PRINTER'S NO. 297
No. 267 Session of 1997
INTRODUCED BY TRAVAGLIO, DeLUCA, TRELLO, WALKO, RAMOS,
LEVDANSKY, SHANER, SAINATO, READSHAW, BELARDI, VAN HORNE,
TANGRETTI, FAIRCHILD, MELIO, BUTKOVITZ, DALEY, C. WILLIAMS,
TRICH, PISTELLA, McCALL, ROONEY, PESCI, COLAFELLA AND
LaGROTTA, FEBRUARY 5, 1997
REFERRED TO COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT,
FEBRUARY 5, 1997
AN ACT
1 Amending the act of December 21, 1988 (P.L.1871, No.181),
2 entitled "An act providing for the Office of Small Business
3 Advocate in the Department of Commerce; providing for the
4 powers and duties of the Office of Small Business Advocate
5 and the Pennsylvania Public Utility Commission in relation
6 thereto; and making a temporary appropriation," further
7 providing for the Office of Small Business Advocate and for
8 its powers and duties.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The title, sections 3(a) and (f), 4 and the
12 heading of section 5 of the act of December 21, 1988 (P.L.1871,
13 No.181), known as the Small Business Advocate Act, are amended
14 to read:
15 AN ACT
16 Providing for the Office of Small Business Advocate [in the
17 Department of Commerce] as a cabinet-level office; providing
18 for the powers and duties of the Office of Small Business
19 Advocate and the Pennsylvania Public Utility Commission in
1 relation thereto; and making a temporary appropriation.
2 Section 3. Office of Small Business Advocate.
3 (a) Office established.--There is hereby established [within
4 the Department of Commerce] as a cabinet-level office an Office
5 of Small Business Advocate to represent the interest of small
6 business consumers before the commission.
7 * * *
8 [(f) Secretary of Commerce restrictions.--The Secretary of
9 Commerce shall have administrative responsibilities for the
10 office only and shall not be responsible, in any manner, for the
11 policies, procedures or other substantive matters developed by
12 the Office of Small Business Advocate in carrying out its duties
13 under this act to represent the small business consumer.]
14 Section 4. Assistant advocates; employees.
15 The Small Business Advocate[, with the approval of the
16 Secretary of Commerce,] shall appoint attorneys as assistant
17 small business advocates, and such additional clerical,
18 technical and professional staff as may be appropriate, and may
19 contract for such additional services as shall be necessary for
20 the performance of his function. The compensation of assistant
21 small business advocates and such clerical, technical and
22 professional staff shall be set by the Executive Board. No
23 assistant small business advocate or other staff employee shall,
24 while serving in such position, engage in any business, vocation
25 or other employment, or have other interests, inconsistent with
26 his official responsibilities.
27 Section 5. Powers and duties [of Small Business Advocate].
28 * * *
29 Section 2. The act is amended by adding sections to read:
30 Section 7.1. Other powers and duties.
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1 In addition to any other authority conferred upon the Small
2 Business Advocate by this act, the Small Business Advocate is
3 authorized, and it shall be the Small Business Advocate's duty
4 in carrying out responsibilities assigned under this act, to:
5 (1) Serve as the principal advocate in this Commonwealth
6 on behalf of small businesses, including, but not limited to,
7 advisory participation in the consideration of all
8 legislation and administrative regulations which affect small
9 businesses.
10 (2) Represent the views and interests of small
11 businesses before other Commonwealth agencies whose policies
12 and activities may affect small business.
13 (3) Enlist the cooperation and assistance of public and
14 private agencies, businesses and other organizations in
15 disseminating information about the programs and services
16 provided by the Commonwealth which are of benefit to small
17 businesses, and information on how small businesses can
18 participate in, or make use of, those programs and services.
19 (4) Evaluate the efforts of Commonwealth agencies,
20 businesses and industry to assist minority small business
21 enterprises, and make recommendations as may be appropriate
22 to assist the development and strengthening of minority and
23 other small business enterprises.
24 (5) Consult with experts and authorities in the fields
25 of small business investment, venture capital investment and
26 commercial banking and other comparable financial
27 institutions involved in the financing of business, and with
28 individuals with regulatory, legal, economic or financial
29 expertise, including members of the academic community and
30 individuals who generally represent the public interest.
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1 (6) Determine the desirability of developing a set of
2 rational, objective criteria to be used to define small
3 business, and to develop the criteria, if appropriate.
4 (7) Seek the assistance and cooperation of all
5 Commonwealth agencies and departments providing services to,
6 or affecting, small business, to ensure coordination of
7 Commonwealth efforts.
8 (8) Receive and respond to complaints from small
9 businesses concerning the actions of Commonwealth agencies
10 and the operative effects of laws and regulations of this
11 Commonwealth adversely affecting those businesses.
12 Section 7.2. Referral system.
13 The Small Business Advocate may establish a centralized
14 interactive telephone referral system to assist small and
15 minority businesses in their operations, including governmental
16 requirements, such as taxation, accounting and pollution
17 control, and to provide information concerning the agency from
18 which more specialized assistance may be obtained. The advocate
19 may establish and advertise a telephone number to serve this
20 centralized interactive telephone referral system.
21 Section 3. Section 9 of the act is amended to read:
22 Section 9. Reports[.], documents and information.
23 (a) Reports by Small Business Advocate.--The Small Business
24 Advocate shall annually transmit to the Governor and to the
25 General Assembly, and shall make available to the public, an
26 annual report on the conduct of the Office of Small Business
27 Advocate. The Small Business Advocate shall make recommendations
28 as may from time to time be necessary or desirable to protect
29 the interest of small business consumers.
30 (b) Agency reports, documents and information.--Each agency
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1 of this Commonwealth shall furnish to the Small Business
2 Advocate those reports, documents and information as the Small
3 Business Advocate deems necessary to carry out his functions.
4 Section 4. This act shall take effect in 60 days.
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