Report Title:
Admin. Proc.; Rules; Repeal; Sml. Bus. Reg. Rev. Bd. Rpt.
Description:
Requires that every administrative rule conforms to its related statute; provides for the automatic repeal of administrative rules effective 180 days after the repeal of the related statute or ordinance; expands scope of the small business regulatory review board's annual evaluation report.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2192 |
TWENTY-SECOND LEGISLATURE, 2004 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ADMINISTRATIVE PROCEDURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Conforming the adoption, repeal, or amendment of an administrative rule to its related statute is necessary. Ensuring that the proposed rule change has a rational nexus to the law and conforms to the letter, spirit, and intent of the law prior to a public hearing should increase government efficiency and limit the resultant expenditure of already limited governmental time and resources used to ensure the conformity of a rule to the existing statute after a public hearing on the rule change has been held.
The purpose of this part is to improve government efficiency by:
(1) Ensuring that, whenever an administrative rule is adopted, amended, or repealed, the action conforms to the letter, spirit, and intent of the related statute; and
(2) Giving the head of an agency affected by administrative rules more accountability for the compliance and conformity of the agency's rules to the statutes.
SECTION 2. Chapter 91, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§91- Rulemaking procedure. (a) When adopting, amending, or repealing rules, agencies shall comply with:
(1) The requirements of this section;
(2) Consistent procedures required by other statutes; and
(3) Applicable federal mandates.
(b) Subject to the requirements of this chapter, each agency shall develop and use flexible approaches in adopting, amending, or repealing rules that meet the needs of the agency and that involve persons affected by the agency's rules. In adopting, amending, or repealing rules, the head of the agency shall ensure that the rules reflect the spirit and intent of the law.
(c) After a public hearing has been held to adopt, amend, or repeal any rule as required by section 91-3, the proposed action shall not be finalized unless the head of the agency concurs that the proposed action on the rule has a rational nexus to the law and conforms to the letter, spirit, and intent of the law.
(d) Any interested party may appeal the adoption, amendment, or repeal of a rule by filing a petition for regulatory review as provided for in section 91-6."
PART II
SECTION 3. The repeal of rules that have lost their authorizing statute or ordinance is a housekeeping matter that should not need to involve full rulemaking procedures. To improve the efficiency of government, the requirement that full rulemaking procedures be followed to repeal rules adopted pursuant to a statute or ordinance that has been subsequently repealed should be eliminated. Such a change will ensure that valuable government resources and time are not wasted.
The purpose of this part is to improve government efficiency by providing for the automatic repeal of administrative rules along with the repeal of their authorizing statute or ordinance.
SECTION 4. Chapter 91, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§91- Automatic repeal of administrative rules. (a) Upon the repeal of a statute or ordinance, any administrative rule that has been adopted pursuant to the repealed statute or ordinance is automatically repealed, effective one hundred eighty days after the related statute or ordinance is repealed.
(b) This section shall not apply to an administrative rule adopted pursuant to a subsequently repealed statute or ordinance that is readopted by operation of law as a part of a transfer of functions from one department or agency to another department or agency."
PART III
SECTION 3. Section 201M-7, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The board may solicit testimony from the public regarding any report submitted by the agency under this section at a public meeting held pursuant to chapter 92. Upon consideration of any report submitted by an agency under this section and any public testimony, the small business regulatory review board shall submit an evaluation report to each regular session of the legislature in even-numbered years. The evaluation report shall include [an]:
(1) An assessment as to whether the public interest significantly outweighs a rule's effect on small business and any legislative proposal to eliminate or reduce the effect on small business[.];
(2) Any recommendations as to whether a rule is in furtherance of an appropriate function of state government; and
(3) Any recommendations as to whether the rule, although in furtherance of an appropriate function of state government, can be implemented by the private sector as cost-effectively as the public sector while meeting the same plans, goals, objectives, standards, measures of effectiveness, wage, salary, conditions of employment, and employee benefit programs of the State.
The legislature may take such action in response to the report as it finds appropriate."
PART IV
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval; provided that part II shall apply retroactively to administrative rules adopted pursuant to statutes or ordinances that have been repealed prior to the effective date of this Act.
INTRODUCED BY: |
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