BILL ANALYSIS                                                                                                                                                                                                    







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        |Hearing Date:July 6, 2009          |Bill No:AB                         |
        |                                   |1009                               |
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                      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.






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          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  





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          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.






























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        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





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