REPORT TITLE:
Repeal Administrative Rules


DESCRIPTION:
Repeal administrative rules that are unnecessary or obsolete.
(HB2581 HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2581
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE REPEAL OF UNNECESSARY ADMINISTRATIVE RULES.



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

 1      SECTION 1.  The legislature finds that the "slice waste and
 
 2 tape", or "SWAT", regulatory reform initiative within the
 
 3 lieutenant governor's office is designed to improve state
 
 4 government by eliminating null and void, unnecessary,
 
 5 ineffective, and overly complex administrative rules that deter
 
 6 economic development and hamper government efficiency.  The
 
 7 intent of this initiative is to reduce the burden of government
 
 8 regulation and minimize its negative effects on Hawaii's
 
 9 residents, businesses, economy, and government operations.
 
10 Strategies to achieve these objectives include such measures as
 
11 improving public access to rules, eliminating unnecessary rules,
 
12 and reviewing and overhauling the rulemaking process.
 
13      The legislature finds that a number of rules that are
 
14 unnecessary should be repealed to reduce the regulatory burden on
 
15 Hawaii's businesses and residents.  However, whenever an agency
 
16 proposes to adopt, amend, or repeal an administrative rule, the
 
17 agency must proceed through a lengthy process specified under the
 
18 Hawaii Administrative Procedure Act that requires giving advanced
 
19 notice, providing a public hearing, and distributing copies of
 

 
Page 2                                                     2581
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 proposed rules to be adopted, amended, or repealed.  The
 
 2 legislature finds that with respect to the repeal of rules which
 
 3 are unnecessary, compliance with this time-consuming and
 
 4 cumbersome process unnecessarily prolongs the inevitable repeal
 
 5 of those rules.
 
 6      The purpose of this Act is to implement one of the
 
 7 lieutenant governor's initiatives to reduce the number of
 
 8 administrative rules through the outright repeal of one or more
 
 9 specific sections, chapters, or subchapters of the Hawaii
 
10 Administrative Rules.  This Act further specifies that in order
 
11 to expedite the streamlining of Hawaii state government and
 
12 increase government efficiency, agencies whose rules have been
 
13 repealed by this Act need not comply with the requirements for
 
14 the repeal of rules under the Administrative Procedure Act with
 
15 respect to these rules.
 
16      SECTION 2.  Notwithstanding any law to the contrary, the
 
17 following Hawaii Administrative Rules are hereby repealed, having
 
18 been found to be unnecessary.
 
19      (1)  OFFICE OF THE GOVERNOR:
 
20           (A)  Title 1, chapter 3, Long-Term Care Service
 
21                Development Fund; and
 
22           (B)  Title 1, chapter 4, Renovation and Conversion of
 
23                Existing Facilities for Long-Term Care Programs.
 

 
Page 3                                                     2581
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  OFFICE OF THE LIEUTENANT GOVERNOR - Office of
 
 2           Elections:
 
 3           Title 2, chapter 38, Adoption, Amendment, or Repeal of
 
 4           Rules by Chief Election Officer.
 
 5      (3)  DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
 
 6           (A)  Title 3, chapter 11, Rules and Regulations for the
 
 7                Administration and Accountability of Petty Cash
 
 8                Funds; and
 
 9           (B)  Title 3, chapter 12, Rules Governing the Reporting
 
10                of Funds Not Deposited in the State Treasury.
 
11      (4)  DEPARTMENT OF AGRICULTURE:
 
12           (A)  Title 4, chapter 3, Rules and Regulations
 
13                Governing the Kauai Planning and Development
 
14                Program;
 
15           (B)  Title 4, chapter 25, Meat Inspection; and
 
16           (C)  Title 4, chapter 26, Poultry Inspection.
 
17      (5)  DEPARTMENT OF BUDGET AND FINANCE:
 
18           (A)  Title 6, chapter 11, Veterans Loan Program;
 
19           (B)  Title 6, chapter 100, General Provisions - Hawaii
 
20                Information Network Corporation;
 
21           (C)  Title 6, chapter 101, Marketing and Promotion
 
22                Activities;
 
23           (D)  Title 6, chapter 102, HAWAII INC Service Bureau;
 
24                and
 

 
Page 4                                                     2581
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           (E)  Title 6, chapter 103, Hawaii FYI Electronic
 
 2                Services Gateway.
 
 3      (6)  DEPARTMENT OF HAWAIIAN HOME LANDS:
 
 4           Title 10, chapter 100, Leases to Hawaiians.
 
 5      (7)  DEPARTMENT OF HEALTH:
 
 6           (A)  Title 11, chapter 3, Physical Therapists;
 
 7           (B)  Title 11, chapter 6, State Health Insurance
 
 8                Program;
 
 9           (C)  Title 11, chapter 14, Housing;
 
10           (D)  Title 11, chapter 16, Recreational Trailer Camps;
 
11           (E)  Title 11, chapter 30, Frozen Desserts;
 
12           (F)  Title 11, chapter 34, Poisons;
 
13           (G)  Title 11, chapter 42, Vehicular Noise Control for
 
14                Oahu; and
 
15           (H)  Title 11, chapter 158, Venereal Disease.
 
16      (8)  DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS:
 
17           (A)  Title 12, chapter 1, except section 12-1-5,
 
18                Petition for declaratory ruling; and
 
19           (B)  Title 12, chapter 507, Aloha State Specialized
 
20                Employment and Training Program.
 
21      (9)  DEPARTMENT OF LAND AND NATURAL RESOURCES:
 
22           (A)  Title 13, chapter 2, Conservation Districts;
 
23           (B)  Title 13, chapter 4, Waimanu Estuarine Sanctuary;
 

 
Page 5                                                     2581
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           (C)  Title 13, chapter 6, Conservation Districts;
 
 2           (D)  The following sections of Title 13, chapter 233,
 
 3                Motor Vehicle and Parking Rules:
 
 4                (i)  Section 13-233-11, Vehicles or equipment,
 
 5                     size, weight, and load restrictions;
 
 6               (ii)  Section 13-233-12, Restrictions as to tire
 
 7                     equipment;
 
 8              (iii)  Section 13-233-21, Designation of parking
 
 9                     meter stalls;
 
10               (iv)  Section 13-233-22, Placement and design of
 
11                     parking meters;
 
12                (v)  Section 13-233-23, Method of parking;
 
13               (vi)  Section 13-233-25, Operation of parking
 
14                     meters; and
 
15              (vii)  Section 41, Designation of parking stalls.
 
16     (10)  DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS:
 
17           (A)  Title 16, chapter 2, Hawaii Temporary Disability
 
18                Insurance Risk Spreading Plan;
 
19           (B)  Title 16, chapter 4, Hawaii Insurance Guaranty
 
20                Association Plan of Operation;
 
21           (C)  Title 16, chapter 9, Licensing Examination Fees;
 
22           (D)  Title 16, chapter 10, Unfair Discrimination Solely
 
23                on the Basis of Blindness or Partial Blindness;
 

 
Page 6                                                     2581
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           (E)  Title 16, chapter 11, Multiple Peril Policy Rate
 
 2                Sheet;
 
 3           (F)  Title 16, chapter 12A, Medicare Supplement
 
 4                Policies;
 
 5           (G)  Title 16, chapter 12B, Transitional Requirements
 
 6                for the Conversion of Medicare Supplement
 
 7                Insurance Benefits and Premiums to Conform to
 
 8                Repeal of Medicare Catastrophic Coverage Act; and
 
 9           (H)  Title 16, chapter 173, Hawaii Property Insurance
 
10                Association.
 
11     (11)  DEPARTMENT OF TRANSPORTATION:
 
12           (A)  Title 19, chapter 5, Service Charge for Dishonored
 
13                Negotiable Instruments at the Department of
 
14                Transportation; and
 
15           (B)  Title 19, chapter 28, Aircraft Noise Control.
 
16      SECTION 3.  Notwithstanding section 91-3, Hawaii Revised
 
17 Statutes, or any other law to the contrary, no agency affected by
 
18 any section, chapter, or subchapter of the Hawaii Administrative
 
19 Rules that has been repealed by this Act shall be required to
 
20 give advanced public notice, provide a public hearing, distribute
 
21 copies of repealed rules, or take any other action required by
 
22 chapter 91, Hawaii Revised Statutes with respect to those
 
23 administrative rules that have been repealed by this Act.
 

 
Page 7                                                     2581
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 4.  All contracts entered into pursuant to
 
 2 administrative rules that have been repealed by this Act shall
 
 3 continue to be honored until their termination.  The provisions
 
 4 of this Act shall not be applied so as to impair any contract
 
 5 existing as of the effective date of this Act or to otherwise
 
 6 violate either the Hawaii State Constitution or Article I,
 
 7 section 10, of the United States Constitution.
 
 8      SECTION 5.  This Act shall take effect upon its approval.