BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1430


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          ASSEMBLY THIRD READING


          AB  
          1430 (Cooper)


          As Amended  March 26, 2015


          Majority vote


           --------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                  |Noes                  |
          |----------------+------+----------------------+----------------------|
          |Business &      |14-0  |Bonilla, Jones,       |                      |
          |Professions     |      |Baker, Bloom, Burke,  |                      |
          |                |      |Chang, Dodd, Eggman,  |                      |
          |                |      |Gatto, Holden,        |                      |
          |                |      |Mullin, Ting, Wilk,   |                      |
          |                |      |Wood                  |                      |
           --------------------------------------------------------------------- 


          SUMMARY:  Provides a definition for a "California family owned  
          business."  Specifically, this bill: 
          1)Defines a "California family owned business" as a business that  
            meets all of the following requirements:
             a)   Is organized as a privately held business by one  
               individual or two or more related persons, or is a  
               partnership of business entities owned by related persons;
             b)   Maintains its principal executive office in California;


             c)   Has been in business for more than 10 continuous years;


             d)   One of the following apply:








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               i)     Is owned by a sole proprietorship;
               ii)    Is a business entity owned by one individual or two or  
                 more related persons domiciled in California who hold a  
                 majority of the equity interests; or, 


               iii)   Is a partnership of business entities owned by related  
                 persons domiciled in California who hold a majority of the  
                 equity interests;


             e)   The business is controlled by one individual or two or  
               more related persons who exhibit strategic influence and  
               control of the business by holding the business as a sole  
               proprietorship or by holding a majority of the voting  
               interest;
             f)   Demonstrates an intent to continuously operate as a family  
               owned business in the future through any of the following:


               i)     Present ownership by two or more related persons;
               ii)    A previous transfer of ownership or equity interests  
                 between related persons; or,


               iii)   Is subject to a written agreement providing for a  
                 future transfer between related persons provided that the  
                 agreement was executed in good faith. 


          2)Defines "related person" for the purpose of this law as  
            "including a person who is related by a common ancestor,  
            pursuant to state and federal law up to four generations.  Any  
            person related by greater than four generations is included if  
            his or her ownership or operational involvement arose from an  
            exercise of continuity of generations, as specified.  "Related  
            persons" also includes a parent, stepparent, brother, sister,  








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            stepbrother, stepsister, half-brother, half-sister, adopted  
            person, person born out of wedlock, stepchild, foster child,  
            uncle, aunt, niece, nephew, first cousin, and any person denoted  
            by the prefix "grand" or "great."  A spouse, domestic partner,  
            and the spouse or domestic partner of any person that qualifies  
            as a person related by a common ancestor, pursuant to state or  
            federal law up to four generations, is also included within the  
            definition of "related persons" and will continue to be included  
            in the event of the legal relationship being terminated by death  
            or dissolution.  
          3)Specifies that the definition of "California family owned  
            business," as specified above, only applies to provisions in  
            which the definition is explicitly cross-referenced.   


          4)Makes findings and declarations relative to the unique and  
            valuable characteristics of California family owned businesses.   



          EXISTING LAW:


          1)Defines a "small business" to mean an independently owned and  
            operated business that is not dominant in the field of  
            operation, the principal office of which is located in  
            California, the officers of which are domiciled in California,  
            and which, together with affiliates, has 100 or fewer employees,  
            and average annual gross receipts of $10 million or less over  
            the previous three years, or is a manufacturer, as specified.  
            (Government Code (GC) Section 14837)

          2)Defines a "microbusiness" to mean a small business which  
            together with affiliates has average annual gross receipts of  
            $2.5 million or less over the previous three years or is a  
            manufacturer, as specified.  (GC Section 14837)

          3)Defines a "disabled veteran's business enterprise" to mean an  
            enterprise that has been certified as meeting the qualifications  








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            established by Military and Veterans Code Section 999.  (GC  
            Section 14837)


          FISCAL EFFECT:  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.   


          COMMENTS:


          Purpose.  This bill is sponsored by the Family Business  
          Association.  According to the author, "Research has shown that  
          family-owned businesses have unique characteristics that  
          distinguish them from other businesses; however, there is  
          currently no standardized definition for family-owned business.  A  
          standardized definition is needed in order to recognize the needs  
          and contributions of family owned businesses."

          Background.  According to the Family Business Association, "Family  
          businesses generate 57% of the nation's Gross Domestic Product  
          (GDP), employ 63% of the workforce and create 75% of all new jobs.  
          California's 1.4 million family businesses employ 7 million  
          Californians."  However, as noted by the author, there is not a  
          standard, uniform definition to describe a family-owned business.   
          According to the study released by the Blue Sky Consulting Group  
          titled Family Business and Their Impact of the California Economy,  
          it was reported that "in terms of their impact on the economy,  
          family businesses represent a considerable share of economic  
          activity at both the state and national level.  While the exact  
          measure of their contribution varies significantly depending upon  
          the definition used, a targeted definition that includes only  
          those businesses most commonly understood to represent family  
          businesses results in estimates that family businesses account for  
          approximately 20% to 35% of all California businesses, contribute  
          20% to 40% of the state's GDP, and provide between 20% and 40% of  
          the state's jobs."










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          In addition, that study found that definitional problems around  
          the term "family-owned business" provide measurement challenges  
          when trying to assess the full economic benefit of these  
          businesses. As noted in the report, "While much research has been  
          conducted in the past few decades on family businesses and their  
          impact on the economy, no commonly accepted definition has emerged  
          as to what exactly constitutes a family business."  An article  
          titled Family Businesses' Contribution to the U.S. Economy: A  
          Closer Look in the Family Business Review also noted, "?the even  
          greater challenge in quantifying family businesses' collective  
          impact is there is no concise, measureable, agreed-upon definition  
          for a family business.  Experts in the field use many different  
          criteria to distinguish these businesses, such as percentage of  
          ownership, strategic control, involvement of multiple generations,  
          and the intention for the business to remain in the family."   
          Because there is no common definition, researches outcomes about  
          the significance of these businesses may vary because of different  
          interpretations of the term.  Currently, a single standard  
          definition for a "California family owned business" is not  
          available, nor is there a consistent definition used across all  
          states or at the federal level for a family owned business.  This  
          bill seeks to codify a definition for "California family-owned  
          business" in statute; however it does not specify the use for the  
          definition.  


          Arguments in Support
          The Family Business Association writes in support, "[This bill] is  
          a necessary bill that sets out, for the first time in state  
          statute, a definition of a family owned business.  Having one  
          standardized definition will assist policy makers to determine the  
          effect and impact of policies if they have already agreed on the  
          definition of Family Owned Business.  Additionally, it will assist  
          in better quantifying the impact of these businesses on the  
          economy.  

          "Importantly, [this bill] will again let California lead the  








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          nation statutorily defining a family owned business so that  
          decision makers will be able to consider the special challenges of  
          operating these businesses when considering future actions.   
          Specifically, having one uniform definition of Family Owned  
          Business will assist policy makers when implementing specific  
          policy issues such as tax and estate succession.  It will also be  
          helpful in local jurisdictions who may consider including  
          'California Family Owned Businesses' in a 'buy local' promotion or  
          procurement program." 


          Arguments in Opposition
          None on file.




          Analysis Prepared by:                                               
                          Elissa Silva / B. & P. / (916) 319-3301  FN:  
          0000283