BILL NUMBER: AB 3058 CHAPTERED 09/12/06 CHAPTER 233 FILED WITH SECRETARY OF STATE SEPTEMBER 12, 2006 APPROVED BY GOVERNOR SEPTEMBER 12, 2006 PASSED THE ASSEMBLY AUGUST 21, 2006 PASSED THE SENATE AUGUST 16, 2006 AMENDED IN SENATE AUGUST 7, 2006 AMENDED IN SENATE JUNE 7, 2006 AMENDED IN ASSEMBLY APRIL 6, 2006 INTRODUCED BY Committee on Jobs, Economic Development, and the Economy (Arambula (Chair), Houston (Vice Chair), Baca, Canciamilla, Garcia, and Liu) MARCH 6, 2006 An act to amend Sections 65054, 65054.1, and 65054.3 of, and to add Section 65054.5 to, the Government Code, relating to business disaster preparedness, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 3058, Committee on Jobs, Economic Development, and the Economy Business disaster preparedness: small businesses. Existing law sets forth the duties of the Office of Small Business Advocate. This bill would amend the duties of the Office of Small Business Advocate to include advocacy on state policy and programs related to small businesses regarding disaster preparedness and recovery, including providing technical assistance. This bill would also require the Office of Small Business Advocate to develop a Web-based handbook for small businesses on emergency preparedness, responses to emergencies, and recovery strategies. This bill would also require the Office of Small Business Advocate to conduct at least 3 meetings before July 1, 2008, and annual meetings thereafter, to share best practices for small business disaster preparedness. The meetings would be held in consultation with small business organizations and would take place at different locations throughout the state. The bill would appropriate $100,000 to the Office of Small Business Advocate to implement the responsibilities imposed by this bill. This bill would make various technical, nonsubstantive changes to correct obsolete cross-references. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65054 of the Government Code is amended to read: 65054. (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 Office of Planning and Research 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. SEC. 2. Section 65054.1 of the Government Code is amended to read: 65054.1. 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. SEC. 3. Section 65054.3 of the Government Code is amended to read: 65054.3. (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 65054, this section, and Section 65054.4. (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. SEC. 4. Section 65054.5 is added to the Government Code, to read: 65054.5. 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. 5. The sum of one hundred thousand dollars ($100,000) is hereby appropriated from the General Fund to the Office of Small Business Advocate for the purposes of this act.