THE SENATE

S.B. NO.

2739

TWENTY-SIXTH LEGISLATURE, 2012

S.D. 2

STATE OF HAWAII

H.D. 1

 

Proposed

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE SMALL BUSINESS REGULATORY REVIEW BOARD.

 

 

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

 


     SECTION 1.  The legislature recognizes that small businesses are an integral part of Hawaii's economy, comprising over ninety-five per cent of employers in the State and providing an estimated fifty-five per cent of private-sector jobs.  Small business advocates have repeatedly raised concerns regarding regulatory processes.  The small business regulatory review board was established in 1998 to support small businesses by addressing concerns regarding regulatory issues.  Regulatory processes should be reviewed periodically to ensure that they remain current and relevant, thereby creating a dynamic business environment and encouraging a more robust economy.

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

     "[[]§201M-3[]]  Small business statement after public hearing.  (a)  For any proposed [rules] rule that [affect] affects small business, the agency shall also submit a small business statement 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.

     (b)  If the small business regulatory review board finds that a statement provided pursuant to subsection (a)(3):

     (1)  Indicates inconsistency with any of the agency's determinations under section 201M-2(b); or

     (2)  Does not address the concerns of public input,

the board may require another public hearing on the proposed rule."

     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  Statutory material to be repealed is bracketed and stricken.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.



 

Report Title:

Small Business Regulatory Review Board; Rule Changes

 

Description:

Authorizes the small business regulatory review board to require an agency to conduct another public hearing on a rule change when the rulemaking agency declines to make changes requested at the first hearing and the agency's small business statement, submitted after the hearing, indicates inconsistency with its earlier determination or does not address the public's concerns.

 

 

 

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