REPORT TITLE:
Repeal of Obsolete Statutes


DESCRIPTION:
Repeals or makes conforming amendments to various statutes that
have either been repealed by implication, or by their own terms
by operation of law, and are now deemed to have accomplished
their intended purpose.  Repeals administrative rules that are
unnecessary or obsolete.  Provides an expedited process for the
repeal of obsolete or unauthorized administrative rules.  (SB2121
HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2121
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO OBSOLETE LAWS.



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

 1                              PART I
 
 2      SECTION 1.  Section 2 of Act 11, Special Session Laws of
 
 3 1995, enacted the interagency federal revenue maximization
 
 4 revolving fund, which was subsequently codified as section 29-24,
 
 5 Hawaii Revised Statutes.  Both subsection (c) of section 29-24,
 
 6 as well as section 15(3) of Act 11, provided that on June 30,
 
 7 1999, section 29-24 would be repealed.  As such, section 29-24
 
 8 would have been deemed to be repealed by operation of law on that
 
 9 date.
 
10      However, section 28 of Act 160, Session Laws of Hawaii 1999,
 
11 which became effective on June 29, 1999, deleted section 15(3) of
 
12 Act 11, one of the two provisions providing for the repeal of
 
13 section 29-24.  Sections 29 and 30 of Act 160 further provide for
 
14 the use of moneys in the interagency federal revenue maximization
 
15 revolving fund through fiscal year 2000-2001 by the departments
 
16 of education and health.  While the intent of the 1999 amendment
 
17 was to make section 29-24 permanent, however, that amendment
 
18 nevertheless failed to amend section 29-24 itself to remove the
 
19 automatic repeal date in subsection (c) of that section.
 

 
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 1      The purpose of this part is therefore to amend section 29-24
 
 2 by repealing subsection (c) of that section to conform to the
 
 3 intent of the 1999 amendment and remove ambiguity as to whether
 
 4 that section is repealed.
 
 5      SECTION 2.  Section 29-24, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "29-24  Interagency federal revenue maximization revolving
 
 8 fund.  (a)  There is established in the state treasury an
 
 9 interagency federal revenue maximization revolving fund into
 
10 which shall be deposited all funds and proceeds collected from
 
11 the federal government and third-party payors for costs not
 
12 previously claimed by the State, with the exception of proceeds
 
13 collected for services provided by the Hawaii health systems
 
14 corporation, for reimbursement by federally-funded state
 
15 programs.  For purposes of this chapter, federally-funded state
 
16 programs include but shall not be limited to those federally-
 
17 funded programs within the departments of human services,
 
18 education, and health.  Expenditures and transfers from the fund
 
19 shall be made by the comptroller in proportional allocations
 
20 established by the comptroller and the director of finance.
 
21 Transfers shall be made to the department claiming the
 
22 reimbursement for expenses incurred related to federal fund
 
23 reimbursement claims and to the general fund of the State.
 

 
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 1 Moneys in the fund may be expended for consultant services
 
 2 rendered under subsection (b).
 
 3      (b)  Notwithstanding any other law to the contrary, the
 
 4 comptroller, by contract, may retain the services of certified
 
 5 public accountants and other consultants to pursue and collect
 
 6 federal fund reimbursements, and perform other duties necessary
 
 7 to administer this section.  At the option of the comptroller,
 
 8 consultants retained by contract under this subsection may be
 
 9 compensated on:
 
10      (1)  A fixed-price basis;
 
11      (2)  An hourly rate basis with or without a fixed cap; or
 
12      (3)  Through a contingent fee arrangement specified in the
 
13           contract.
 
14 Such compensation shall be payable out of all sums the consultant
 
15 recovers for the State.
 
16      [(c)  All unobligated, unencumbered, or unexpended funds
 
17 remaining in the interagency federal revenue maximization
 
18 revolving fund as of June 30, 1999, shall revert to the general
 
19 fund of the State.  Upon final disbursement of remaining balances
 
20 to the general fund on June 30, 1999, the interagency federal
 
21 revenue maximization revolving fund shall be terminated.
 
22      (d)] (c)  No later than twenty days prior to the convening
 
23 of each regular session of the legislature, the comptroller shall
 

 
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 1 submit to the legislature a report including the following
 
 2 information:
 
 3      (1)  Itemized amounts of all federal reimbursements;
 
 4      (2)  Description and amounts of all expenses incurred by the
 
 5           fund;
 
 6      (3)  Method of compensation and amounts of compensation for
 
 7           all certified public accountants and other consultants
 
 8           retained by the comptroller to pursue and collect
 
 9           federal fund reimbursements and perform other duties
 
10           necessary to administer this section;
 
11      (4)  Method of determining allocation of funds;
 
12      (5)  Amounts allocated by the comptroller; and
 
13      (6)  Fund balances."
 
14                              PART II
 
15      SECTION 3.  Subsection (c) of section 87-25.5, Hawaii
 
16 Revised Statutes, provides for the repeal of that section on June
 
17 30, 1999.  Since that section was never amended to extend its
 
18 repeal date, section 87-25.5 was repealed by operation of law on
 
19 that date.  Accordingly, the purpose of this part is to repeal
 
20 section 87-25.5.
 
21      SECTION 4.  Section 87-25.5, Hawaii Revised Statutes, is
 
22 repealed.
 

 
 
 
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 1      ["[87-25.5]  Reciprocal beneficiary family coverage
 
 2 defined; reciprocal beneficiary employees, State and counties,
 
 3 and fund responsibility costs.(a)  The board of trustees shall
 
 4 establish a reciprocal beneficiary family coverage health
 
 5 benefits plan for an employee who is a reciprocal beneficiary
 
 6 under chapter 572C and elects to enroll in reciprocal beneficiary
 
 7 family coverage.
 
 8      (b)  As used in this section, reciprocal beneficiary family
 
 9 coverage means coverage under a health benefits plan that
 
10 insures, originally or upon subsequent amendment, an employee who
 
11 is a reciprocal beneficiary, the other party to the employee's
 
12 reciprocal beneficiary relationship, and any dependent-
 
13 beneficiary of the employee, any unmarried child of the non-
 
14 employee reciprocal beneficiary under age nineteen, or a
 
15 surviving beneficiary of the employee.
 
16      (c)  This section shall be repealed on June 30, 1999."]
 
17                             PART III
 
18      SECTION 5.  Subsection (g) of section 235-55.9, Hawaii
 
19 Revised Statutes, provides for the repeal of that section on
 
20 June 30, 1997.  Since that section was never amended to extend
 
21 its repeal date, section 235-55.9 was repealed by operation of
 
22 law on that date.  Accordingly, the purpose of this part is to
 
23 repeal section 235-55.9.
 

 
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 1      SECTION 6.  Section 235-55.9, Hawaii Revised Statutes, is
 
 2 repealed.
 
 3      ["235-55.9  Medical services excise tax credit.(a)  Each
 
 4 resident individual taxpayer, who files an individual income tax
 
 5 return for a taxable year, and who is not claimed or is not
 
 6 otherwise eligible to be claimed as a dependent by another
 
 7 taxpayer for Hawaii state individual income tax purposes, may
 
 8 claim a medical services excise tax credit against the resident
 
 9 taxpayer's individual income tax liability for the taxable year
 
10 for which the individual income tax return is being filed;
 
11 provided that a resident individual who has no income or no
 
12 income taxable under this chapter and who is not claimed or is
 
13 not otherwise eligible to be claimed as a dependent by a taxpayer
 
14 for Hawaii state individual income tax purposes may claim this
 
15 credit.
 
16      (b)  The medical services excise tax credit shall be six per
 
17 cent of the nursing facilities expenses paid by or for the
 
18 resident individual during the taxable year.
 
19      (c)  For the purposes of this section "nursing facility
 
20 expenses" are amounts actually paid by the taxpayer for services
 
21 provided to the taxpayer or to any individual who bears a
 
22 relationship to the taxpayer as described in section 152(a) (with
 
23 respect to dependent defined) of the Internal Revenue Code by a
 

 
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 1 nursing facility licensed under section 321-9 and 321-11 and any
 
 2 intermediate care facility for mentally retarded persons under
 
 3 sections 321-9 and 321-11; provided that the nursing facility
 
 4 expense was subject to the imposition and payment of the tax
 
 5 imposed by chapter 346E.
 
 6      The amount of nursing facility expenses paid during the
 
 7 taxable year shall not be reduced by any insurance reimbursement.
 
 8      (d)  The tax credits claimed by a resident taxpayer pursuant
 
 9 to this section shall be deductible from the resident taxpayer's
 
10 individual income tax liability, if any, for the tax year in
 
11 which they are properly claimed.  If the tax credits claimed by a
 
12 resident taxpayer exceed the amount of income tax payment due
 
13 from the resident taxpayer, the excess of credits over payments
 
14 due shall be refunded to the resident taxpayer; provided that tax
 
15 credits properly claimed by a resident individual who has no
 
16 income tax liability shall be paid to the resident individual;
 
17 and provided further that no refunds or payment on account of the
 
18 tax credits allowed by this section shall be made for amounts
 
19 less than $1.
 
20      (e)  The director of taxation shall prepare such forms as
 
21 may be necessary to claim a credit under this section.  The
 
22 director may also require the taxpayer to furnish reasonable
 
23 information in order that the director may ascertain the validity
 

 
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 1 of the claim for credit made under this section and the director
 
 2 may adopt rules necessary to effectuate the purposes of this
 
 3 section pursuant to chapter 91.
 
 4      (f)  All claims for tax credits under this section,
 
 5 including any amended claims, must be filed on or before the end
 
 6 of the twelfth month following the close of the taxable year for
 
 7 which the credits may be claimed.  Failure to comply with the
 
 8 foregoing provision shall constitute a waiver of the right to
 
 9 claim the credit.
 
10      (g)  This section shall not be effective after June 30,
 
11 1997."]
 
12                              PART IV
 
13      SECTION 7.  In the case of Gardens at West Maui v. County of
 
14 Maui, 90 H. 334, 978 P.2d 772 (1999), the Hawaii supreme court
 
15 found section 248-2, Hawaii Revised Statutes, to have been
 
16 repealed by implication.  That section allows the council of each
 
17 county to increase or decrease real property taxes in that county
 
18 for each tax year and provides for a determination of tax rates.
 
19      In 1977, section 248-2 was amended to preclude differential
 
20 tax rates.  However, article VIII, section 3 of the Hawaii
 
21 Constitution, which expressly transferred to the counties broad
 
22 powers of real property taxation and which contains no provisions
 
23 limiting or restricting the tax rate structure determined by the
 

 
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 1 counties, and section 246A-2, Hawaii Revised Statutes, which
 
 2 implemented that constitutional amendment in 1980, were enacted
 
 3 subsequent to the 1977 amendment to section 248-2, thereby fully
 
 4 superseding that section, according to the supreme court.
 
 5 According to the court:  "The participants of the 1978
 
 6 constitutional convention and the 1980 legislature are presumed
 
 7 to have been aware of the 1977 amendment to HRS 248-2 and are
 
 8 therefore presumed to have repealed it by implication."  Id., 90
 
 9 H. at 341.
 
10      Because article VIII, section 3 of the Hawaii Constitution
 
11 and section 246A-2 covered the entire subject of the counties'
 
12 real property taxation power and embraced the entire law on that
 
13 matter, section 248-2, by limiting Maui county's real property
 
14 taxation powers, was found by the court to be in conflict and was
 
15 repealed by implication.  Accordingly, the purpose of this part
 
16 is to repeal section 248-2, Hawaii Revised Statutes.
 
17      SECTION 8.  Section 248-2, Hawaii Revised Statutes, is
 
18 repealed.
 
19      ["248-2 Real property tax; determination of rates.(a)
 
20 The council of each county may increase or decrease the tax rate
 
21 at which real property in that county shall be taxed for each tax
 
22 year.  A resolution increasing or decreasing the tax rate in each
 
23 county shall be adopted on or before June 20 preceding the tax
 

 
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 1 year for which property tax revenues are to be raised according
 
 2 to the following procedures:
 
 3      (1)  After determining that any tax rate certified by the
 
 4           director of taxation under subsection (d) should be
 
 5           increased or decreased and the date of a public hearing
 
 6           concerning such determination, the council shall
 
 7           advertise its intention to increase or decrease the tax
 
 8           rate and the date, time, and place of the public
 
 9           hearing in a newspaper of general circulation in the
 
10           county in which the rates are to be increased or
 
11           decreased.  The date of the public hearing shall be not
 
12           less than ten days after the advertisement is first
 
13           published and shall set forth the tax rate to be
 
14           considered by the council.
 
15      (2)  After the public hearing provided for in paragraph (1),
 
16           the council shall readvertise and reconvene within two
 
17           weeks to adopt a resolution fixing the tax rate for the
 
18           tax year for which property tax revenues are to be
 
19           raised.  The advertisement shall state the new rate to
 
20           be fixed and the amount of the increase or decrease,
 
21           and the date, time, and place of the public hearing
 
22           scheduled for fixing such rate.  The date, time, and
 
23           place of the public hearing shall also be announced at
 

 
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 1           the public hearing required by paragraph (1).  If the
 
 2           resolution fixing the tax rate is not adopted within
 
 3           two weeks from the public hearing required by paragraph
 
 4           (1), the council shall again advertise and meet as
 
 5           required by paragraph (1).
 
 6      (3)  If after adopting an increase or decrease in the tax
 
 7           rate as provided by paragraphs (1) and (2), the council
 
 8           determines that it requires a further increase or
 
 9           decrease in a tax rate or fails to act in any specified
 
10           period, the council shall readvertise and follow the
 
11           requirements of paragraphs (1) and (2).
 
12      If the council of each county does not increase or decrease
 
13 the tax rate certified to the council by the director of taxation
 
14 under subsection (d) as provided in this subsection, the tax rate
 
15 so certified shall be the tax rate in the county for the tax year
 
16 for which the property tax revenues are to be raised.
 
17      (b)  The council of each county shall increase or decrease
 
18 the tax rate applicable in the county using the following method:
 
19      (1)  The total revenue to be raised from real property in
 
20           the county shall be divided by the aggregate value of
 
21           the taxable real property within the county.  The
 
22           aggregate value of taxable real property within the
 
23           county shall mean the net assessed value of all real
 

 
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 1           property in the county as of April 19 preceding the tax
 
 2           year.  In all cases where appeals from the assessment
 
 3           of the department of taxation have not yet been finally
 
 4           determined, the values used in determining the
 
 5           aggregate shall be the value claimed by the taxpayer in
 
 6           each case, plus fifty per cent of the value in dispute.
 
 7      (2)  The rate shall be expressed in terms of the tax per
 
 8           $1,000 of assessed value of taxable real property in
 
 9           the county, provided that the applicable rate for each
 
10           county shall be computed to the nearest cent.
 
11      (c)  If the tax rate for the tax year in any county is
 
12 increased or decreased, the council shall notify the director of
 
13 taxation of the increased or decreased rate, and the director
 
14 shall employ such rate in the levying of property taxes in that
 
15 county as provided by law.
 
16      (d)  The director of taxation shall on or before May 1
 
17 preceding the tax year furnish each council with a calculation
 
18 certified by the director as being as nearly accurate as may be,
 
19 of the aggregate value of taxable real property within the county
 
20 plus such additional data relating to the property tax base as
 
21 the council may request in writing.  In addition, the director
 
22 shall certify to the council of each county, the tax rate for the
 
23 forthcoming tax year in each county by determining such tax rate
 

 
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 1 by the method established in subsection (b) and by using the
 
 2 aggregate value of taxable real property within the county for
 
 3 the forthcoming year and the county's real property revenues for
 
 4 the current year.  Upon its determination such tax rate shall be
 
 5 the tax rate for the county for the forthcoming tax year, unless
 
 6 the county increases or decreases the tax rate as provided in
 
 7 subsection (a).
 
 8      (e)  Insofar as the validity of any tax rate is concerned,
 
 9 the provisions of subsections (a) and (d) of this section as to
 
10 dates, shall be deemed directory; provided that all other
 
11 provisions of subsections (a) and (d) and all provisions of
 
12 subsections (b) and (c) shall be deemed mandatory.
 
13      (f)  Notwithstanding any provision to the contrary, there
 
14 shall be levied upon each individual parcel of real property
 
15 taxable under chapter 246 a minimum real property tax of $7 a
 
16 year."]
 
17                              PART V
 
18      SECTION 9.  The purpose of this part is to reduce the number
 
19 of administrative rules through the outright repeal of one or
 
20 more specific sections, chapters, or subchapters of the Hawaii
 
21 Administrative Rules.  This part further specifies that to
 
22 expedite the streamlining of Hawaii state government and increase
 
23 government efficiency, agencies whose rules have been repealed by
 

 
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 1 this part need not comply with the requirements for the repeal of
 
 2 rules under the Administrative Procedure Act with respect to
 
 3 these rules.
 
 4      SECTION 10.  Notwithstanding any law to the contrary, the
 
 5 following Hawaii Administrative Rules are hereby repealed, having
 
 6 been found to be unnecessary.
 
 7      (1)  OFFICE OF THE GOVERNOR:
 
 8           (A)  Title 1, chapter 3, Long-Term Care Service
 
 9                Development Fund; and
 
10           (B)  Title 1, chapter 4, Renovation and Conversion of
 
11                Existing Facilities for Long-Term Care Programs.
 
12      (2)  OFFICE OF THE LIEUTENANT GOVERNOR - Office of
 
13           Elections:
 
14           Title 2, chapter 38, Adoption, Amendment, or Repeal of
 
15           Rules by Chief Election Officer.
 
16      (3)  DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
 
17           (A)  Title 3, chapter 11, Rules and Regulations for the
 
18                Administration and Accountability of Petty Cash
 
19                Funds; and
 
20           (B)  Title 3, chapter 12, Rules Governing the Reporting
 
21                of Funds Not Deposited in the State Treasury.
 

 
 
 
 
 
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 1      (4)  DEPARTMENT OF AGRICULTURE:
 
 2           (A)  Title 4, chapter 3, Rules and Regulations
 
 3                Governing the Kauai Planning and Development
 
 4                Program;
 
 5           (B)  Title 4, chapter 25, Meat Inspection; and
 
 6           (C)  Title 4, chapter 26, Poultry Inspection.
 
 7      (5)  DEPARTMENT OF BUDGET AND FINANCE:
 
 8           (A)  Title 6, chapter 11, Veterans Loan Program;
 
 9           (B)  Title 6, chapter 100, General Provisions - Hawaii
 
10                Information Network Corporation;
 
11           (C)  Title 6, chapter 101, Marketing and Promotion
 
12                Activities;
 
13           (D)  Title 6, chapter 102, HAWAII INC Service Bureau;
 
14                and
 
15           (E)  Title 6, chapter 103, Hawaii FYI Electronic
 
16                Services Gateway.
 
17      (6)  DEPARTMENT OF HAWAIIAN HOME LANDS:
 
18           Title 10, chapter 100, Leases to Hawaiians.
 
19      (7)  DEPARTMENT OF HEALTH:
 
20           (A)  Title 11, chapter 3, Physical Therapists;
 
21           (B)  Title 11, chapter 6, State Health Insurance
 
22                Program;
 
23           (C)  Title 11, chapter 14, Housing;
 

 
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 1           (D)  Title 11, chapter 16, Recreational Trailer Camps;
 
 2           (E)  Title 11, chapter 30, Frozen Desserts;
 
 3           (F)  Title 11, chapter 34, Poisons;
 
 4           (G)  Title 11, chapter 42, Vehicular Noise Control for
 
 5                Oahu; and
 
 6           (H)  Title 11, chapter 158, Venereal Disease.
 
 7      (8)  DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS:
 
 8           (A)  Title 12, chapter 1, except section 12-1-5,
 
 9                Petition for declaratory ruling; and
 
10           (B)  Title 12, chapter 507, Aloha State Specialized
 
11                Employment and Training Program.
 
12      (9)  DEPARTMENT OF LAND AND NATURAL RESOURCES:
 
13           (A)  Title 13, chapter 2, Conservation Districts;
 
14           (B)  Title 13, chapter 4, Waimanu Estuarine Sanctuary;
 
15           (C)  Title 13, chapter 6, Conservation Districts;
 
16           (D)  The following sections of Title 13, chapter 233,
 
17                Motor Vehicle and Parking Rules:
 
18                (i)  Section 13-233-11, Vehicles or equipment,
 
19                     size, weight, and load restrictions;
 
20               (ii)  Section 13-233-12, Restrictions as to tire
 
21                     equipment;
 
22              (iii)  Section 13-233-21, Designation of parking
 
23                     meter stalls;
 

 
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 1               (iv)  Section 13-233-22, Placement and design of
 
 2                     parking meters;
 
 3                (v)  Section 13-233-23, Method of parking;
 
 4               (vi)  Section 13-233-25, Operation of parking
 
 5                     meters; and
 
 6              (vii)  Section 13-233-41, Designation of parking
 
 7                     stalls.
 
 8     (10)  DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS:
 
 9           (A)  Title 16, chapter 2, Hawaii Temporary Disability
 
10                Insurance Risk Spreading Plan;
 
11           (B)  Title 16, chapter 4, Hawaii Insurance Guaranty
 
12                Association Plan of Operation;
 
13           (C)  Title 16, chapter 9, Licensing Examination Fees;
 
14           (D)  Title 16, chapter 10, Unfair Discrimination Solely
 
15                on the Basis of Blindness or Partial Blindness;
 
16           (E)  Title 16, chapter 11, Multiple Peril Policy Rate
 
17                Sheet;
 
18           (F)  Title 16, chapter 12A, Medicare Supplement
 
19                Policies;
 
20           (G)  Title 16, chapter 12B, Transitional Requirements
 
21                for the Conversion of Medicare Supplement
 
22                Insurance Benefits and Premiums to Conform to
 
23                Repeal of Medicare Catastrophic Coverage Act; and
 
24           (H)  Title 16, chapter 173, Hawaii Property Insurance
 
25                Association.
 

 
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 1     (11)  DEPARTMENT OF TRANSPORTATION:
 
 2           (A)  Title 19, chapter 5, Service Charge for Dishonored
 
 3                Negotiable Instruments at the Department of
 
 4                Transportation; and
 
 5           (B)  Title 19, chapter 28, Aircraft Noise Control.
 
 6      SECTION 11.  Notwithstanding section 91-3, Hawaii Revised
 
 7 Statutes, or any law to the contrary, no agency affected by any
 
 8 section, chapter, or subchapter of the Hawaii Administrative
 
 9 Rules that has been repealed by this part shall be required to
 
10 give advanced public notice, provide a public hearing, distribute
 
11 copies of repealed rules, or take any other action required by
 
12 chapter 91, Hawaii Revised Statutes, with respect to those
 
13 administrative rules that have been repealed by this part.
 
14      SECTION 12.  All contracts entered into pursuant to
 
15 administrative rules that have been repealed by this part shall
 
16 continue to be honored until their termination.  The provisions
 
17 of this part shall not be applied so as to impair any contract
 
18 existing as of the effective date of this Act or to otherwise
 
19 violate either the Hawaii State Constitution or article I,
 
20 section 10, of the United States Constitution.
 
21                              PART VI
 
22      SECTION 13.  The purpose of this part is to reduce the
 
23 number of administrative rules by specifying that where an agency
 

 
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 1 seeks only to repeal as null and void or unnecessary certain
 
 2 specific sections, chapters, or subchapters of the Hawaii
 
 3 administrative rules, the agency need only publish a public
 
 4 notice of those sections, chapters, or subchapters that are being
 
 5 repealed, without any accompanying description of those
 
 6 provisions, and without the need for a public hearing.  Agencies
 
 7 that propose to adopt, amend, or compile administrative rules,
 
 8 whether separately or in combination with the repeal of rules,
 
 9 must continue to comply with the existing requirements of the
 
10 Administrative Procedure Act.  The legislature finds that this
 
11 part will further help to streamline government and increase
 
12 government efficiency.
 
13      SECTION 14.  Section 91-3, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "91-3   Procedure for adoption, amendment, or repeal of
 
16 rules.(a)  [Prior] Except as provided in subsection (f), prior
 
17 to the adoption of any rule authorized by law, or the amendment
 
18 or repeal thereof, the adopting agency shall:
 
19      (1)  Give at least thirty days' notice for a public hearing.
 
20           The notice shall include:
 
21           (A)  A statement of the topic of the proposed rule
 
22                adoption, amendment, or repeal or a general
 
23                description of the subjects involved; and
 

 
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 1           (B)  A statement that a copy of the proposed rule to be
 
 2                adopted, the proposed rule amendment, or the rule
 
 3                proposed to be repealed will be mailed to any
 
 4                interested person who requests a copy, pays the
 
 5                required fees for the copy and the postage, if
 
 6                any, together with a description of where and how
 
 7                the requests may be made;
 
 8           (C)  A statement of when, where, and during what times
 
 9                the proposed rule to be adopted, the proposed rule
 
10                amendment, or the rule proposed to be repealed may
 
11                be reviewed in person; and
 
12           (D)  The date, time, and place where the public hearing
 
13                will be held and where interested persons may be
 
14                heard on the proposed rule adoption, amendment, or
 
15                repeal.
 
16                The notice shall be mailed to all persons who have
 
17           made a timely written request of the agency for advance
 
18           notice of its rulemaking proceedings, given at least
 
19           once statewide for state agencies and in the county for
 
20           county agencies.  Proposed state agency rules shall
 
21           also be posted on the [Internet] internet as provided
 
22           in section 91-2.6; and
 

 
 
 
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 1      (2)  Afford all interested persons opportunity to submit
 
 2           data, views, or arguments, orally or in writing.  The
 
 3           agency shall fully consider all written and oral
 
 4           submissions respecting the proposed rule.  The agency
 
 5           may make its decision at the public hearing or announce
 
 6           then the date when it intends to make its decision.
 
 7           Upon adoption, amendment, or repeal of a rule, the
 
 8           agency, if requested to do so by an interested person,
 
 9           shall issue a concise statement of the principal
 
10           reasons for and against its determination.
 
11      (b)  Notwithstanding the foregoing, if an agency finds that
 
12 an imminent peril to the public health, safety, or morals, or to
 
13 livestock and poultry health, requires adoption, amendment, or
 
14 repeal of a rule upon less than thirty days' notice of hearing,
 
15 and states in writing its reasons for such finding, it may
 
16 proceed without prior notice or hearing or upon such abbreviated
 
17 notice and hearing, including posting the abbreviated notice and
 
18 hearing on the [Internet] internet as provided in section 91-2.6,
 
19 as it finds practicable to adopt an emergency rule to be
 
20 effective for a period of not longer than one hundred twenty days
 
21 without renewal.
 
22      (c)  The adoption, amendment, or repeal of any rule by any
 
23 state agency shall be subject to the approval of the governor.
 

 
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 1 The adoption, amendment, or repeal of any rule by any county
 
 2 agency shall be subject to the approval of the mayor of the
 
 3 county.  This subsection shall not apply to the adoption,
 
 4 amendment, and repeal of the rules of the county boards of water
 
 5 supply.
 
 6      (d)  The requirements of subsection (a) may be waived by the
 
 7 governor in the case of the State, or by the mayor in the case of
 
 8 a county, whenever a state or county agency is required by
 
 9 federal provisions to adopt rules as a condition to receiving
 
10 federal funds and the agency is allowed no discretion in
 
11 interpreting the federal provisions as to the rules required to
 
12 be adopted; provided that the agency shall make the adoption,
 
13 amendment, or repeal known to the public by:
 
14      (1)  Giving public notice of the substance of the proposed
 
15           rule at least once statewide prior to the waiver of the
 
16           governor or the mayor; and
 
17      (2)  Posting the full text of the proposed rulemaking action
 
18           on the [Internet] internet as provided in section 91-
 
19           2.6.
 
20      (e)  No adoption, amendment, or repeal of any rule shall be
 
21 invalidated solely because of:
 
22      (1)  The inadvertent failure to mail an advance notice of
 
23           rulemaking proceedings;
 

 
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 1      (2)  The inadvertent failure to mail or the nonreceipt of
 
 2           requested copies of the proposed rule to be adopted,
 
 3           the proposed rule amendment, or the rule proposed to be
 
 4           repealed; or
 
 5      (3)  The inadvertent failure on the part of a state agency
 
 6           to post on the website of the office of the lieutenant
 
 7           governor all proposed rulemaking actions of the agency
 
 8           and the full text of the agency's proposed rules as
 
 9           provided in section 91-2.6.
 
10 Any challenge to the validity of the adoption, amendment, or
 
11 repeal of an administrative rule on the ground of noncompliance
 
12 with statutory procedural requirements shall be forever barred
 
13 unless the challenge is made in a proceeding or action, including
 
14 an action pursuant to section 91-7, that is begun within three
 
15 years after the effective date of the adoption, amendment, or
 
16 repeal of the rule.
 
17      (f)  Whenever an agency seeks only to repeal one or more
 
18 sections, chapters, or subchapters of the agency's rules because
 
19 the rules are either obsolete or unauthorized, and not adopt,
 
20 amend, or compile any other rules, the agency need only:
 
21      (1)  Give thirty days' public notice at least once statewide
 
22           of the proposed date of repeal and of:
 

 
 
 
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 1           (A)  A list of the sections, chapters, or subchapters,
 
 2                as applicable, being repealed; and
 
 3           (B)  A statement of when, where, and during what times
 
 4                the sections, chapters, or subchapters proposed to
 
 5                be repealed may be reviewed in person;
 
 6           and
 
 7      (2)  Post the full text of the proposed sections, chapters,
 
 8           or subchapters to be repealed on the internet as
 
 9           provided in section 91-2.6.
 
10      This subsection does not apply to the repeal of one or more
 
11 subsections, paragraphs, subparagraphs, clauses, words, phrases,
 
12 or other material within a section that does not constitute the
 
13 entire section to be repealed."
 
14                             PART VII
 
15      SECTION 15.  The purpose of this part is to reduce the
 
16 number of administrative rules through the outright repeal of one
 
17 or more specific sections, chapters, or subchapters of the Hawaii
 
18 Administrative Rules.  This part further specifies that in order
 
19 to expedite the streamlining of Hawaii state government and
 
20 increasing government efficiency, agencies whose rules have been
 
21 repealed by this part need not comply with the requirements for
 
22 the repeal of rules under the Administrative Procedure Act with
 
23 respect to these rules.
 

 
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 1      SECTION 16.  Notwithstanding any law to the contrary, the
 
 2 following administrative rules of the Hawaii Administrative Rules
 
 3 that are null and void are hereby repealed by virtue of the fact
 
 4 that they are already null and void:
 
 5      (1)  OFFICE OF THE LIEUTENANT GOVERNOR Administration:
 
 6           Title 2, chapter 29, Hawaii Criminal Justice Commission
 
 7           Administrative Practice and Procedure.
 
 8      (2)  DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES:
 
 9           Title 3, chapter 56, Rules Providing Value Engineering
 
10           Incentives in Public Works Contracts.
 
11      (3)  DEPARTMENT OF AGRICULTURE:
 
12           (A)  Title 4, chapter 6, Orchards Development Program;
 
13           (B)  Title 4, chapter 7, Hawaii Agricultural Products
 
14                Program;
 
15           (C)  Title 4, chapter 10, The Independent Sugar Grower
 
16                Loan Program; and
 
17           (D)  Title 4, chapter 47, Agricultural Marketing Orders
 
18                and Agreements.
 
19      (4)  DEPARTMENT OF BUDGET AND FINANCE:
 
20           Title 6, chapter 15, Grants, Subsidies, and Purchases
 
21           of Service.
 
22      (5)  DEPARTMENT OF HEALTH:
 
23           Title 11, chapter 141, Midwives.
 

 
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 1      (6)  DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS:
 
 2           (A)  Title 12, chapter 9, Work Incentive Program for
 
 3                AFDC Recipients;
 
 4           (B)  Title 12, chapter 23, Relating to Discriminatory
 
 5                Practices;
 
 6           (C)  Title 12, chapter 34, State Program for the
 
 7                Unemployed; and
 
 8           (D)  Title 12, chapter 35, Displaced Homemaker Program.
 
 9      (7)  DEPARTMENT OF LAND AND NATURAL RESOURCES:
 
10           Title 13, chapter 59, Kawaaloa-Moomomi Bays Subsistence
 
11           Fishing Pilot Demonstration Project, Molokai.
 
12      (8)  DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND
 
13           TOURISM:
 
14           (A)  Title 15, chapter 3, Fishing Vessel Loan Programs;
 
15           (B)  Title 15, chapter 7, Molokai Loan Program;
 
16           (C)  Title 15, chapter 13, The Hawaii State Plan Policy
 
17                Council; and
 
18           (D)  Title 15, chapter 14, Commission on Population and
 
19                the Hawaiian Future Rules of Practice and
 
20                Procedure.
 
21      (9)  DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS:
 
22           (A)  Title 16, chapter 8, Patient's Compensation Fund;
 
23           (B)  Title 16, chapter 29, Branch Bank of University of
 
24                Hawaii Manoa Campus;
 

 
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 1           (C)  Title 16, chapter 109, Factory-Built Housing;
 
 2           (D)  Title 16, chapter 111, Real Estate Collection
 
 3                Servicing Agents; and
 
 4           (E)  Title 16, chapter 316, Hawaiian Home Lands Trust
 
 5                Individual Claims Review Panel Administrative
 
 6                Practice and Procedure.
 
 7      (10) DEPARTMENT OF TAXATION:
 
 8           Title 18, chapter 234, Natural Disaster Claims
 
 9           Commissions.
 
10                             PART VIII
 
11      SECTION 17.  If any provision of this Act, or the
 
12 application thereof to any person or circumstance is held
 
13 invalid, the invalidity does not affect other provisions or
 
14 applications of the Act which can be given effect without the
 
15 invalid provision or application, and to this end the provisions
 
16 of this Act are severable.
 
17      SECTION 18.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 19.  This Act shall take effect upon its approval.