________________________________________________________________________
MEMORANDUM
DATE:
June 26, 2008
TO: Members
of the California State Assembly
FROM:
Juan Arambula, Chair
Assembly Committee on Jobs,
Economic Development, and the Economy
RE: Small
Business Issues
During
the 2007-08 Legislative Session, Members will be meeting
with small business associations,
advocacy groups, and
local small business leaders. The Assembly Committee on
Jobs, Economic Development, and the Economy (JEDE) has
prepared this briefing memorandum to assist Members in their
discussions.
This briefing memorandum is divided into five main
sections. The first section provides background on
California small businesses. The second section includes
bills enacted last year and those currently under review.
The third section includes information on related oversight
hearings held during the 2005-2006 and the 2007-2008
Sessions. The fourth section provides an update on proposed
reforms to the California Enterprise Zone Program related to
small
businesses. The fifth section includes information on
emerging domestic markets and the challenges that small and
emerging business face in accessing business capital.
Table of Contents
I.
Fast
Facts on Small Business in California – pages 1 to 3
II.
Small
Business Legislative Actions – pages 3 to 6
III.
Informational and Oversight Hearings – pages 6 to 11
IV.California
Enterprise Zone Program and Small Business Participation –
page 11
V. Emerging
Domestic Market Advisory Group – pages 11 to 12
VI. Conclusion
– page 12
I. Fast Facts on
Small Business in California
This section provides basic information on small businesses
and microenterprises. To the extent possible, the most
recently available data is used.
Small Business
Small businesses are an integral part of the California
economy, comprising more than 99 percent of all businesses
in the state. More than 50 percent of all employees in
California work for small businesses. Below are additional
facts on small businesses.
-
·
Approximately 115,000 new small businesses were formed
and 149,000 small businesses closed their doors in
2006. Business bankruptcies in California totaled 2,098
in 2006, down from 4,236 in the previous year.
Approximately 50 percent of all small businesses fail
within seven years of opening.
-
·
Small and medium-sized businesses represented 95 percent
of all exporters in California in 2005, exporting 43
percent of all goods. Nationally, small and medium-size
businesses represented only 29 percent of total exports.
Women-Owned
Businesses
While the number of women on corporate boards and in upper
management of Fortune 500 companies significantly lags
behind women's overall representation in the workforce,
women-owned businesses are an increasingly important segment
of the business community. Below are some additional facts
on women-owned businesses (50 percent or more owned by
women) from the Center for Women's Business Research
(Center).
-
·
As
of 2004, there are an estimated 1,249,343 privately
held, women-owned firms in California, accounting for
48.6 percent of all privately held firms in the state.
-
·
The
1,249,343 privately held, women-owned firms in
California generated more than $406 billion in sales and
employed 2,818,949 people in 2004.
-
·
Between 1997 and 2004, the Center estimates that the
number of privately held, women-owned firms in
California increased by 7.1 percent, employment grew by
31.8 percent, and sales increased by 47.2 percent.
-
·
Among the 50 states and Washington, D.C., California
ranked first in the number of privately held,
women-owned firms in 2004, first in employment, and
first in sales.
-
·
California ranked 47th in the growth in the number of
privately held, women-owned firms between 1997 and 2004,
19th in employment growth, and 24th in sales growth
among the states and Washington, D.C.
-
·
Woman-owned firms, particularly among ethnic women,
increased at a rate five times greater than all firms.
The rate of African-American, women-owned firms
increased by 12 percent annually, as compared to 2
percent for all firms and just under 4 percent for all
woman-owned firms.
Minority-Owned
Businesses
In 2000, the Milken Institute's Center on Emerging Domestic
Markets, issued a report, in collaboration with the United
States Department of Commerce, which found minority-owned
firms are surpassing the growth of all U.S. businesses,
growing at a rate of 17 percent per year, six times the
growth rate of all other firms. Minority firms’ sales are
growing 34 percent per year—more than twice the rate of all
other firms. California has also seen an increase in
minority-owned firms, including:
However, even with this growth, minority-owned firms receive
less than 2 percent of venture capital.
Microenterprise
A small subset of "small business," are microenterprises.
A business is generally considered a microenterprise if it
has five or fewer employees and was started with $35,000 or
less.
-
·
Estimates place the number of microenterprises in the
U.S. at over 20 million businesses.
-
-
·
In
2003, microenterprises comprised over 88 percent of the
number of businesses in California, equaling 2,829,108
businesses.
-
-
·
The
2.8 million microenterprises employed 18.8 percent of
all workers in California in 2003.
II. Small Business
Legislative Actions
This section identifies legislative actions related to small
businesses that were signed into law during the 2005-06 and
the 2007-08 Legislative Sessions. The section also includes
a list of pending legislation in 2008.
Please note that small businesses may also be heavily
impacted by changes in laws in many areas, including:
bankruptcy, environmental standards, and land use. This
document will be periodically updated to reflect the
progress of this legislation.
Bills Signed
into Law
·
AB
348 (Arambula and Bass) – Self Certification of Small
Business Eligibility: This bill authorizes a business
to self certify, under penalty of perjury, that the business
is an eligible small business to sell goods and provide
services to state and local governments. Currently, a
business must be certified by each government agency with
which it wishes to do business even though the requirements
for such certification are often duplicative. The multiple
applications and lengthy review processes often act as a
deterrent for small businesses from engaging in sales to
state and local governments. Status: Signed by the
Governor, Chapter 185, Statutes of 2005
·
AB
424 (Calderon) – Business Identity Theft: This bill
creates the crime of identity theft perpetrated against a
business and gives businesses that are victims of identity
theft the same rights as individuals. It allows businesses
that are victims of identity theft to file a police report
and to obtain fraudulent account information from a credit
grantor who has provided credit to an identity thief.
Status: Signed by the Governor, Chapter 10, Statutes of
2006
·
AB
610 (Price) – Leverage of the Small Business Expansion Fund:
This bill enhances the Small Business Loan Guarantee
Program's ability to leverage existing program dollars,
resulting in the ability to serve more small businesses'
financial needs per year. Status: Signed by the
Governor, Chapter 601, Statutes of 2007
·
AB
761 (Coto) – Small Business Preferences: This bill
requires each state agency awarding contracts that are
financed with proceeds from the infrastructure bonds
approved by voters in November, 2006, to establish a
25-percent small business participation goal for state
infrastructure construction contracts and to provide
specified assistance to small businesses bidding on state
infrastructure bond-related contracts. Status:
Signed by the Governor, Chapter 611, Statutes of 2007
·
AB
1104 (Aghazarian) – Disaster Assistance and the Small
Business Expansion Fund: This bill makes modifications
to the Small Business Loan Guarantee Program relating to
small business disaster guarantees and eligible investments
of SBLGP funds. Status: Signed by the Governor,
Chapter 624, Statutes of 2007
·
AB
1550 (Arambula) – Economic Incentive Areas: This bill
provides meaningful improvements to the management,
oversight, and transparency of the California Enterprise
Zone Program and other Geographically-Targeted Economic
Development Area programs. Status: Signed by the
Governor, Chapter 718, Statutes of 2006
·
AB
2098 (Liu) – State-Government: Electronic Payment System:
This bill requires the Department of Technology Services
to design and implement a comprehensive electronic payment
system that will allow all state agencies to receive and
make payments through electronic funds transfers, credit
cards, debit cards, and automated clearinghouse debits and
credits. Status: Signed by the Governor, Chapter
818, Statutes of 2006
·
AB
2330 (Arambula) – Small Business Costs Study: This bill
requires the Office of the Small Business Advocate to
commission a study of the costs of state regulations on
small businesses that is parallel to the study on the impact
of regulatory costs on small firms conducted by the federal
Small Business Administration. The Office is required to
make recommendations on how to reduce the cost of existing
and future regulations on businesses while achieving the
same policy and regulatory objectives. This bill also
convenes a small business advisory committee to provide
advice based on the study and recommendations. Status:
Signed by the Governor, Chapter 232, Statutes of 2006
·
AB
3058 (JEDE) – Small Business Disaster Preparedness:
This bill reduces economic losses attributable to disasters,
by providing technical assistance to small businesses on
disaster preparedness. Specifically, the bill: (1)
enhances the duties of the Office of the Small Business
Advocate to include advocacy on disaster preparedness and
recovery, including the provision of technical assistance;
(2) requires the SBA, in cooperation with the Office of
Emergency Services, to develop a handbook for small
businesses on emergency preparedness, responding in an
emergency, and recovery strategies; and, (3) requires the
SBA, with the assistance of OES, to hold at least three
meetings, in different locations in California, to share
best practices on disaster preparedness for small
businesses. Status: Signed by the Governor, Chapter
233, Statutes of 2006
·
SB
115 (Florez) – California Disabled Veteran Business
Enterprise Program: This bill sets up uniform processes
for all state contracting that would provide Disabled
Veteran Business Enterprise participation incentives to
bidders. Status: Signed by the Governor, Chapter
451, Statutes of 2005
·
SB
1436 (Figueroa) – Small Business Regulatory Standards:
This bill requires the Department of Technology Services to
create a link to state agency web sites at the State of
California Internet Portal so small businesses can access
information regarding startup requirements and regulatory
compliance. It requires each state agency that
significantly regulates or impacts small business, to
designate at least one individual to serve as a small
business liaison for the agency. It also requires each
agency to ensure that the state's procurement and
contracting processes are administered in order to meet or
exceed the 25-percent small business participation goal.
Status: Signed by the Governor, Chapter 234, Statutes
of 2006
Pending Bills in
2007-08 Legislative Session
·
AB 1189 (Assembly Committee on Veterans Affairs) –
California Disabled Veteran Business Enterprise Program:
This bill requires that awarding departments obtain copies
of a contractor's Disabled Veteran Business Enterprise
certification letter and reference number, issued by the
Department of General Services, and check the contractor's
standing as a certified DVBE on the Department of General
Services Web site, prior to awarding a contract based on the
contractor's DVBE status. Status: Pending on the
Senate Floor
·
AB
1942 (Ruskin) – Penalty Increases for Small Business
Procurement Act: This bill increases and conforms
penalties for persons who falsely engage in activities
relating to the Small Business Procurement and Contract Act,
including small businesses, microbusinesses, and disabled
veteran-owned business enterprises. Status: Pending
in the Senate Appropriations Committee
·
AB
2376 (Price) – Emerging Contractors Technical Assistance
Program: This bill establishes the Small and Emerging
Contractors Technical Assistance Program, administered by
the California Department of Transportation, to provide
small contractors with technical assistance and training to
improve their knowledge and skills necessary to obtain
surety bond guarantees offered by the federal Small Business
Administration. The program is repealed on January 1,
2013. Status: Pending in the Senate Appropriations
Committee
·
AB
2773 (Price) – Streamlined Procurement Process: This
bill increases the maximum contract threshold amount for
awards to a small business and DVBE, under a specific
streamlined procurement process, from $100,000 to $250,000.
Status: Pending in the Senate Appropriations
Committee
·
AB
2778 (Mendoza) – Definition of Small Manufacture:
Updates the definition of "manufacturer" under the Small
Business Procurement and Contract Act by replacing the
manufacturing code references in the Standard Industrial
Classification Manual with the North American Industry
Classification System codes. Status: Pending in the
Senate Appropriations Committee
·
AB
2854 (Mendoza) – Small Business One-Stop Shop: This
bill requires the establishment of a one-stop web site for
small business-related announcements and funding
opportunities offered by state agencies. This requirement
is repealed on January 1, 2014. Status: Pending in
the Senate Appropriations Committee
·
AB
2998 (Carter) – Microenterprise Development and the
Workforce Investments Act: This bill requires the
California Workforce Investment Board to develop guidelines
for entrepreneurial training and makes technical
modifications to the definition of microenterprise.
Status: Pending in the Senate Appropriations Committee
·
SB
983 (Correa) – Prompt Payment of Authority for DVBEs:
Requires state departments to pay prompt payment penalties
when missing specified timelines on state procurement
contracts. Status: Pending in the Assembly
Appropriations Committee
·
SB
1200 (Duchney) – Native American Direct Loan and Guarantee
Program: Expands the Small Business Loan Guarantee
Program to include direct loan and loan guarantees to
qualified nongaming tribes. Moneys for these loans and
guarantees will be separately capitalized. Status:
Pending in the Assembly Appropriations Committee.
·
SB
1687 (Negrete McCloud) – Persons with Developmental
Disabilities Business Enterprises: Establishes a new
category of procurement outreach for persons with
development disabilities business enterprises, which
includes businesses owned or managed by a person or majority
of people with developmental disabilities or by a
community-based nonprofit serving persons with developmental
disabilities. Status: Pending in the Assembly
Appropriations Committee.
*As other bills are identified as relevant to small
business, the Committee will update the aforementioned
listing.
III. Informational
and Oversight Hearings
During the 2005/06 and the 2007/08 legislative sessions,
JEDE held several informational hearings on issues of
concern to small business. Several of these hearings are
described below. The final sections of the memorandum
include an expanded description of JEDE's review of the
California Enterprise Zone Program and an update on the
activities of the Emerging Domestic Market Advisory Group.
The Business
Climate for Growth and Development of the California Economy
(2005)
On Wednesday, February 9, 2005, JEDE convened an
informational hearing to examine California’s current
business climate and the competitiveness of business
activities and investment in California.
The Chairman commenced the hearing by stating that the JEDE
Committee meetings and activities should be used to foster
better collaboration between business and government,
including both Houses of the Legislature, both political
parties, and the Executive branch. Collectively, this
collaboration can help accelerate California’s economic
recovery. It was mentioned that through the hearing, it is
hoped that further legislative reform will occur to help
sustain the current economic recovery underway.
The purpose of the hearing was to assess California’s
competitive and regulatory issues as seen from a business
perspective. The hearing participants, representing various
business interests, examined California’s competitiveness in
retaining and attracting jobs, challenges to developing a
skilled workforce, and future directions and choices
California can make to expand its economy.
A number of suggestions were made on how California could
improve the overall business climate. Among the suggestions
that influenced future legislation were supporting the
existing network of economic developers by encouraging the
contribution of more local resources, helping business
retention efforts by promoting customer service training,
and identifying state regulations that could be more
efficient and less cumbersome to small businesses while
achieving the same policy objectives.
The Chair concluded the hearing by stating, “Collectively,
we should be able to bring together the resources necessary
to fast-track our economic recovery throughout the state by
expanding business, developing new technologies and creating
jobs – making California a safe and healthy place for
everyone to live and work.”
Overview of
Small Business and Microenterprise Development (2005)
On Tuesday, April 5, 2005, JEDE convened a special order of
business to examine small businesses and microenterprises.
Testimony during the special order demonstrated the
importance of microenterprises and small businesses to the
overall California economy. The hearing participants,
representing both microenterprises and small businesses,
discussed training programs that help provide a skilled
California workforce, regulations imposed on smaller
businesses, and projected needs of smaller businesses in
order to remain competitive.
Information presented during the special order also shed
light on the important link between larger companies and
smaller businesses, which large companies contract with for
specialized work.
Participants noted that microenterprise businesses alone
directly account for 19.2 percent of California’s
employment; are 78-percent women owned; and, coupled with
small businesses, provide an invaluable catalyst for the
California economy.
At the conclusion of the hearing members of JEDE were
committed to continue to find ways to address the needs of
small business through the legislation they reviewed.
Microenterprise:
The Engine of Regional Economies (2006)
On Tuesday, July 26, 2006, JEDE convened an informational
hearing on the role of microenterprise in regional
economies. At the conclusion of the hearing it was clear
that there is a need for a more comprehensive,
microentrepreneur-centered, community reinvestment model to
better address the needs of businesses, underserved
communities, and public and private investors.
Existing policies and programs are fragmented and appear to
focus either on broad community development objectives, or
individual worker development objectives. These fragmented
policies and programs have resulted in local community
developers, such as microenterprise development
organizations, having to package increasingly complex deals
that blend multiple funding sources. Each additional source
of funding adds new layers of regulation, reporting, and
monitoring without necessarily adding value. A more
comprehensive approach to community development would also
reduce unnecessary administrative burdens while increasing
program dollars for project delivery.
A few of the
recommendations from the hearing include:
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·
Encouraging more private
investment in microenterprise, including an increase in
the percentage of Community Development Financial
Institutional microenterprise activities in California.
[Addressed in an Arambula sponsored investor working
convened in conjunction with the Latino Caucus and the
California Hispanic Chambers of Commerce]
-
·
Developing a resource
coordination function within state government to assist
local jurisdictions, nonprofits, foundations, and
financial institutions to identify resources and partner
with the state for entrepreneur development. [Addressed
in AB 1606 (Arambula), 2007/06 Session]
California's
Economic Development Programs: Meeting the Challenges of
Today's Economy (2007)
On Tuesday, March 28, 2007, JEDE and the Budget Subcommittee
4 on State Administration held a joint hearing to examine
the state's workforce investment and economic development
programs. This hearing followed up on the findings and
recommendations from the international trade and
microenterprise hearings JEDE has held in the previous
session, further focusing on the need for a more
comprehensive and streamlined approach to economic and
workforce development.
Recommendations from the hearing include, but are not
limited to, the following actions:
-
·
Streamline state regulatory,
licensing, and permitting requirements for small
business and microenterprise start-ups through on-line,
one-stop application and assistance programs.
-
·
Develop an integrated
strategy on the delivery of state and local workforce
and economic development programs to provide skilled
workers for emerging industries such as cleantech, and
to meet the workforce demands of emerging economic
trends such as the manufacturing value chain. [Addressed
in AB 1606 (Arambula), 2007/08 Session]
California's
Economic Development Programs: Meeting the Challenges of
2008 (2008)
On Tuesday, March 4,
2008, JEDE held a hearing to review the progress being made
in implementing legislation enacted in the current and
previous sessions. During the course of the hearing,
Members also had an opportunity to hear from senior-level
Canadian officials on how Canada undertakes its foreign
trade and investment programs.
This review of previously enacted legislation formed the
foundation of the Committee's examination of the state's
economic and workforce development policies, programs, and
services, and their ability to meet three challenges facing
California’s economy today and into the next decade,
including:
While the specific purpose of the hearing is to oversee the
implementation of previously enacted legislation, Members
also examined larger and more over-arching economic
development issues including, but not limited to:
-
·
Whether or not the state has the optimal mix of
policies, programs, and services to meet the current and
near-future economic challenges facing California.
[Addressed in AB 2711 (Portantino, Arambula, Salas, and
Price, 2007/08 Session]
-
·
Whether or not the state has the optimal mix of
policies, programs, and services to attract the private
sector investment needed to achieve state economic
development objectives.
[Addressed in an Arambula sponsored investor working
convened in conjunction with the Latino Caucus and the
California Hispanic Chambers of Commerce]
-
·
Whether or not the current administrative, fiscal, and
programmatic structure proactively supports emerging
technologies and innovative processes. [Addressed in AB
2711 (Portantino, Arambula, Salas, and Price, 2007/08
Session]
-
·
Whether or not the current policies, programs, and
services strengthen historically weak regional or local
economies, and thereby reduce future public costs for
public assistance, law enforcement, and public health.
[Addressed in AB 1606 (Arambula),
2007/08 Session]
California's
Proposed International Trade and Investment Strategy:
Legislative Review by the Assembly Policy and Fiscal
Committees (2008)
On Tuesday, May 6, 2008, JEDE held its statutory required
hearing on the preliminary California International Trade
and Investment Strategy (Strategy), pursuant to Section
13996.55 of the Government Code.
During this review, Members had an opportunity to hear from
the Business, Transportation, and Housing Agency on how the
strategy was developed and their purpose in choosing certain
actions to implement the goals and objectives. Members also
heard from key stakeholder groups on how the priorities and
recommended actions address how the state can best assist
California businesses to be more competitive in the global
economy. A special focus of the strategy is required to be
of assistance to small and medium size businesses.
More specifically, the Members examined how the preliminary
strategy addresses:
-
·
The
state's economic development needs and opportunities,
particularly as they relate to innovation, research and
development, and other technology commercialization
areas.
-
·
Import and export opportunities and challenges for
California's businesses, in general, and small and
medium- sized businesses, in particular.
-
·
Attraction of private investment capital to California,
in general, and to emerging domestic markets, in
particular.
The complexity of the California economy and the changing
global business environment makes the development of any
strategy such as this very challenging. These challenges
also underline why having an effective and implementable
Strategy is so important. JEDE introduced AB 3046 and
sponsored AB 2711 (Portantino, Arambula, Salas, and Price)
to address many of the issues raised at this hearing.
IV. California
Enterprise Zone Program and Small Business Participation
During the 2005/06 session, JEDE and the Assembly Committee
on Revenue and Taxation held a series of hearings reviewing
California’s Enterprise Zone Program. The hearings were
meant to shed light on a program that had not been
comprehensively reviewed since its inception. From the
hearings, JEDE produced a list of recommended reforms for
the Enterprise Zone program, including a number of
recommendations that would increase the efficacy of the
program for small businesses. Those recommendations
include:
-
·
Authorizing small businesses to transfer the value of
the hiring credit against certain other state taxes
owed, i.e. sales tax. Many small businesses have little
use for an income tax credit, but could use credits
against other state tax liabilities.
-
·
Requiring enterprise zone managers to develop a
directory of businesses located in each enterprise
zone. Each zone marketing plan should include how
existing local, state, and federal resources will be
used to retain and grow these businesses, as well as
attract new businesses. Too often, zone activities are
almost exclusively focused on a few large companies
relocating into the zone rather than serving the full
range of businesses within the zone. [Addressed in AB
1550 (Arambula and Karnette), 2005/06 Session]
-
·
Requiring enterprise zones to have "pre-certification"
programs for eligible employees. This does not preclude
employers from hiring non-"pre-certified" employees and
still receive credits; however, identifying prospective
employees who are eligible for hiring credit vouchers
would make it be easier for small businesses to utilize
vouchers.
V. Emerging
Domestic Market Advisory Group
Beginning in October 2007, Assemblyman Juan Arambula, in
conjunction with the Latino Legislative Caucus and the
California Hispanic Chambers Association, convened the first
round of discussions of the Emerging Domestic Market (EDM)
Advisory Group. Comprised of national investment leaders,
the advisory group focused on concrete actions that could be
taken to remove impediments and increase private sector
investment in California's EDMs.
Over the next 40 years, it is estimated that more than 85
percent of U.S. population growth will come from ethnic
groups. This shift is already so significant that the
combination of African American and Hispanic consumer
markets is larger than the gross domestic product (GDP) of
all but nine countries in the world.
With this growing diversity comes a change in the make-up
of business ownership in the country. While minority owned
businesses represent the fastest growing segment of the
business community, many of these businesses remain severely
restrained by a lack of access to capital. The Milken
Institute reports that Latinos and African-Americans are
turned down for business loans at three times the rate of
whites with equivalent credit characteristics.
Research shows that many communities and businesses can
become private investment ready through more effective
partnerships between the nonprofit, private, and pubic
sectors. From the state's perspective, assisting small
businesses to become investment ready is a very cost
effective strategy, as even relatively "small" investments
by large institutional investors represent significant new
economic and community development sources of funding.
Already, both the California Public Employees Retirement
System (CalPERS) and the California State Teachers
Retirement System (CalSTRS) adopted an EDM investment goal
of 2 percent of their entire portfolio. CalSTRS exposure in
California's underserved and emerging markets was $2.3
billion, as of December 31, 2007, representing a $364
million increase in direct investments in California
communities from the previous year. The public sector
working alone could never outpace the volume or impact of
large institutional investors' actions.
From the investor's standpoint, EDM investments is a
growing niche market that can provide appropriate
risk-adjusted returns. CalPERS, as an example, estimates
the pro-forma internal rate of return from its $2.6 billion
California Urban Real Estate portfolio is 20.2 percent.
The EDM Working Group made its first report back to the
Latino Legislative Caucus in February 2008, which includes
recommendations for strengthening California's small
businesses and better aligning public resources to leverage
private investment capital.
VI. Conclusion
For more information on small business issues, please
contact the Assembly Committee on Jobs, Economic
Development, and the Economy. The Committee Office is
located in the Legislative Office Building at 1020 N Street,
Room 369.
Other reports, fact sheets, and information may be found at
the Committee's Web site, which is located under the name,
Assembly Committee on Jobs, Economic Development, and the
Economy, at:
http://www.assembly.ca.gov/acs/acsframeset8text.asp .