BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 356|
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THIRD READING
Bill No: SB 356
Author: Wright (D), et al
Amended: 1/12/10
Vote: 21
SENATE BUSINESS, PROF.& ECON. DEVELOP. COMM. : 6-2, 4/27/09
AYES: Negrete McLeod, Wyland, Aanestad, Correa, Walters,
Yee
NOES: Florez, Romero
NO VOTE RECORDED: Corbett, Oropeza
SUBJECT : Regulations: small businesses
SOURCE : California Small Business Association
National Federation of Independent Business
DIGEST : This bill permits any person, including but not
limited to, a small business or organization or trade
association whose members are affected by the regulation,
to obtain a judicial declaration as to the validity of any
regulation or order of repeal by bringing action for
declaratory relief in Superior Court.
ANALYSIS : Existing law establishes, through the
Administrative Procedures Act (APA), the requirements for
the adoption, publication, review and implementation of
regulations promulgated by state agencies and does the
following:
1. Authorizes an agency considering the adoption of a new
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regulation or amending or repealing an existing one to
consult with interested parties before initiating the
regulatory action.
2. Requires an agency to involve parties who would be
subject to the regulation before publishing a notice of
proposed action, if the proposed regulations involve
complex proposals or a large number of proposals.
3. Requires state agencies to assess the potential of a
proposal to adopt, amend or repeal a regulation to
adversely affect business enterprises and individuals.
4. In the event an agency makes an initial determination
that the adoption, amendment, or repeal of a regulation
will not have a significant statewide adverse economic
impact on business, requires the agency to make a
declaration of that determination in the notice of
proposed action.
This bill permits any person, including but not limited to,
a small business or organization or trade association whose
members are affected by the regulation, to obtain a
judicial declaration as to the validity of any regulation
or order of repeal by bringing action for declaratory
relief in Superior Court.
Related Legislation
AB 2854 (Mendoza, 2008) would have required, upon available
funding, the Office of the Small Business Advocate
(Advocate) to create a one-stop website for small
business-related announcements and funding opportunities
offered by state agencies. The measure was vetoed by the
Governor.
AB 2330 (Arambula, Chapter 232, Statutes of 2006) required
the Office of the Small Business Advocate to examine,
October 1, 2007, the costs of state regulations on small
businesses, as specified.
AB 3058 (Assembly Committee on Jobs, Economic Development,
and the Economy, Chapter 233, Statutes of 2006) required
the Office of the Small Business Advocate, in cooperation
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with the Office of Emergency Services and the Department of
Industrial Relations, to develop a web-based handbook for
small businesses on emergency preparedness, emergency
response, and recovery strategies.
SB 1436 (Figueroa, Chapter 234, Statutes of 2006) enhanced
the state's technical assistance to small businesses by
improving the state's Internet information for small
businesses and requiring the designation of agency-level
small business liaisons.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 1/14/10)
California Small Business Association (co-source)
National Federation of Independent Business (co-source)
Acclamation Insurance Management Services
American Council of Engineering Companies- California
Apex Envirotech, Inc.
California Association of Competitive Telecommunications
Companies
California Association of Health Facilities
California Automotive Business Coalition
California Black Chambers of Commerce
California Chamber of Commerce
California Chapter of the American Fence Contractors'
Association
California Construction Industry Materials Association
California Council American Society of Landscape Architects
California Dump Truck Owners Association
California Farm Bureau Federation
California Fence Contractors' Association
California Hispanic Chambers of Commerce
California Hospital Association
California Hotel & Lodging Association
California Independent Grocers Association
California Independent Oil Marketers Association
California Manufacturers' & Technology Association
California Metals Coalition
California Restaurant Association
California Service Station and Automotive Repair
Association
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Engineering Contractors' Association
Flasher/Barricade Association
Greater San Fernando Valley Chamber of Commerce
Independent Waste Oil Collectors
Marin Builders' Association
Metal Finishing Association of Southern California
National Association of Women Business Owners- California
Small Business Action Committee
Small Business California
TechAmerica
Valley Industry Commerce Association
Western Growers Association
JA:nl 1/14/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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