Administrative Rules; Sunset

Provides for the automatic sunset of all administrative rules in
3 years unless the impacted agency is able to justify the
existence of those rules to the legislature.  Requires the small
business regulatory review board to review all rules and report
findings and recommendations to the legislature.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Automatic repeal of administrative rules.(a)
 2 Notwithstanding any law to the contrary, all administrative rules
 3 adopted pursuant to chapter 91 shall be repealed on July 1, 2003,
 4 unless the impacted agency is able to justify the existence of
 5 its rules to the satisfaction of the legislature.
 6      (b)  The small business regulatory review board established
 7 pursuant to section 2 of Act 168, Session Laws of Hawaii 1998,
 8 shall conduct an analysis of regulatory programs to assist the
 9 legislature in determining whether any such program should be
10 repealed or continued.  The review board shall make written
11 recommendations to the legislature regarding the following:
12      (1)  Whether any rule should be repealed, amended, compiled,
13           or reenacted;
14      (2)  Whether a rule is in furtherance of an appropriate
15           function of state government; and
16      (3)  Whether the rule, although in furtherance of an
17           appropriate function of state government, can be
18           implemented by the private sector as cost-effectively
19           as the public sector while meeting the same plans,

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 1           goals, objectives, standards, measures of
 2           effectiveness, wage, salary, conditions of employment,
 3           and employee benefit programs of the State.
 4      (c)  Every agency administering a state program shall
 5 furnish the small business regulatory review board and the
 6 legislature all such documents and information as the review
 7 board may from time to time require.  Each agency shall make
 8 available to the review board and the legislature, and any member
 9 or committee of either house of the legislature, all documents
10 and information as may be requested.  The chairperson of the
11 review board and the president of the senate and speaker of the
12 house of representatives, or their representatives, when duly
13 authorized, for the purpose of securing information, shall have
14 access to and may examine any books, documents, papers, or
15 records of any agency.
16      (d)  The review board shall conduct its review of each
17 administrative rule before January 1, 2002, and shall report its
18 findings and recommendations, including any proposed implementing
19 legislation, to the legislature before the expiration of the
20 board on June 30, 2002.
21      SECTION 2.  It is the intent of this Act not to jeopardize
22 the receipt of any federal aid nor to impair the obligation of
23 the State or any agency thereof to the holders of any bond issued

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 1 by the State or by any such agency, and to the extent, and only
 2 to the extent, necessary to effectuate this intent, the governor
 3 may modify the strict provisions of this Act, but shall promptly
 4 report any such modification with reasons therefor to the
 5 legislature at its next session thereafter for review by the
 6 legislature.
 7      SECTION 3.  The provisions of this Act shall not be applied
 8 so as to impair any contract existing as of the effective date of
 9 this Act or to otherwise be deemed to violate either the Hawaii
10 Constitution or Article I, section 10, of the United States
11 Constitution.
12      SECTION 4.  This Act shall take effect on July 1, 2000.
14                           INTRODUCED BY:  _______________________