Bill Text: HI SB2145 | 2010 | Regular Session | Introduced
Bill Title: Small Business Regulatory Review Board; Transfer
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2010-03-03 - (H) Referred to EBM/CPC, FIN, referral sheet 36 [SB2145 Detail]
Download: Hawaii-2010-SB2145-Introduced.html
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THE SENATE |
S.B. NO. |
2145 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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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 purpose of this Act is to ensure the stability of the small business regulatory review board, by:
(1) Transferring the board, with its statutory duties and powers, from the department of business, economic development, and tourism to the department of commerce and consumer affairs;
(2) Authorizing the board to employ a small business advocate; and
(3) Authorizing the expenses of the board to be funded entirely from the compliance resolution fund.
SECTION 2. Section 201M-5, Hawaii Revised Statutes, is amended to read as follows:
"§201M-5 Small business regulatory
review board; powers. (a) There shall be established within the
department of [business, economic development, and tourism,] commerce
and consumer affairs for administrative purposes, a small business regulatory
review board to review any proposed new or amended rule or to consider any
request from small business owners for review of any rule adopted by a state
agency and to make recommendations to the agency or the legislature regarding
the need for a rule change or legislation. For requests regarding county
ordinances, the board may make recommendations to the county council or the
mayor for appropriate action.
(b) The board shall consist of eleven members, who shall be appointed by the governor pursuant to section 26-34. Nominations to fill vacancies shall be made from names submitted by the review board. The appointments shall reflect representation of a variety of businesses in the State; provided that no more than two members shall be representatives from the same type of business, and that there shall be at least two representatives from each county.
(c) All members of the board shall be either a current or former owner or officer of a business and shall not be an officer or employee of the federal, state, or county government. A majority of the board shall elect the chairperson. The chairperson shall serve a term of not more than one year, unless removed earlier by a two-thirds vote of all members to which the board is entitled.
(d) A majority of all the members to which the board is entitled shall constitute a quorum to do business, and the concurrence of a majority of all the members to which the board is entitled shall be necessary to make any action of the board valid.
(e) In addition to any other powers provided by this chapter, the board may:
(1) Adopt any rules necessary to implement this chapter;
(2) Organize and hold conferences on problems
affecting small business; [and]
(3) Employ a small business advocate, who shall serve at the pleasure of the board and shall be exempt from chapter 76; provided that the salary of the small business advocate shall be set by the board; and
[(3)] (4) Do any and all things
necessary to effectuate the purposes of this chapter.
(f) The board shall submit an annual report to the legislature twenty days prior to each regular session detailing any requests from small business owners for review of any rule adopted by a state agency, and any recommendations made by the board to an agency or the legislature regarding the need for a rule change or legislation. The report shall also contain a summary of the comments made by the board to agencies regarding its review of proposed new or amended rules.
(g) The expenses of the board shall be funded entirely from the compliance resolution fund; provided that this provision shall not require the board to charge any fee for its service. The director of commerce and consumer affairs shall include, as part of any other fee charged to a person or organization, an amount with a reasonable nexus to the small business regulatory review activities of the board.
For the purpose of this subsection, "expenses" includes operating expenses, personnel expenses, cash capital expenses, and debt service attributable to the board."
SECTION 3. All rights, powers, functions, and duties of the small business regulatory review board are transferred to the department of commerce and consumer affairs.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 4. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, electronic communications systems such as RegAlert, and other personal property heretofore made, used, acquired, or held by the small business regulatory review board relating to the functions transferred to the department of commerce and consumer affairs shall be transferred with the functions to which they relate.
SECTION 5. This Act shall not affect the membership or term of any appointed member of the small business regulatory review board, and any member shall continue to serve on the board for the member's term without necessity of reappointment.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2010.
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INTRODUCED BY: |
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Report Title:
Small Business Regulatory Review Board; Transfer
Description:
Transfers the small business regulatory review board from the department of business, economic development, and tourism to the department of commerce and consumer affairs; authorizes the board to employ and set the salary of a small business advocate; and authorizes the expenses of the board to be funded entirely from the compliance resolution fund.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
