BILL ANALYSIS ----------------------------------------------------------------------- |Hearing Date:July 6, 2009 |Bill No:AB | | |1009 | ----------------------------------------------------------------------- SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Gloria Negrete McLeod, Chair Bill No: AB 1009Author:V. Manuel Perez As Amended:June 29, 2009 Fiscal: Yes SUBJECT: Small business: Direct Loan Program. SUMMARY: Requires the Secretary of the Business, Transportation and Housing Agency to develop and implement a Direct Loan Program to provide a loan of up to $500,000 to small businesses that meet certain requirements until January 1, 2015. Authorizes public entities to deposit money into the account. Requires the Direct Loan Program Director to review the capital of a small business prior to its receipt of loan money. Requires an annual report on activities independent audit be submitted to the Governor and Legislature. Existing law: 1) Establishes the Small Business Loan Guarantee Program (SBLGP) within the state Business, Transportation and Housing Agency (BTH) which provides guarantees on bank loans to small businesses that would otherwise not be made. A network of 11 Small Business Financial Development Corporations, who are working closely with small business borrowers and local community banks, issues the guarantees on behalf of the state. The guarantees are backed by a trust fund that can be leveraged four times. 2) Establishes the California Small Business Expansion Fund (Expansion Fund). This bill: 1) Creates the Direct Loan Account (Account) fund in the Expansion Fund. AB 1009 Page 2 2) Requires the Secretary of BTH to establish the Direct Loan Program (Program) until January 1, 2013. 3) Requires the director of the SBLGP to develop and implement the program review and evaluation process. 4) Establishes a maximum of $500,000 for program loans. 5) Requires applicants to demonstrate they cannot otherwise reasonably obtain a loan from a private lender. 6) Authorizes public entities, with the approval of the director, to deposit money in the account for the purpose of providing capitalization for the Program. 7) Defines "public entity" as: 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 United States. 8) Requires information on the direct loan program be annually reported to the Legislature as part of an existing annual reporting requirement of SBLGP. 9) Requires an independent audit of the direct loan program and its findings be reported to the Governor and Legislature by January 1, 2012. FISCAL EFFECT: According to the Assembly Appropriations Committee analysis dated May 20, 2009, administrative costs for the program are likely in excess of $150,000 per year and costs for the required independent audit of the program and annual reports to the Legislature are in the range of $50,000. COMMENTS: 1.Purpose. According to the Author, "California small businesses face many challenges during this current economic downturn. Debt markets are frozen, unemployment is rising and production is stalled. Although the federal government is working aggressively to improve the flow of capital, the fact remains that many small businesses do not have sufficient access to necessary financial resources." 2.Small Businesses in California. Small businesses form the core of AB 1009 Page 3 California's $1.7 trillion economy, comprising more than 98% of all businesses and are responsible for employing more than 50% of all workers in the state. In 2006, the state had an estimated 3.6 million small businesses. 3.Effect of the Economy. Small businesses routinely cite access to capital as a roadblock to successful development of new or growth of existing ventures. The current economic slowdown and banking crisis have a dramatic impact on the state's small businesses. According to the October 2008 Federal Reserve Board Senior Loan Officer Survey, 75 percent of U.S. banks have tightened their lending standards on small business loans. With even less opportunity to receive critical resources from banks, the National Small Business Association acknowledges an increased reliance on credit cards to finance operations by its members. As credit card financing comes with unpredictable and typically very high interest rates, future eligibility for more stable capital sources may be jeopardized. By authorizing the expansion of a state program to offer direct loans, this measure aims to address a very real problem many California small businesses currently face. AB 1009 Page 4 4.Related Legislation. SB 358 and SB 1200 (Ducheny). These bills authorize the establishment of a Native American Business Revolving Loan and Guarantee Program, which would be administered through the SBLGP at BTH. The purpose of the program is to promote the long-term economic viability of tribal communities by providing capital to create or retain jobs, offer business development and employment training, and provide general education to tribal members. SB 358 was held in the Senate Appropriations Committee this year; SB 1200 was held in the Senate Appropriations Committee last year. AB 610 (Price, Chapter 601, Statutes of 2007). The bill enhanced the SBLGP's ability to leverage existing program dollars resulting in the ability to serve small businesses financial needs per year. AB 1104 (Aghazarian, Chapter 624, Statues of 2007). The bill modified the SBLGP relating to small business disaster guarantees and eligible investments of SBLGP funds. AB 1431 (Arambula). The bill would have established the Early Stage Investment Guarantee Program, administered through the SBLGP, for the purpose of assisting small businesses in attracting investors during the early years of their company's growth, as specified. The measure was held in the Assembly Appropriations Committee last year. 5.Arguments in Support. According to the Association of Financial Development Corporations , California's success in overcoming the economic downturn will greatly depend on its ability to creatively provide assistance to small businesses. SUPPORT AND OPPOSITION: Support: Association of Financial Development Corporations Opposition: None on file as of June 30, 2009. Consultant:Sarah Mason AB 1009 Page 5