,  
               or the Joint Committee on Rules that outlines the  
               "standards of conduct, economic interest disclosure  
               requisites and other requirements specified" or other  
               requirements deemed necessary by the Senate Committee  
               on Rules, the Assembly Committee on Rules, or the  
               Joint Committee on Rules.

           COMMENTS  :  

           California Council on Science and Technology:
           The CCST, sponsor of the bill, is a nonprofit and  
          nonpartisan corporation established in 1988 by the  
          legislature (ACR 162, Resolution Chapter 148, Statutes of  
          1988) "to provide expert science and technology expertise  
          and advice." Their letter of support states that the  
          California Science and Technology Policy Fellows is a  
          method to further its legislative mandate.

          CCST is governed by a Board of Directors, representing many  
          of the educational institutions in California, such as the  
          University of California, California State University,  
          California Community Colleges, the University of Southern  
          California, Stanford, and the California Institute of  
          Technology. 
                                                                       






                                                                 AB 573  
                                                                Page 3




           California Science and Technology Fellowships:
           These fellowships would be modeled after the 35-year old  
          Congressional Fellows Program of the American Association  
          for the Advancement of Science.  The pilot program would  
          begin in the fall of 2009.  A Fellow Training Program would  
          be implemented for 10 fellows per year.  Fellows would be  
          Ph.D.-level or equivalent students.  Each fellow would  
          serve a one-year appointment with an individual legislator.  
           Placements would be determined by the legislature.   
          Fellows would be selected by CCST based on the  
          recommendations of a selection committee created for this  
          purpose.

          CCST recently received a $7 million grant from the Gordon  
          and Betty Moore Foundation, among others, that would fund  
          the placement of 10 fellows per year beginning in December  
          2009.  Fellows would be paid a stipend by CCST, and would  
          be directly supervised by the legislator or committee with  
          whom they will serve.  Terms of selection, conduct, roles,  
          responsibilities, and termination must be agreed upon by  
          CCST with the Legislature.  The bill requires that these  
          terms be agreed upon before placement of fellows within the  
          legislature.

           Precedent:
           The California Science and Technology Policy Fellowships  
          would be the first program in the nation to place  
          Ph.D-level (or equivalent) scientists and engineers in a  
          formal fellowship program of a state legislature. It would  
          also set a precedent of allowing non-state funded personnel  
          to act as staff, as existing fellowship programs are state  
          funded.

           Bill History:
           This bill received no opposition in the Assembly Committees  
          on Higher Education and Rules and passed without opposition  
          on the Assembly Floor.

           SUPPORT  :  

          BayBio
          California Association for Local Economic Development
                                                                       






                                                                 AB 573  
                                                                Page 4



          California Council on Science and Technology (sponsor)
          California Space Authority
          California State University, Los Angeles
          Larta Institute
          Southern California Biomedical Council
          Stanford University
          The California State University
          University of California
          University of Southern California

           OPPOSE  :  

          No opposition on file


          SENATE RULES COMMITTEE:  Sandy Kenyon/651-4153
          
                                   ***END***