REPORT TITLE:
Repeal Unnecessary Admin Rules


DESCRIPTION:
Repeal administrative rules that are unnecessary or obsolete.

 
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THE SENATE                              S.B. NO.           
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14 unnecessary should be repealed to reduce the regulatory burden on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
 

 
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 1 proposed rules to be adopted, amended, or repealed.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 increasing 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 that are UNNECESSARY are
 
18 hereby repealed:
 
19 (1)  OFFICE OF THE GOVERNOR:
 
20    (A)  Title 1, chapter 3, Long-Term Care Service Development
 
21                  Fund, and
 
22    (B)  Title 1, chapter 4, Renovation and Conversion of Existing
 
23                  Facilities for Long-Term Care Programs.
 

 
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 1 (2)  OFFICE OF THE LIEUTENANT GOVERNOR - Office of Elections:
 
 2    (A)  Title 2, chapter 38, Adoption, Amendment, or Repeal of
 
 3                  Rules by Chief Election Officer.
 
 4 (3)  DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
 
 5    (A)  Title 3, chapter 11, Rules and Regulations for the
 
 6                  Administration and Accountability of Petty Cash
 
 7                  Funds; and
 
 8    (B)  Title 3, chapter 12, Rules Governing the Reporting of
 
 9                  Funds Not Deposited in the State Treasury.
 
10 (4)  DEPARTMENT OF AGRICULTURE:
 
11    (A)  Title 4, chapter 3, Rules and Regulations Governing the
 
12                  Kauai Planning and Development Program;
 
13    (B)  Title 4, chapter 25, Meat Inspection; and
 
14    (C)  Title 4, chapter 26, Poultry Inspection.
 
15 (5)  DEPARTMENT OF BUDGET AND FINANCE:
 
16    (A)  Title 6, chapter 11, Veterans Loan Program;
 
17    (B)  Title 6, chapter 100, General Provisions - Hawaii
 
18                  Information Network Corporation;
 
19    (C)  Title 6, chapter 101, Marketing and Promotion Activities;
 
20    (D)  Title 6, chapter 102, Hawaii INC Service Bureau; and
 
21    (E)  Title 6, chapter 103, Hawaii FYI Electronic Services
 
22                  Gateway.
 
23 (6)  DEPARTMENT OF HAWAIIAN HOME LANDS:
 

 
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 1    (A)  Title 10, chapter 100, Leases to Hawaiians.
 
 2 (7)  DEPARTMENT OF HEALTH:
 
 3    (A)  Title 11, chapter 3, Physical Therapists;
 
 4    (B)  Title 11, chapter 6, State Health Insurance Program;
 
 5    (C)  Title 11, chapter 14, Housing;
 
 6    (D)  Title 11, chapter 16, Recreational Trailer Camp;
 
 7    (E)  Title 11, chapter 30, Frozen Deserts;
 
 8    (F)  Title 11, chapter 34, Poisons;
 
 9    (G)  Title 11, chapter 42, Vehicular Noise Control for Oahu;
 
10                   and
 
11    (H)  Title 11, chapter 158, Venereal Disease.
 
12 (8)  DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS:
 
13    (A)  Title 12, chapter 1, Office of the Director, with the
 
14                exception of Subchapter 1, Administrative
 
15                Procedures, Section 5, Petition for declaratory
 
16                ruling;and
 
17    (B)  Title 12, chapter 507, Aloha State Specialized Employment
 
18                   and Training Program.
 
19 (9)  DEPARTMENT OF LAND AND NATURAL RESOURCES:
 
20    (A)  Title 13, chapter 2, Conservation Districts;
 
21    (B)  Title 13, chapter 4, Waimanu Estuarine Sanctuary;
 
22    (C)  Title 13, chapter 6, Conservation District;
 
23    (D)  Title 13, chapter 233, Motor Vehicle and Parking Rules,
 

 
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 1                including only the following sections:
 
 2       (i)     section 11, Vehicles or Equipment, Size, Weight and
 
 3                           Loan;
 
 4       (ii)    section 12, Restrictions as to Tire Equipment;
 
 5       (iii)   section 21, Designation of Parking Meter Stalls;
 
 6       (iv)    section 22, Placement and Design of Parking Meters;
 
 7       (v)     section 23, Method of Parking;
 
 8       (vi)    section 25, Operation of Parking Meters; and
 
 9       (vii)   section 41, Designation of Parking Stalls.
 
10 (10) DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS:
 
11    (A)  Title 16, chapter 2, Hawaii Temporary Disability
 
12                   Insurance Risk Spreading Plan;
 
13    (B)  Title 16, chapter 4, Hawaii Insurance Guaranty
 
14                   Association Plan of Operation;
 
15    (C)  Title 16, chapter 9, Licensing Examination Fees;
 
16    (D)  Title 16, chapter 10, Unfair Discrimination Solely on the
 
17                   Basis of Blindness or Partial Blindness;
 
18    (E)  Title 16, chapter 11, Multiple Peril Policy Rate Sheet;
 
19    (F)  Title 16, chapter 12A, Medicare Supplement Policies;
 
20    (G)  Title 16, chapter 12B, Transitional Requirements for the
 
21                   Conversion of Medicare Supplement Insurance
 
22                   Benefits and Premiums to Conform to repeal of
 
23                   Medicare Catastrophic Coverage Act; and
 

 
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 1    (H)  Title 16, chapter 173, Hawaii Property Insurance
 
 2                   Association.
 
 3 (11) DEPARTMENT OF TRANSPORTATION:
 
 4    (A)  Title 19, chapter 5, Service Charge for Dishonored
 
 5                   Negotiable Instruments at the Department of
 
 6                   Transportation; and
 
 7    (B)  Title 19, chapter 28, Aircraft Noise Control.
 
 8      SECTION 3.  Notwithstanding section 91-3, Hawaii Revised
 
 9 Statutes, or any other law to the contrary, no agency affected by
 
10 any section, chapter, or subchapter of the Hawaii Administrative
 
11 Rules that has been repealed by this Act shall be required to
 
12 give advanced public notice, provide a public hearing, distribute
 
13 copies of repealed rules, or take any other action required by
 
14 chapter 91, Hawaii Revised Statutes with respect to those
 
15 administrative rules that have been repealed by this Act.
 
16      SECTION 4.  All contracts entered into pursuant to
 
17 administrative rules that have been repealed by this Act shall
 
18 continue to be honored until their termination.  The provisions
 
19 of this Act shall not be applied so as to impair any contract
 
20 existing as of the effective date of this Act or to otherwise be
 
21 deemed to violate either the Hawaii State Constitution or Article
 
22 I, section 10, of the United States Constitution.
 
23      SECTION 5.  This Act shall take effect upon its approval. 
 

 
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 1 
 
 2                       INTRODUCED BY:  ___________________________
 

 
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