STAND. COM. REP. NO. 3021

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2582
                                        H.D. 1
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Government Operations and Housing, to
which was referred H.B. No. 2582, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO ADMINISTRATIVE RULES,"

begs leave to report as follows:

     The purpose of this measure is to improve governmental
efficiency and to reduce the costs of government by expediting
the procedures required to repeal obsolete or unauthorized
administrative rules.

     Current procedures for the repeal of administrative rules,
whether effective or not, include requiring advance notice,
providing a public hearing, and distributing copies of proposed
rules to be adopted, amended, or repealed.

     This measure provides an expedited repeal process stating
that for agency rules which have become either obsolete or
unauthorized, the agency need only:

     (1)  Give thirty days public notice at least once statewide
          of the proposed date of repeal and of:

          (A)  A list of the sections, chapters, or subchapters
               being repealed; and


 
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          (B)  A statement of where, and during what times the
               rules for which the repeal is proposed may be
               reviewed in person; and

     (2)  Post the full text of the proposed sections, chapters,
          or subchapters to be repealed on the Internet.

     Testimony in support of this measure was received from the
Office of the Lieutenant Governor, Department of Accounting and
General Services, Department of Business, Economic Development,
and Tourism, Small Business Regulatory Review Board, Government
Efficiency Teams, Inc., Building Industry Association of Hawaii,
Hawaii Business Roundtable, Land Use Research Foundation of
Hawaii, Common Cause Hawaii, Small-Business Economic Revival
Force, and Isemoto Contracting Co. Ltd.  Hawaii's Thousand
Friends submitted testimony in opposition.

     Your Committee finds that this measure will help to
eliminate the potential confusion caused by keeping null and void
and unnecessary rules on the books.  Your Committee is in full
support of this effort and has amended this measure to:

     (1)  Change thirty days to an unspecified number for the
          statewide public notice requirement;

     (2)  Require a public hearing on any obsolete or
          unauthorized rule to be repealed only if there is a
          protest; and 

     (3)  Incorporate the repeal of specific rules contained in
          H.B. No. 2581, H.D. 1, that are unnecessary and
          contained in H.B. No. 2587, H.D. 1, that are null and
          void.

     As affirmed by the record of votes of the members of your
Committee on Government Operations and Housing that is attached
to this report, your Committee is in accord with the intent and
purpose of H.B. No. 2582, H.D. 1, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as H.B. No. 2582, H.D. 1, S.D. 1, and be referred to the
Committee on Judiciary.


 
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Government
                                   Operations and Housing,



                                   ______________________________
                                   ROD TAM, Chair

 
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