Bill Text: HI HB21 | 2010 | Regular Session | Introduced
Bill Title: Small Businesses; Training
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB21 Detail]
Download: Hawaii-2010-HB21-Introduced.html
Report Title:
Small Businesses; Training
Description:
Requires business registrants with 10 or fewer anticipated employees to attend business management training courses.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
21 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SMALL BUSINESSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 429, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§429- Business management training course. Members of an unincorporated nonprofit association that anticipates at the time of establishment that the nonprofit association shall employ not more than ten employees during its first year of operation shall be required to attend a business management training course administered by the department; provided that:
(1) The department shall not charge any fees for the course; and
(2) The department shall waive the course requirement if the members can demonstrate a reasonable level of business knowledge."
SECTION 2. Section 26-9, Hawaii Revised Statutes, is amended to read as follows:
"(b) The department shall protect the interests of consumers, depositors, and investors throughout the State. It shall set standards and enforce all laws and rules governing the licensing and operation of, and register and supervise the conduct of, trades, businesses, and professions, including banks, insurance companies, brokerage firms, and other financial institutions. It shall also require business management training courses for any business that anticipates having not more than ten employees during its first year of operations; provided that:
(1) The department shall not charge any fees for the course; and
(2) The department shall waive the course requirement if the business can demonstrate a reasonable level of business knowledge."
SECTION 3. Section 414-33, Hawaii Revised Statutes, is amended to read as follows:
"[[]§414-33[]]
Incorporation. (a) The corporate existence begins when the articles of
incorporation are filed.
(b) The department director's filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation except in a proceeding by the State to cancel or revoke the incorporation or involuntarily dissolve the corporation.
(c) Incorporators who anticipate at the time of filing that the corporation shall employ not more than ten employees during its first year of operation shall be required to attend a business management training course administered by the department; provided that:
(1) The department shall not charge any fees for the course; and
(2) The department shall waive the course requirement if the incorporators can demonstrate a reasonable level of business knowledge."
SECTION 4. Section 414D-33, Hawaii Revised Statutes, is amended to read as follows:
"§414D-33 Incorporation. (a) A corporation's existence begins when the articles of incorporation are filed with the department director.
(b) The department director's filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation except in a proceeding by the State to cancel or revoke the incorporation or involuntarily dissolve the corporation.
(c) Incorporators who anticipate at the time of filing that the corporation shall employ not more than ten employees during its first year of operation shall be required to attend a business management training course administered by the department; provided that:
(1) The department shall not charge any fees for the course; and:
(2) The department shall waive the course requirement if the incorporators can demonstrate a reasonable level of business knowledge."
SECTION 5. Section 425-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Whenever any general partnership is formed under the laws of this State to do business in this State, or any general partnership formed under the laws of any other jurisdiction shall do business in this State, the partnership shall file in the office of the director of commerce and consumer affairs the registration and annual statements prescribed in this chapter. A registration statement shall be filed by a partnership formed under the laws of this State within thirty days after the partnership is formed and by a partnership formed under the laws of any other jurisdiction within thirty days after the commencement of business in this State. Every registration statement shall contain the following information:
(1) The name of the partnership;
(2) The name and address of each partner;
(3) The mailing address of the partnership's principal office, the street address of the partnership's registered office in this State, and the name of its registered agent at its registered office in this State; provided that if the partnership is one formed under the laws of any other jurisdiction, the name of the jurisdiction shall also be specified;
(4) The date the partnership was formed and, if the partnership is one formed under the laws of any other jurisdiction, the date the partnership commenced business in this State; and
(5) The fact that none of the partners is either a minor or an incompetent person.
The partners of any partnership that anticipates at the time of registration that the partnership shall employ not more than ten employees during its first year of operation shall be required to attend a business management training course administered by the department; provided that:
(1) The department shall not charge any fees for the course; and
(2) The department shall waive the course requirement if the partners can demonstrate a reasonable level of business knowledge."
SECTION 6. Section 428-202, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The existence of a limited liability company begins when the articles of organization are filed. The members of any limited liability company that anticipate at the time of filing that the limited liability company shall employ not more than ten employees during its first year of operation shall be required to attend a business management training course administered by the department; provided that:
(1) The department shall not charge any fees for the course; and
(2) The department shall waive the course requirement if the members can demonstrate a reasonable level of business knowledge."
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 for the establishment and implementation of a business management training course for small businesses.
The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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