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THE SENATE |
S.B. NO. |
2372 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SUNRISE REVIEWS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 26H-6, Hawaii Revised Statutes, is amended to read as follows:
"§26H‑6 New regulatory measures. (a) New regulatory measures being considered for enactment that, if enacted, would subject unregulated professions and vocations to licensing or other regulatory controls shall be referred to the auditor for analysis. Referral shall be by concurrent resolution that identifies a specific legislative bill to be analyzed. The analysis required by this section shall set forth the probable effects of the proposed regulatory measure and assess whether its enactment is consistent with the policies set forth in section 26H-2. The analysis also shall assess alternative forms of regulation. The auditor shall submit each report of analysis to the legislature.
(b) The analysis required by this section shall be used for advisory or informational purposes only and the legislature shall not be bound by the auditor's findings. The requirements of this section shall in no way waive or dilute the legislative and policy-making power vested in the legislature by article III of the Hawaii state constitution.
(c) The legislature may waive the requirements of subsection (a) if the legislature finds that:
(1) The auditor has been unable or unwilling to conduct a previously requested review of the proposed regulatory measure;
(2) Immediate implementation of a proposed regulatory measure is necessary to serve the interest of public health, safety, or welfare; or
(3) An auditor's analysis is unnecessary because the legislature possesses sufficient information to assess the probable effects of a proposed regulatory measure and to determine whether its enactment is consistent with the policies set forth in section 26H-2."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2010.
Report Title:
Sunrise Review; Auditor
Description:
Clarifies that the statutorily required auditor's review of new regulatory measures does not interfere with the legislature's constitutional legislative function and may be waived under specified circumstances. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.