Report Title:

Repeal of Null and Void and Unnecessary Administrative Rules

Description:

Repeals administrative rules that are either null and void or unnecessary. (SB2817 HD1)

THE SENATE

S.B. NO.

2817

TWENTY-FIRST LEGISLATURE, 2002

S.D. 2

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

RELATING TO THE REPEAL OF NULL AND VOID AND UNNECESSARY ADMINISTRATIVE RULES.

 

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

SECTION 1. The purpose of this Act is to reduce the number of administrative rules by repealing one or more specific sections, chapters, or subchapters of the Hawaii administrative rules. This Act further specifies that to expedite the streamlining of Hawaii state government and to increase government efficiency, agencies whose rules are repealed by this Act need not comply with the requirements for the repeal of rules under the Administrative Procedure Act with respect to these rules.

SECTION 2. Notwithstanding any law to the contrary, the following administrative rules of the Hawaii administrative rules are hereby repealed because they are already null and void:

(1) DEPARTMENT OF LAND AND NATURAL RESOURCES:

(A) Title 13, chapter 175, Rules Governing Irrigation Water Service to Consumers of the Molokai Irrigation System;

(B) Title 13, chapter 176, Rules Governing Irrigation Water Services to Consumers of the Waimea Irrigation System; and

(C) Title 13, chapter 177, Rules Governing Irrigation Water Service to Consumers of the Waimanalo Irrigation System;

and

(2) DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS:

(A) Title 16, chapter 62, Hawaii Public Broadcasting Authority, Fund Raising; and

(B) Title 16, chapter 63, Hawaii Public Broadcasting Authority, Services and Charges.

SECTION 3. Notwithstanding any law to the contrary, the following Hawaii administrative rules are hereby repealed, having been found to be unnecessary.

DEPARTMENT OF EDUCATION:

(1) Title 8, chapter 14, Exclusion of Students Having Communicable Disease;

(2) Title 8, chapter 15, Parent-Teacher Conferences;

(3) Title 8, chapter 16, Release of Students for Religious Holy Days;

(4) Title 8, chapter 17, Married Students;

(5) Title 8, chapter 18, Pregnant Students;

(6) Title 8, chapter 20, Student Examinations;

(7) Title 8, chapter 21, Reporting Pupil Progress;

(8) Title 8, chapter 22, Test Information to Parents;

(9) Title 8, chapter 23, Homework;

(10) Title 8, chapter 24, Student Promotion;

(11) Title 8, chapter 26, High School Graduation Through the Adult Schools;

(12) Title 8, chapter 29, Student Travel;

(13) Title 8, chapter 35, Soliciting Information from Students;

(14) Title 8, chapter 42, School Services;

(15) Title 8, chapter 43, Junior Police Organization;

(16) Title 8, chapter 44, Student Accident Insurance;

(17) Title 8, chapter 47, Solicitation by Non-Departmental Personnel; and

(18) Title 8, chapter 48, Solicitation by the School.

SECTION 4. All contracts entered into pursuant to administrative rules that have been repealed by this Act shall continue to be honored until their termination. This Act shall not be applied so as to impair any contract existing as of the effective date of this Act or to otherwise violate either the Hawaii State Constitution or Article I, Section 10, of the United States Constitution.

SECTION 5. Notwithstanding section 91-3, Hawaii Revised Statutes, or any other law to the contrary, no agency affected by any section, chapter, or subchapter of the Hawaii administrative rules that has been repealed by this Act shall be required to give advanced public notice, provide a public hearing, distribute copies of repealed rules, or take any other action required by chapter 91, Hawaii Revised Statutes, with respect to those administrative rules that have been repealed by this Act.

SECTION 6. This Act shall take effect upon its approval.