Bill Text: CA SB606 | 2015-2016 | Regular Session | Introduced

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Bill Title: Small Business Appeals Board.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB606 Detail]

Download: California-2015-SB606-Introduced.html

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BILL NUMBER: SB 606	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Nielsen

                        FEBRUARY 27, 2015

   An act to add Chapter 5.2 (commencing with Section 11530) to Part
1 of Division 3 of Title 2 of the Government Code, relating to state
government.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 606, as introduced, Nielsen. Small Business Appeals Board.
   Existing law sets forth procedures generally for the
administrative review of the regulatory activities of state agencies.

   This bill would establish the Small Business Appeals Board in
state government composed of 5 board members, as specified. The bill
would authorize the board, at its discretion, to grant a hearing and
review the order, ruling, action, or failure to act of any state
agency, except a state taxing agency, upon the petition of any small
business affected by the order, ruling, action, or failure to act.
The bill would authorize the board to grant any remedy and impose any
penalty authorized under existing law governing administrative
procedures. The bill would authorize any other administrative body
with jurisdiction over the matter to take the board's disposition
into account in making its own determination on the matter. The bill
would make findings and declarations in support of these provisions.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 5.2 (commencing with Section 11530) is added to
Part 1 of Division 3 of Title 2 of the Government Code, to read:
      CHAPTER 5.2.  SMALL BUSINESS APPEALS BOARD


   11530.  The Legislature finds and declares all of the following:
   (a) Small businesses are the backbone of the California economy
and are essential to the state's prospective vitality.
   (b) An often complicated and sometimes arbitrary state regulatory
system has impeded the growth of some enterprises and has caused a
perception that California is a hard place to do business. Often,
small businesses are overwhelmed with red tape and agencies that
stress formalities over substance.
   11530.5.  To allow California's small businesses to have a forum
for appeal of what may appear to be a slow or overzealous
bureaucracy, the Small Business Appeals Board is hereby established
in state government.
   11530.10.  For purposes of this chapter, "small business" means an
entity that meets either of the following criteria:
   (a) Its gross receipts are less than ten million dollars
($10,000,000) annually.
   (b) It has fewer than 100 employees.
   11530.15.  (a) The Small Business Appeals Board shall be composed
of five members, as follows:
   (1) An individual appointed by the Governor, who shall serve as
chair.
   (2) A retired judge appointed by the Chief Justice of the
California Supreme Court.
   (3) A representative of the office of the Attorney General.
   (4) Two public members with extensive experience in the operation
of small businesses, one to be appointed by the President pro Tempore
of the Senate and one to be appointed by the Speaker of the
Assembly.
   (b) Board members shall not receive compensation, but board
members not serving in their official capacity may receive per diem
and actual expenses.
   (c) The board shall meet at least once per month and shall
commence operations beginning the January after the appointment of
all board members and the appropriation of funds for its support. The
board may employ legal and administrative staff for the purposes of
this chapter.
   11530.20.  (a) Except as provided in subdivision (c), the board
may, at its discretion, grant a hearing and review the order, ruling,
action, or failure to act of any state agency, upon the petition of
any small business affected by the order, ruling, action, or failure
to act. The board may grant any remedy and impose any penalty
authorized under existing law governing administrative procedures.
Any other administrative body with jurisdiction over the matter may
take the board's disposition into account in making its own
determination on the matter.
   (b) A small business may petition the board pursuant to this
chapter regardless of whether it has exhausted its other
administrative remedies. A decision of the board to grant or deny a
hearing under this chapter shall not be subject to administrative
review.
   (c) This chapter shall not apply to any taxing agency of the
state.