Bill Text: HI SB2375 | 2020 | Regular Session | Amended
Bill Title: Relating To State Forms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-12 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB2375 Detail]
Download: Hawaii-2020-SB2375-Amended.html
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THE SENATE |
S.B. NO. |
2375 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO STATE FORMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that state agencies often request or require certain information from residents, community organizations, businesses, and other entities, but do not always provide proper or clear instructions regarding how to submit that information to an agency.
The legislature also finds that there is much variation in the ways that state agencies require information to be submitted. For example, some state agencies require submission of a letter or memorandum, while others require documents or lists of information. Although some state agencies provide forms to facilitate the submission, not all agencies do so. This variation leads to unnecessary confusion, stress, and delays in the lives of the people who live, work, and do business in the State.
Accordingly, the purpose of this Act is to require any state agency that requires a person to submit information, data, or other materials to the state agency to create a form, with instructions, written in plain language, to facilitate the collection of that information, data, or material.
SECTION 2. Chapter 27, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§27- State forms; requirements. (a)
Any state agency that requires a person to submit any information, data, or other
materials to the state agency shall create a form to facilitate the collection of
that information, data, or material.
(b) The
form shall:
(1) Clearly state, in
plain language, the information, data, or submission that is required; provided
that if the form directs the person to provide a list of items, the form shall include
a sample listing for reference; provided further that the sample listing may be
provided in the accompanying instructions for the form;
(2) Include clear instructions,
in plain language, regarding how to properly complete the form; provided that the
instructions are not required to be attached to the form, but shall be available
in the same manner as the form;
(3) Be posted on the
state agency's website;
(4) Be available in
physical form at the state agency's office and at any other appropriate locations;
provided that information regarding where a physical version of the form is available
shall be posted on the state agency's website; and
(5) Include contact
information, including a telephone number, that a person filling out the form may
use if the person requires additional assistance.
(c) Nothing
in this section shall be construed to:
(1) Limit any other
requirement of law, including any other requirement that a state agency is required
to follow when creating a form;
(2) Relieve any person
of any requirement to transmit any information, data, or other submission that is
required by law, ordinance, rule, order, resolution, or policy; or
(3) Create a new private
right of action.
(d) As used in this section:
"Form" means a document in physical
or electronic format used to transmit any information, data, or other submission
required by a state agency.
"Plain language" means language
that:
(1) Is written in a
clear, concise, and coherent manner;
(2) Uses words with
common meanings; and
(3) Follows other
best practices appropriate to the subject or field and intended audience.
"State agency" includes any department, office, board, division, or commission of the State, including the university of Hawaii."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect January 21, 2021.
Report Title:
State Agencies; Submission of Information; Forms Required; Plain Language
Description:
Requires any state agency that requires a person to submit information, data, or other materials to create a form, including instructions, that is written in plain language, to facilitate the collection of that information, data, or material. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
