California Government Code 12100.965 – Unless the context requires otherwise, the following definitions in …
Unless the context requires otherwise, the following definitions in this section shall govern the construction of this article:
(a) “Advocate” means the Small Business Advocate, the Director of CalOSBA.
Terms Used In California Government Code 12100.965
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
(b) “Applicant” means any California taxpayer, including, but not limited to, a corporation, nonprofit organization, cooperative, or partnership, who submits an application for the program.
(c) “California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program” or “program” means the grant program established in Section 12100.975.
(d) “CalOSBA” means the Office of Small Business Advocate, located within GO-Biz.
(e) “Director” means the Director of the Governor’s Office of Business and Economic Development.
(f) “Fiscal agent” means a California-based Community Development Financial Institution (CDFI) capable of online and mobile application development, customer support, document validation, impact analysis, grant agreements, and awards disbursement, as well as marketing, engagement, and strategic partnerships with a network of CDFIs and nonprofits for implementation.
(g) “GO-Biz” means the Governor’s Office of Business and Economic Development established in Section 12096.2.
(h) (1) “Qualified small business or nonprofit” means a business or nonprofit that meets all of the following criteria, as confirmed by CalOSBA or fiscal agent through review of revenue declines, other relief funds received, credit history, tax returns, and bank account validation:
(A) Is one of the following:
(i) A “C” corporation, “S” corporation, cooperative, limited liability company, partnership, or limited partnership.
(ii) A registered 501(c)(3), 501(c)(6), or 501(c)(19).
(B) Began operating before June 1, 2021.
(C) Is currently active and operating.
(D) (i) Has 26 to 49 employees and provides payroll data and an affidavit, signed under penalty of perjury, attesting to that fact.
(ii) For purposes of calculating the number of employees to determine if the employer meets the 26 to 49 employees requirement for access to the grant program, an employer covered by Industrial Welfare Commission Order No. 16-2001, shall calculate their number of employees as the number of full-time employees that have worked for the employer, without any break in employment, for the past 24 months.
(E) Has provided COVID-19 Supplemental Paid Sick Leave pursuant to the requirements of Sections 248.6 and 248.7 of the Labor Code.
(F) Provides organizing documents, including a 2020 or 2021 tax return or Form 990, and a copy of official filing with the Secretary of State or with the local municipality, as applicable, including, but not limited to, Articles of Incorporation, Certificate of Organization, Fictitious Name of Registration, or Government-Issued Business License.
(2) Notwithstanding paragraph (1), “qualified small business or nonprofit” shall not include any of the following:
(A) Businesses or nonprofits without a physical presence in the state.
(B) Nonprofit businesses not registered as a 501(c)(3), 501(c)(6), or 501(c)(19).
(C) Government entities, other than Native American tribes, or elected official offices.
(D) Businesses primarily engaged in political or lobbying activities, regardless of whether the entity is registered as a 501(c)(3), 501(c)(6), or 501(c)(19).
(E) Passive businesses, investment companies, and investors who file a Schedule E on their tax returns.
(F) Financial institutions or businesses primarily engaged in the business of lending, such as banks, finance companies, and factoring companies.
(G) Businesses engaged in any activity that is unlawful under federal, state, or local law.
(H) Businesses that restrict patronage for any reason other than capacity.
(I) Speculative businesses.
(J) Businesses with any owner of greater than 10 percent of the equity interest in it who meets one or more of the following criteria:
(i) The owner has, within the prior three years, been convicted of or had a civil judgment rendered against the owner, or has had commenced any form of parole or probation, including probation before judgment, for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction, violation of federal or state antitrust or procurement statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
(ii) The owner is presently indicted for or otherwise criminally or civilly charged by a federal, state, or local government entity, with commission of any of the offenses listed in clause (i).
(K) Affiliated companies, as defined in Section 121.103 of Title 13 of the Code of Federal Regulations.
(Added by Stats. 2022, Ch. 736, Sec. 1. (AB 152) Effective September 29, 2022. Repealed as of June 30, 2024, pursuant to Section 12100.985.)