Bill Text: CA AB86 | 2017-2018 | Regular Session | Amended


Bill Title: Government innovation fellows program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2017-07-10 - In committee: Referred to APPR. suspense file. [AB86 Detail]

Download: California-2017-AB86-Amended.html

Amended  IN  Senate  June 20, 2017
Amended  IN  Assembly  April 24, 2017
Amended  IN  Assembly  April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 86


Introduced by Assembly Member Calderon
(Coauthor: Assembly Member Dababneh)

January 05, 2017


An act to add and repeal Article 7 (commencing with Section 12100.1) of 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 86, as amended, Calderon. Government innovation fellows program.
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 require the Government Operations Agency to establish and administer the government innovation fellows program to identify opportunities to apply advanced skillsets and innovative practices in effective ways to improve the delivery of state governmental services through the selection and assignment of fellows within state agencies. The bill would require, prior to the selection and assignment of a fellow, and with existing resources, the office agency Government Operations Agency to consult with state agencies and agencies, private entities entities, or other nongovernmental sources to obtain resources and administrative support for the program, including necessary equipment, and other related costs necessary for a fellow to complete an assigned project. The bill would make, among other things, selection and assignment of fellows contingent upon the receipt of sufficient funds, as determined by the agency, from private or other nongovernmental sources. The bill would require fellows to serve on a voluntary basis and for a term not to exceed 2 years and would prohibit fellows selected for the program from obtaining civil service status and supplanting the work of civil service employees of the state. The bill would authorize the Government Operations Agency to enter into a personal services contract to provide compensation to the fellow if specified conditions are met.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 individuals 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 public and 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 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.

 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. Government Innovation Fellows Program

12100.1.
 As used in this article, the following terms shall have the following meanings:
(a) “Agency” means any state agency, department, board, or commission.
(b) “Fellow” means an individual assigned to a project pursuant to the program.
(c) “Office” means the Government Operations Agency.
(d) “Program” means the government innovation fellows program, as established by this article.

12100.2.
 (a) The office shall establish and administer the government innovation fellows program as a pilot program to identify opportunities to apply advanced skillsets and innovative practices in effective ways to improve the delivery of state governmental services, including services to small businesses, services through the selection and assignment of fellows to work in state agencies. Prior to the selection and assignment of a fellow, and with existing resources, the office shall consult with state agencies and agencies, private entities entities, or other nongovernmental sources that are nonpartisan, including nonprofit corporations, to obtain resources and administrative support for the program, including necessary equipment, and other related costs necessary for a fellow to complete an assigned project. Contingent upon the receipt of sufficient funds, as determined by the office, from private state agencies, private entities, or other nongovernmental sources, sources that are nonpartisan, including nonprofit corporations, the office shall do the following:
(1) Adopt appropriate procedures for the selection of fellows for a term not to exceed two years and the assignment of fellows to short-term projects that do not exceed two years and are designed to achieve a particular outcome described in subdivision (f).
(2) Consider requests from a state agency for the assignment of a fellow to that state agency.
(3) Select and assign fellows after adoption of the procedures described in paragraph (1). No more than 10 fellows may be selected during a calendar year. It is the intent of the Legislature for the first fellow applications to be accepted on or before August 1, 2018, and then accepted on an ongoing basis.
(4) At the discretion of the head of the agency in which the fellow is assigned, provide the fellow with access to an office, computer, and other related support services and equipment that the agency determines necessary for the fellow to discharge his or her duties.
(b) The office may enter into agreements for the funding of the program with fellowship entities, governmental entities, nonprofit corporations, or industry partners. The office may enter into a personal services contract to provide compensation to a fellow if the duties of the fellow are not substantially similar to the duties of civil service employees and the contract complies with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5.
(c) A fellow selected for the program shall serve on a voluntary basis and shall not obtain civil service status nor supplant the work of civil service employees of the state. A fellow shall dedicate at least 16 hours per week to the assignment, unless a greater number of hours per week is agreed upon. A break in service shall be allowed based upon mutual agreement. A fellow shall not have a conflict of interest with the activities of the agency in which the fellow is assigned, including, but not limited to, having existing business before this agency.
(d) After the establishment of the program, the office may consult with representatives of industry, academia, and nonprofit organizations to continually identify opportunities to apply advanced skillsets and innovative practices in effective ways to improve state government and the delivery of state governmental services.
(e) It is the intent of the Legislature to encourage state agencies to do all of the following:
(1) Work with the office to identify short-term projects for fellows to work on that will have a positive effect in accomplishing the mission of the project and for population to be served.
(2) Ensure that each fellow will work closely with senior officials of the state agency for the duration of the assignment.
(3) At the discretion of the head of the agency, provide a fellow with access to an office, computer, and other related support services and equipment that the agency determines is necessary for the fellow to discharge his or her duties.
(f) The office shall consider the following as successful outcomes of the program:
(1) Improving government performance and delivery of services.
(2) Modernizing government processes.
(3) Introducing new ideas and techniques to the public sector.
(4) Increasing state organizational capacity, both in terms of technical skills and ability to engage change.

(5)Making state programs simpler, easier to access, more efficient, and more responsive to the needs and concerns of small businesses and entrepreneurs.

(g) The office shall prepare a report on the program’s ability to achieve successful outcomes and other benefits of the program and submit the report to the Legislature on or before December 31, 2019, and again on or before December 31, 2020. A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.

12100.3.
 This article shall remain in effect only until January 1, 2021, and as of that date is repealed.

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