HOUSE OF REPRESENTATIVES

H.B. NO.

568

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO INTERIM ADMINISTRATIVE RULES OF THE DEPARTMENT OF HAWAIIAN HOME LANDS.

 

 

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

 


     SECTION 1.  The legislature finds that the Hawaiian Homes Commission Act requires the department of Hawaiian home lands to conduct "beneficiary consultation" prior to the disposition of certain available lands.  "Beneficiary consultation", under the Hawaiian Homes Commission Act, 1920, as amended, means the direct outreach to lessees, applicants, and native Hawaiians as part of the department of Hawaiian home lands or Hawaiian homes commission's decision-making process.

     The legislature further finds that additional administrative rules are required for the efficient awarding of leases and other disposition of lands.  However, following the rulemaking process set forth in chapter 91, Hawaii Revised Statutes, would create unnecessary delay and ultimately harm beneficiaries.

     The purpose of this Act is to authorize the department of Hawaiian home lands to issue interim rules in a manner that complies with the requirement of the Hawaiian Homes Commission Act to conduct beneficiary consultation.

     SECTION 2.  (a)  Notwithstanding any other law to the contrary in chapter 91, Hawaii Revised Statutes, the department of Hawaiian home lands may issue interim rules after beneficiary consultation is conducted.

     (b)  The rules shall become effective upon the approval of the Hawaiian homes commission.

     (c)  The interim rules shall be exempt from section 91-3, Hawaii Revised Statutes, and all other requirements for public notice, public hearing, and approval of the governor in chapter 91, Hawaii Revised Statutes.

     (d)  The interim rules shall be effective for eighteen months from the date the interim rules take effect or when the department of Hawaiian home lands adopts rules pursuant to chapter 91, Hawaii Revised Statutes, whichever comes first.

     (e)  The authority to issue interim rules pursuant to this Act shall terminate on            .

     For the purposes of this section, "beneficiary consultation" means the department of Hawaiian home lands' direct outreach to lessees, applicants, and native Hawaiians as defined by the Hawaiian Homes Commission Act, 1920, as amended, as part of the department of Hawaiian home lands or Hawaiian homes commission's decision-making process.

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

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Department of Hawaiian Home Lands; Interim Rules

 

Description:

Authorizes the Department of Hawaiian Home Lands to issue interim rules that exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91, HRS, after beneficiary consultation is conducted by the Department of Hawaiian Home Lands and upon approval by the Hawaiian Homes Commission.  Limits effective time period of the interim rules to not more than eighteen months.

 

 

 

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