141             
HOUSE OF REPRESENTATIVES             H.C.R. NO.            
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  CONCURRENT
                        RESOLUTION
  REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO WORK WITH THE
    LIEUTENANT GOVERNOR TO REVIEW RULEMAKING PROCEDURES,
    PROMOTE PUBLIC ACCESS TO RULES, IDENTIFY OR ELIMINATE
    OBSOLETE RULES, AND REDUCE THE BURDEN OF RULES.



 1        WHEREAS, the Hawaii Administrative Procedures Act, chapter
 2   91, Hawaii Revised Statutes, was enacted to provide for public
 3   information and for governmental entities to develop rules that
 4   implement, interpret, or prescribe law or policy, or that
 5   describe the organization, procedure, or practice requirements
 6   of any agency; and
 7   
 8        WHEREAS, the courts have recognized the delegation of
 9   legislative power as permissible if administrative rules are
10   formed within a prescribed statutory framework; and
11   
12        WHEREAS, the Legislature must ensure that in its
13   delegation of powers, a system of checks against arbitrariness
14   provides safeguards against unnecessary discretion by
15   government agencies; and
16   
17        WHEREAS, the Lieutenant Governor reports that the Hawaii
18   Administrative Rules currently consists of twenty-three titles,
19   1,268 chapters, and 33,631 sections; and
20   
21        WHEREAS, administrative rules, while voluminous, enable
22   the Hawaii Revised Statutes to be maintained at manageable
23   levels and also allows opportunity for amendments without
24   subjecting such reviews to the rigors of the legislative
25   process; and
26   
27        WHEREAS, bills have been introduced but held in committee
28   which would have required the Legislature or Auditor to review
29   and approve rules initiated by state agencies; and
30   
31        WHEREAS, under current procedures individuals aggrieved by
32   newly implemented rules may seek relief by appealing to the
33   agency which formulated the rules or by taking court action,
34   both of which are not desirable options; and
35   

 
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 1        WHEREAS, a few years ago, the Legislature passed a bill
 2   which would have enabled such aggrieved individuals to file a
 3   complaint to a designated joint legislative committee for
 4   review and action, but this bill was vetoed by the Governor;
 5   and
 6   
 7        WHEREAS, the Lieutenant Governor has been tasked to reduce
 8   the burden of state government's rules and has established a
 9   SWAT (Slice Waste and Tape) Team to:  (1) improve public access
10   to rules; (2) eliminate obsolete rules; (3) review rulemaking
11   procedures; and (4) reduce the burden of rules; now, therefore,
12   
13        BE IT RESOLVED by the House of Representatives of the
14   Twentieth Legislature of the State of Hawaii, Regular Session
15   of 1999, the Senate concurring, that the Legislative Reference
16   Bureau is requested to work with the Lieutenant Governor to:
17   
18        (1)  Develop a procedure by which persons aggrieved by
19             newly implemented rules may file a complaint to a
20             body with remedial authority;
21   
22        (2)  Improve public access to rules;
23   
24        (3)  Eliminate obsolete or identify unnecessary rules;
25   
26        (4)  Review rule making procedures; and
27   
28        (5)  Reduce the burden of rules;
29   
30   and
31   
32        BE IT FURTHER RESOLVED that certified copies of this
33   Concurrent Resolution be transmitted to the Acting Director of
34   the Legislative Reference Bureau, the Governor, and the
35   Lieutenant Governor.
36 
37 
38 
39                         OFFERED BY:  ____________________________