BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           980 (Huff)
          
          Hearing Date:  5/10/2010        Amended: 3/23/2010
          Consultant:  Bob Franzoia       Policy Vote: BP&ED  8-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY: SB 980 would create the Business Master License  
          Center (BMLC) within the State and Consumer Services Agency.   
          The BMLC would develop and administer a computerized one stop  
          master license system capable of storing, retrieving, and  
          exchanging license information as well as issuing and renewing  
          master licenses.  This bill would permit the Governor to appoint  
          a 3rd party facilitator from the business community to provide  
          oversight over the creation of the center and the development of  
          its master license system.  This bill would charge license  
          applicants, in addition to any other fees or deposits required  
          to obtain a particular license, a master license administrative  
          fee in specified amounts, to be deposited into the Business  
          Master License Fund, which this bill would create.  This bill  
          would require that the moneys in the fund, upon appropriation by  
          the Legislature, be used only to administer the BMLC.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
           Business Master LicenseUnknown, major startup costs     for  
          two-General/           
          Center                 three years, or more; costs would be  
          loans                  Special*               from appropriate  
          funds

                                 Unknown, major costs annually, all  
          costsGeneral/          
                                 potentially offset by license fee  
          revenueSpecial*

          * Various special funds; all funds deposited into the Business  
          Master License Fund      
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  










          Suspense File.

          Several departments and agencies have identified major costs and  
          implementation concerns related to the BMLC.  Representative of  
          those costs are those identified by the Secretary of State, as  
          follows: 
                        
          - The Business Programs Division (BPD) estimated the need for 16  
          personnel years to implement the provisions of this bill, which  
          would cost an estimated $1.4 million annually and approximately  
          $100,000 on a one time basis.
          - Unknown costs for increases in printing, mailing, and overtime  
          staff costs for current BPD employees.
          - The Information Technology Division (ITD) estimates one time  
          costs of $3,500,000 for a contracted development team of six  
          developers, one database analyst, and one project manager to  
          interface the existing Secretary of State office applications  
          with the proposed central business master license application.

          Page 2
          SB 980 (Huff)

          - ITD also estimates one time costs of $100,000 for additional  
          servers and SAN storage to handle the increased database size.
          - ITD anticipates ongoing costs of approximately $300,000 for  
          three new positions for maintenance on the database.

          The 3rd party facilitator from the business community appointed  
          by the Governor shall report directly to, and serve at the  
          pleasure of, the Governor.  The facilitator shall provide  
          oversight over the creation of the center and the development of  
          the center's master license system.

          Staff recommends this bill be amended to require the State and  
          Consumer Services Agency to establish the fee in an amount  
          sufficient to cover the cost of the service.  Absent this  
          amendment, and to the extent the cost to issue a master license  
          exceeds $15 for a new license and $9 for a renewal, this bill  
          creates General Fund cost pressure.  Savings, if any, from this  
          process would likely not occur for several years.

          Given the initial costs and past difficulties state agencies  
          have encountered bring large new databases on line, implementing  
          a BMLC on a statewide basis would generate substantial General  
          and special funds costs and risks.  To limit these costs and  
          risks, and to increase the potential of getting a BMLC  










          implemented, staff recommends this bill be amended to be phased  
          in, starting with a small, special fund agency.

          This bill is similar to AB 2507 (Speier) 1994, which was vetoed  
          by Governor Wilson with the following message:

          This bill would establish the California Business Registry Task  
          Force to prepare to implementation plan by June 30, 1995 to  
          develop a statewide fictitious business name statement process  
          within the Secretary of State's office that would include an  
          automated statewide data base, a registration form for  
          businesses and a unified business identifier.

          Although the intent of this measure is to simply the  
          registration procedures for businesses, I am concerned that it  
          would eventually require registrants to provide large sums to  
          meet the substantial costs incurred by state agencies associated  
          with revamping large databases needed to accommodate this  
          uniform business identifier.

          There is no requirement in state law now that just any business  
          "register" with the state.  Employers must pay payroll taxes,  
          certain manufacturers must obtain environmental permits, many  
          businesses must obtain local fictitious name registrations.  But  
          there is no single repository of all companies or individuals  
          doing "business" in the state.  Nor has the author demonstrated  
          a compelling need for such a data base.

          I am skeptical that such a centralized registry would do more  
          than duplicate what the State's tax, regulatory, and licensing  
          agencies already do.  More important is to continue this  
          Administration's commitment to reduce paperwork and bureaucracy  
          within these regulatory and licensing agencies, rather than  
          setting up a super-registration agency.