HOUSE OF REPRESENTATIVES

H.B. NO.

75

TWENTY-NINTH LEGISLATURE, 2017

 

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-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  If the proposed rules affect small business, the agency shall consider creative, innovative, or flexible methods of compliance for small businesses and prepare a small business impact statement to be submitted with the proposed rules to the departmental advisory committee on small business and the board when the rules are essentially complete [and before the rules are submitted to the governor for approval for public hearing.] and ready to be filed with the lieutenant governor pursuant to section 91-4.  The statement shall provide a reasonable determination of the following:

     (1)  The businesses that will be directly affected by, bear the costs of, or directly benefit from the proposed rules;

     (2)  Description of the small businesses that will be required to comply with the proposed rules and how they may be adversely affected;

     (3)  In dollar amounts, the increase in the level of direct costs such as fees or fines, and indirect costs such as reporting, recordkeeping, equipment, construction, labor, professional services, revenue loss, or other costs associated with compliance;

     (4)  The probable monetary costs and benefits to the implementing agency and other agencies directly affected, including the estimated total amount the agency expects to collect from any additionally imposed fees and the manner in which the moneys will be used;

     (5)  The methods the agency considered or used to reduce the impact on small business such as consolidation, simplification, differing compliance or reporting requirements, less stringent deadlines, modification of the fines schedule, performance rather than design standards, exemption, or any other mitigating techniques;

     (6)  How the agency involved small business in the development of the proposed rules; and

     (7)  Whether the proposed rules include provisions that are more stringent than those mandated by any comparable or related federal, state, or county standards, with an explanation of the reason for imposing the more stringent standard."

     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  Statutory material to be repealed is bracketed and stricken.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:

_____________________________

 

 


 


 

Report Title:

Small Business Regulatory Flexibility Act; Small Business Impact Statement

 

Description:

Extends the time given to an agency to submit a small business impact statement to the departmental advisory committee on small business and the Small Business Regulatory Review Board.

 

 

 

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