Report Title:

Administrative Rules; Small Business Regulatory Review Board

 

Description:

Requires the small business regulatory review board to identify rules that shall be amended or repealed to conform to the repeal of related statutes.  Directs the board to work with state agencies to develop a procedure for expediting the amendment or repeal of rules when the changes are required only to comply with the repeal of statutes.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1622

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to the small business regulatory review board.

 

 

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

 


     SECTION 1.  The legislature is concerned that rules adopted by state agencies are often not amended or repealed to reflect recent changes to the statutes being implemented by the rules.  This leads to inconsistencies and confusion, such as where a statute has been repealed but the rules that were adopted in accordance with the statute continue to exist.  The legislature is particularly concerned that the failure to keep the rules up-to-date may cause state agencies, if only inadvertently, to follow and administer rules that no longer have any statutory basis.  This situation is detrimental to business generally, and small business in particular.

     The purpose of this Act is to ensure that administrative rules are reviewed and updated to remain current with related statutory provisions.

     SECTION 2.  Chapter 201M, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§201M-    Annual review of rules affected by statutory changes.  (a)  The small business regulatory review board shall work with state agencies to identify rules that need to be amended or repealed to conform to the repeal of the underlying statutes implemented by those rules, and to ensure that the statutory references in rules are current.

     (b)  The governor is directed to work with the board and other state agencies to develop internal processes such as modifications to existing directives, to expedite rulemaking actions that consist solely of amendments to and repeal of rules for the purpose of conforming to the repeal of statutes.

     (c)  The board shall report to the legislature not later than twenty days prior to the convening of the regular sessions of 2010 and 2011, and thereafter as needed, on the implementation of the requirements of this section, and recommendations, if necessary, on proposed legislation."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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