Report Title:

Small Business Advocate

Description:

Creates the small business advocate position within the department of business, economic development, and tourism.

THE SENATE

S.B. NO.

1112

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to small business.

 

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

SECTION 1. A strong, viable economy is integral to the overall well-being of the people of Hawaii, and small businesses have a significant impact on the State's workforce and economy. The legislature finds that small businesses contribute to our quality of life by providing essential products and services, jobs, and other employment and economic opportunities. Small businesses also fuel economic expansion for the benefit of the entire community.

The legislature finds that small businesses serve a public purpose, and it is necessary that small businesses in the State be supported and assisted in their endeavors. The legislature further finds that the placement of the small business advocate within department of business, economic development, and tourism for administrative purposes does not create any inherent conflict between the small business advocate and the department of business, economic development, and tourism.

The purpose of this Act is to assist small businesses in this State by creating the position of the small business advocate within the department of business, economic development, and tourism to assist small business owners

SECTION 2. There is established within the department of business, economic development and tourism a small business advocate. The small business advocate shall be appointed by the governor without regard to chapter 76, and shall serve at the pleasure of the governor. The director of the department shall determine the salary of the small business advocate, but in no case shall the salary exceed that of the deputy director of the department. The director of the department may appoint administrative support personnel who shall assist and support the small business advocate. The small business advocate shall be a member of the state employees' retirement system and shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State.

SECTION 3. Upon a written request by a small business, the small business advocate may assist any small business with any matter as it relates to government, including, but not limited to:

(1) Advocating and negotiating, upon consultation with the small business regulatory review board, with federal, state, and county agencies and officials on any matter relating to and promoting the interests of small business;

(2) Referring any appropriate matter to the auditor or ombudsman for examination or investigation;

(3) Assisting any small business in complying with federal, state, or county rules and regulations, including interpretation of rules and regulations;

(4) Assisting any small business with logistical matters, such as organizing a meeting between several government agencies and the business or securing a meeting place for those entities;

(5) Identifying legislation or regulations that are redundant, outdated, or cumbersome to business and advocating for the amendment or repeal of such legislation or regulations; and

(6) Doing any and all things necessary to effectuate the purposes of this chapter.

The small business advocate shall have the discretion to accept or refuse any case for good cause.

SECTION 4. Each small business shall waive and release any and all claims, damages, causes of action, and any request for relief made against the small business advocate or staff, the State or counties, their officers, employees, or agents, and arising from services provided by the small business advocate under this section.

SECTION 5. For purposes of this Act, "department" shall mean the department of business, economic development and tourism.

SECTION 6. The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter.

SECTION 7. The small business advocate shall submit an annual report to the legislature detailing its activities and expenditures no later than twenty days prior to convening of each regular session.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $_____, or so much thereof as may be necessary for fiscal year 2005-2006, to establish the office of the small business advocate within the department of business, economic development, and tourism for the purpose of this Act.

SECTION 9. The sum appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.

SECTION 10. This Act shall take effect on July 1, 2005.

 

INTRODUCED BY:

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