REPORT TITLE:
Administrative Rules


DESCRIPTION:
Requires auditor to determine that proposed rules are necessary
for consumer protection, safety, and health, prior to adoption by
state agency.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            897         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ADMINISTRATIVE RULES.



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

 1      SECTION 1.  Section 91-4.1, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�91-4.1  Rulemaking actions; review by auditor; copies in
 
 4 Ramseyer format.  (a)  Each state agency [adopting, amending, or
 
 5 repealing a rule] holding a public hearing required for any
 
 6 rulemaking action under section 91-3 shall prepare a certified
 
 7 copy of the rule changes according to the Ramseyer format[.] for
 
 8 review by the auditor.  If the agency is exempt under any law
 
 9 from holding a public hearing, then the auditor's review shall be
 
10 conducted prior to gubernatorial approval, or, if gubernatorial
 
11 approval is not required, then prior to filing with the
 
12 lieutenant governor.  The office of the auditor shall review each
 
13 proposed rulemaking action submitted by a state agency to
 
14 determine whether the probable effects of the proposed rulemaking
 
15 action, and the proposed rulemaking action is:
 
16      (1)  Necessary for consumer protection, safety, or health
 
17           and is not merely for the administration of internal
 
18           agency operations; and
 
19      (2)  Reflects a clear link between the benefit sought and
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1           changes made upon the users or beneficiaries of the
 
 2           program; or
 
 3      (3)  If not in compliance with paragraph (1) or (2), or
 
 4           both, still necessary to implement a requirement of law
 
 5           established by the legislature.
 
 6 Only after the state agency has received a determination from the
 
 7 auditor that the proposed rulemaking action meets the
 
 8 requirements of this section may the state agency continue with
 
 9 the procedure for adoption under section 91-3.
 
10      (b)  Each state agency shall maintain a file of the copies
 
11 in the Ramseyer format and shall make the file available for
 
12 public inspection and copying at a reasonable cost."
 
13      SECTION 2.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 3.  This Act shall take effect upon its approval.
 
16 
 
17                              INTRODUCED BY:______________________