STAND. COM. REP. 1062

Honolulu, Hawaii

, 2003

RE: S.B. No. 1284

S.D. 1

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Economic Development and Business Concerns, to which was referred S.B. No. 1284, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE SMALL BUSINESS REGULATORY FLEXIBILITY ACT,"

begs leave to report as follows:

The purpose of this bill is to improve the administrative rules process under the Small Business Regulatory Flexibility Act (Act). Specifically, this bill clarifies that when an agency proposes rules that affect small business, the small business impact statement that the agency must submit to the Small Business Regulatory Review Board (Review Board) and the Department Advisory Committee on Small Business after the public hearing is held, should contain a statement of comments submitted by small business at the hearing.

The Chamber of Commerce of Hawaii, AquaLung Pacific, Blue Dolphin Charters, Capt. Andy's Sailing Adventures, Capt. Beans' Cruises, Expeditions, Frogman Charters, Island Marine, Lahaina Dive and Surf, L.L.C, Prince Kuhio Maui-Molokai Sea Cruises, Ocean Tourism Coalition, Octopus Reef, and Pride Charters, Incorporated, supported this bill. The Department of Business, Economic Development, and Tourism offered comments.

Your Committee recognizes the value in clarifying the administrative rules review process under the Act. However, your Committee believes that small business will be better able to effect positive changes to proposed administrative rules if their comments on proposed rules are submitted to the Review Board at the right time in the rules review process.

Accordingly, your Committee has amended this measure by:

(1) Requiring that the small business impact statement and proposed rules are to be submitted to the Review Board when the proposed rules are essentially complete and before the rules are submitted to the Governor for approval and public hearing; and

(2) Making technical, nonsubstantive amendments for purposes of style and clarity.

As affirmed by the record of votes of the members of your Committee on Economic Development and Business Concerns that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1284, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1284, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Economic Development and Business Concerns,

 

____________________________

BRIAN SCHATZ, Chair