Report Title:

Small Business Regulatory Flexibility Act

Description:

Clarifies when the comments received from small business are to be submitted with regards to proposed rules that affect small business. (SD1)

THE SENATE

S.B. NO.

1284

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

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. The legislature finds that there is a need to clarify when comments from small business are to be received and discussed about the impact of such proposed administrative rules on small businesses.

The purpose of this Act is to clarify this process within the Small Business Regulatory Flexibility Act, chapter 201M, Hawaii Revised Statutes.

SECTION 2. Section 201M-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§201M-3[] Small business statement after public hearing.] Public hearing, small business comments. For any proposed rules that affect small business, the agency shall also submit a statement of the comments received from small business [statement] at the public hearing to the small business regulatory review board and the departmental advisory committee on small business after the public hearing is held. This section shall not apply to emergency rules. The [small business] statement required by this section shall provide the following information:

(1) A description of how opinions or comments from affected small business were solicited, a summary of the public and small business comments, and a summary of the agency’s response to those comments;

(2) The number of persons who:

(A) Attended the public hearing;

(B) Testified at the hearing; and

(C) Submitted written comments; and

(3) If there was a request to change the proposed rule at the hearing in a way that affected small business, a statement of the reasons for adopting the proposed rule without the requested change."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.