Bill Text: HI SB235 | 2016 | Regular Session | Amended
Bill Title: Administrative Procedure; Administrative Rules; Public Hearings
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB235 Detail]
Download: Hawaii-2016-SB235-Amended.html
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THE SENATE |
S.B. NO. |
235 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC HEARINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that state agencies are required to hold public hearings prior to the adoption, amendment, or repeal of Hawaii administrative rules. However, the Hawaii Revised Statutes do not require state agencies to hold public hearings in each county or on each island potentially affected by the adoption, amendment, or repeal of administrative rules.
The legislature further finds that there needs to be genuine public participation by residents and communities primarily impacted by proposed changes to the Hawaii administrative rules, including affording residents and communities of the neighbor islands ample opportunity to engage and participate in-person at public hearings. Furthermore, a meaningful opportunity for residents on each island to engage in discussion with state agencies is essential when proposed rules have a significant monetary impact on residents or communities of that island.
Accordingly, the purpose of this Act is to require:
(1) State agencies to hold public hearings in the county or counties that are primarily impacted by the proposed adoption, amendment, or repeal of any administrative rule; and
(2) At least one public hearing with thirty days' notice on each island with residents or communities on which the proposed rule will likely have a significant monetary impact.
SECTION 2. Section 91-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in subsection (f), prior to the adoption of any rule authorized by law, or the amendment or repeal thereof, the adopting agency shall:
(1) Give at least thirty days' notice for a public hearing. The notice shall include:
(A) A statement of the topic of the proposed rule adoption, amendment, or repeal or a general description of the subjects involved; and
(B) A statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy, pays the required fees for the copy and the postage, if any, together with a description of where and how the requests may be made;
(C) A statement of when, where, and during what times the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed may be reviewed in person; and
(D) The date, time, and place where the public hearing will be held and where interested persons may be heard on the proposed rule adoption, amendment, or repeal.
The notice shall be mailed to all persons who
have made a timely written request of the agency for advance notice of its
rulemaking proceedings, given at least once statewide for state agencies and in
the county for county agencies. Proposed state agency rules shall also be
posted on the Internet as provided in section 91-2.6; [and]
(2) Afford all interested persons opportunity to
submit data, views, or arguments, orally or in writing. The agency shall fully
consider all written and oral submissions respecting the proposed rule. The
agency may make its decision at the public hearing or announce then the date
when it intends to make its decision. Upon adoption, amendment, or repeal of a
rule, the agency, if requested to do so by an interested person, shall issue a
concise statement of the principal reasons for and against its determination[.];
and
(3) Hold public hearings in the county, or counties, primarily impacted by the proposed rule; provided that if the proposed rule is likely to have a significant monetary impact on residents or communities of a particular island, at least one public hearing shall be conducted with thirty days' notice on that island. A public hearing may be supplemented by means of the Internet, teleconference, videoconference, or other electronic communication technology; provided that if electronic communications between locations are interrupted or terminated, the in-person public hearing may continue and the interruption or failure of electronic communications shall not be a basis for challenging the rulemaking process."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Administrative Procedure; Administrative Rules; Public Hearings
Description:
Requires state agencies to hold public hearings in the county, or counties, primarily impacted by the proposed adoption, amendment, or repeal of any administrative rule. Requires at least one public hearing with thirty days' notice on each island with residents or communities on which a proposed rule will likely have a significant monetary impact. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
