Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

AB-767 Master Business License Act.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/15/2017 09:00 PM
AB767:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 767


Introduced by Assembly Member Quirk-Silva

February 15, 2017


An act to add Part 12. 5 (commencing with Section 15930) to Division 3 of Title 2 of the Government Code, relating to economic development.


LEGISLATIVE COUNSEL'S DIGEST


AB 767, as introduced, Quirk-Silva. Master Business License Act.
Existing law authorizes various state agencies to issue permits and licenses in accordance with specified requirements to conduct business within this state. Existing law establishes the Governor’s Office of Business and Economic Development to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law creates within the Governor’s Office of Business and Economic Development the Office of Small Business Advocate to advocate for the causes of small business and to provide small businesses with the information they need to survive in the marketplace.
This bill would create within the Governor’s Office of Business and Economic Development, or its successor, a business license center to develop and administer a computerized master business license system to simplify the process of engaging in business in this state. The bill would set forth the duties and responsibilities of the business license center. The bill would require each state agency to cooperate and provide reasonable assistance to the office to implement these provisions.
This bill would authorize a person that applies for 2 or more business licenses that have been incorporated into the master business license system to submit a master application to the office requesting the issuance of the licenses. The bill would require the office to develop and adopt an Internet-based platform that allows the business to electronically submit the master application to the office, as well as the payment of every fee required to obtain each requested license and a master application fee, which would be deposited into the Master License Fund, which would be created by the bill. The bill would authorize moneys in the fund, upon appropriation, to be expended only to administer this bill or be transferred to the appropriate licensing agencies. The bill would also require, upon issuance of the license or licenses, the office to transfer the fees, except for the master license fee, to the appropriate accounts under the applicable statutes for those regulatory agencies’ licenses.
The bill would require the office to establish a reasonable fee for each master license application and to collect those fees for deposit into the Master License Fund established by this bill. Funds derived from the master license application fees would be expended to administer the master business license program upon appropriation by the Legislature. The bill would require the license fees of the regulatory agencies deposited into the fund to be transferred to the appropriate accounts of the regulatory agencies, as provided.
The bill would require the office, in consultation with other regulatory agencies, to establish a uniform business identification number for each business that would be recognized by all affected state agencies and used to facilitate the information sharing between state agencies and to improve customer service to businesses.
The bill would also require the Director of Small Business Advocate to work with small business owners and all regulatory agencies to ensure the state’s implementation of a consolidated business license and permit system.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Part 12.5 (commencing with Section 15930) is added to Division 3 of Title 2 of the Government Code, to read:

PART 12.5. MASTER BUSINESS LICENSE ACT

CHAPTER  1. General Provisions

15930.
 This part may be known, and may be cited as, the Master Business Licence Act.

15931.
 As used in this part, the following words shall have the following meanings:
(a) “Business license center” means the business registration and licensing center established by this part and located in and under the administrative control of the office.
(b) “Director” means the Director of the Governor’s Office of Business and Economic Development.
(c) “License information packet” means a collection of information about licensing requirements and application procedures custom assembled for each request.
(d) “License” means the whole or part of any state agency permit, license, certificate, approval, registration, charter, or any form or permission required by law, including agency regulation, to engage in any activity.
(e) “Master application” means a document incorporating pertinent data from existing applications for licenses covered under this part.
(f) “Master business license system” or “system” means the mechanism by which licenses are issued, license and regulatory information is disseminated, and account data is exchanged by state agencies.
(g) “Office” means the Governor’s Office of Business and Economic Development or its successor.
(h) “Person” means any individual, sole proprietorship, partnership, association, cooperative, corporation, nonprofit organization, state or local government agency, and any other organization required to register with the state to do business in the state and to obtain one or more licenses from the state or any of its agencies.
(i) “Regulatory” means all licensing and other governmental or statutory requirements pertaining to business activities.
(j) “Regulatory agency” means any state agency, board, commission, or division that regulates one or more industries, businesses, or activities.

CHAPTER  2. Business License Center

15932.
 (a) There is created within the office a business license center.
(b) The duties of the center shall include, but not be limited to, all of the following:
(1) Developing and administering a computerized one­stop master business license system capable of storing, retrieving, and exchanging license information with due regard to privacy statutes.
(2) Providing a license information service detailing requirements to establish or engage in business in this state.
(3) Identifying types of licenses appropriate for inclusion in the master business license system.
(4) Recommending in reports to the Governor and the Legislature the elimination, consolidation, or other modification of duplicative, ineffective, or inefficient licensing or inspection requirements.
(5) Incorporating licenses into the master business license system.

15933.
 (a) The director may adopt regulations as may be necessary to effectuate the purposes of this part.
(b) The director shall encourage state entities to participate in the online master business license system.

15934.
 Each state agency shall cooperate and provide reasonable assistance to the office in the implementation of this part.

CHAPTER  3. Master License

15935.
 (a) Any person that applies for two or more business licenses that have been incorporated into the master business license system may submit a master application to the office requesting the issuance of the licenses. The office shall develop and adopt an Internet-based platform that allows the business to electronically submit the master application to the office, as well as the payment of every fee required to obtain each requested license and a master application fee established pursuant to Section 15936.
(b) Irrespective of any authority delegated to the office to implement this part, the authority for approving the issuance and renewal of any requested license that requires a prelicensing or renewal investigation, inspection, testing, or other judgmental review by the regulatory agency otherwise legally authorized to issue the license shall remain with that agency.
(c) Upon receipt of the application and proper fee payment for any license for which issuance is subject to regulatory agency action under subdivision (a), the office shall immediately notify the business of receipt of the application and fees.

15936.
  The office shall establish a fee for each master application that does exceed the reasonable costs of administering this part and collect that fee.

15937.
 All fees collected under the master business license system, including the master license application fee and the fees of the regulatory agencies, shall be deposited into the Master License Fund, which is hereby created in the State Treasury. Moneys in the fund from master application fees may, upon appropriation by the Legislature, be expended only to administer this part or be transferred to the appropriate licensing agencies. Moneys in the fund from other fees shall be transferred to the appropriate accounts under the applicable statutes for those regulatory agencies’ licenses.

CHAPTER  4. Uniform Business Identification Number

15940.
 (a) The office, in consultation with other regulatory agencies, shall establish a uniform business identification number for each business. The uniform business identification number shall be recognized by all affected state agencies and shall be used by state agencies to facilitate information sharing between state agencies and to improve customer service to businesses.
(b) It is the intent of the Legislature that the uniform business number would permit the office to do both of the following:
(1) Register a business with multiple state agencies electronically as licenses and permits are processed.
(2) Input and update information regarding a business once, thereby reducing the number of duplicate or conflicting records from one state agency to another.

CHAPTER  5. Oversight

15945.
 The Director of Small Business Advocate from the Governor’s Office of Planning and Research shall work with small business owners and all regulatory agencies to ensure the state’s implementation of a consolidated business license and permit system under this part.