THE SENATE |
S.R. NO. |
51 |
TWENTY-SECOND LEGISLATURE, 2003 |
||
STATE OF HAWAII |
||
URGING the governor and state departments and agencies TO RECOGNIZE THE concerns addressed in the SMALL BUSINESS BILL OF RIGHTS AND TO TAKE STEPS TO create A MORE BUSINESS-FRIENDLY ENVIRONMENT FOR SMALL BUSINESSES.
WHEREAS, the Legislature believes that small businesses are the backbone of the State's economy; and
WHEREAS, in recent years, small businesses have increased their efforts to create a more business-friendly environment in Hawaii; and
WHEREAS, a proposed "Small Business Bill of Rights" articulates the various concerns that small businesses believe should be recognized and addressed by state agencies; and
WHEREAS, the provisions of the "Small Business Bill of Rights" read as follows:
(1) Every small business shall have the right to have a timely response to an application for a permit, license, information request, etc., within a reasonable time from the date the application or request is determined by the issuing agency to be complete. If the completed application is not rejected for good cause within forty-five days of the date the application is determined by the issuing agency to be complete, the application shall be deemed automatically approved;
(2) Every small business shall have the right to cure an alleged deficiency within forty-five days of the date the notification of such deficiency is received, before being assessed any fine or penalty. If a state agency alleges that a small business is in violation of any rule or regulation, the agency shall notify the small business of the alleged violation and shall give the small business forty-five days from the date the notification is received, to correct the deficiency. Only if the small business fails to cure the defect within the prescribed time period shall the monetary fine or penalty be assessed against the small business;
(3) Every small business shall have the right to due process in the event of any adverse action by any state agency, such as revocation of a license or permit, or failure to grant same, through a hearing by an impartial hearings officer, who shall be from a state agency other than the agency which took the adverse action, and who shall have authority to make determinations;
(4) Every small business shall have the right to representation by a "Small Business Defender," who shall be a knowledgeable advocate, in any dispute with a state agency. If the agency in dispute with the small business is found to be at fault, and if so ordered by the hearings officer, the agency shall pay for the services of the Small Business Defender selected by the small business;
(5) Every small business shall have the right to obtain and/or maintain any insurance policy required by state regulations or contract regardless of the size of the business or the premium. Any insurance company licensed to do business in the State of Hawaii shall be prohibited from canceling or failing to renew any insurance coverage required by the State for any small business solely because the applicable premium is too small;
(6) Every small business shall have the right to be free of any requirements to disclose proprietary information, including financial data regarding profitability, to any state agency as a condition of obtaining any contract or any payment under any contract with the agency when the following conditions apply:
(A) The small business is a for-profit entity; and
(B) The contract is to be awarded or was awarded on a fixed bid or fixed price per unit basis, and not on a cost reimbursement basis.
(7) Small businesses operating or located in the State of Hawaii shall operate and maintain a safe and reasonable work environment. At least forty-five days prior to filing a suit against an employer for a violation of this provision, an employee shall give written notice, as prescribed herein, to the employer, stating the claimed violation and providing the employer the opportunity to cure the alleged violation. Any suit filed without such notice having been received by an employer shall be abated by the court until such time as such notice has been received and the forty-five day period has expired. Notice shall be provided under this section by personal delivery, or by proof of mailing to an address at which the employer normally receives mail;
(8) The State of Hawaii shall implement a "Small Business Set-Aside" for all procurement and contracts within the State and County agencies, departments, etc. Additionally, any contract awarded repeatedly to the same business must require proof that said business is the sole provider available, has submitted the best and most competent response, or provides a unique service;
and
WHEREAS, although the Legislature has passed such initiatives as the Small Business Regulatory Flexibility Act and permit information and facilitation legislation to ease the burdens placed on small businesses, there is need for state agencies that come in contact with small businesses to be more sensitive to their concerns; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, that the Governor is requested to direct all state departments and agencies to recognize, the "Small Business Bill of Rights" as an official declaration of the expectations of small businesses when dealing with state government; and
BE IT FURTHER RESOLVED that the Governor is urged to request all state departments and agencies to take appropriate steps to make their respective operations more sensitive to the concerns of small businesses, beginning with their own internal policies and procedures; and
BE IT FURTHER RESOLVED that the Governor is requested to submit a report to the Legislature no later than twenty days prior to the convening of the 2004 Session, detailing the efforts of the various state departments and agencies to create a more business-friendly environment for small businesses; and
BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Governor.
OFFERED BY: |
_____________________________ |
|
Report Title:
Small Business Bill of Rights