California 2009-2010 Regular Session Status: Passed Senate 1 R cosponsors

SB 356 — Regulations: small businesses.

Last action — From Assembly without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. An agency that is considering adopting, amending, or repealing a regulation is authorized to consult with interested persons before initiating regulatory action, and requires an agency to do so when the regulation involves complex or numerous proposals. This bill would require the agency, if it does not, or is unable to, consult with these parties to inform in writing the Office of Small Business Advocate and the Department of Finance of its decision and the reasons for not consulting the impacted businesses. (2) The act requires every state agency subject to the act to submit, with the notice of the proposed adoption, amendment, or repeal of a regulation, an initial statement of reasons for proposing the adoption, amendment, or repeal of a regulation, which is required to include, among other things, a description of any reasonable alternatives that would lessen any adverse impact on small business and the agency's reasons for rejecting those reasonable alternatives. The act specifies the agency is not required, in this initial statement, to artificially construct alternatives, describe unreasonable alternatives, or justify why it has not described alternatives. This bill would require the agency to describe the agency's reasons for rejecting each specific alternative, and would delete the specification that an agency is not required to artificially construct alternatives, describe unreasonable alternatives, or justify why it has not described alternatives. (3) The act requires a state agency to assess the potential of a proposal to adopt, amend, or repeal a regulation to adversely affect business enterprises and individuals. This bill would also require an agency to submit an economic impact statement that makes that assessment and would also require an agency, before submitting a proposal, to prepare a small business economic impact statement that contains specified information. (4) Under the act, the agency must issue a notice of proposed action that includes prescribed information, including, if a state agency makes an initial determination that the adoption, amendment, or repeal of a regulation will not have a significant statewide adverse economic impact directly affecting business, a declaration of that determination. This bill would delete that requirement and instead require, if an agency declares that it is not aware of any cost impact, that the notice of proposed action include a statement describing how a private person or business could comply with the proposed regulation without incurring a cost. This bill would also require that the notice of proposed action include the small business economic impact statement that this bill requires an agency to prepare. (5) The act also requires the Department of Finance to adopt and update, as necessary, instructions for inclusion in the State Administrative Manual prescribing the methods that any agency is required to use in making the determinations relating to mandates on local agencies or school districts, as specified. This bill would also require the Department of Finance to adopt and update, as necessary, instructions prescribing the methods that any agency is required to use in making the determinations relating to significant, statewide adverse economic impacts directly affecting business, as specified. (6) The act requires the Office of Administrative Law to review and approve regulations that are adopted, amended, or repealed, using prescribed standards. The act requires that the office reject a proposed regulation in specified circumstances. This bill would require that the office reject a proposed regulation if the adopting agency does not provide specified information relating to the small business economic impact statement. (7) The act authorizes any interested person to obtain a judicial declaration as to the validity of specified regulations or orders of repeal, by bringing an action for declaratory relief in the superior court in accordance with the Code of Civil Procedure. This bill would specify that an interested person includes, but is not limited to, a small business or an organization or trade association that represents small businesses and whose members are affected by the regulation. (8) The bill would also make conforming changes to the act.

Bill Text

Action History

  1. From Assembly without further action.

  2. From committee without further action.

  3. Re-referred to Com. on RULES.

  4. Hearing postponed by committee.

  5. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B.,P. & C.P.

  6. To Com. on B. & P.

  7. In Assembly. Read first time. Held at Desk.

  8. Read third time. Passed. (Ayes 34. Noes 2. Page 2708.) To Assembly.

  9. Read second time. To third reading.

  10. Placed on second reading file.

  11. Withdrawn from committee.

  12. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  13. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  14. Set, second hearing. Held in committee and under submission.

  15. (Suspense - for vote only.)

  16. Set for hearing May 28.

  17. Placed on APPR suspense file.

  18. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  19. Set for hearing May 18.

  20. Set, first hearing. Hearing canceled at the request of author.

  21. Set for hearing May 11.

  22. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 6. Noes 2. Page 675.) Re-referred to Com. on APPR.

  23. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., P. & E.D.

  24. Set for hearing April 27.

  25. Set, first hearing. Hearing canceled at the request of author.

  26. Set for hearing April 13.

  27. To Com. on B., P. & E.D.

  28. From print. May be acted upon on or after March 28.

  29. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Calderon · Cosponsor
  • Arambula · Cosponsor
  • Correa · Cosponsor
  • DeSaulnier · Cosponsor
  • DeVore · Cosponsor
  • Dutton · Cosponsor
  • Jeffries · Cosponsor
  • Nielsen · Cosponsor
  • Silva · Cosponsor
  • Smyth · Cosponsor
  • Solorio · Cosponsor
  • Wright · Primary
  • Roger W. Niello · Cosponsor

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 109 not signed on

Sponsors (1)

  • Wright

Co-sponsors (12)

  • Calderon
  • Arambula
  • Correa
  • DeSaulnier
  • DeVore
  • Dutton
  • Jeffries
  • Nielsen
  • Silva
  • Smyth
  • Solorio
  • Niello, Roger W. Republican

Not signed on (109)

109 members have not signed on to this bill.

Show all 109 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SENATE 3RD READING SB356 WRIGHT

Passed 35 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32203
Democratic 2000
Republican 1000
Total 35203
% of votes cast 88%5%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Nay
Wyland — Yea
Cedillo — Yea
Cogdill — Yea
Harman — Yea
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Wiggins — Nay
Aanestad — Yea
Alquist — Not Voting
Ashburn — Yea
Hollingsworth — Yea
Maldonado — Not Voting
Oropeza — Yea
Wolk — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Wolk — Yea
Walters — Yea
Corbett — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 7 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7202
Total 7202
% of votes cast 64%18%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Negrete — Yea
Florez — Nay
Corbett — Not Voting
Correa — Yea
McLeod — Yea
Oropeza — Not Voting
Romero — Nay
Walters — Yea
Aanestad — Yea
Wyland — Yea

Official roll call →

Subjects

public-safety finance labor
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Frequently asked questions

What does SB 356 do?
(1) The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. An agency that is considering adopting, amending, or repealing a regulation is authorized to consult with interested persons before initiating regulatory action, and requires an agency to do so when the regulation involves complex or numerous proposals. This bill would require the agency, if it does not, or is unable to, consult with these parties to inform in writing the Office of Small Business Advocate and the Department of Finance of its decision and the reasons for not consulting the impacted businesses. (2) The act requires every state agency subject to the act to submit, with the notice of the proposed adoption, amendment, or repeal of a regulation, an initial statement of reasons for proposing the adoption, amendment, or repeal of a regulation, which is required to include, among other things, a description of any reasonable alternatives that would lessen any adverse impact on small business and the agency's reasons for rejecting those reasonable alternatives. The act specifies the agency is not required, in this initial statement, to artificially construct alternatives, describe unreasonable alternatives, or justify why it has not described alternatives. This bill would require the agency to describe the agency's reasons for rejecting each specific alternative, and would delete the specification that an agency is not required to artificially construct alternatives, describe unreasonable alternatives, or justify why it has not described alternatives. (3) The act requires a state agency to assess the potential of a proposal to adopt, amend, or repeal a regulation to adversely affect business enterprises and individuals. This bill would also require an agency to submit an economic impact statement that makes that assessment and would also require an agency, before submitting a proposal, to prepare a small business economic impact statement that contains specified information. (4) Under the act, the agency must issue a notice of proposed action that includes prescribed information, including, if a state agency makes an initial determination that the adoption, amendment, or repeal of a regulation will not have a significant statewide adverse economic impact directly affecting business, a declaration of that determination. This bill would delete that requirement and instead require, if an agency declares that it is not aware of any cost impact, that the notice of proposed action include a statement describing how a private person or business could comply with the proposed regulation without incurring a cost. This bill would also require that the notice of proposed action include the small business economic impact statement that this bill requires an agency to prepare. (5) The act also requires the Department of Finance to adopt and update, as necessary, instructions for inclusion in the State Administrative Manual prescribing the methods that any agency is required to use in making the determinations relating to mandates on local agencies or school districts, as specified. This bill would also require the Department of Finance to adopt and update, as necessary, instructions prescribing the methods that any agency is required to use in making the determinations relating to significant, statewide adverse economic impacts directly affecting business, as specified. (6) The act requires the Office of Administrative Law to review and approve regulations that are adopted, amended, or repealed, using prescribed standards. The act requires that the office reject a proposed regulation in specified circumstances. This bill would require that the office reject a proposed regulation if the adopting agency does not provide specified information relating to the small business economic impact statement. (7) The act authorizes any interested person to obtain a judicial declaration as to the validity of specified regulations or orders of repeal, by bringing an action for declaratory relief in the superior court in accordance with the Code of Civil Procedure. This bill would specify that an interested person includes, but is not limited to, a small business or an organization or trade association that represents small businesses and whose members are affected by the regulation. (8) The bill would also make conforming changes to the act.
Who sponsors SB 356?
SB 356 is sponsored by Calderon, Arambula, Correa, DeSaulnier, DeVore, Dutton, Jeffries, Nielsen, Silva, Smyth, Solorio, Wright, and Niello, Roger W. (Republican).
What is the current status of SB 356?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 356?
Track SB 356 free on One Click Politics — get push/email alerts when it moves.

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