Small Business Defender

Transfers the small business defender from the legislative branch
to the executive branch and within the department of commerce and
consumer affairs. 

THE SENATE                              S.B. NO.           750
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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[.] within the
10 department of commerce and consumer affairs.  The small business
11 defender shall be appointed by the [senate president and speaker
12 of the house of representatives.] governor.  The [senate
13 president and speaker of the house of representatives] governor
14 shall determine the salary of the small business defender.  The
15 [senate president and speaker of the house of representatives]
16 governor may also appoint administrative support personnel who
17 shall assist and support the small business defender.
18      (b)  Unless otherwise specifically provided by law, and upon
19 written request by a small business, the small business defender

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                                     S.B. NO.           750

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

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                                     S.B. NO.           750

 1      (c)  Each small business shall waive and release any and all
 2 claims, damages, causes of action, and any request for relief
 3 made against the small business defender or staff, the State or
 4 counties, their officers, employees, or agents, and arising from
 5 the legal representation of the small business by the small
 6 business defender provided under this section.
 7        -2  Annual report.  The small business defender shall
 8 submit an annual report to the legislature detailing its
 9 activities and expenditures no later than twenty days prior to
10 convening of the regular session."
11      SECTION 2.  Statutory material to be repealed is bracketed.
12 New statutory material is underscored.
13      SECTION 3.  This Act shall take effect upon its approval.
15                           INTRODUCED BY:  _______________________