REPORT TITLE:
Rule Policy Task Force


DESCRIPTION:
Establishes a Rule Drafting Policy Task Force to develop policies
representing the public interest in rules that place the minimum
burden necessary on governmental and private productivity, and
guidelines and examples to integrate the policies into the rule
drafting process.  The task force is to prepare legislation
adding the policies to Chapter 91, and providing for
incorporation of the guidelines and examples in the Hawaii
Administrative Rules Drafting Manual.

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

RELATING TO ADMINISTRATIVE RULES.



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

 1      SECTION 1.  The legislature finds that unnecessary,
 
 2 cumbersome, and unduly restrictive administrative rules
 
 3 negatively affect the productivity of government and business.
 
 4 For instance, rules may be unnecessarily detailed and prevent an
 
 5 agency from responding in the most efficient and effective manner
 
 6 to changing circumstances.  Programs such as the slice waste and
 
 7 tape (SWAT) program, the small business task force, and the
 
 8 business advocate are currently reforming the state's
 
 9 administrative rules.  They are primarily doing so by improving
 
10 the rule revision process.  Public access to rules has been
 
11 increased, and rules are being evaluated with an eye toward their
 
12 impact on business.
 
13      The legislature finds that to maintain forward progress
 
14 toward reforming the administrative rules, policies representing
 
15 the public interest in minimizing the burden that rules place on
 
16 governmental and private productivity should be identified and
 
17 memorialized in the law.  The legislature further finds that
 
18 these policies should be integrated into the rulemaking and rule
 
19 revision process in the form of guidelines and examples.  The
 
20 Administrative Procedure Act, chapter 91 of the Hawaii Revised
 

 
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 1 Statutes, lacks policies relating to the state's productivity
 
 2 concerns.  The Hawaii Administrative Rules (HAR) Drafting Manual,
 
 3 and the rules format chapters of the HAR also lack any guidelines
 
 4 or examples that would help drafters identify and utilize
 
 5 alternatives to rules that have unintended, negative effects on
 
 6 productivity.
 
 7      The purpose of this Act is to establish a task force to
 
 8 develop policies, guidelines, and examples that establish the
 
 9 public interest in minimizing the burden placed by rules on
 
10 governmental and private productivity, and integrate this policy
 
11 into the rule drafting process.
 
12      SECTION 2.  Rule drafting policy task force; establishment;
 
13 membership; organization, procedures and staff support; duties.
 
14 (a)  There is established a rule drafting policy task force, to
 
15 be placed in the department of commerce and consumer affairs for
 
16 administrative purposes, only.  The task force shall include a
 
17 representative of the following programs and agencies, to be
 
18 selected by the program or agency:
 
19      (1)  Business advocate;
 
20      (2)  Department of the attorney general;
 
21      (3)  Department of commerce and consumer affairs;
 
22      (4)  Legislative reference bureau; and
 
23      (5)  Slice Waste and Tape program.
 

 
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 1 The task force may invite participants as deemed necessary to
 
 2 effectuate its purposes.
 
 3      (b)  The representative of the department of commerce and
 
 4 consumer affairs shall serve as the chairperson of the task
 
 5 force.  The task force shall establish its own procedures and may
 
 6 designate another chairperson according to those procedures.  The
 
 7 task force shall convene on a regular basis.  In carrying out its
 
 8 duties under this section, the task force may request staff
 
 9 assistance from the department of commerce and consumer affairs,
 
10 and other appropriate state agencies.
 
11      (c)  The task force shall develop policies representing the
 
12 public interest in minimizing the burden that rules place on
 
13 governmental and private productivity.  The task force shall
 
14 develop guidelines and examples to integrate these policies into
 
15 the rulemaking process.  The guidelines and examples shall be
 
16 designed to assist rule drafters and revisers to identify rules
 
17 with unintended, undesirable effects on governmental and private
 
18 sector efficiency and effectiveness.  The guidelines and examples
 
19 shall also encourage and enable rule drafters and revisers to
 
20 utilize less formal and inflexible alternatives to rules, and to
 
21 distinguish between rules that are necessary and must be adopted,
 
22 and rules that may be adopted in the discretion of the agency.
 
23 The guidelines and examples shall also include alternatives to
 

 
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 1 the adoption of rules.  To give rule drafters and revisers access
 
 2 to agency experience, the task force shall, where possible,
 
 3 attempt to obtain and utilize examples of actual problem agency
 
 4 rules, actual rules that have been adopted by agencies as an
 
 5 alternative to these problem rules, and actual non-rule
 
 6 alternatives that have been utilized by agencies.
 
 7      The task force shall prepare legislation incorporating the
 
 8 policies into chapter 91, and providing for incorporation of the
 
 9 guidelines and examples in the Hawaii Administrative Rules
 
10 Drafting Manual.  The task force shall submit the proposed
 
11 legislation and a summary of the proposed revision of the Hawaii
 
12 Administrative Rules Drafting Manual to the legislature no later
 
13 than twenty days before the convening of the regular session of
 
14 2001.
 
15      SECTION 3.  The rule drafting and policy task force shall
 
16 cease to operate after the adjournment sine die of the 2001
 
17 regular session of the legislature.
 
18      SECTION 4.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:  _______________________
 
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