REPORT TITLE:
Rules implementing federal law


DESCRIPTION:
Requires that rules adopted to comply with federal law shall not
impose regulatory requirements in excess of federal requirements,
except where a statement of justification is included when the
rules are submitted for approval by the governor or mayor of the
county, and a copy of the statement and the rules are
subsequently made available to the legislature.  (HB1863 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1863
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ADMINISTRATIVE RULES.



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

 1      SECTION 1.  Chapter 91, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "�91-      Rules required by federal provisions; minimum
 
 5 impact.  Whenever a state or county agency is required by federal
 
 6 provisions to adopt rules, the rules adopted shall impose the
 
 7 minimum regulatory requirements necessary to comply with the
 
 8 federal provisions; provided that rules imposing regulatory
 
 9 requirements in excess of those necessary to comply with federal
 
10 provisions may be adopted if the state or county agency:
 
11      (1)  Includes a written statement of justification for the
 
12           excess regulatory requirements when submitting the
 
13           rules to the governor or mayor of the county for
 
14           approval pursuant to section 91-3(c); and
 
15      (2)  Subsequently makes the rules and the written statement
 
16           of justification available for review by the mayor of
 
17           the county, legislature, or governor."
 
18      SECTION 2.  New statutory material is underscored.
 
19      SECTION 3.  This Act shall take effect upon its approval,
 
20 except that to the extent that this Act applies to the adoption,
 

 
Page 2                                                     1863
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 amendment, or repeal of administrative rules that occurred before
 
 2 the enactment of this Act, this Act is intended to have
 
 3 prospective effect and operation only.