BILL NUMBER: AB 582 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
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. Entrepreneur Partnership
Pilot Project Professionals in Publi c
Service Act of 2015.
Under
(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 Entrepreneur Partnership Pilot
Project Professionals in Public Service Act of
2015, which would establish the state executive-on-loan
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 an executive on loan a professional
in public service with duties as set forth in the
bill. 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- mandated
local program.
This bill would require the director of the board to accept
appointment applications for the position of an executive on
loan a professional in public
service 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.
(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: no yes .
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) 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.
SECTION 1. SEC. 2. 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. ENTREPRENEUR PARTNERSHIP PILOT PROJECT
PROFESSIONALS IN PUBLIC SERVICE ACT OF 2015
15660. (a) This chapter shall be known, and may be cited, as the
Entrepreneur Partnership Project
Professionals in Public Service 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 executive director
Secretary of the State Board of Equalization, or his or
her designee.
(3) "Executive on loan" "Professional in
public service" means an individual appointed as an
executive a professional on loan pursuant to the
executive-on-loan program.
(4) "Program" means the executive-on-loan
professionals in public service program, as established by this
chapter.
15661. (a) The executive-on-loan
professionals in public service 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 executives
on loan professionals in public service under
the program during the program's existence, however, the director
shall not appoint more than five executives on loan
professionals in public service during any
calendar year. An entity, public or private, may recommend candidates
for the board to consider.
(2) Any person appointed as an executive on loan
a professional in public service 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 an executive on loan
a professional in public service 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 an executive on loan a
professional in public service 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 executive-on-loan professionals in
public service 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 an executive on loan,
a professional in public service, 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) An executive on loan A professional in
public service may serve in that capacity for up to the life
of the pilot 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) An executive on loan 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
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) An executive on loan A professional in
public service shall serve on a project-based, voluntary
basis, and shall be given a timeline for completion. At the
discretion of the director, the executive on loan
professional in public service shall have access to an
office, computer, and other related support services and equipment as
the director determines to be necessary for the executive
on loan professional in public service to
discharge his or her duties.
15663. (a) An executive on loan A
professional in public service 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 executive
on loan professional in public service
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 executive on loan
professional in public service for three years following
the placement of an executive-on-loan a
professional in public service .
(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.
SEC. 3. 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.