BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 2330
          Author:   Arambula (D)
          Amended:  5/1/06 in Assembly
          Vote:     27

           
           SENATE BUS., PROF. & ECON. DEV. COMMITTEE  :  3-1, 6/26/06
          AYES:  Figueroa, Florez, Simitian
          NOES:  Aanestad
          NO VOTE RECORDED:  Morrow
           
          SENATE APPROPRIATIONS COMMITTEE  :  11-2, 8/7/06
          AYES:  Murray, Alarcon, Alquist, Battin, Dutton, Escutia,  
            Florez, Ortiz, Poochigian, Romero, Torlakson
          NOES:  Aanestad, Ashburn

           ASSEMBLY FLOOR  :  80-0, 5/30/06 - See last page for vote


           SUBJECT  :    Small businesses:  Office of the Small Business  
          Advocate

           SOURCE  :     California Chamber of Commerce
                      California Small Business Association
                      Office of the State Controller


           DIGEST  :    This bill requires the Office of the Small  
          Business Advocate to have a study prepared by October 1,  
          2007, regarding the cost impact of state regulations on  
          small businesses.

           ANALYSIS  :    
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          Existing law:

          1.Creates the Office of the Small Business Advocate (OSBA)  
            under the Governor's Office of Planning and Research. 

          2.Requires the OSBA to report to the Governor and the  
            Legislature every two years on the efforts of the state  
            to assist minority and other small businesses, and makes  
            recommendations on how to strengthen them.

          3.Establishes the Office of Administrative Law as the  
            entity with purview over the state's regulatory process,  
            including assessing the impact of proposed regulations on  
            small businesses and consideration of reasonable  
            alternatives that would lessen identified adverse  
            impacts. 

          This bill:

          1.Requires the OSBA to commission a study on the effect and  
            cost impact of state regulations on California small  
            businesses, due no later than October 1, 2007, parallel  
            to the scope of a similar study by the federal Small  
            Business Administration (SBA) Office of Advocacy. 

          2.Requires the study to examine successful models from  
            other states, identify regulatory costs, and develop  
            potential alternative approaches to meeting the same  
            regulatory objectives with fewer burdens to small  
            businesses. 

          3.Requires the study to make recommendations on how  
            California's regulatory process can assess a regulation's  
            impact, including the cumulative impact on small business  
            and methods for developing appropriate policy  
            alternatives. 

          4.Requires that the report must avoid making  
            recommendations that could diminish wage and hour, social  
            insurance, or health and safety protections for  
            California workers.

          5.Requires OSBA to convene a small business advisory  







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            committee to provide advice on the development of the  
            report. 

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

             Major Provisions                2006-07     2007-08     
             2008-09               Fund  

            Study               $85                            
            General

           SUPPORT  :   (Verified  8/10/06)

          California Chamber of Commerce (co-source)
          California Small Business Association (co-source)
          Office of the State Controller (co-source)
          Automotive Aftermarket Services, Inc. 
          California Association for Local Economic Development 
          California Independent Oil Marketers Association
          California Manufacturers and Technology Association
          California Metals Coalition
          California Spa and Pool Industry Education Council
          Fresno Area Chamber of Commerce
          Greater Riverside Chambers of Commerce
          Lumber Association of California and Nevada
          National Federation of Independent Business
          Palm Desert Chamber of Commerce
          Simi Valley Chamber of Commerce
          Small Business Action Committee
          Small Business California
          State Farm Insurance Companies
          Thousand Oaks/Westlake Village Regional Chamber of Commerce
          Tulare Chamber of Commerce
          United Chambers of Commerce of the San Fernando Valley


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          regulatory burdens and costs continue to be a major concern  
          for small businesses.  Research shows that small businesses  







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          continue to bear a disproportionate share of the federal  
          regulatory burden. 

          The cost of California regulations for small businesses is  
          unknown.  Although state agencies are required to consider  
          the effects of adopted regulations on the California  
          economy, in general, and on small business specifically,  
          state agencies are not required to consider the cumulative  
          cost impact of regulations.  The author's office argues  
          that those costs must be analyzed in order to fully measure  
          the impact of regulations on small businesses.  This would  
          help policymakers reduce or design more cost-effective  
          regulatory approaches that achieve desired policy  
          objectives while placing the least burden on the regulated  
          industry.

          Supporters of this bill contend that by the very nature of  
          their size, the operation of small businesses requires that  
          owners "wear several hats," handling numerous compliance  
          issues not directly related to the productive purpose of  
          their businesses.  Time away from actual production of  
          goods or services equates to lost time and money.  

          Supporters also note the importance of the advisory  
          committee required in this bill.  Input from businesses  
          that are financially impacted by regulations will be  
          critical in designing the study.  Additionally, large  
          manufacturers are concerned that their smaller suppliers  
          are not disproportionately burdened by regulatory  
          requirements and costs that limit their ability to remain  
          profitable in the state.


           ASSEMBLY FLOOR  : 
          AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,  
            Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,  
            Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,  
            DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,  
            Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley  
            Horton, Houston, Huff, Jones, Karnette, Keene, Klehs,  
            Koretz, La Malfa, La Suer, Laird, Leno, Leslie, Levine,  
            Lieber, Lieu, Liu, Matthews, Maze, McCarthy, Montanez,  
            Mountjoy, Mullin, Nakanishi, Nation, Nava, Negrete  
            McLeod, Niello, Oropeza, Parra, Pavley, Plescia, Richman,  







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            Ridley-Thomas, Sharon Runner, Ruskin, Saldana, Salinas,  
            Spitzer, Strickland, Torrico, Tran, Umberg, Vargas,  
            Villines, Walters, Wolk, Wyland, Yee, Nunez


          JJA:do  8/10/06   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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