STAND. COM. REP. NO.390-02
RE: H.B. No. 1983
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1983, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE PROCEDURE,"
begs leave to report as follows:
The purpose of the bill is to:
(1) Revise standards for adoption, amendment, or repeal of administrative rules; and
(2) Establish a Rule-drafting Policy Task Force (Task Force) and an Administrative Rules Review Pilot Program (Pilot Program).
A concerned individual testified in support of this measure. The Department of Business, Economic Development, and Tourism, Hawaii Agriculture Research Center, and National Federation of Independent Business supported the intent of the measure. The Department of Commerce and Consumer Affairs submitted testimony in opposition to sections 2 and 3 of the bill.
Your Committee finds that efforts to simplify the regulatory process have been under consideration for a number of years. This measure represents one step toward this goal.
Your Committee has amended this measure by:
(1) Deleting a provision that would have required an agency adopting rules required by federal law to submit the rules with justification to the Legislature ten days prior to each regular session;
(2) Clarifying that the automatic repeal provisions do not apply to rules authorized by statutes or ordinances that are repealed for the purpose of transferring their authorizing provisions to another statute or ordinance;
(3) Requiring the Task Force to consult with business and environmental groups;
(4) Providing that the Pilot Program consider the feasibility of repealing rules within "a specified period" after adoption, instead of "three years" after adoption, to allow the agency flexibility in determining the appropriate time frame; and
(5) Making technical, nonsubstantive amendments for purposes of clarity and style.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1983, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 1983, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
ERIC G. HAMAKAWA, Chair