BILL ANALYSIS                                                                                                                                                                                                    �






                                                       Bill No:  SB 
          1327
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2011-2012 Regular Session
                                 Staff Analysis


          
          SB 1327  Author:  Cannella
          As Introduced:  February 23, 2012
          Hearing Date:  April 10, 2012
          Consultant:  Art Terzakis

                                         

                                    SUBJECT  
           State Government: business information: Internet Web site

                                   DESCRIPTION
           
          SB 1327 requires the Governor to create a "one-stop-shop" 
          Internet Web site to provide individuals with essential 
          information (e.g. permitting, licensing and regulatory) for 
          establishing a business in California.  Specifically, this 
          measure:

          1.Requires the Governor, or his/her designee, to establish 
            an Internet Web site to provide individuals with all of 
            the necessary information on how to start a business in 
            California.

          2.Stipulates that the Internet Web site must contain 
            information on the licensing, permitting, and 
            registration requirements of state agencies and include, 
            but not be limited to, information that does all of the 
            following: (a) assist individuals with identifying 
            application forms and other necessary documents; (b) 
            provide a digital copy of all forms and documents 
            available for download; and, (c) instruct individuals on 
            how and where applications and other forms and documents 
            are to be submitted.

          3.Requires that the Internet Web site be user friendly with 
            accurate information about licensing requirements.




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          4.Prohibits a state agency from using the Internet Web site 
            created pursuant to this measure as the exclusive source 
            of information for the public to access licensing 
            requirements.

          5.Authorizes the imposition of reasonable fees as a 
            condition of accessing information on the Internet Web 
            site established pursuant to this measure. 
                                         








































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                                  EXISTING LAW

           Existing law requires a business to obtain various licenses 
          from regulatory agencies. 

          Executive Order S-05-10 created the Office of Economic 
          Development in the Governor's office, for the purpose of 
          coordinating economic development activities in the state.

          Existing law establishes the Office of Business Development 
          (GoBiz) within the Governor's Office, under the control of 
          a director who is appointed by the Governor, for the 
          purpose of serving as the lead entity for economic strategy 
          and marketing of California on issues relating to business 
          development, private sector investment and economic growth.

          Existing law provides for the California Economic Strategy 
          Panel within the Labor and Workforce Development Agency to 
          provide recommendations regarding an economic development 
          strategic plan and charges the panel with the new 
          responsibility of addressing the development of a system of 
          accountability for use in the annual state budget process.

          Existing law, the California Small Business Financial 
          Development Corporation Law, creates the Office of the 
          California Small Business Board and imposes numerous duties 
          on the Secretary of Business, Transportation and Housing.

          Existing law creates the Office of Small Business Advocate 
          within the Office of Planning and Research, and imposes 
          various duties and requires the Governor to appoint the 
          director of the Office of Small Business Advocate.

          Existing law provides for the California Business 
          Investment Services program, which is currently operated by 
          the Labor and Workforce Development Agency.

                                    BACKGROUND
           
           Purpose of SB 1327:   The author's office notes that in 
          recent years many different surveys and organizations have 
          named California's business climate as one of the worst in 
          the nation due to issues such as "high regulatory costs" 
          and "high levels of state and local government spending and 
          debt."  The author's office argues that these problems all 
          negatively affect the economy but perhaps those hardest hit 




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          are small businesses. The author's office states that there 
          are approximately 3.4 million small businesses in 
          California, representing 99.2 percent of the state's 
          employers and 52.1 percent of California's private-sector 
          employment. The author's office contends that small 
          business owners often do not enjoy the benefits of 
          unlimited capital and time and that a complex permitting 
          and licensing system compounds the problem by adding 
          another barrier to starting a small business.

          The author's office also points out that the Employment 
          Development Department (EDD) operates "CalGOLD," a database 
          that directs users to the correct agencies for permits and 
          licenses. The author's office argues that while useful, 
          CalGOLD does not store application forms; it is simply a 
          catalog of information.  For example, if an individual 
          wanted to start a construction company building single 
          family homes, he/she would have to contact 14 different 
          state entities to obtain the necessary paperwork.  This 
          measure is intended to correct the flaws with this existing 
          program (and others) by providing a centralized location 
          for all permitting needs.

           Milton Marks "Little Hoover" Commission on California State 
          Government Organization and Economy:   In February 2010, the 
          Little Hoover Commission released a report, entitled 
          "Making up for Lost Ground:  Creating a Governor's Office 
          of Economic Development."  The report analyzed the status 
          and effectiveness of the various entities of the defunct 
          Technology, Trade and Commerce Agency that had been 
          reorganized into other entities.  The report recommended 
          the creation of a new governmental entity that would 
          promote greater economic development, foster job creation, 
          and deliver specific services such as permitting, tax, and 
          regulatory information directly to the California business 
          community.

           The California Performance Review (Executive Order S-5-04):  
           In response to Governor Arnold Schwarzenegger's challenge 
          to change and reform California, the California Performance 
          Review (CPR) was established to restructure, reorganize and 
          reform state government and to make it more responsive to 
          the needs of its citizens and business community.  One of 
          the recommendations of the CPR was to create a one-stop 
          business license center for California businesses.  





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          The CPR noted that, "People who want to start a business in 
          California do not know where to begin. Even established 
          business owners find it difficult to navigate the state 
          bureaucracy. A one-stop business license center should be 
          created to provide a single point of contact, accessible by 
          both telephone and the Internet. Such a center would 
          streamline processes, resulting in better customer service 
          for business owners while increasing regulatory compliance 
          and revenue." The CPR continued, "People wanting to do 
          business in California must interact with the state to 
          establish and maintain their businesses. They must obtain 
          necessary permits and licenses, register their businesses, 
          report information and pay taxes. For instance, a business 
          in California is required to register with the state for 
          purposes of reporting sales taxes, income taxes, employee 
          wages and insurance. In addition, business owners are 
          required to obtain a variety of licenses and permits to 
          carry out certain activities, such as selling alcohol or 
          collecting debts. These are just a few of the requirements. 
          A business owner could be required to contact nine or more 
          state departments and agencies for a single business." 

                            PRIOR/RELATED LEGISLATION
           
           AB 29 (John A. Perez) Chapter 475, Statutes of 2011.   
          Created the Governor's Office of Business and Economic 
          Development (GO-Biz), prescribed specific tasks and duties 
          for the office, including reorganizing such entities as the 
          Small Business Advocate and CalBIS into this new office.  
          Also, required that this new office establish long-term 
          economic goals and strategies as well as specific and 
          effective services to California's businesses, both large 
          and small.  
           
          AB 978 (V. Manuel Perez) 2009-10 Session.  Would have 
          required the State Chief Information Officer to collaborate 
          with the Department of Consumer Affairs to acquire a new, 
          integrated, enterprise-wide enforcement and licensing 
          system, as described, that will replace the current 
          licensing and monitoring system being used by the 
          department.  (Held on Senate Appropriations Committee 
          Suspense File)

           AB 1721 (Arambula), Chapter 631, Statutes of 2007.   
          Designated the Business, Transportation and Housing Agency 
          as lead agency on economic development activities, and 




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          established a fund for receiving federal, state, local, and 
          private economic development moneys that can be used to 
          further state economic development activities.
           
          SUPPORT:   None on file as of April 6, 2012.

           OPPOSE:   None on file as of April 6, 2012.

           FISCAL COMMITTEE:   Senate Appropriations Committee

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