REPORT TITLE:
Rules Implementing Federal Law


DESCRIPTION:
Requires that rules adopted to comply with federal law shall not
impose regulatory requirements in excess of federal requirements,
except where a statement of justification is included when the
rules are submitted for approval by the governor or mayor of the
county, and a copy of the statement and the rules are
subsequently submitted to the next legislature.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            
THE SENATE                              S.B. NO.           2713
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ADMINISTRATIVE RULES.



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

 1      SECTION 1.  Chapter 91, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "91-      Rules required by federal provisions; minimum
 
 5 impact.  Whenever a state or county agency is required by federal
 
 6 provisions to adopt rules, the rules adopted shall impose the
 
 7 minimum regulatory requirements necessary to comply with the
 
 8 federal provisions; provided that rules imposing regulatory
 
 9 requirements in excess of those necessary to comply with federal
 
10 provisions may be adopted if the state or county agency:
 
11      (1)  Includes a written statement of justification for the
 
12           excess regulatory requirements when submitting the
 
13           rules to the governor or mayor of the county for
 
14           approval pursuant to section 91-3(c); and
 
15      (2)  Subsequently submits the rules and the written
 
16           statement of justification to the legislature ten days
 
17           prior to the convening of the next regular session of
 
18           the legislature."
 

 
Page 2                                         
                                     S.B. NO.           2713
                                                        
                                                        

 
 1      SECTION 2.  New statutory material is underscored.
 
 2      SECTION 3.  This Act shall take effect upon its approval.
 
 3 
 
 4                           INTRODUCED BY:  _______________________