STAND

STAND. COM. REP. NO. 224

Honolulu, Hawaii

, 2005

RE: H.B. No. 1279

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Economic Development & Business Concerns, to which was referred H.B. No. 1279 entitled:

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

begs leave to report as follows:

The purpose of this bill is to:

(1) Require that administrative rules conform to the enabling statutes;

(2) Allow the Legislature to hear petitions requesting rulemaking actions;

(3) Establish the automatic repeal of administrative rules 180 days after repeal of their enabling statutes; and

(4) Expand the scope of the Small Business Regulatory Review Board's biennial evaluation reports.

The Department of Accounting and General Services testified in support of the bill's intent. The Department of Business, Economic Development, and Tourism testified in support of the bill's intent in part but did not support the bill as a whole. The Department of Human Resources for the City and County of Honolulu, and Office of the Governor opposed the bill.

Your Committee finds that this bill provides for a unified rule structure that eliminates confusion and complications arising from conflicting administrative rules and statutes.

As affirmed by the record of votes of the members of your Committee on Economic Development & Business Concerns that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1279 and recommends that it pass Second Reading and be referred to the Committees on Judiciary and Consumer Protection & Commerce.

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

		____________________________ ROBERT N. HERKES, Chair