STAND. COM. REP. NO. 1040
Honolulu, Hawaii
, 2005
RE: S.B. No. 1380
S.D. 2
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Economic Development & Business Concerns, to which was referred S.B. No. 1380, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO THE SMALL BUSINESS BILL OF RIGHTS,"
begs leave to report as follows:
The purpose of this bill is to protect small businesses in Hawaii and help them achieve success by making them aware of their rights by setting forth specific "rights" that should be afforded to small business through the establishment of a Small Business Bill of Rights.
The Small Business Regulatory Review Board, National Federation of Independent Business-Hawaii, and Hawaii Association of Realtors testified in support of this bill. The Department of Business, Economic Development, and Tourism and Department of Commerce and Consumer Affairs supported the intent of this measure.
Your Committee has amended this bill by:
(1) Adding the right to a clear, stable, and predictable regulatory and record-keeping environment with easily accessible information and administrative rules in as clear and concise language as is practicable, including posting of all proposed administrative rule changes on the Internet website of the Office of the Lieutenant Governor;
(2) Adding the right to timely notice of an agency's rulemaking proceedings when requested. The notice should be mailed to all persons who have made a written request for such a notice;
(3) Deleting rights (20) and (21) which are merely general statements regarding treatment and expectations of small businesses which are components of the other "rights".
(4) Deleting rights (2) and (3) which concern expectations of state agency actions and responses to small business input;
(5) Providing a private cause of action allowing small business owners to enforce the Small Business Bill of Rights; and
(6) Changing the effective date from July 1, 2050, to July 1, 2099.
Technical, nonsubstantive amendments were also made for clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Economic Development & Business Concerns that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1380, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1380, S.D. 2, H.D. 1, and be referred to the Committees on Consumer Protection & Commerce and Judiciary.
Respectfully submitted on behalf of the members of the Committee on Economic Development & Business Concerns,
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____________________________ ROBERT N. HERKES, Chair |