REPORT TITLE: 
Administrative Rules; Repeal 

DESCRIPTION:
Provides that any administrative rule that has been adopted
pursuant to statute or ordinance that has been subsequently
repealed shall be repealed automatically upon the effective date
of this Act without regard to chapter 91, HRS.  Exempts the
rules of agencies or departments transferred to another agency
or department, from automatic repeal.  (HB1864 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1864
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO ADMINISTRATIVE PROCEDURE.



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-     Repeal of administrative rules based on statutes
 
 5 or ordinances that have been subsequently repealed.  (a) Any
 
 6 administrative rule that has been adopted pursuant to a statute
 
 7 or ordinance that has been subsequently repealed prior to the
 
 8 effective date of this section shall be repealed automatically
 
 9 without regard to the requirements of this chapter.
 
10      (b)  Upon the repeal of a statute or ordinance, any
 
11 administrative rule that has been adopted pursuant to the
 
12 repealed statute or ordinance shall be repealed automatically
 
13 without regard to the requirements of this chapter.
 
14      (c)  This section shall not apply to an administrative rule
 
15 adopted pursuant to a subsequently repealed statute or ordinance,
 
16 that is readopted by operation of law as a part of a transfer of
 
17 functions from one department or agency to another department or
 
18 agency."
 
19      SECTION 2.  New statutory material is underscored.
 
20      SECTION 3.  This Act shall take effect upon its approval.