Report Title:

Small Business Regulatory Flexibility Act

Description:

Amends the Small Business Regulatory Flexibility Act to provide that the waiver or reduction of penalties on small businesses does not apply to any law protecting the environment or cultural resources.

HOUSE OF REPRESENTATIVES

H.B. NO.

1391

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the Small Business Regulatory Flexibility Act.

 

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

SECTION 1. Section 201M-8, Hawaii Revised Statutes, is amended to read as follows:

"[[]§201M-8[]] Waiver or reduction of penalties. (a) Except where a penalty or fine is assessed pursuant to a program approved, authorized, or delegated under a federal law, any agency authorized to assess civil penalties or fines upon a small business shall waive or reduce any penalty or fine as allowed by federal or state law for a violation of any statute, ordinance, or rules by a small business under the following conditions:

(1) The small business corrects the violation within a minimum of thirty days after receipt of a notice of violation or citation; and

(2) The violation was unintentional or the result of excusable neglect; or

(3) The violation was the result of an excusable misunderstanding of an agency's interpretation of a rule.

(b) Subsection (a) shall not apply when:

(1) A small business fails to exercise good faith in complying with the statute or rules;

(2) A violation involves wilful or criminal conduct; and

(3) A violation results in serious health, safety, or environmental impact.

(c) An agency may adopt rules to implement the requirements of this section.

(d) This section shall not apply to any law protecting the environment or cultural resources."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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