Report Title:

Administrative Rules; Repeal

Description:

Provides that any administrative rule that has been adopted pursuant to statute or ordinance that has been subsequently repealed shall be repealed automatically without regard to the notification requirements of the Hawaii Administrative Procedure Act. Requires agencies to submit reports to the appropriate legislative body of rules automatically repealed. (SD1)

THE SENATE

S.B. NO.

737

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ADMINISTRATIVE PROCEDURE.

 

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

SECTION 1. Chapter 91, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§91-   Repeal of administrative rules based on statutes or ordinances that have been subsequently repealed. (a) Upon the effective date of this Act, any administrative rule that has been adopted pursuant to a statute or ordinance that has been subsequently repealed shall be repealed automatically without regard to the public notice and public hearing requirements of this chapter.

(b) Upon the repeal of a statute or ordinance, any administrative rule that has been adopted pursuant to the repealed statute or ordinance shall be repealed automatically without regard to the public notice and public hearing requirements of this chapter, except as provided in subsection (c).

(c) By September 1, 2003, each agency and the judiciary shall review all administrative rules under its jurisdiction and shall report to the appropriate legislative body regarding which administrative rules have been repealed pursuant to this section. Thereafter, whenever an agency or the judiciary repeals a rule pursuant to this section, the agency or the judiciary, as the case may be, shall submit a report to the appropriate legislative body identifying the repealed rule and the repealed statute or ordinance that authorized the rule within ninety days after the effective date of rule's repeal."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.