REPORT TITLE:
Adm. procedure; sunset


DESCRIPTION:
Establishes the three-year administrative rules review pilot
program requiring the Department of Commerce and Consumer Affairs
to examine its existing rules and begin the process of repealing
obsolete, cumbersome, unnecessary, or overly restrictive rules.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1860
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ADMINISTRATIVE PROCEDURES.



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

 1      SECTION 1.  The legislature finds that many of Hawaii's
 
 2 administrative rules are obsolete, cumbersome, unnecessary, or
 
 3 overly restrictive.  Currently, state departments and agencies
 
 4 have no mandate to review existing rules with the intent to
 
 5 streamline, amend, or discard rules that are no longer needed.
 
 6      The large volume of rules, which have outlived their
 
 7 usefulness, negatively impacts the ability of government and
 
 8 businesses to operate efficiently.  Further, public access to
 
 9 administrative rules is hindered by this condition, and the
 
10 ability of the public to provide input into government programs
 
11 is also adversely affected.
 
12      The legislature acknowledges that a Herculean effort is
 
13 required to begin sorting through existing administrative rules
 
14 to determine which ones should be retained and which ones should
 
15 be eliminated.  The legislature finds that each state agency,
 
16 beginning with the department of commerce and consumer affairs,
 
17 should actively participate in this process.
 
18      The purpose of this Act is to establish the administrative
 
19 rules review pilot program requiring the department of commerce
 

 
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 1 and consumer affairs to examine its existing administrative rules
 
 2 and begin the process of repealing obsolete, cumbersome,
 
 3 unnecessary, or overly restrictive rules.
 
 4      SECTION 2.  (a)  Administrative rules review pilot program;
 
 5 established.  There is established the administrative rules
 
 6 review pilot program to be placed in the department of commerce
 
 7 and consumer affairs for administrative purposes.  As part of the
 
 8 administrative rules review pilot program, the department of
 
 9 commerce and consumer affairs shall:
 
10      (1)  Review all of its rules to determine which rules should
 
11           be sunsetted, amended, or replaced because they are
 
12           obsolete, cumbersome, unnecessary, or overly
 
13           restrictive; and
 
14      (2)  Consider the feasibility of repealing any rule adopted
 
15           by any agency three years after its adoption, with
 
16           provisions allowing for the continuation of rules that
 
17           can be justified by the agency.
 
18      (b)  Reports.  The department of commerce and consumer
 
19 affairs shall provide a preliminary report on the progress of the
 
20 administrative rules review pilot program, outlining its method
 
21 of review, to the legislature no later than twenty days prior to
 
22 the convening of the regular session of 2001.
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      The department of commerce and consumer affairs shall submit
 
 2 a final report of its findings and recommendations to the
 
 3 legislature no later than twenty days prior to the convening of
 
 4 the regular session of 2003.  The final report shall include:
 
 5      (1)  A master list of all rules reviewed by the department
 
 6           of commerce and consumer;
 
 7      (2)  The total number of rules that should remain intact, be
 
 8           amended, and be repealed;
 
 9      (3)  A list, including the rule number and corresponding
 
10           title, designating which rules should remain intact, be
 
11           amended, and be repealed;
 
12      (4)  Recommendations that can be used by other departments
 
13           for the efficient review of their existing rules;
 
14      (5)  Recommendations to ensure the timely review of all new
 
15           rules;
 
16      (6)  Any other pertinent information about the process used
 
17           by the department of commerce and consumer affairs in
 
18           undertaking the administrative rules review pilot
 
19           program; and
 
20      (7)  Proposed legislation, if necessary, to facilitate
 
21           efforts to improve administrative procedure under
 
22           chapter 91, Hawaii Revised Statutes.
 

 
 
 
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 1      SECTION 3.  This Act shall take effect upon its approval,
 
 2 and shall be repealed on June 30, 2003.
 
 3 
 
 4                        INTRODUCED BY: ___________________________
 
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