HB2988.DOC

SECTION 1. The legislature finds that it is lagging in economic growth and creation of new high-paying jobs.

The purpose of this Act is to assist in the job creation process by establishing an office of entrepreneurship and job creation in the department of business, economic development, and tourism.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

OFFICE OF ENTREPRENEURSHIP AND JOB CREATION

§ -1 Definitions. For purposes of this chapter, unless the context clearly requires otherwise:

"Applicant" means any person acting on the person's own behalf or who is authorized to act on behalf of any other person for the purpose of securing required permits to engage in business activities in the State.

"Department" means the department of business, economic development, and tourism.

"Director" means the director of business, economic development, and tourism.

"Office" means the office of entrepreneurship and job creation established in section -2.

"Permit" means any license, certificate, registration, or any other form of authorization required by a federal, state, or county department or agency to engage in any business activity, excluding vocational and professional occupational licenses, certificates, or registration and environmental permits.

"Person" means any individual, proprietorship, partnership, association, cooperative, corporation, nonprofit organization, and any other organization required to obtain one or more permits for the conduct of its business activities.

"Small business" means a for-profit enterprise consisting of fewer than one hundred full-time or part-time employees.

"State agency" means any department, board, bureau, commission, division, office, council, or agency of the State, a public benefit corporation, or public authority having at least one member appointed by the governor.

§ -2 Office of entrepreneurship and job creation established; staff. (a) There is established within the department an office of entrepreneurship and job creation that shall serve the needs of the small business community through promotion, planning, and the providing of services to assist small businesses in understanding and participating in job growth through permit application processing and public procurements in the State.

(b) The office shall be headed by a small business czar who shall be appointed by the director without regard to chapter 76 and shall serve at the director's pleasure. The director may employ such other personnel as are required to carry out the functions of the center under this chapter.

§ -3 General functions; powers and duties. The office shall have the following functions, powers, and duties:

(1) Meet regularly with the small business community to align state policies to job creation policies;

(2) Provide comprehensive information on permits required for business activities in the State;

(3) Provide comprehensive information on the public procurement process;

(4) Facilitate contacts between the applicant and state agencies with permit or procurement functions;

(5) Establish a collaborative network with other business service organizations and chambers of commerce to assure the voice of small business is represented at the highest policy levels of government;

(6) Provide an annual report on "the state of small business" to the office of the governor;

(7) Research, compile, and maintain a file of state and federal laws and rules and county ordinances and rules applicable to the various business activities for which permits are required, including but not limited to laws relating to employer requirements in such areas as state taxes, workers' compensation, and unemployment insurance;

(8) Research, compile, and maintain a file of current bids and proposals for public contracts solicited by state and county agencies as well as current state laws applicable to the procurement process, including but not limited to laws relating to public procurement, purchases of health and human services, and public contracts;

(9) Promote and publicize the center's services to the public, and provide information on its services for inclusion in any public informational material for permits provided by a state agency; and

(10) Adopt rules under chapter 91, procedures, instructions, and forms as are necessary to carry out the functions, powers, and duties of the office.

§ -4 Cooperation from state agencies. (a) The director may request and shall be entitled to receive from any state agency, such assistance, services, facilities, and data the director deems necessary to carry out the duties of the office.

(b) Each state agency with permit issuance functions or procurement award functions covered under this chapter shall cooperate with the center by designating a staff person to coordinate the agency's efforts to provide information to the center on its permit process or procurement process and, to the extent possible, by providing a prompt response to requests for information.

§ -5 Comprehensive permit and procurement information file. (a) Each state agency that is required to review, approve, or grant permits or procurement awards for business activities shall report to the office on a form prescribed by the office, each and every type of permit administered by, or procurement awarded by, that agency. Application forms, applicable agency rules, and the estimated time period necessary for application consideration based on experience and statutory or administrative rule requirements shall accompany each state agency report.

(b) Subsequent to the filing of the report, the state agency shall submit reports to the office on any new requirement or modifications to existing requirements together with applicable forms, rules, and other information required to be filed in the initial report. Upon receipt of those reports, the office shall establish and maintain a comprehensive information file that provides ready access to the most current information provided by the state agencies.

§ -6 Immunity from liability. The opinions offered and the services rendered by the office under this chapter shall be considered facilitative in nature and the office shall not be liable for any consequences resulting from an applicant's failure to obtain a required permit or to be awarded a public contract. Any information provided by the office or any omission of information by the office shall not relieve any applicant from, or constitute a waiver of, the obligation to secure a required permit or to submit a responsible bid in a timely manner."

SECTION 3. 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 2010-2011 for one full-time equivalent position for the small business specialist.

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

SECTION 4. This Act shall take effect on July 1, 2010.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2988
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII