BILL NUMBER: AB 2714INTRODUCED BILL TEXT INTRODUCED BY Assembly Member V. Manuel Perez FEBRUARY 19, 2010 An act to amend Section 14021 of the Corporations Code, to add Chapter 2 (commencing with Section 13986) to Part 4.5 of Division 3 of Title 2 of, and to repeal Article 7 (commencing with Section 65054) of Chapter 1.5 of Division 1 of Title 7 of, the Government Code, relating to the Office of Small Business Advocate. LEGISLATIVE COUNSEL'S DIGEST AB 2714, as introduced, V. Manuel Perez. Office of Small Business Advocate. Existing law creates the Office of Small Business Advocate in the Office of Planning and Research in the Governor's office. Existing law creates the California Small Business Development Board for the purpose of, among other things, advising the Governor and the Small Business Advocate regarding issues and programs affecting California' s small business community. This bill would move the Office of Small Business Advocate to the Business, Transportation and Housing Agency. The bill would also provide that a representative of the Office of Small Business Advocate sit on the California Small Business Development Board. 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. Section 14021 of the Corporations Code is amended to read: 14021. The board consists of the following membership: (a) The Secretary of Business, Transportation and Housing or his or her designee. (b) Six members appointed by the Governor, one of whom will serve as chair of the board, who are actively involved in the California small business community. (c) Two persons actively involved in the business or agricultural communities, one appointed by the Speaker of the Assembly and one appointed by the Senate Committee on Rules. (d) Two Members of the Legislature or their designees, one appointed by the Speaker of the Assembly and one appointed by the Senate Committee on Rules, shall serve on the board insofar as it does not conflict with the duties of the legislators. (e) A representative of the Office of Small Business Advocate. SEC. 2. Chapter 2 (commencing with Section 13986) is added to Part 4.5 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 2. CALIFORNIA SMALL BUSINESS ADVOCATE 13986. (a) The Legislature finds and declares that it is in the public interest to aid, counsel, assist, and protect, insofar as is possible, the interests of small business concerns in order to preserve free competitive enterprise and maintain a healthy state economy. (b) In order to advocate the causes of small business and to provide small businesses with the information they need to survive in the marketplace, there is created within the Business, Transportation and Housing Agency the Office of Small Business Advocate. (c) The advocate shall post on its Internet Web site the name and telephone number of the small business liaison designated pursuant to Section 14846. 13986.1. The following definitions apply to this article, unless otherwise indicated: (a) "Advocate" means the California Small Business Advocate who is also the Director of the Office of Small Business Advocate. (b) "Director" means the Director of the Office of Small Business Advocate. (c) "Office" means the Office of Small Business Advocate. 13986.3. (a) The Director of the Office of Small Business Advocate shall be appointed by, and shall serve at the pleasure of, the Governor. (b) The Governor shall appoint the employees that are needed to accomplish the purposes of Section 13986, this section, and Section 13986.4. (c) The duties and functions of the advocate shall include all of the following: (1) Serve as the principal advocate in the state on behalf of small businesses, including, but not limited to, advisory participation in the consideration of all legislation and administrative regulations that affect small businesses, and advocacy on state policy and programs related to small businesses on disaster preparedness and recovery including providing technical assistance. (2) Represent the views and interests of small businesses before other state agencies whose policies and activities may affect small business. (3) Enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by state government that are of benefit to small businesses, and information on how small businesses can participate in, or make use of, those programs and services. (4) Issue a report every two years evaluating the efforts of state agencies and, where appropriate, specific departments that significantly regulate small businesses to assist minority and other small business enterprises, and making recommendations that may be appropriate to assist the development and strengthening of minority and other small business enterprises. (5) Consult with experts and authorities in the fields of small business investment, venture capital investment, and commercial banking and other comparable financial institutions involved in the financing of business, and with individuals with regulatory, legal, economic, or financial expertise, including members of the academic community, and individuals who generally represent the public interest. (6) Determine the desirability of developing a set of rational, objective criteria to be used to define small business, and develop that criteria, if appropriate. (7) Seek the assistance and cooperation of all state agencies and departments providing services to, or affecting, small business, including the small business liaison designated pursuant to Section 14846, to ensure coordination of state efforts. (8) Receive and respond to complaints from small businesses concerning the actions of state agencies and the operative effects of state laws and regulations adversely affecting those businesses. (9) Counsel small businesses on how to resolve questions and problems concerning the relationship of small business to state government. (10) Maintain, publicize, and distribute an annual list of persons serving as small business ombudsmen throughout state government. (11) Consult with the Department of Transportation in the development and administration of the Small and Emerging Contractor Technical Assistance Program established pursuant to Article 2.6 (commencing with Section 14137) of Chapter 2 of Part 5 of Division 3 of Title 2. 13986.4. (a) Each agency of the state shall furnish to the advocate the reports, documents, and information that are public records and that the director deems necessary to carry out his or her functions under this chapter. (b) The advocate shall prepare and submit a written annual report to the Governor and to the Legislature that describes the activities and recommendations of the office. (c) The advocate may establish a centralized interactive telephone referral system to assist small and minority businesses in their operations, including governmental requirements, such as taxation, accounting, and pollution control, and to provide information concerning the agency from which more specialized assistance may be obtained. The advocate may establish and advertise a telephone number to serve this centralized interactive telephone referral system. 13986.5. In addition to its other responsibilities under this article, the advocate shall do the following: (a) Develop on its Internet Web site, and update as necessary, a handbook about emergency preparedness, responses to emergencies, and recovery strategies for small businesses. (b) Conduct, no later than July 1, 2008, at least three public meetings, and one public meeting every other year thereafter, to share best practices for small business disaster preparedness. The meetings shall be held in consultation with regional and statewide small business organizations and shall take place in different locations throughout the state. SEC. 3. Article 7 (commencing with Section 65054) of Chapter 1.5 of Division 1 of Title 7 of the Government Code is repealed.