Bill Text: HI SB2816 | 2024 | Regular Session | Amended
Bill Title: Relating To The Office Of The Lieutenant Governor.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced) 2024-02-16 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM/JDC. [SB2816 Detail]
Download: Hawaii-2024-SB2816-Amended.html
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THE SENATE |
S.B. NO. |
2816 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE OFFICE OF THE LIEUTENANT GOVERNOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"CHAPTER
APOSTILLES AND CERTIFICATIONS
§ -1 Definitions. As used in this chapter, unless the context otherwise requires:
"Apostille" means a certification issued to authenticate documents pursuant to the Hague Treaty.
"Hague Treaty" refers to the convention, adopted in the Hague in 1961, that created a simplified form of document certification for countries that joined the convention.
"Non-apostille certification" means a certification issued by the lieutenant governor to authenticate a document for a country that does not recognize the Hague Treaty.
§ -2 Fee. (a) The office of the lieutenant governor shall charge and collect a fee for each apostille or non-apostille certification issued. The office of the lieutenant governor shall establish fees pursuant to section -4.
(b) Moneys collected for the issuance of apostilles or non-apostille certifications shall be deposited into the apostilles and certifications special fund established pursuant to section -3.
§ -3 Apostilles and certifications special fund; established. (a) There is established in the state treasury the apostilles and certifications special fund, which shall be administered by the office of the lieutenant governor.
(b) The following shall be deposited into the special fund:
(1) All fees collected pursuant to section ‑2;
(2) Any interest earned or accrued on moneys in the special fund; and
(3) Moneys appropriated by the legislature.
(c) The office of the lieutenant governor may expend moneys in the apostilles and certifications special fund for operational and administrative expenses of the apostille and certification of document services, including but not limited to modernization, postage, and supplies.
§ -4 Rules. The office of the lieutenant governor shall adopt rules pursuant to chapter 91 to implement this chapter, including setting a fee for the issuance of an apostille or a non-apostille certification."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $12,000 or so much thereof as may be necessary for fiscal year 2024-2025 to be deposited into the apostilles and certifications special fund.
SECTION 3. There is appropriated out of the apostilles and certifications special fund the sum of $12,000 or so much thereof as may be necessary for fiscal year 2024-2025 for operational and administrative expenses of the apostille and certification of document services.
The sum appropriated shall be expended by the office of the lieutenant governor for the purposes of this Act.
PART II
SECTION 4. Section 91-2.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
Beginning January 1, 2000, all state agencies, through the office of the
lieutenant governor, shall make available on the website of the office of the
lieutenant governor each proposed rulemaking action of the agency and the full
text of the agency's proposed rules or changes to existing rules[.] in
Ramseyer format, showing the proposed language for repeal by brackets and
strike-through and the proposed new material by underscoring, including
citation to any existing rule or part thereof affected by the proposed repeal
or new material, and using parallel columns or other appropriate stylistic
devices to aid the reader. The full text
of the agency's proposed rules shall be in a digitally accessible and
searchable format. The internet
website shall provide instructions regarding how to download the information
regarding proposed rulemaking actions and the full text of the agency's
proposed rules."
SECTION 5. Section 91-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as otherwise provided in this section, 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[,] and
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 and electronically provided to all persons who have made a timely written request of, and provided a valid working email address to, 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 an
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."
SECTION 6. Section 91-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Each agency adopting, amending, or repealing a rule, upon approval thereof by the governor or the mayor of the county, shall file forthwith certified copies thereof with the lieutenant governor in the case of the State, or with the clerk of the county in the case of a county. In addition, the clerks of all of the counties shall file forthwith certified copies thereof with the lieutenant governor. A permanent register of the rules, open to public inspection, shall be kept by the lieutenant governor and the clerks of the counties. All state agencies, through the office of the lieutenant governor, shall make available on the website of the office of the lieutenant governor, the rule being adopted, amended, or repealed, showing in Ramseyer format the proposed language for repeal by brackets and strike-through and the proposed new material by underscoring, including citation to any existing rule or part thereof affected by the proposed repeal or new material, and using parallel columns or other appropriate stylistic devices to aid the reader. The full text of the agency's proposed rules shall be in a digitally accessible and searchable format."
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the project for centralization of the full text of the Hawaii Administrative Rules for public access on the lieutenant governor's website, to be allocated as follows:
(1) $ for the establishment of two full-time equivalent (2.0 FTE) positions within the office of the lieutenant governor for implementation and maintenance of the project; and
(2) $ for the construction and maintenance of new website components necessary for the project.
The sum appropriated shall be expended by the office of the lieutenant governor for the purposes of this part.
PART III
SECTION 8. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriations made in this Act is necessary to serve the public interest; and
(2) The appropriations made in this Act meets the needs addressed by this Act.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2112.
Report Title:
Office of the Lieutenant Governor; Apostilles; Certifications; Fees; Special Fund; Administrative Rules; Public Information; Electronic Notice; Accessibility; Positions; Expenditure Ceiling; Appropriations
Description:
Part I: Requires the Office of the Lieutenant Governor to set a fee for the issuance of an apostille or a non-apostille certification by administrative rule. Establishes the Apostilles and Certifications Special Fund. Appropriates funds into and out of the Apostilles and Certifications Special Fund. Authorizes the Office of the Lieutenant Governor to adopt rules for the administration of apostilles and non-apostilles certifications. Part II: Requires all state agencies to: (1) before adopting, amending, or repealing an administrative rule, provide electronic notice of the proposed rulemaking to certain persons; (2) when adopting, amending, or repealing an administrative rule, display changes to the rules in Ramseyer format; and (3) make the full text of their rules available on the Office of the Lieutenant Governor's internet website in a digitally accessible and searchable format. Establishes positions. Declares that the general fund expenditure ceiling is exceeded. Makes appropriations. Takes effect 7/1/2112. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
