Bill Text: HI HB1932 | 2018 | Regular Session | Amended
Bill Title: Relating To Emergency Rules By Agencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-06-29 - Act 056, 06/27/2018 (Gov. Msg. No. 1157). [HB1932 Detail]
Download: Hawaii-2018-HB1932-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1932 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EMERGENCY RULES BY AGENCIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Periodically, changes to controlling law may require immediate alterations to long-standing statutes, regulations, or agency practices. The issuance of federal decisions may affect any regulated area, at any time, including when the legislature is not in session, and require both specialized skill in interpretation of Hawaii law, and rapidity of response on an emergency basis to prevent impairment of important rights.
The purpose of this Act is to allow agencies to adopt emergency rules for immediate adaptation of Hawaii law to federal law, or other overarching Hawaii law, while preserving unmodified values and goals of Hawaii law. The language is intended to be broad enough to allow agencies to react rapidly to any federal or Hawaii case or statute affecting any aspect of the agency's jurisdiction or administered statutes. The enactment of emergency regulations may stabilize the situation sufficiently for the agency or the legislature to pursue more enduring solutions with appropriate deliberation.
SECTION 2. Section 91-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Notwithstanding the foregoing, if an agency
finds that an imminent peril to the public health, safety, or morals, to
livestock and poultry health, or to natural resources requires adoption,
amendment, or repeal of a rule upon less than thirty days' notice of hearing,
and states in writing its reasons for such finding, it may proceed without
prior notice or hearing or upon such abbreviated notice and hearing, including
posting the abbreviated notice and hearing on the Internet as provided in
section 91-2.6, as it finds practicable to adopt an emergency rule to be
effective for a period of not longer than one hundred twenty days without
renewal. An agency also may, in a
similar manner, adopt emergency rules, where new federal or state legislation
or court decisions disrupt prior practice under the administered statute, and
adoption of an emergency rule is urgently needed to:
(1) Conform existing statutes and rules to new requirements;
(2) Implement
newly-established rights;
(3) Clarify
existing statutes and prevent confusion among those regulated;
(4) Stabilize the
regulated industry or endeavor;
(5) Avoid
disruption of governmental or industrial operations;
(6) Facilitate
orderly agency or legislative study of the consequences;
(7) Reinforce or
preserve the unmodified goals of the administered statute; or
(8) At least
temporarily resolve some practical problem created by the new federal or state legislation
or court decisions."
SECTION 3. Section 91-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Each rule hereafter adopted, amended, or
repealed shall become effective ten days after filing with the lieutenant governor
in the case of the State, or with the respective county clerks in the case of
the counties; provided that:
(1) If a later effective date is required by
statute or specified in the rule, the later date shall be the effective date;
provided further that no rule shall specify an effective date in excess of
thirty days after the filing of the rule as provided herein; and
(2) An emergency rule shall become effective upon
filing with the lieutenant governor in the case of the State, or with the
respective county clerks in the case of the counties, for a period of not
longer than one hundred twenty days without renewal unless extended in
compliance with section 91-3(b) if the agency finds that immediate adoption of
the rule is necessary [because of imminent peril to the public health,
safety, or morals, or to natural resources]. The agency's finding and brief statement of
the reasons therefor shall be incorporated in the rule as filed. The agency shall make an emergency rule known
to persons who will be affected by it by publication at least once in a
newspaper of general circulation in the State for state agencies and in the
county for county agencies within five days from the date of filing of the
rule."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2050.
Report Title:
Emergency Rules; Public Proceedings and Records
Description:
Authorizes
agencies to adopt specified emergency rules to lessen disruptions to prior
practices caused from changes to federal or Hawaii legislation or court
decisions. (HB1932 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
