REPORT TITLE:
Repeal of Obsolete Statutes


DESCRIPTION:
Repeals or makes conforming amendments to various statutes that
have either been repealed by implication, or by their own terms
by operation of law, and are now deemed to have accomplished
their intended purpose.  Repeals administrative rules that are
unnecessary or obsolete.  Provides an expedited process for the
repeal of obsolete or unauthorized administrative rules.  (SB2121
CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2121
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO OBSOLETE LAWS.



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

 1                              PART I
 
 2      SECTION 1.  The purpose of this part is to reduce the number
 
 3 of administrative rules through the outright repeal of one or
 
 4 more specific sections, chapters, or subchapters of the Hawaii
 
 5 Administrative Rules.  This part further specifies that to
 
 6 expedite the streamlining of Hawaii state government and increase
 
 7 government efficiency, agencies whose rules have been repealed by
 
 8 this part need not comply with the requirements for the repeal of
 
 9 rules under the Administrative Procedure Act with respect to
 
10 these rules.
 
11      SECTION 2.  Notwithstanding any law to the contrary, the
 
12 following Hawaii Administrative Rules are hereby repealed, having
 
13 been found to be unnecessary.
 
14      (1)  OFFICE OF THE GOVERNOR:
 
15           (A)  Title 1, chapter 3, Long-Term Care Service
 
16                Development Fund; and
 
17           (B)  Title 1, chapter 4, Renovation and Conversion of
 
18                Existing Facilities for Long-Term Care Programs.
 
19      (2)  OFFICE OF THE LIEUTENANT GOVERNOR - Office of
 
20           Elections:
 

 
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 1           Title 2, chapter 38, Adoption, Amendment, or Repeal of
 
 2           Rules by Chief Election Officer.
 
 3      (3)  DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
 
 4           (A)  Title 3, chapter 11, Rules and Regulations for the
 
 5                Administration and Accountability of Petty Cash
 
 6                Funds; and
 
 7           (B)  Title 3, chapter 12, Rules Governing the Reporting
 
 8                of Funds Not Deposited in the State Treasury.
 
 9      (4)  DEPARTMENT OF AGRICULTURE:
 
10           (A)  Title 4, chapter 3, Rules and Regulations
 
11                Governing the Kauai Planning and Development
 
12                Program;
 
13           (B)  Title 4, chapter 25, Meat Inspection; and
 
14           (C)  Title 4, chapter 26, Poultry Inspection.
 
15      (5)  DEPARTMENT OF BUDGET AND FINANCE:
 
16           (A)  Title 6, chapter 11, Veterans Loan Program;
 
17           (B)  Title 6, chapter 100, General Provisions - Hawaii
 
18                Information Network Corporation;
 
19           (C)  Title 6, chapter 101, Marketing and Promotion
 
20                Activities;
 
21           (D)  Title 6, chapter 102, HAWAII INC Service Bureau;
 
22                and
 
23           (E)  Title 6, chapter 103, Hawaii FYI Electronic
 

 
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 1                Services Gateway.
 
 2      (6)  DEPARTMENT OF HAWAIIAN HOME LANDS:
 
 3           Title 10, chapter 100, Leases to Hawaiians.
 
 4      (7)  DEPARTMENT OF HEALTH:
 
 5           (A)  Title 11, chapter 3, Physical Therapists;
 
 6           (B)  Title 11, chapter 6, State Health Insurance
 
 7                Program;
 
 8           (C)  Title 11, chapter 14, Housing;
 
 9           (D)  Title 11, chapter 16, Recreational Trailer Camps;
 
10           (E)  Title 11, chapter 30, Frozen Desserts;
 
11           (F)  Title 11, chapter 34, Poisons;
 
12           (G)  Title 11, chapter 42, Vehicular Noise Control for
 
13                Oahu; and
 
14           (H)  Title 11, chapter 158, Venereal Disease.
 
15      (8)  DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS:
 
16           (A)  Title 12, chapter 1, except section 12-1-5,
 
17                Petition for declaratory ruling; and
 
18           (B)  Title 12, chapter 507, Aloha State Specialized
 
19                Employment and Training Program.
 
20      (9)  DEPARTMENT OF LAND AND NATURAL RESOURCES:
 
21           (A)  Title 13, chapter 2, Conservation Districts;
 
22           (B)  Title 13, chapter 4, Waimanu Estuarine Sanctuary;
 
23           (C)  Title 13, chapter 6, Conservation Districts;
 

 
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 1           (D)  The following sections of Title 13, chapter 233,
 
 2                Motor Vehicle and Parking Rules:
 
 3                (i)  Section 13-233-11, Vehicles or equipment,
 
 4                     size, weight, and load restrictions;
 
 5               (ii)  Section 13-233-12, Restrictions as to tire
 
 6                     equipment;
 
 7              (iii)  Section 13-233-21, Designation of parking
 
 8                     meter stalls;
 
 9               (iv)  Section 13-233-22, Placement and design of
 
10                     parking meters;
 
11                (v)  Section 13-233-23, Method of parking;
 
12               (vi)  Section 13-233-25, Operation of parking
 
13                     meters; and
 
14              (vii)  Section 13-233-41, Designation of parking
 
15                     stalls.
 
16     (10)  DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS:
 
17           (A)  Title 16, chapter 2, Hawaii Temporary Disability
 
18                Insurance Risk Spreading Plan;
 
19           (B)  Title 16, chapter 4, Hawaii Insurance Guaranty
 
20                Association Plan of Operation;
 
21           (C)  Title 16, chapter 9, Licensing Examination Fees;
 
22           (D)  Title 16, chapter 10, Unfair Discrimination Solely
 
23                on the Basis of Blindness or Partial Blindness;
 

 
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 1           (E)  Title 16, chapter 11, Multiple Peril Policy Rate
 
 2                Sheet;
 
 3           (F)  Title 16, chapter 12A, Medicare Supplement
 
 4                Policies;
 
 5           (G)  Title 16, chapter 12B, Transitional Requirements
 
 6                for the Conversion of Medicare Supplement
 
 7                Insurance Benefits and Premiums to Conform to
 
 8                Repeal of Medicare Catastrophic Coverage Act; and
 
 9           (H)  Title 16, chapter 173, Hawaii Property Insurance
 
10                Association.
 
11     (11)  DEPARTMENT OF TRANSPORTATION:
 
12           (A)  Title 19, chapter 5, Service Charge for Dishonored
 
13                Negotiable Instruments at the Department of
 
14                Transportation; and
 
15           (B)  Title 19, chapter 28, Aircraft Noise Control.
 
16      SECTION 3.  Notwithstanding section 91-3, Hawaii Revised
 
17 Statutes, or any law to the contrary, no agency affected by any
 
18 section, chapter, or subchapter of the Hawaii Administrative
 
19 Rules that has been repealed by this part shall be required to
 
20 give advanced public notice, provide a public hearing, distribute
 
21 copies of repealed rules, or take any other action required by
 
22 chapter 91, Hawaii Revised Statutes, with respect to those
 
23 administrative rules that have been repealed by this part.
 

 
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 1      SECTION 4.  All contracts entered into pursuant to
 
 2 administrative rules that have been repealed by this part shall
 
 3 continue to be honored until their termination.  The provisions
 
 4 of this part shall not be applied so as to impair any contract
 
 5 existing as of the effective date of this Act or to otherwise
 
 6 violate either the Hawaii State Constitution or article I,
 
 7 section 10, of the United States Constitution.
 
 8                              PART II
 
 9      SECTION 5.  The purpose of this part is to reduce the number
 
10 of administrative rules by specifying that where an agency seeks
 
11 only to repeal as null and void or unnecessary certain specific
 
12 sections, chapters, or subchapters of the Hawaii administrative
 
13 rules, the agency need only publish a public notice of those
 
14 sections, chapters, or subchapters that are being repealed,
 
15 without any accompanying description of those provisions, and
 
16 without the need for a public hearing.  Agencies that propose to
 
17 adopt, amend, or compile administrative rules, whether separately
 
18 or in combination with the repeal of rules, must continue to
 
19 comply with the existing requirements of the Administrative
 
20 Procedure Act.  The legislature finds that this part will further
 
21 help to streamline government and increase government efficiency.
 
22      SECTION 6.  Section 91-3, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "91-3   Procedure for adoption, amendment, or repeal of
 
 2 rules.(a)  [Prior] Except as provided in subsection (f), prior
 
 3 to the adoption of any rule authorized by law, or the amendment
 
 4 or repeal thereof, the adopting agency shall:
 
 5      (1)  Give at least thirty days' notice for a public hearing.
 
 6           The notice shall include:
 
 7           (A)  A statement of the topic of the proposed rule
 
 8                adoption, amendment, or repeal or a general
 
 9                description of the subjects involved; and
 
10           (B)  A statement that a copy of the proposed rule to be
 
11                adopted, the proposed rule amendment, or the rule
 
12                proposed to be repealed will be mailed to any
 
13                interested person who requests a copy, pays the
 
14                required fees for the copy and the postage, if
 
15                any, together with a description of where and how
 
16                the requests may be made;
 
17           (C)  A statement of when, where, and during what times
 
18                the proposed rule to be adopted, the proposed rule
 
19                amendment, or the rule proposed to be repealed may
 
20                be reviewed in person; and
 
21           (D)  The date, time, and place where the public hearing
 
22                will be held and where interested persons may be
 
23                heard on the proposed rule adoption, amendment, or
 

 
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 1                repeal.
 
 2                The notice shall be mailed to all persons who have
 
 3           made a timely written request of the agency for advance
 
 4           notice of its rulemaking proceedings, given at least
 
 5           once statewide for state agencies and in the county for
 
 6           county agencies.  Proposed state agency rules shall
 
 7           also be posted on the [Internet] internet as provided
 
 8           in section 91-2.6; and
 
 9      (2)  Afford all interested persons opportunity to submit
 
10           data, views, or arguments, orally or in writing.  The
 
11           agency shall fully consider all written and oral
 
12           submissions respecting the proposed rule.  The agency
 
13           may make its decision at the public hearing or announce
 
14           then the date when it intends to make its decision.
 
15           Upon adoption, amendment, or repeal of a rule, the
 
16           agency, if requested to do so by an interested person,
 
17           shall issue a concise statement of the principal
 
18           reasons for and against its determination.
 
19      (b)  Notwithstanding the foregoing, if an agency finds that
 
20 an imminent peril to the public health, safety, or morals, or to
 
21 livestock and poultry health, requires adoption, amendment, or
 
22 repeal of a rule upon less than thirty days' notice of hearing,
 
23 and states in writing its reasons for such finding, it may
 

 
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 1 proceed without prior notice or hearing or upon such abbreviated
 
 2 notice and hearing, including posting the abbreviated notice and
 
 3 hearing on the [Internet] internet as provided in section 91-2.6,
 
 4 as it finds practicable to adopt an emergency rule to be
 
 5 effective for a period of not longer than one hundred twenty days
 
 6 without renewal.
 
 7      (c)  The adoption, amendment, or repeal of any rule by any
 
 8 state agency shall be subject to the approval of the governor.
 
 9 The adoption, amendment, or repeal of any rule by any county
 
10 agency shall be subject to the approval of the mayor of the
 
11 county.  This subsection shall not apply to the adoption,
 
12 amendment, and repeal of the rules of the county boards of water
 
13 supply.
 
14      (d)  The requirements of subsection (a) may be waived by the
 
15 governor in the case of the State, or by the mayor in the case of
 
16 a county, whenever a state or county agency is required by
 
17 federal provisions to adopt rules as a condition to receiving
 
18 federal funds and the agency is allowed no discretion in
 
19 interpreting the federal provisions as to the rules required to
 
20 be adopted; provided that the agency shall make the adoption,
 
21 amendment, or repeal known to the public by:
 
22      (1)  Giving public notice of the substance of the proposed
 
23           rule at least once statewide prior to the waiver of the
 

 
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 1           governor or the mayor; and
 
 2      (2)  Posting the full text of the proposed rulemaking action
 
 3           on the [Internet] internet as provided in section 91-
 
 4           2.6.
 
 5      (e)  No adoption, amendment, or repeal of any rule shall be
 
 6 invalidated solely because of:
 
 7      (1)  The inadvertent failure to mail an advance notice of
 
 8           rulemaking proceedings;
 
 9      (2)  The inadvertent failure to mail or the nonreceipt of
 
10           requested copies of the proposed rule to be adopted,
 
11           the proposed rule amendment, or the rule proposed to be
 
12           repealed; or
 
13      (3)  The inadvertent failure on the part of a state agency
 
14           to post on the website of the office of the lieutenant
 
15           governor all proposed rulemaking actions of the agency
 
16           and the full text of the agency's proposed rules as
 
17           provided in section 91-2.6.
 
18 Any challenge to the validity of the adoption, amendment, or
 
19 repeal of an administrative rule on the ground of noncompliance
 
20 with statutory procedural requirements shall be forever barred
 
21 unless the challenge is made in a proceeding or action, including
 
22 an action pursuant to section 91-7, that is begun within three
 
23 years after the effective date of the adoption, amendment, or
 

 
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 1 repeal of the rule.
 
 2      (f)  Whenever an agency seeks only to repeal one or more
 
 3 sections, chapters, or subchapters of the agency's rules because
 
 4 the rules are either null and void or unnecessary, and not adopt,
 
 5 amend, or compile any other rules:
 
 6      (1)  The agency shall give thirty days' public notice at
 
 7           least once statewide of the proposed date of repeal and
 
 8           of:
 
 9           (A)  A list of the sections, chapters, or subchapters,
 
10                as applicable, being repealed; and
 
11           (B)  A statement of when, where, and during what times
 
12                the sections, chapters, or subchapters proposed to
 
13                be repealed may be reviewed in person;
 
14      (2)  The agency shall post the full text of the proposed
 
15           sections, chapters, or subchapters to be repealed on
 
16           the internet as provided in section 91-2.6; and
 
17      (3)  Any interested person may petition the agency regarding
 
18           the sections, chapters, or subchapters proposed to be
 
19           repealed, pursuant to section 91-6.
 
20      This subsection does not apply to the repeal of one or more
 
21 subsections, paragraphs, subparagraphs, clauses, words, phrases,
 
22 or other material within a section that does not constitute the
 
23 entire section to be repealed."
 

 
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 1                             PART III
 
 2      SECTION 7.  The purpose of this part is to reduce the number
 
 3 of administrative rules through the outright repeal of one or
 
 4 more specific sections, chapters, or subchapters of the Hawaii
 
 5 Administrative Rules.  This part further specifies that in order
 
 6 to expedite the streamlining of Hawaii state government and
 
 7 increasing government efficiency, agencies whose rules have been
 
 8 repealed by this part need not comply with the requirements for
 
 9 the repeal of rules under the Administrative Procedure Act with
 
10 respect to these rules.
 
11      SECTION 8.  Notwithstanding any law to the contrary, the
 
12 following administrative rules of the Hawaii Administrative Rules
 
13 that are null and void are hereby repealed by virtue of the fact
 
14 that they are already null and void:
 
15      (1)  OFFICE OF THE LIEUTENANT GOVERNOR Administration:
 
16           Title 2, chapter 29, Hawaii Criminal Justice Commission
 
17           Administrative Practice and Procedure.
 
18      (2)  DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
 
19           Title 3, chapter 56, Rules Providing Value Engineering
 
20           Incentives in Public Works Contracts.
 
21      (3)  DEPARTMENT OF AGRICULTURE:
 
22           (A)  Title 4, chapter 6, Orchards Development Program;
 
23           (B)  Title 4, chapter 7, Hawaii Agricultural Products
 

 
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 1                Program;
 
 2           (C)  Title 4, chapter 10, The Independent Sugar Grower
 
 3                Loan Program; and
 
 4           (D)  Title 4, chapter 47, Agricultural Marketing Orders
 
 5                and Agreements.
 
 6      (4)  DEPARTMENT OF BUDGET AND FINANCE:
 
 7           Title 6, chapter 15, Grants, Subsidies, and Purchases
 
 8           of Service.
 
 9      (5)  DEPARTMENT OF HEALTH:
 
10           Title 11, chapter 141, Midwives.
 
11      (6)  DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS:
 
12           (A)  Title 12, chapter 9, Work Incentive Program for
 
13                AFDC Recipients;
 
14           (B)  Title 12, chapter 23, Relating to Discriminatory
 
15                Practices;
 
16           (C)  Title 12, chapter 34, State Program for the
 
17                Unemployed; and
 
18           (D)  Title 12, chapter 35, Displaced Homemaker Program.
 
19      (7)  DEPARTMENT OF LAND AND NATURAL RESOURCES:
 
20           Title 13, chapter 59, Kawaaloa-Moomomi Bays Subsistence
 
21           Fishing Pilot Demonstration Project, Molokai.
 
22      (8)  DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND
 
23           TOURISM:
 

 
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 1           (A)  Title 15, chapter 3, Fishing Vessel Loan Programs;
 
 2           (B)  Title 15, chapter 7, Molokai Loan Program;
 
 3           (C)  Title 15, chapter 13, The Hawaii State Plan Policy
 
 4                Council; and
 
 5           (D)  Title 15, chapter 14, Commission on Population and
 
 6                the Hawaiian Future Rules of Practice and
 
 7                Procedure.
 
 8      (9)  DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS:
 
 9           (A)  Title 16, chapter 8, Patient's Compensation Fund;
 
10           (B)  Title 16, chapter 29, Branch Bank of University of
 
11                Hawaii Manoa Campus;
 
12           (C)  Title 16, chapter 109, Factory-Built Housing;
 
13           (D)  Title 16, chapter 111, Real Estate Collection
 
14                Servicing Agents; and
 
15           (E)  Title 16, chapter 316, Hawaiian Home Lands Trust
 
16                Individual Claims Review Panel Administrative
 
17                Practice and Procedure.
 
18      (10) DEPARTMENT OF TAXATION:
 
19           Title 18, chapter 234, Natural Disaster Claims
 
20           Commissions.
 
21                              PART IV
 
22      SECTION 9.  If any provision of this Act, or the application
 
23 thereof to any person or circumstance is held invalid, the
 

 
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 1 invalidity does not affect other provisions or applications of
 
 2 the Act which can be given effect without the invalid provision
 
 3 or application, and to this end the provisions of this Act are
 
 4 severable.
 
 5      SECTION 10.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 11.  This Act shall take effect upon its approval.