Bill Text: HI HB1340 | 2011 | Regular Session | Introduced

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Bill Title: Administrative Procedure; Repeal; Pilot Program

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2011-02-07 - (H) The committee(s) recommends that the measure be deferred. [HB1340 Detail]

Download: Hawaii-2011-HB1340-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1340
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO ADMINISTRATIVE PROCEDURES.

 

 

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

 

     SECTION 1.  The legislature finds that many of Hawaii's administrative rules are obsolete, cumbersome, unnecessary, or overly restrictive.  Currently, state departments and agencies have no mandate to review existing rules with the intent to streamline, amend, or discard rules that are no longer needed.

     The large volume of rules, which have outlived their usefulness, adversely affects the ability of government and businesses to operate efficiently.  Further, public access to administrative rules is hindered by this condition, and the ability of the public to provide input into government programs is also reduced.

     The legislature acknowledges that a Herculean effort is required to sort through existing administrative rules to determine which ones should be retained and which ones should be eliminated.  The legislature further finds that each state agency should actively participate in this process, beginning with the department of commerce and consumer affairs.

     The purpose of this Act is to establish an administrative rules review pilot program that requires the department of commerce and consumer affairs to examine its existing administrative rules and begin the process of repealing obsolete, cumbersome, unnecessary, or overly restrictive rules.

     SECTION 2.  (a)  Administrative rules review pilot program; established.  There is established the administrative rules review pilot program to be placed in the department of commerce and consumer affairs for administrative purposes.  As part of that administrative rules review pilot program, the department of commerce and consumer affairs shall:

     (1)  Review all of its rules to determine which rules should be repealed, amended, or replaced because they are obsolete, cumbersome, unnecessary, or overly restrictive; and

     (2)  Consider the feasibility of repealing any rule older than three years old; provided that the continuation of a rule may be allowed upon justification by the agency.

     (b)  Reports.  The department of commerce and consumer affairs shall submit a preliminary report on the progress of the administrative rules review pilot program to the legislature no later than twenty days prior to the convening of the regular session of 2012.  The preliminary report shall include an outline of the method used by the department to review its rules.  The department of commerce and consumer affairs shall submit a final report of its findings and recommendations to the legislature no later than twenty days prior to the convening of the regular session of 2014.  The final report shall include:

     (1)  A master list of all rules reviewed by the department of commerce and consumer affairs;

     (2)  The total number of rules that should remain intact, be amended, and be repealed;

     (3)  A list, including the rule number and corresponding title, designating which rules should remain intact, be amended, and be repealed;

     (4)  Recommendations that can be used by other departments for the efficient review of their existing rules;

     (5)  Recommendations to ensure the timely review of all new rules;

     (6)  Any other pertinent information about the process used by the department of commerce and consumer affairs in undertaking the administrative rules review pilot program; and

     (7)  Proposed legislation, if necessary, to facilitate efforts to improve administrative procedure under chapter 91, Hawaii Revised Statutes.

     SECTION 3.  This Act shall take effect upon its approval and shall be repealed on June 30, 2014.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Administrative Procedure; Repeal; Pilot Program

 

Description:

Establishes an administrative rules review pilot program that requires the department of commerce and consumer affairs to examine its rules, and to identify and repeal obsolete, cumbersome, unnecessary, or overly restrictive rules.

 

 

 

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