Administrative Rules; Repeal

Provides that any administrative rule that has been adopted
pursuant to statute or ordinance that has been repealed shall be
repealed within six months without regard to chapter 91, HRS.
Provides an exception for rules that were adopted in compliance
with federal law.  Requires that rules adopted to comply with
federal law not impose regulatory requirements in excess of
federal requirements, except when justified by certain
conditions.  (CD1)

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

                     A BILL FOR AN ACT



 1      SECTION 1.  Chapter 91, Hawaii Revised Statutes, is amended
 2 by adding three new sections to appropriately designated and to
 3 read as follows:
 4      91-     Repeal of administrative rules based on statutes or
 5 ordinances that have been subsequently repealed.  Any
 6 administrative rule, that has been adopted pursuant to a state
 7 statute or county ordinance that has been repealed, shall be
 8 repealed within six months, without regard to the notification
 9 requirements of this chapter.  Any administrative rule that has
10 been adopted pursuant to a federal statute or regulation shall be
11 exempt from the requirements of this section.
12      91-      Rules required by federal provisions; minimum
13 impact.  Whenever a state or county agency is required by federal
14 provisions to adopt rules, the rules adopted shall impose the
15 minimum regulatory requirements necessary to comply with the
16 federal provisions; provided that rules imposing regulatory
17 requirements in excess of those necessary to comply with federal
18 provisions may be adopted if the state or county agency:
19      (1)  Includes a written statement of justification for the
20           excess regulatory requirements when submitting the 

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 1           rules to the governor or mayor of the county for
 2           approval pursuant to section 91-3(c); and
 3      (2)  Subsequently makes the rules and the written statement
 4           of justification available for review by the mayor of
 5           the county, legislature, or governor.
 6      91-     Rulemaking procedure.  (a)  Subject to the
 7 requirements of this chapter, each agency shall develop and use
 8 flexible approaches in making, amending, or repealing rules that
 9 meet the needs of the agency and that involve persons affected by
10 the agency's rules.  In making, amending, or repealing rules, the
11 head of the agency is responsible for ensuring that the rules
12 developed are in concert with the spirit and intent of the law
13 and may designate a representative to provide assistance in
14 fulfilling this responsibility.
15      (b)  After a public hearing has been held on any rule as
16 required by section 91-3, the proposed rule shall not be adopted
17 unless the head of the agency concurs that the proposed rule has
18 a rational nexus to the law and conforms to the letter, spirit,
19 and intent of the law."
20      SECTION 2.  This Act does not affect rights and duties that
21 matured, penalties that were incurred, and proceedings that were
22 begun, before its effective date.
23      SECTION 3.  New statutory material is underscored.

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