Article 5. Small Business Advocate of California Government Code >> Division 3. >> Title 2. >> Part 2. >> Chapter 1.6. >> Article 5.
(a) The Legislature finds and declares that it is in the
public interest to aid, counsel, assist, and protect, insofar as is
possible, the interests of small business concerns in order to
preserve free competitive enterprise and maintain a healthy state
economy.
(b) In order to advocate the causes of small business and to
provide small businesses with the information they need to survive in
the marketplace, there is created within the Governor's Office of
Business and Economic Development the Office of Small Business
Advocate.
(c) The advocate shall post on his or her Internet Web site the
name and telephone number of the small business liaison designated
pursuant to Section 14846.
The following definitions apply to this article, unless
otherwise indicated:
(a) "Advocate" means the Small Business Advocate who is also the
Director of the Office of Small Business Advocate.
(b) "Director" means the Director of the Office of Small Business
Advocate.
(c) "Office" means the Office of Small Business Advocate.
(a) The Director of the Office of Small Business Advocate
shall be appointed by, and shall serve at the pleasure of, the
Governor.
(b) The Governor shall appoint the employees who are needed to
accomplish the purposes of this article.
(c) The duties and functions of the advocate shall include all of
the following:
(1) Serve as the principal advocate in the state on behalf of
small businesses, including, but not limited to, advisory
participation in the consideration of all legislation and
administrative regulations that affect small businesses, and advocacy
on state policy and programs related to small businesses on disaster
preparedness and recovery including providing technical assistance.
(2) Represent the views and interests of small businesses before
other state agencies whose policies and activities may affect small
business.
(3) Enlist the cooperation and assistance of public and private
agencies, businesses, and other organizations in disseminating
information about the programs and services provided by state
government that are of benefit to small businesses, and information
on how small businesses can participate in, or make use of, those
programs and services.
(4) Consult with experts and authorities in the fields of small
business investment, venture capital investment, and commercial
banking and other comparable financial institutions involved in the
financing of business, and with individuals with regulatory, legal,
economic, or financial expertise, including members of the academic
community, and individuals who generally represent the public
interest.
(5) Seek the assistance and cooperation of all state agencies and
departments providing services to, or affecting, small business,
including the small business liaison designated pursuant to Section
14846, to ensure coordination of state efforts.
(6) Receive and respond to complaints from small businesses
concerning the actions of state agencies and the operative effects of
state laws and regulations adversely affecting those businesses.
(7) Counsel small businesses on how to resolve questions and
problems concerning the relationship of small business to state
government.
(8) Maintain, publicize, and distribute an annual list of persons
serving as small business ombudsmen throughout state government.
(a) Each agency of the state shall furnish to the advocate
the reports, documents, and information that are public records and
that the director deems necessary to carry out his or her functions
under this chapter.
(b) The advocate shall prepare and submit a written annual report
to the Governor and to the Legislature that describes the activities
and recommendations of the office, including an evaluation of the
efforts of state agencies and, where appropriate, specific
departments, that significantly regulate small businesses to assist
minority and other small business enterprises, and making
recommendations that may be appropriate to assist the development and
strengthening of minority and other small business enterprises.
(c) The advocate may establish a centralized interactive telephone
referral system and Internet Web site to assist small and minority
businesses in their operations, including governmental requirements,
such as taxation, accounting, and pollution control, and to provide
information concerning the agency from which more specialized
assistance may be obtained. The advocate may establish and advertise
a telephone number and an Internet Web site address to serve this
centralized interactive telephone referral system and Internet Web
site.
In addition to his or her other responsibilities under
this article, the advocate shall do the following:
(a) Develop on the office's Internet Web site in consultation with
the appropriate state agencies, and update as necessary, information
about emergency preparedness, responses to emergencies, and recovery
strategies for small businesses.
(b) Conduct at least one public meeting every year in coordination
with the appropriate state agencies, to share best practices for
small business disaster preparedness. The meetings shall be held in
consultation with regional and statewide small business organizations
and shall take place in different locations throughout the state.
(a) The office shall post information on its Internet Web
site to assist an individual to start a nonprofit corporation in this
state and to assist a nonprofit corporation to achieve compliance
with the state's statutory and regulatory requirements. The Internet
Web site shall contain direct links to information on the
incorporation, registration, and renewal requirements of all of the
following agencies:
(1) The Employment Development Department.
(2) The Franchise Tax Board.
(3) The Internal Revenue Service.
(4) The office of the Attorney General.
(5) The office of the Secretary of the State.
(6) The State Board of Equalization.
(b) The Internet Web site shall include, but not be limited to,
direct links to each agency under subdivision (a) that provides
information that does all of the following:
(1) Assists individuals with identifying all state forms or
documents they may need.
(2) Provides direct links to an electronic copy of all state forms
and documents available for download.
(3) Instructs individuals on how and where to submit all state
forms and documents.
(4) Assists nonprofit corporations with identifying the state's
statutory and regulatory requirements they must comply with to
maintain their status as a nonprofit corporation in this state.
(5) Informs individuals to contact local agencies regarding local
requirements.
(c) The office shall ensure that the Internet Web site is
user-friendly and provides accurate and updated information.
(d) (1) Each state agency under subdivision (a) shall provide the
office with the direct links to the information described in
subdivision (b). The office may refer individuals to the California
Tax Service Center Internet Web site.
(2) A state agency shall not use the Internet Web site established
under this section as the exclusive source of information that it
provides to the public on its requirements for nonprofit
corporations.
Notwithstanding any other law, effective June 30, 2014,
the Economic Adjustment Assistance Grant funded through the United
States Economic Development Administration under Title IX of the
Public Works and Economic Development Act of 1965 (Grant No.
07-19-02709 and 07-19-2709.01) shall be transferred to the Valley
Economic Development Center, Inc. The State of California is the
dismissed grantee and the Valley Economic Development Center, Inc.,
shall be the successor grantee. All responsibilities and authorities
associated with these funds shall be transferred from the Governor's
Office of Business and Economic Development to the Valley Economic
Development Center, Inc., pursuant to the terms and conditions agreed
to by all parties, including the United States Economic Development
Administration, the Governor's Office of Business and Economic
Development, and the Valley Economic Development Center, Inc.,
pursuant to the Offer and Acceptance of Award Amendment For Transfer
of Award entered into by the parties on June 17, 2014.
The office shall post information on its Internet Web site
regarding the programs administered through the statewide network of
small business financial development corporations. Programs covered
shall include loan guarantees, direct lending, surety bond
guarantees, and disaster loans. Information shall be presented in a
manner appropriate to address the needs of both small businesses and
existing and potential financial institutions and financial
companies.
In order to educate small business owners of the
availability of various programs promoting the efficient use of
energy, the office shall include a link to the Energy Upgrade
California Internet Web site on the homepage of its Internet Web
site.