STAND. COM. REP. 412

Honolulu, Hawaii

, 2003

RE: H.B. No. 285

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Economic Development and Business Concerns, to which was referred H.B. No. 285 entitled:

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

begs leave to report as follows:

The purpose of this bill is to improve efficiency in government operations by:

(1) Ensuring that whenever an administrative rule is adopted, amended, or repealed, that the rule conforms to the related statute;

(2) Giving the head of the agency affected by these administrative rules more accountability for compliance and conformity to the statutes;

(3) Providing for the automatic repeal of administrative rules along with their authorizing statute or ordinance; and

(4) Requiring the Small Business Regulatory Review Board (Review Board) to conduct an analysis of regulatory programs to determine whether any program should be repealed or continued.

 

The Land Use Research Foundation and Chamber of Commerce of Hawaii supported this measure. The Department of Business, Economic Development, and Tourism and a member of the Review Board offered comments.

Your Committee finds that this measure provides balance, efficiency, and flexibility within the regulatory system. Streamlining the administrative rule process in the manner set forth in this bill should serve as a catalyst in boosting Hawaii's economic recovery.

Your Committee has amended this bill by:

(1) Requiring the Review Board to expand the scope of its annual evaluation reports pursuant to section 201M-7, Hawaii Revised Statutes;

(2) Correcting a clerical error to ensure that the bill has retroactive application; and

(3) Making other technical, nonsubstantive amendments for purposes of style and clarity.

As affirmed by the record of votes of the members of your Committee on Economic Development and Business Concerns that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 285, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 285, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Economic Development and Business Concerns,

 

____________________________

BRIAN SCHATZ, Chair