Report Title:

Small Business Defender

Description:

Makes the law enacting the Small Business Regulatory Flexibility Act and the small business defender permanent. Allows the small business defender to hire attorneys. Appropriates funds to the legislature to establish the office of the small business defender.

HOUSE OF REPRESENTATIVES

H.B. NO.

1944

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to small business.

 

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

SECTION 1. A strong, viable economy is integral to the overall well-being of the people of Hawaii, and small businesses have a significant impact on the State's workforce and economy. The legislature finds that small businesses contribute to our quality of life by providing essential products and services, jobs, and other employment and economic opportunities. Small businesses also fuel economic expansion for the benefit of the entire community. The legislature finds that small businesses serve a public purpose, and it is necessary that small businesses in the State be supported and assisted in their endeavors.

The purpose of this Act is to assist small businesses in this State by:

(1) Making permanent the law enacting the Hawaii Small Business Regulatory Flexibility Act and the small business defender;

(2) Allowing the small business defender to hire attorneys under section 28-8.3, Hawaii Revised Statutes; and

(3) Appropriating funds to the legislature to establish the office of the small business defender to represent, defend, and provide legal representation to small businesses involving civil citations issued by a state or county agency.

SECTION 2. Section 28-8.3, Hawaii Revised Statutes, is amended by amending subsections (a), (b), and (c) to read as follows:

"(a) No department of the State other than the attorney general may employ or retain any attorney, by contract or otherwise, for the purpose of representing the State or the department in any litigation, rendering legal counsel to the department, or drafting legal documents for the department; provided that the foregoing provision shall not apply to the employment or retention of attorneys:

(1) By the public utilities commission, the labor and industrial relations appeals board, and the Hawaii labor relations board;

(2) By any court or judicial or legislative office of the State;

(3) By the legislative reference bureau;

(4) By any compilation commission that may be constituted from time to time;

(5) By the real estate commission for any action involving the real estate recovery fund;

(6) By the contractors license board for any action involving the contractors recovery fund;

(7) By the trustees for any action involving the travel agency recovery fund;

(8) By the office of Hawaiian affairs;

(9) By the department of commerce and consumer affairs for the enforcement of violations of chapters 480 and 485;

(10) As grand jury counsel;

(11) By the Hawaiian home lands trust individual claims review panel;

(12) By the Hawaii health systems corporation or any of its facilities;

(13) By the auditor;

(14) By the office of ombudsman;

(15) By the insurance division;

(16) By the University of Hawaii;

(17) By the Kahoolawe island reserve commission;

(18) By the division of consumer advocacy; [or]

(19) By the small business defender; or

[(19)] (20) By a department, in the event the attorney general, for reasons deemed by the attorney general good and sufficient, declines, to employ or retain an attorney for a department; provided that the governor thereupon waives the provision of this section.

(b) For purposes of this section, the term "department" includes any department, board, commission, agency, bureau, or officer of the State.

(c) Every attorney employed by any department on a full-time basis, except an attorney employed by the public utilities commission, the labor and industrial relations appeals board, the Hawaii labor relations board, the office of Hawaiian affairs, the Hawaii health systems corporation, the department of commerce and consumer affairs in prosecution of consumer complaints, insurance division, the University of Hawaii, the Hawaiian home lands trust individual claims review panel, the small business defender, or as grand jury counsel, shall be a deputy attorney general."

SECTION 3. Act 168, Session Laws of Hawaii 1998, is amended by amending section 5 to read as follows:

"SECTION 5. This Act shall take effect on July 1, 1998[, and shall be repealed as of June 30, 2002]."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $1, or so much thereof as may be necessary for fiscal year 2002-2003, to establish the office of the small business defender within the legislature for the purpose of representing, defending, and providing legal representation to any small business involving civil citations issued by a state or county agency.

The sum appropriated shall be expended by the legislature for the purposes of this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2002.

INTRODUCED BY:

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