THE SENATE

S.B. NO.

306

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC INFORMATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 91-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  In addition to other rulemaking requirements imposed by law, each agency shall:

     (1)  Adopt as a rule a description of the methods whereby the public may obtain information or make submittals or requests[.];

     (2)  Adopt rules of practice, setting forth the nature and requirements of all formal and informal procedures available, and including a description of all forms and instructions used by the agency[.];

     (3)  Make available for public inspection all rules and written statements of policy or interpretation formulated, adopted, or used by the agency in the discharge of its functions[.]; provided that the full text of all the rules and written statements shall, at a minimum, be made available on the office of the lieutenant governor's internet website in a digitally accessible and searchable format; and

     (4)  Make available for public inspection all final opinions and orders."

     SECTION 2.  Section 91-2.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Beginning January 1, 2000, all state agencies, through the office of the lieutenant governor, shall make available on the website of the office of the lieutenant governor each proposed rulemaking action of the agency and the full text of the agency's proposed rules or changes to existing rules.  The full text of the agency's proposed rules shall be in a digitally accessible and searchable format.  The internet website shall provide instructions regarding how to download the information regarding proposed rulemaking actions and the full text of the agency's proposed rules."

     SECTION 3.  Section 91-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Each agency adopting, amending, or repealing a rule, upon approval thereof by the governor or the mayor of the county, shall file forthwith certified copies thereof with the lieutenant governor in the case of the State, or with the clerk of the county in the case of a county.  In addition, the clerks of all of the counties shall file forthwith certified copies thereof with the lieutenant governor.  A permanent register of the rules, open to public inspection, shall be kept by the lieutenant governor and the clerks of the counties.  All state agencies, through the office of the lieutenant governor, shall make available on the website of the office of the lieutenant governor the full text of the rules of the agency in a digitally accessible and searchable format."

     SECTION 4.  The office of the lieutenant governor shall submit a report on implementation of this Act and long-range plans for expansion and cross-referencing of the centralization of the full text of the Hawaii Administrative Rules on its website, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2024.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the establishment of two full-time equivalent (2.0 FTE) positions within the office of the lieutenant governor for implementation and maintenance of the project for centralization of the full text of the Hawaii Administrative Rules for public access on the lieutenant governor's website.

     The sums appropriated shall be expended by the office of the lieutenant governor for the purposes of this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2112.

 

 

Report Title:

Administrative Rules; Office of the Lieutenant Governor; Public Information; Online; Digital Accessibility; Searchability; Formatting; Appropriation

 

Description:

Requires all state agencies adopting, amending, or repealing a rule to make the full text of the rules of the agency available on the Office of the Lieutenant Governor's internet website in a digitally accessible and searchable format.  Requires a report to the Legislature.  Appropriates funds.  Effective 7/1/2112.  (SD1)

 

 

 

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