Report Title:

Commission on Effective Legislation; Ombudsman

 

Description:

Establishes a commission on effective legislation, to be administratively placed under the ombudsman. Requires the commission to be composed of representatives from the executive departments, University of Hawaii, judiciary, and other appropriate state entities to identify existing laws that are obsolete, redundant, conflicting, or ineffective. Requires ombudsman to report to legislature.

 


THE SENATE

S.B. NO.

1103

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EFFECTIVE LEGISLATION.

 

 

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

 


SECTION 1. The legislature finds that many existing laws may be obsolete, redundant, conflicting, or ineffective, and in need of repeal or amendment accordingly. However, there has been no systematic review of such laws in order to determine which of these laws should be repealed or amended.

The purpose of this Act is to establish a commission on effective legislation.

SECTION 2. Chapter 96, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"96‑   Commission on effective legislation. (a) There is established under the ombudsman a commission on effective legislation. The commission shall be composed of the ombudsman or the ombudsman's designee, who shall serve as chair of the commission, the director of the legislative reference bureau or the director's designee, who shall serve as vice-chair, and not less than five department heads representing the executive departments of the State or their designee, as well as the chief justice of the judiciary and the president of the University of Hawaii or their respective designees; provided that the governor shall appoint, upon recommendation of the president of the senate and speaker of the house of representatives, which department heads shall serve on the commission and may add or substitute department heads of different executive departments not sooner than every two years to facilitate the review of a broader spectrum of laws.

(b) The commission on effective legislation shall review all existing laws to determine whether a law is obsolete, redundant, conflicting, or ineffective, and in need of repeal or amendment accordingly. The commission shall solicit public comment for purposes of this subsection.

(c) Upon providing prior notification to each executive department of the time and place of a meeting, the ombudsman shall convene a meeting of the commission on effective legislation not less than biennially, prior to the convening of the regular session of the first year of each legislative biennium. In lieu of or in addition to attendance at a meeting, an executive department may make a written submission to the ombudsman.

(d) The ombudsman shall submit a report of its findings and recommendations made pursuant to subsection (c), to the legislature no later than twenty days prior to the convening of the regular session of the first year of each legislative biennium.

(e) For purposes of the report submitted pursuant to subsection (d), if an existing law is determined by an executive department to be ineffective, the ombudsman shall report on that determination."

SECTION 3. Section 96-5, Hawaii Revised Statutes, is amended to read as follows:

"96-5 Jurisdiction. The ombudsman has jurisdiction to investigate the administrative acts of agencies and the ombudsman may exercise the ombudsman's powers without regard to the finality of any administrative act. The ombudsman has jurisdiction to administer the commission on effective legislation under section 96‑  ."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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