AB 3368 — 2020 Small Business Reform Act: petitions to adopt, amend, or repeal regulations.
Last action — In committee: Held under submission.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2019-2020 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
Existing law requires the Governor to appoint the Small Business Advocate and establishes the duties and functions of the Small Business Advocate to include, among others, 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. Under existing law, any interested person may petition a state agency requesting the adoption, amendment, or repeal of a regulation. Existing law requires the state agency to either deny the petition, as prescribed, or schedule the matter for a public hearing, as prescribed. Existing law prohibits a small business liaison from advocating for or against the adoption, amendment, or repeal of any regulation or intervening in any pending investigation or enforcement action. This bill would require the Small Business Advocate and each small business liaison to provide technical advice and assist small businesses in filing petitions to request the adoption, amendment, or repeal of a regulation. The bill would also require the Small Businesses Advocate to provide counsel and offer recommendations to state agencies who receive those petitions from small businesses. The bill would require each state agency to include on its internet website information regarding the submission of a petition, as specified. The bill would authorize a small business liaison to advocate for or against the adoption, amendment, or repeal of a regulation that is requested by petition. Existing law requires a state agency that receives a petition to notify the petitioner in writing of the receipt of the petition and, within 30 days, either deny the petition in writing indicating why the agency has reached its decision on the merits of the petition or schedule the matter for public hearing in accordance with specified notice and hearing requirements. This bill would require a state agency that receives a petition from a small business to forward a copy of the petition to the Small Business Advocate and the related agency liaison. The bill would authorize the advocate and the agency liaison to issue written comments as to the validity of the petition, and would require the advocate and the agency liaison to offer a petitioner at least one meeting to discuss the contents of a petition. The bill would also require the state agency to notify the petitioner of receipt of the petition within 30 days. Existing law requires the Small Business Advocate to submit a written annual report to the Governor and to the Legislature that, among other things, describes the activities and recommendations of the Office of the Small Business Advocate. This bill would require the annual report to additionally include the number and the nature of complaints filed with or referred to the office, small business liaison, and the small business advocate, the number and nature of petitions referred to the office, and recommendations on new state activities or modifications on current state activities that may be appropriate to assist in the development and strengthening of minority and other small business enterprises.
Bill Text
- Amended 05/19/20 - Amended Assembly Current pdf May 19, 2020
- Introduced 03/05/20 - Introduced pdf March 05, 2020
- AB3368 View text html
Action History
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In committee: Held under submission.
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In committee: Set, first hearing. Referred to APPR. suspense file.
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (May 12).
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Referred to Com. on J., E.D., & E.
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From printer. May be heard in committee April 5.
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Read first time. To print.
Sponsors
- Committee on Jobs, Economic Development, and the Economy · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Committee on Jobs, Economic Development, and the Economy
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Cunningham | — | Yea |
| Chau | — | Yea |
| Luz Rivas | — | Yea |
| Boerner, Tasha | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 3368 do?
- Existing law requires the Governor to appoint the Small Business Advocate and establishes the duties and functions of the Small Business Advocate to include, among others, 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. Under existing law, any interested person may petition a state agency requesting the adoption, amendment, or repeal of a regulation. Existing law requires the state agency to either deny the petition, as prescribed, or schedule the matter for a public hearing, as prescribed. Existing law prohibits a small business liaison from advocating for or against the adoption, amendment, or repeal of any regulation or intervening in any pending investigation or enforcement action. This bill would require the Small Business Advocate and each small business liaison to provide technical advice and assist small businesses in filing petitions to request the adoption, amendment, or repeal of a regulation. The bill would also require the Small Businesses Advocate to provide counsel and offer recommendations to state agencies who receive those petitions from small businesses. The bill would require each state agency to include on its internet website information regarding the submission of a petition, as specified. The bill would authorize a small business liaison to advocate for or against the adoption, amendment, or repeal of a regulation that is requested by petition. Existing law requires a state agency that receives a petition to notify the petitioner in writing of the receipt of the petition and, within 30 days, either deny the petition in writing indicating why the agency has reached its decision on the merits of the petition or schedule the matter for public hearing in accordance with specified notice and hearing requirements. This bill would require a state agency that receives a petition from a small business to forward a copy of the petition to the Small Business Advocate and the related agency liaison. The bill would authorize the advocate and the agency liaison to issue written comments as to the validity of the petition, and would require the advocate and the agency liaison to offer a petitioner at least one meeting to discuss the contents of a petition. The bill would also require the state agency to notify the petitioner of receipt of the petition within 30 days. Existing law requires the Small Business Advocate to submit a written annual report to the Governor and to the Legislature that, among other things, describes the activities and recommendations of the Office of the Small Business Advocate. This bill would require the annual report to additionally include the number and the nature of complaints filed with or referred to the office, small business liaison, and the small business advocate, the number and nature of petitions referred to the office, and recommendations on new state activities or modifications on current state activities that may be appropriate to assist in the development and strengthening of minority and other small business enterprises.
- Who sponsors AB 3368?
- AB 3368 is sponsored by Committee on Jobs, Economic Development, and the Economy.
- What is the current status of AB 3368?
- This bill died with 2019-2020 Regular Session. It reached “In Committee” 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 AB 3368?
- Track AB 3368 free on One Click Politics — get push/email alerts when it moves.
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