REPORT TITLE:
Small Business Defender


DESCRIPTION:
Appropriates funds for the small business defender position
established under Act 168, Session Laws of Hawaii 1998.  Moves
the small business defender from the legislature to the
department of commerce and consumer affairs.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        133
HOUSE OF REPRESENTATIVES                H.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

MAKING AN APPROPRIATION TO FUND THE SMALL BUSINESS DEFENDER
   POSITION AND OTHER SUPPORT PERSONNEL ESTABLISHED UNDER ACT
   168, SESSION LAWS OF HAWAII 1998.



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

 1      SECTION 1.  Act 168, Session Laws of Hawaii 1998, is amended
 
 2 by amending section 3 to read as follows:
 
 3      "SECTION 3.  The Hawaii Revised Statutes is amended by
 
 4 adding a new chapter to title 3 to be appropriately designated
 
 5 and to read as follows:
 
 6                             "CHAPTER
 
 7                      SMALL BUSINESS DEFENDER
 
 8       -1 Small business defender.(a)  There is established
 
 9 within the [legislature] department of commerce and consumer
 
10 affairs a small business defender.  The small business defender
 
11 shall be appointed by the [senate president and speaker of the
 
12 house of representatives.] director of commerce and consumer
 
13 affairs.   The [senate president and speaker of the house of
 
14 representatives] director shall determine the salary of the small
 
15 business defender.  The [senate president and speaker of the
 
16 house of representatives] director may also appoint
 
17 administrative support personnel who shall assist and support the
 
18 small business defender.
 

 
Page 2                                                     133
                                     H.B. NO.           S.D. 1
                                                        
                                                        


 1      (b)  Unless otherwise specifically provided by law, and upon
 
 2 written request by a small business, the small business defender
 
 3 may represent, defend, and provide legal representation to any
 
 4 small business, during any adjudicatory or contested proceeding
 
 5 involving any civil citation issued by a state or county agency
 
 6 in which the small business is a party; provided that the small
 
 7 business shall seek its own legal representation whenever the
 
 8 potential remedies against the small business may include fines
 
 9 or penalties that exceed $25,000 or may result in the suspension
 
10 or revocation of a license.  The small business defender shall
 
11 have the discretion to accept or refuse any case for good cause.
 
12 The small business defender may also engage in the following
 
13 activities:
 
14      (1)  Advocate and negotiate, upon consultation with the
 
15           small business regulatory review board, with federal,
 
16           state, and county agencies and officials on any matter
 
17           relating to and promoting the interests of small
 
18           business;
 
19      (2)  Conduct investigations to secure information useful in
 
20           the lawful administration of any provision in this
 
21           chapter;
 
22      (3)  Refer any appropriate matter to the auditor or
 
23           ombudsman for examination or investigation; and
 

 
Page 3                                                     133
                                     H.B. NO.           S.D. 1
                                                        
                                                        


 1      (4)  Do any and all things necessary to effectuate the
 
 2           purposes of this chapter.
 
 3      (c)  Each small business shall waive and release any and all
 
 4 claims, damages, causes of action, and any request for relief
 
 5 made against the small business defender or staff, the State or
 
 6 counties, their officers, employees, or agents, and arising from
 
 7 the legal representation of the small business by the small
 
 8 business defender provided under this section.
 
 9        -2  Annual report.  The small business defender shall
 
10 submit an annual report to the legislature detailing its
 
11 activities and expenditures no later than twenty days prior to
 
12 convening of the regular session."
 
13      SECTION 2.  There is appropriated out of the general
 
14 revenues of the State of Hawaii, the sum of $        , or so much
 
15 thereof as may be necessary for fiscal year 1999-2000, and the
 
16 same sum, or so much thereof as may be necessary for fiscal year
 
17 2000-2001, to fund the small business defender position and other
 
18 support personnel established under Act 168, Session Laws of
 
19 Hawaii 1998.
 
20      SECTION 3.  The sums appropriated shall be expended by the
 
21 department of commerce and consumer affairs for the purposes of
 
22 this Act.
 
23      SECTION 4.  This Act shall take effect on July 1, 1801.