Report Title:

Administrative Rules; Sunset

Description:

Provides for the automatic sunset of all administrative rules in 3 years unless the impacted agency is able to justify the existence of those rules to the legislature. Requires the small business regulatory review board to review all rules and report findings and recommendations to the legislature.

 

THE SENATE

S.B. NO.

735

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ADMINISTRATIVE RULES.

 

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

SECTION 1. Automatic repeal of administrative rules. (a) Notwithstanding any law to the contrary, all administrative rules adopted pursuant to chapter 91 shall be repealed on July 1, 2006, unless the impacted agency is able to justify the existence of its rules to the satisfaction of the legislature.

(b) The small business regulatory review board established pursuant to section 2 of Act 168, Session Laws of Hawaii 1998, as amended by Act 202, Session Laws of Hawaii 2002, shall conduct an analysis of regulatory programs to assist the legislature in determining whether any such program should be repealed or continued. The review board shall make written recommendations to the legislature regarding the following:

(1) Whether any rule should be repealed, amended, compiled, or reenacted;

(2) Whether a rule is in furtherance of an appropriate function of state government; and

(3) 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.

(c) Every agency administering a state program shall furnish the small business regulatory review board and the legislature all such documents and information as the review board may from time to time require. Each agency shall make available to the review board and the legislature, and any member or committee of either house of the legislature, all documents and information as may be requested. The chairperson of the review board and the president of the senate and speaker of the house of representatives, or their representatives, when duly authorized, for the purpose of securing information, shall have access to and may examine any books, documents, papers, or records of any agency.

(d) The review board shall conduct its review of each administrative rule before January 1, 2005, and shall report its findings and recommendations, including any proposed implementing legislation, to the legislature before the expiration of the board on June 30, 2006.

SECTION 2. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

SECTION 3. The provisions of this Act shall not be applied so as to impair any contract existing as of the effective date of this Act or to otherwise be deemed to violate either the Hawaii constitution or article I, section 10, of the Constitution of the United States.

SECTION 4. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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