Bill Text: CA AB912 | 2017-2018 | Regular Session | Amended

California Assembly Bill 912 (Prior Session Legislation)

Bill Title: Small business: California Small Business Regulatory Fairness Act.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB912 Detail]

Download: California-2017-AB912-Amended.html

Amended IN Assembly April 19, 2017

Amended IN Assembly April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 912

Introduced by Assembly Member Obernolte
(Coauthor: Assembly Member Baker)
(Coauthor: Senator Wilk)

February 16, 2017

An act to add Chapter 3.7 (commencing with Section 11367) to Part 1 of Division 3 of Title 2 of the Government Code, relating to small business.

LEGISLATIVE COUNSEL'S DIGEST

AB 912, as amended, Obernolte. Small business: California Small Business Regulatory Fairness Act.

Existing law, the Administrative Procedure Act, governs the procedures for the adoption, amendment, or repeal of regulations by state agencies and requires, among other things, that a state agency make available to the public facts, evidence, documents, testimony, or other evidence on which the state agency relies to support the agency’s determination that the proposed action will not have a significant adverse impact on business. Existing law establishes the Office of Small Business Advocate, within the Governor’s Office of Business and Economic Development, and establishes the duties and functions of the Director of the Office of Small Business Advocate including, among other duties, representing the views and interests of small businesses before other state agencies whose policies and activities may affect small businesses. Existing law requires each state agency that significantly regulates small business or that significantly impacts small business to designate at least one person who is required to serve as a small business liaison.

This bill would require a state agency to assist a small business, as defined, in complying with all statutes and regulations administered by the state agency and in any enforcement action by the state agency. The bill would require a state agency to establish a policy, by December 31, 2018, that provides for the ~~reduction, and, under appropriate circumstances, the waiver,~~ reduction of civil penalties for violations of regulatory or statutory requirements by a small ~~business.~~ business under appropriate circumstances. The bill would authorize the state agency to update the policy to reflect current issues and conditions affecting small businesses and the state agency. The bill would require the state agency to post a current copy of the policy on the state agency’s Internet Web site and, until June 30, 2022, to annually post specified information about enforcement actions and penalty reductions ~~or waivers~~ (annual report). The bill would require a state agency to notify the Office of Small Business Advocate of certain events relating to its policy and annual report.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

This act shall be known, and may be cited, as the California Small Business Regulatory Fairness Act.

SEC. 2.

Chapter 3.7 (commencing with Section 11367) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:

CHAPTER 3.7. California Small Business Regulatory Fairness Act

11367.

The following terms shall have the following meanings for purposes of this chapter:

(a) “Small business” means a business that is all of the following:

(1) Independently owned and operated.

(2) Not dominant in its field of operation.

(3) Has fewer than 100 employees.

(4) Has average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years.

(b) “State agency” means any state agency, department, board, or commission that has significant rulemaking authority over small businesses, except the Franchise Tax Board or the State Board of Equalization.

11367.1.

(a) A state agency shall do all of the following:

(1) Assist a small business in achieving compliance with statutes and regulations administered by the state agency. This requirement may be met be through the implementation of the requirements in Section 11148.5.

(2) Assist a small business during an enforcement action by the state agency.

(3) (A) By December 31, 2018, establish a policy to provide for the ~~reduction, and, under appropriate circumstances, the waiver,~~ reduction of civil penalties for violations of regulatory or statutory requirements by a small ~~business.~~ business under appropriate circumstances.

(B) The policy shall exclusively be applied to small businesses that meet all of the following criteria:

(i) The violation by the small business did not involve willful or criminal conduct.

(ii) The violation by the small business did not pose an imminent health, safety, or environmental threat.

(iii) The small business has a low degree of culpability when its conduct is judged in light of its size, length of operation, and the sophistication of its owners or managers.

(C) The policy shall include the factors that shall be considered when the agency determines if, and to what extent, the fine shall be reduced. The policy shall be designed to result in a range of reductions, based upon the following factors, which include, but are not limited to:

(i) The degree to which the small business cooperated during any investigation by the state agency.

(ii) The degree to which the small business engaged in subsequent action to correct the violation, as appropriate.

(iii) The prior history of the small business in meeting regulatory requirements of the agency.

(iv) The degree to which the level of the penalty would impede the small business from continuing conducting business.

(b) The state agency may update the policy from time to time to reflect current issues and conditions affecting small businesses and the state agency.

(c) (1) The state agency shall post a current copy of the policy on the state agency’s Internet Web site within 30 days of adoption or amendment of the policy.

(2) The state agency shall annually post information on the state agency’s Internet Web site as to the aggregate number and category of enforcement actions that were reviewed pursuant to this section, the total number of small businesses and actions that qualified for civil penalty reductions in the report period, and the total dollar amount of reductions ~~and waivers~~ issued. The requirement for annual reporting imposed by this paragraph shall become inoperative on June 30, 2022.

(d) The notice shall include a link to where the policy and annual utilization report pursuant to paragraph (2) of subdivision (c) is posted on the state agency’s Internet Web site. The state agency shall notify the Office of Small Business Advocate within 15 working days of the following situations occurring:

(1) The policy is adopted or amended.

(2) The annual utilization report is posted.

(3) The policy or the annual utilization report is relocated from the state agency’s Internet Web site. The notice shall include a link to the new Internet Web site location.

(4) The policy or the annual utilization report is removed from the state agency’s Internet Web site. The notice shall include an explanation as to why the information was removed.