SB2487.DOC

SECTION 1. The legislature finds that Act 168, Session Laws of Hawaii 1998, codified as chapter 201M, Hawaii Revised Statutes, established the small business regulatory flexibility act. Act 168 provided for a petition process to an agency for regulatory review, periodic administrative review of rules with small business impacts, and an independent regulatory review board, known as the small business regulatory review board, to consider concerns of small businesses and make recommendations to adopt, amend, or repeal rules.

Unfortunately, the legislature also finds that the small business regulatory review board has been going beyond the scope of its powers, as described under chapter 201M, Hawaii Revised Statutes, and is hindering the same administrative process it was originally intended to help.

The legislature further finds that the small business regulatory flexibility act and small business regulatory review board have not been functioning as envisioned. Accordingly, the purpose of this Act is to repeal chapter 201M, Hawaii Revised Statutes.

SECTION 2. Section 201N-12, Hawaii Revised Statutes, is amended to read as follows:

"[[]§201N-12[]] Rules. The coordinator may adopt interim rules to implement this chapter without regard to the notice and public hearing requirements of section 91-3 [~~or the small business impact review requirements of chapter 201M~~]; provided that any amendment of the interim rules shall be subject to [~~chapters~~] chapter 91 [~~and 201M~~]."

SECTION 3. Section 231-10.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding any other law in title 14[,] or chapter 91[~~, or chapter 201M~~] to the contrary, the department is authorized to adopt any temporary rules as the department may deem proper as provided in this section. Temporary rules may include the adoption, amendment, or repeal of any rules concerning any matters which the department is authorized to regulate."

SECTION 4. Section 302A-1162, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The department may adopt, amend, or repeal rules pursuant to chapter 91 to establish a list of specific vaccines that are available or may become available. Notwithstanding the notice, public hearing, and comment requirements of chapter 91 [~~and the provisions of chapter 201M~~], the director of health, in consultation with the state epidemiologist, may adopt, amend, or repeal as rules, the immunization recommendations of the United States Department of Health and Human Services, Advisory Committee on Immunization Practices, including interim recommendations, as they apply to the list of specific vaccines, if any, described in this subsection. The department shall make the adoption, amendment, or repeal of rules regarding United States Department of Health and Human Services, Advisory Committee on Immunization Practices immunization recommendations known to the public by:

(1) Giving public notice of the substance of the proposed rules at least once statewide; and

(2) Posting the full text of the proposed rulemaking action on the Internet as provided in section 91-2.6.

The rules, when adopted, amended, or repealed pursuant to chapter 91 as modified by this section, shall have the force and effect of law. The department may defer the effective date of adopted, amended, or repealed rules to allow sufficient time to ensure compliance with the new, amended, or repealed rules."

SECTION 5. Section 325-32, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department may adopt, amend, or repeal rules pursuant to chapter 91 to establish a list of specific vaccines that are available or may become available. Notwithstanding the notice, public hearing, and comment requirements of chapter 91 [~~and the provisions of chapter 201M~~], the director of health, in consultation with the state epidemiologist, may adopt, amend, or repeal as rules, the immunization recommendations of the United States Department of Health and Human Services, Advisory Committee on Immunization Practices, including interim recommendations, as they apply to the list of specific vaccines, if any, described in this subsection. The department shall make the adoption, amendment, or repeal of rules regarding United States Department of Health and Human Services, Advisory Committee on Immunization Practices immunization recommendations known to the public by:

(1) Giving public notice of the substance of the proposed rules at least once statewide; and

(2) Posting the full text of the proposed rulemaking action on the Internet as provided in section 91-2.6.

The rules, when adopted or amended pursuant to chapter 91 as modified by this section, shall have the force and effect of law. The department may defer the effective date of adopted, amended, or repealed rules to allow sufficient time to ensure compliance with the new, amended, or repealed rules."

SECTION 6. Section 346-181, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The department may adopt interim rules to carry out the purposes of this section without regard to chapter 91 [~~or 201M~~]; provided that:

(1) The department shall hold at least one public hearing prior to the adoption of interim rules;

(2) The interim rules shall comply with all applicable state and federal laws; and

(3) The interim rules shall be effective for no more than one year after their adoption."

SECTION 7. Chapter 201M, Hawaii Revised Statutes, is repealed.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2487
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII