REPORT TITLE:
Limitations on Administrative Rules

DESCRIPTION:
Clarifies that anytime there is a conflict between an existing or
proposed administrative rule and an existing or proposed statute,
the existing or proposed statute is given preference.  Places
automatic sunset of the end of the 2001 legislative session on
all existing state administrative rules and regulations and three
year sunset on all state administrative rules and regulations
adopted after effective date.  Places burden on administrative
agencies to prove to legislature, by compelling evidence, the
need for continuance of each rule or regulation the agency wishes
to maintain beyond its sunset date.  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1506
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LIMITATIONS ON ADMINSTRATIVE RULES.



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

 1      SECTION 1.  Chapter 91, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:  
 
 4      ". 91-     Priority of bills and statutes over existing or
 
 5 proposed administrative rules or regulations.  Proposed bills and
 
 6 existing statutes shall always be given priority over proposed or
 
 7 existing administrative rules and regulations.  This means that
 
 8 any newly enacted administrative rule or regulation must comply
 
 9 with the Hawaii Revised Statutes as a whole, in addition to its
 
10 enabling legislation.  This requirement also means that no bill
 
11 shall be defeated merely because is conflicts with an otherwise
 
12 valid existing administrative rule or regulation.  If such a bill
 
13 is passed into law, the existing rule or regulation that is in
 
14 conflict shall automatically be voided."
 
15      SECTION 2.  Chapter 91, Hawaii Revised Statutes, is amended
 
16 by adding a new section to be appropriately designated and to
 
17 read as follows:  
 
18      " 91-     Automatic sunset for all administrative rules and
 
19 regulations.  All administrative rules and regulations covered by
 
20 this chapter that are in effect as of July 1, 1999, will 
 

 
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                                     S.B. NO.           1506
                                                        
                                                        

 
 1 automatically sunset at the end of the legislative session in the
 
 2 year 2001.  All administrative rules and regulations covered by
 
 3 this chapter that are enacted after the enacatment of this law,
 
 4 will automatically sunset at the end of the third legislative
 
 5 session following their enactment.  Each rule and regulation
 
 6 covered by this chapter may be renewed for up to an additional
 
 7 after its automatic sunset date if a simple majority of the
 
 8 legislature, or a bicameral committee created by members of the
 
 9 House and Senate, votes to so extend the life of the rule or
 
10 regulation upon proof by the agency that there is a compelling
 
11 need to extend the life of the rule or regulation and that a
 
12 simpler, shorter alternative does not exist."
 
13      SECTION 3.  If any provision of this Act, or the application
 
14 thereof to any person or circumstance is held invalid, the
 
15 invalidity does not affect other provisions or applications of
 
16 the Act which can be given effect without the invalid provision
 
17 or application, and to this end the provisions of this Act are
 
18 severable.
 
19      SECTION 4.  New statutory material is underscored.
 
20      SECTION 5.  This Act shall take effect upon its approval.
 
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22                           INTRODUCED BY:  _______________________
 
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