HOUSE OF REPRESENTATIVES

H.C.R. NO.

57

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

ENDORSING the Small Business Bill of Rights.

 

 

WHEREAS, it is commonly known and accepted that small business forms the backbone of Hawaii's economy; and

WHEREAS, it is also well-known, deservedly or not, that the State is not particularly hospitable to small businesses starting up or operating in Hawaii; and

WHEREAS, the bulk of complaints from small businesses revolve around the responsiveness of regulatory state agencies and the multitude and complexity of regulatory requirements imposed on small businesses; and

WHEREAS, in order to level the playing field for small businesses in Hawaii, there needs to be a recognition of the rights of small businesses; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2003, the Senate concurring, that the Legislature endorses the Small Business Bill of Rights 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 an application or request is determined to be complete by the issuing agency. If the completed application is not rejected for good cause, within forty-five days, the application shall be deemed automatically approved;

(2) Every small business shall have the right to cure an alleged deficiency within forty-five days before being assessed any fine or penalty. If a state agency alleges that a small business is in violation of any rule, the agency shall notify the small business of the alleged violation and give the small business forty-five days 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, through a hearing by an impartial hearings officer who has authority to make determinations in the event of any adverse action, such as licensure or permit revocation, by any state regulatory agency. The hearings officer must be from a state agency other than the agency which took the adverse action;

(4) Every small business shall have the right to representation by a knowledgeable advocate (Small Business Defender) in any dispute with a state agency. The agency in dispute with the small business must pay for the services of an advocate selected by the small business owner if in fact the agency is found to be negligent;

(5) Every small business shall have the right to obtain and 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 shall be prohibited from canceling or not renewing 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 in a fixed bid or fixed price per unit basis and not a cost reimbursement basis;

(7) Workplace. Small businesses operating or located in the State 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 right, an employee shall give written notice to the employer stating the claimed violation and providing the employer the opportunity to cure. The court shall abate any suit filed without notice having been received by an employer, until such notice has been received and the forty-five day period has expired. Notice shall be provided by personal delivery, or by proof of mailing at an address the employer normally receives mail; and

(8) The State shall implement a small business set-aside for all procurement contracting with state agencies. Any contract awarded repeatedly to the same business must require proof that the business is the sole provider available, the best and most competent response, or providing a unique service;

and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Small Business Regulatory Review Board and the Director of Business, Economic Development, and Tourism.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Small Business Bill of Rights