THE SENATE	S.B. NO.	1498
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

 

 

RELATING TO THE SMALL BUSINESS REGULATORY REVIEW BOARD.

 

 

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

 

     SECTION 1.  The legislature is concerned that rules adopted by state agencies are often not amended or repealed to reflect recent changes in the statutes being implemented by the rules.  This leads to inconsistencies and confusion.  The legislature is particularly concerned that the failure to keep the rules up-to-date may cause state agencies, if only inadvertently, to follow and administer rules that no longer have any statutory basis.  This situation is detrimental to business generally, and small business in particular.

     The purpose of this Act is to ensure that administrative rules are reviewed and updated to remain current with related statutory provisions.

     SECTION 2.  Chapter 201M, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§201M-     Annual review of rules affected by statutory changes.  (a)  For rules that affect small business, each state agency shall submit a report to the board prior to August 15 of each year that:

     (1)  Updates the board on each rule that requires amendments and each new rule that requires adoption, due to a change in the applicable law;

     (2)  Informs the board of the need for and priority status of any rule amendments or new rule requiring adoption; and

     (3)  Informs the board of the status of each amended or new rule for which adoption is pending and the timeline for rule implementation.

     (b)  Prior to August 15 of each year, each state agency shall notify and provide an explanation to the board regarding any rules affecting small business that have not been promulgated to reflect changes in applicable law.

     (c)  The governor shall direct each state agency to work with the board to develop internal processes, such as modifications to existing directives, to expedite rulemaking actions for rules that affect small business and require amendment or adoption, due to a change in the applicable law.

     (d)  The board shall report to the legislature no later than twenty days prior to the convening of the regular sessions of 2012 and 2013, and thereafter as needed, on the implementation of the requirements of this section, and recommendations, if necessary, on proposed legislation."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2112.

Report Title:

Small Business Regulatory Review Board; Rules

 

Description:

Requires each state agency with rules affecting small businesses to submit an annual report to the Small Business Regulatory Review Board (Board) regarding the statutory changes that impact these rules, and the status of each amended or new rule for which adoption is pending.  Requires the Governor to direct state agencies to work with the Board to develop internal processes to expedite rulemaking actions due to a change in applicable law.  Effective July 1, 2112.  (SB1498 HD1)

 

 

 

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