REPORT TITLE:
Small Business Defender


DESCRIPTION:
Gives the small business defender the discretion to refuse any
case, limits the small business defender's liability, and
appropriates funds.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2473
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE SMALL BUSINESS DEFENDER.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:


 1      SECTION 1.  Act 168, Session Laws of Hawaii 1998, is amended
 
 2 by amending section 3 to read as follows:
 
 3      "SECTION 3.  The Hawaii Revised Statutes is amended by
 
 4 adding a new chapter to title 3 to be appropriately designated
 
 5 and to read as follows:
 
 6                             "CHAPTER
 
 7                      SMALL BUSINESS DEFENDER
 
 8      §   -1 Small business defender.(a)  There is established
 
 9 within the legislature a small business defender.  The small
 
10 business defender shall be appointed by the senate president and
 
11 speaker of the house of representatives.   The senate president
 
12 and speaker of the house of representatives shall determine the
 
13 salary of the small business defender.  The senate president and
 
14 speaker of the house of representatives may also appoint
 
15 administrative support personnel who shall assist and support the
 
16 small business defender.
 
17      (b)  Unless otherwise specifically provided by law, and upon
 
18 written request by a small business, the small business defender
 
19 may represent, defend, and provide legal representation to any
 

 
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 1 small business, during any adjudicatory or contested proceeding
 
 2 involving any civil citation issued by a state or county agency
 
 3 in which the small business is a party; provided that the small
 
 4 business shall seek its own legal representation whenever the
 
 5 potential remedies against the small business may include fines
 
 6 or penalties that exceed $25,000 or may result in the suspension
 
 7 or revocation of a license.  The small business defender shall
 
 8 have the discretion to accept or refuse any case [for good
 
 9 cause].  The small business defender may also engage in the
 
10 following activities:
 
11      (1)  Advocate and negotiate, upon consultation with the
 
12           small business regulatory review board, with federal,
 
13           state, and county agencies and officials on any matter
 
14           relating to and promoting the interests of small
 
15           business;
 
16      (2)  Conduct investigations to secure information useful in
 
17           the lawful administration of any provision in this
 
18           chapter;
 
19      (3)  Refer any appropriate matter to the auditor or
 
20           ombudsman for examination or investigation; and
 
21      (4)  Do any and all things necessary to effectuate the
 
22           purposes of this chapter.
 
23      (c)  [Each small business shall waive and release any and
 

 
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 1 all claims, damages, causes of action, and any request for relief
 
 2 made against the small business defender or staff, the State or
 
 3 counties, their officers, employees, or agents, and arising from
 
 4 the legal representation of the small business by the small
 
 5 business defender provided under this section.] No small business
 
 6 may assert any claim or cause of action against the small
 
 7 business defender or its staff, the State, or the counties, based
 
 8 on any act or omission in the representation of the small
 
 9 business, unless the act or omission constitutes gross negligence
 
10 or intentional wrongdoing.
 
11      §   -2  Annual report.  The small business defender shall
 
12 submit an annual report to the legislature detailing its
 
13 activities and expenditures no later than twenty days prior to
 
14 convening of the regular session."
 
15      SECTION 2.  There is appropriated out of the general
 
16 revenues of the State of Hawaii, the sum of $100,000, or so much
 
17 thereof as may be necessary for fiscal year 2000-2001, to fund
 
18 the small business defender position and other support personnel
 
19 established under Act 168, Session Laws of Hawaii 1998.
 
20      SECTION 3.  The sum appropriated shall be expended by the
 
21 legislature for the purposes of this Act.
 
22      SECTION 4.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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 1      SECTION 5.  This Act shall take effect on July 1, 2000.
 
 2 
 
 3                           INTRODUCED BY:  _______________________