BILL NUMBER: AB 1009 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 25, 2009
AMENDED IN ASSEMBLY MAY 6, 2009
INTRODUCED BY Assembly Member V. Manuel Perez
FEBRUARY 27, 2009
An act to amend Section 14030 of, and to add and repeal Section
14077 of, the Corporations Code, relating to small business, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1009, as amended, V. Manuel Perez. Small business: Direct Loan
Program.
The California Small Business Financial Development Corporation
Law authorizes the formation of small business financial development
corporations to grant loans or loan guarantees for the purpose of
stimulating small business development and imposes certain duties
with respect thereto on a director designated by the Secretary of
Business, Transportation and Housing. The California Small Business
Expansion Fund, a continuously appropriated fund, provides funds to
be used to pay for defaulted loan guarantees and administrative costs
of these corporations.
This bill would require the secretary to develop and implement,
until January 1, 2015, a Direct Loan Program to provide loans to
small businesses meeting certain requirements. The bill would require
the maximum loan limit to be $500,000 and would require all
loans to have a guarantee from a federal agency or department
. The bill would establish the Direct Loan Account in the
California Small Business Expansion Fund and would continuously
appropriate all moneys in that account for purposes of implementing
and administering the program. The bill would authorize a public
entity, as defined, to deposit moneys in this account in order to
capitalize the program. The bill would require the director,
prior to distributing these funds to small businesses, to determine
that the program is sufficiently capitalized. The bill would require
the director to report annually on the activities of the program, as
specified, and would also require the director, by a specified date,
to submit to the Governor and the Legislature the results of an
independent audit of the program.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14030 of the Corporations Code, as amended by
Section 1 of Chapter 601 of the Statutes of 2007, is amended to read:
14030. (a) There is hereby created in the State Treasury the
California Small Business Expansion Fund. All or a portion of the
funds in the expansion fund may be paid out, with the approval of the
Department of Finance, to a lending institution or financial company
that will act as trustee of the funds. The expansion fund and the
trust fund shall be used to pay for defaulted loan guarantees issued
pursuant to Article 9 (commencing with Section 14070), administrative
costs of corporations, and those costs necessary to protect a real
property interest in a defaulted loan or guarantee. The amount of
guarantee liability outstanding at any one time shall not exceed five
times the amount of funds on deposit in the expansion fund plus any
receivables due from funds loaned from the expansion fund to another
fund in state government as directed by the Department of Finance
pursuant to a statute enacted by the Legislature, including each of
the trust fund accounts within the trust fund.
(b) There is hereby created in the expansion fund the Direct Loan
Account. Notwithstanding Section 13340 of the Government Code, all
moneys in the Direct Loan Account shall be continuously appropriated
for the purposes of implementing and administering the Direct Loan
Program established pursuant to Section 14077. A public entity,
with the approval of the director, may deposit moneys in this account
for the purpose of providing capitalization for the Direct Loan
Program pursuant to Section 14077. For the purposes of this section,
"public entity" means the state, the Regents of the University of
California, a county, city, city and county, district, public
authority, public agency, and any other political
subdivision or public corporation in the state or the United States.
(c) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. A public entity, with the approval of the director,
may deposit moneys in this account for the purpose of providing
capitalization for the Direct Loan Program pursuant to Section 14077.
For the purposes of this section, "public entity" means the State,
the Regents of the University of California, a county, city, city and
county, district, public authority, public agency, and any other
political subdivision or public corporation in the State or the
United States.
SEC. 2. Section 14030 of the Corporations Code, as added by
Section 2 of Chapter 601 of the Statutes of 2007, is amended to read:
14030. (a) There is hereby created in the State Treasury the
California Small Business Expansion Fund. All or a portion of the
funds in the expansion fund may be paid out, with the approval of the
Department of Finance, to a lending institution or financial company
that will act as trustee of the funds. The expansion fund and the
trust fund shall be used to pay for defaulted loan guarantees issued
pursuant to Article 9 (commencing with Section 14070), administrative
costs of corporations, and those costs necessary to protect a real
property interest in a defaulted loan or guarantee. The amount of
guarantee liability outstanding at any one time shall not exceed four
times the amount of funds on deposit in the expansion fund plus any
receivables due from funds loaned from the expansion fund to another
fund in state government as directed by the Department of Finance
pursuant to a statute enacted by the Legislature, including each of
the trust fund accounts within the trust fund, unless the director
has permitted a higher leverage ratio for an individual corporation
pursuant to subdivision (b) of Section 14037.
(b) There is hereby created in the expansion fund the Direct Loan
Account. Notwithstanding Section 13340 of the Government Code, all
moneys in the Direct Loan Account shall be continuously appropriated
for the purposes of implementing and administering the Direct Loan
Program established pursuant to Section 14077.
(c) This section shall become operative on January 1, 2013.
SEC. 3. Section 14077 is added to the Corporations Code, to read:
14077. (a) The secretary shall establish the Direct Loan Program
for the purpose of providing business loans directly to qualified
small businesses.
(b) The director shall provide for the development and
implementation of the application and the review process for the
program, including, but not limited to, defining the eligibility
standards, rating and ranking criteria, and other appropriate
policies and procedures for evaluating direct loans subject to the
following provisions:
(1) The maximum loan limit shall be five hundred thousand
dollars ($500,000). All direct loans shall have a guarantee from a
federal agency or department. dollars ($500,000).
(2) All loan applicants shall demonstrate that they will have
reasonable access to business and management technical assistance
during the term of the loan.
(3) Loans may be provided at terms and conditions below market to
the extent that the overall revolving loan portion of the program
remains financially viable.
(4) Loans shall be provided to applicants demonstrating that they
cannot otherwise reasonably obtain a loan from a private lender.
(5) Loans shall only be provided to applicants demonstrating the
ability to repay the loan.
(c) The director shall have the authority to administer the
distribution of funds from the Direct Loan Account created in
subdivision (b) of Section 14030. However, prior to distributing
these funds, the director shall make a determination that the Direct
Loan Program is sufficiently capitalized.
(d) To execute direct loans, the director may loan funds from the
Direct Loan Account to a corporation for the purpose of lending those
funds to an approved borrower.
(1) The loan authorized by the director to the corporation shall
be on terms similar to the loan between the corporation and the
borrower and shall be evidenced by a credit agreement.
(2) In the absence of fraud on the part of the corporation, the
liability of the corporation to repay the loan to the agency is
limited to the repayment received by the corporation from the
borrower except in a case where the federal guarantor requires
exposure by the corporation in rule or regulation.
(3) Interest and principal received by the agency from the
corporation shall be deposited into the Direct Loan Account.
(e) The director shall annually report on the activities of the
Direct Loan Program as part of his or her existing annual reporting
requirements.
(f) The director shall submit to the Governor and the Legislature
the results of an audit of the Direct Loan Program undertaken by an
independent entity. The independent audit shall cover the first two
full years of operation of the Direct Loan Program and it shall be
submitted no later than six months after the close of the second full
fiscal year of operation.
(g) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.