THE SENATE

S.B. NO.

2375

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to state forms.

 

 

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

 


SECTION 1. The legislature finds that state agencies often request or require certain information from residents, community organizations, businesses, and other entities, but do not always provide proper or clear instructions regarding how to submit that information to an agency.

The legislature also finds that there is much variation in the ways that state agencies require information to be submitted. For example, some state agencies require submission of a letter or memorandum, while others require documents or lists of information. Although some state agencies provide forms to facilitate the submission, not all agencies do so. This variation leads to unnecessary confusion, stress, and delays in the lives of the people who live, work, and do business in the State.

Accordingly, the purpose of this Act is to require any state agency that requires a person to submit information, data, or other materials to the state agency to create a form, with instructions, written in plain language, to facilitate the collection of that information, data, or material.

SECTION 2. Chapter 27, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"27- State forms; requirements. (a) Any state agency that requires a person to submit any information, data, or other materials to the state agency shall create a form to facilitate the collection of that information, data, or material.

(b) The form shall:

(1) Clearly state, in plain language, the information, data, or submission that is required; provided that if the form directs the person to provide a list of items, the form shall include a sample listing for reference;

(2) Include clear instructions, in plain language, regarding how to properly complete the form;

(3) Be posted on the state agency's website;

(4) Be available in physical form at the state agency's office and at any other appropriate locations; provided that information regarding where a physical version of the form is available shall be posted on the state agency's website; and

(5) Include contact information, including a telephone number, that a person filling out the form may use if the person requires additional assistance.

(c) Nothing in this section shall be construed to:

(1) Limit any other requirement of law, including any other requirement that a state agency is required to follow when creating a form;

(2) Relieve any person of any requirement to transmit any information, data, or other submission that is required by law, ordinance, rule, order, resolution, or policy; or

(3) Create a new private right of action.

(d) As used in this section:

"Plain language" means language that:

(1) Is written in a clear, concise, and coherent manner;

(2) Uses words with common meanings; and

(3) Follows other best practices appropriate to the subject or field and intended audience.

"State agency" includes any department, office, board, division, or commission of the State, including the university of Hawaii."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

State Agencies; Submission of Information; Forms Required; Plain Language

 

Description:

Requires any state agency that requires a person to submit information, data, or other materials to create a form, including instructions, that is written in plain language, to facilitate the collection of that information, data, or material.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.