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SB-543 State agencies: nonprofit liaison.(2021-2022)

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Date Published: 05/20/2021 09:00 PM
SB543:v97#DOCUMENT

Amended  IN  Senate  May 20, 2021
Amended  IN  Senate  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 543


Introduced by Senator Limón
(Coauthor: Assembly Member Luz Rivas)

February 18, 2021


An act to add Article 15 (commencing with Section 11149) to Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to state agencies.


LEGISLATIVE COUNSEL'S DIGEST


SB 543, as amended, Limón. State agencies: nonprofit liaison.
Existing law requires a state agency that significantly regulates or impacts small business to designate a person to serve as a small business liaison for the state agency, and specifies the duties of a small business liaison, including receiving and responding to complaints about the agency from small businesses and providing technical advice and assisting small businesses in resolving problems and questions regarding compliance with the agency’s regulations and relevant statutes.
This bill would require a state agency agency, except as provided, that significantly regulates or impacts nonprofit corporations to designate a person to serve as a nonprofit liaison. liason if the use of existing personnel and resources allows for performance of the duties of the nonprofit liaison. The bill would require the state agency to advertise the existence of the nonprofit liaison and notify the Office of Small Business Advocate within the Governor’s Office of Business and Economic Development and the Attorney General’s office of the name and contact information of the state agency’s designated nonprofit liaison, and of the occurrence of a vacancy in the position of nonprofit liaison within 15 working days of the occurrence of the vacancy. The bill would require the state agency to designate a nonprofit liaison within 3 months after providing notice of the vacancy. on the state agency’s internet website. The bill would establish the responsibilities of a nonprofit liaison, including responding to complaints by nonprofit corporations about the agency and assisting nonprofit corporations with complying with the state agency’s regulations and relevant statutes. The bill would prohibit the nonprofit liaison from advocating for or against the adoption, amendment, or repeal of a regulation, or intervening in a pending investigation or enforcement action.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Article 15 (commencing with Section 11149) is added to Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, to read:
Article  15. Nonprofit Liaison

11149.
 (a) For purposes of this article:
(1) “Nonprofit corporation” means a corporation organized under Part 2 (commencing with Section 5110) or Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code.
(2) (A) “State agency” means a state agency that significantly regulates or significantly impacts nonprofit corporations.
(B) “State agency” does not include the Department of Justice.
(b) A state agency shall designate at least one person to serve as a nonprofit liaison. The state agency shall liaison if the use of existing personnel and resources to perform allows for performance of the duties of the nonprofit liaison.
(c) A state agency shall advertise the existence of its designated nonprofit liaison by displaying the nonprofit liaison’s name and contact information on the state agency’s internet website.

(d)A state agency shall notify the Office of Small Business Advocate within the Governor’s Office of Business and Economic Development and the charitable trusts section of the Attorney General’s office of each of the following:

(1)The name and contact information of the person or persons designated as the state agency’s nonprofit liaison.

(2)An occurrence of a vacancy in the position of nonprofit liaison, within 15 working days of the occurrence of the vacancy. The state agency shall designate a nonprofit liaison within three months after providing notice of the vacancy.

(e)

(d) A nonprofit liaison shall be responsible for all of the following:
(1) Responding to complaints from nonprofit corporations about the state agency.
(2) Providing technical assistance to nonprofit corporations to help them comply with the state agency’s regulations.
(3) Reporting nonprofit corporation concerns and recommendations to the agency head, as defined in Section 11405.40.
(4) Developing and sharing innovative procurement and contracting practices to increase opportunities for nonprofit corporations.

(f)

(e) The nonprofit liaison shall not advocate for or against the adoption, amendment, or repeal of a regulation, or intervene in a pending investigation or enforcement action.