STAND. COM. REP. NO. 878

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 980

       H.D. 1

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committees on Economic Development and Technology and Commerce and Consumer Protection, to which was referred H.B. No. 980, H.D. 1, entitled:

 

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

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to require:

 

     (1)  Each state agency with administrative rules that affect small business to report before August 15 each year to the Small Business Regulatory Review Board on the impact of statutory changes on those rules;

 

     (2)  The Governor to direct each state agency to work with the Small Business Regulatory Review Board to develop internal processes to expedite rulemaking actions for rules that affect small business and require amendment or adoption; and

 

     (3)  The Small Business Regulatory Review Board to report to the Legislature in 2012 and 2013, and thereafter as necessary, on implementation of the Act.

 

     Your Committees received testimony in support of this measure from the Department of Business, Economic Development, and Tourism; National Federal of Independent Business Hawaii; and Hawaii Farm Bureau Federation.  Your Committees received comments on this measure from the Department of Budget and Finance and one individual.

 

     Your Committees previously heard and amended S.B. No. 1498, which contained comparable and additional provisions related to the Small Business Regulatory Review Board.  Your Committees have amended this measure by deleting its contents and replacing them with the language in S.B. No. 1498, S.D. 2.  As amended, this measure:

 

     (1)  Transfers the Small Business Regulatory Review Board, with its statutory duties and powers, from the Department of Business, Economic Development, and Tourism to the Department of Commerce and Consumer Affairs, and authorizes the expenses of the Board to be funded from the Compliance Resolution Fund; provided that the Board is not required to charge any fee for its service;

 

     (2)  Requires each state agency to notify the Small Business Regulatory Review Board by June 30 of each year of any rules to be amended or repealed to reflect statutory amendments or repeals;

 

     (3)  Amends the findings and purpose section to reflect its amended purpose; and

 

     (4)  Changes the effective date from July 1, 2112, to July 1, 2050, to allow for further discussion.

 

     As affirmed by the records of votes of the members of your Committees on Economic Development and Technology and Commerce and Consumer Protection that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 980, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 980, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

 


Respectfully submitted on behalf of the members of the Committees on Economic Development and Technology and Commerce and Consumer Protection,

 

____________________________

ROSALYN H. BAKER, Chair

 

____________________________

CAROL FUKUNAGA, Chair