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SB-1168 State agencies: licensing services.(2019-2020)

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Date Published: 05/13/2020 09:00 PM
SB1168:v96#DOCUMENT

Amended  IN  Senate  May 13, 2020
Amended  IN  Senate  April 17, 2020
Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1168

Introduced by Senator Morrell

February 20, 2020

An act to amend Section 11009.5 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


SB 1168, as amended, Morrell. State agencies: licensing services.
Existing law authorizes a state agency that issues any business license to establish a process for a person or business that has been displaced or is experiencing economic hardship as a result of an emergency, as defined, to submit an application for reduction or waiver of fees required by the agency to obtain a license, renew or activate a license, or replace a physical license for display.
This bill would require a state agency that issues any business license to establish a process for a person or business that is experiencing economic hardship as a result of an emergency caused by a virus to submit an application for deferral of fees required by the agency to obtain a license, renew or activate a license, or replace a physical license for display. The bill would require the deferral period to end 60 days following the end of the emergency.
This bill would also require a state agency that issues any business license to establish a process to expedite licensing services, as defined, for a person or business that meets specified criteria, including that the person or business has been displaced by an emergency proclaimed or declared within 365 days of the request for licensing services.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 11009.5 of the Government Code is amended to read:

11009.5.
 (a) For purposes of this section:
(1) “Displaced” means a condition in which the person or business is unable to return to the address of record or other address associated with the license before experiencing economic hardship.
(2) “Economic hardship” means the inability to pay living or business expenses, unless otherwise defined by a state agency pursuant to subdivision (c).
(3) “Emergency” means an emergency as defined in Section 8558 or a declared federal emergency.
(4) “License” includes, but is not limited to, a certificate, registration, or other document required to engage in business.
(5) “Licensing services” includes, but is not limited to, replacing a physical copy of a license that is required to be displayed or carried, applying for or renewing a license, and applying for a waiver or reduction of licensing fees.
(b) (1) Notwithstanding any other law, a state agency that issues any business license may, in addition to the requirements of paragraph (2), establish a process for a person or business that has been displaced or is experiencing economic hardship as a result of an emergency to submit an application, that the agency may grant, for a reduction or waiver of any fees required by the agency to obtain a license, renew or activate a license, or replace a physical license for display.
(2) (A)A state agency that issues any business license shall establish a process for a person or business that is experiencing economic hardship as a result of an emergency caused by a virus to submit an application, that the agency shall may grant, for a deferral of any fees required by the agency to obtain a license, renew or activate a license, or replace a physical license for display.

(B)The deferral period granted pursuant to this paragraph shall end 60 days following the end of the emergency.

(c) A fee deferral, reduction, or waiver process established pursuant to subdivision (b) shall specify, at a minimum, all of the following:
(1) The methodology used by the agency for determining whether a person, as a result of an emergency, has been displaced or is experiencing economic hardship.
(2) The procedure for applying for a fee deferral, reduction, or waiver.
(3) That the application shall be made within one year of the date on which the emergency was proclaimed or declared.
(d) Notwithstanding any other law, a state agency that issues any business license shall establish a process to expedite licensing services for a person or business that meets either of the following criteria:
(1) The person or business has been displaced by an emergency proclaimed or declared within 365 days of the request for licensing services.
(2) The person or business is experiencing economic hardship directly resulting from an emergency proclaimed or declared within 365 days of the request for licensing services.