REPORT TITLE:
Repeal of Null & Void Rules


DESCRIPTION:
Repeals administrative rules that are null and void to reduce
regulatory burdens.

 
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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 NULL AND VOID 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 null and void
 
12 rules, and reviewing and overhauling the rulemaking process.
 
13      The legislature finds that a number of rules that are null
 
14 and void should be repealed to reduce the regulatory burden on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
 
20 proposed rules to be adopted, amended, or repealed.  The
 

 
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 1 legislature finds that with respect to the repeal of rules that
 
 2 are null and void, compliance with this time-consuming and
 
 3 cumbersome process unnecessarily prolongs the inevitable repeal
 
 4 of those rules.
 
 5      The purpose of this Act is to implement one of the
 
 6 lieutenant governor's initiatives to reduce the number of
 
 7 administrative rules through the outright repeal of one or more
 
 8 specific sections, chapters, or subchapters of the Hawaii
 
 9 Administrative Rules.  This Act further specifies that in order
 
10 to expedite the streamlining of Hawaii state government and
 
11 increasing government efficiency, agencies whose rules have been
 
12 repealed by this Act need not comply with the requirements for
 
13 the repeal of rules under the Administrative Procedure Act with
 
14 respect to these rules.
 
15      SECTION 2.  Notwithstanding any law to the contrary, the
 
16 following administrative rules of the Hawaii Administrative Rules
 
17 that are null and void are hereby repealed:
 
18 (1)  OFFICE OF THE LIEUTENANT GOVERNOR Administration:
 
19    (A)  Title 2, chapter 29, Hawaii Criminal Justice Commission
 
20                  Administrative Practice and Procedure.
 
21 (2)  DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
 
22    (A)  Title 3, chapter 56, Rules Providing Value Engineering
 
23                  Incentives in Public Works Contracts.
 

 
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 1 (3)  DEPARTMENT OF AGRICULTURE:
 
 2    (A)  Title 4, chapter 6, Orchards Development Program;
 
 3    (B)  Title 4, chapter 7, Hawaii Agricultural Products Program;
 
 4    (C)  Title 4, chapter 10, The Independent Sugar Grower Loan
 
 5                  Program; and
 
 6    (D)  Title 4, chapter 47, Agricultural Marketing Orders and
 
 7                  Agreements.
 
 8 (4)  DEPARTMENT OF BUDGET AND FINANCE:
 
 9    (A)  Title 6, chapter 15, Grants, Subsidies, and Purchases of
 
10                  Service.
 
11 (5)  DEPARTMENT OF HEALTH:
 
12    (A)  Title 11, chapter 141, Midwives.
 
13 (6)  DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS:
 
14    (A)  Title 12, chapter 9, Work Incentive Program for AFDC
 
15                   Recipients;
 
16    (B)  Title 12, chapter 23, Relating to Discriminatory
 
17                   Practices;
 
18    (C)  Title 12, chapter 34, State Program for the Unemployed;
 
19                   and
 
20    (D)  Title 12, chapter 35, Displaced Homemaker Program.
 
21 (7)  DEPARTMENT OF LAND AND NATURAL RESOURCES:
 
22    (A)  Title 13, chapter 59, Kawaaloa-Moomomi Bays Subsistence
 
23                   Fishing Pilot Demonstration Project, Molokai.
 

 
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 1 (8)  DEPARTMENT OF BUSINESS AND ECONOMIC DEVELOPMENT AND TOURISM:
 
 2    (A)  Title 15, chapter 3, Fishing Vessel Loan Programs;
 
 3    (B)  Title 15, chapter 7, Molokai Loan Program;
 
 4    (C)  Title 15, chapter 13, The Hawaii State Plan Policy
 
 5                   Council; and
 
 6    (D)  Title 15, chapter 14, Commission on Population and the
 
 7                   Hawaiian Future Rules of Practice and
 
 8                   Procedure.
 
 9 (9)  DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS:
 
10    (A)  Title 16, chapter 8, Patient's Compensation Fund;
 
11    (B)  Title 16, chapter 29, Branch Bank of University of Hawaii
 
12                   Manoa Campus;
 
13    (C)  Title 16, chapter 109, Factory-Built Housing;
 
14    (D)  Title 16, chapter 111, Real Estate Collection Servicing
 
15                   Agents; and
 
16    (E)  Title 16, chapter 316, Hawaiian Home Lands Trust
 
17                   Individual Claims Review Panel Administrative
 
18                   Practice and Procedure.
 
19 (10) DEPARTMENT OF TAXATION:
 
20    (A)  Title 18, chapter 234, Natural Disaster Claims
 
21                   Commissions.
 
22      SECTION 3.  Notwithstanding section 91-3, Hawaii Revised
 
23 Statutes, or any other law to the contrary, no agency affected by
 

 
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 1 any section, chapter, or subchapter of the Hawaii Administrative
 
 2 Rules that has been repealed by this Act shall be required to
 
 3 give advanced public notice, provide a public hearing, distribute
 
 4 copies of repealed rules, or take any other action required by
 
 5 chapter 91, Hawaii Revised Statutes, with respect to those
 
 6 administrative rules that have been repealed by this Act.
 
 7      SECTION 4.  All contracts entered into pursuant to
 
 8 administrative rules that have been repealed by this Act shall
 
 9 continue to be honored until their termination.  The provisions
 
10 of this Act shall not be applied so as to impair any contract
 
11 existing as of the effective date of this Act or to otherwise be
 
12 deemed to violate either the Hawaii State Constitution or article
 
13 I, section 10, of the United States Constitution.
 
14      SECTION 5.  This Act shall take effect upon its approval. 
 
15 
 
16                       INTRODUCED BY:  ___________________________
 

 
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