Report Title:

Administrative procedure; sunset

Description:

Establishes the three-year administrative rules review pilot program requiring the Department of Commerce and Consumer Affairs to examine its existing rules and begin the process of repealing obsolete, cumbersome, unnecessary, or overly restrictive rules.

HOUSE OF REPRESENTATIVES

H.B. NO.

216

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to administrative procedures.

 

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

SECTION 1. The legislature finds that many of Hawaii's administrative rules are obsolete, cumbersome, unnecessary, or overly restrictive. Currently, state departments and agencies have no mandate to review existing rules with the intent to streamline, amend, or discard rules that are no longer needed.

The large volume of rules, which have outlived their usefulness, adversely affects the ability of government and businesses to operate efficiently. Further, public access to administrative rules is hindered by this condition, and the ability of the public to provide input into government programs is also reduced.

The legislature acknowledges that a Herculean effort is required to begin sorting through existing administrative rules to determine which ones should be retained and which ones should be eliminated. The legislature finds that each state agency, beginning with the department of commerce and consumer affairs, should actively participate in this process.

The purpose of this Act is to establish the administrative rules review pilot program to require the department of commerce and consumer affairs to examine its existing administrative rules and begin the process of repealing obsolete, cumbersome, unnecessary, or overly restrictive rules.

SECTION 2. (a) Administrative rules review pilot program; established. There is established the administrative rules review pilot program to be placed in the department of commerce and consumer affairs for administrative purposes. As part of the administrative rules review pilot program, the department of commerce and consumer affairs shall:

(1) Review all of its rules to determine which rules should be sunsetted, amended, or replaced because they are obsolete, cumbersome, unnecessary, or overly restrictive; and

(2) Consider the feasibility of repealing any rule adopted by any agency three years after its adoption, with provisions allowing for the continuation of rules that can be justified by the agency.

(b) Reports. The department of commerce and consumer affairs shall provide a preliminary report on the progress of the administrative rules review pilot program, outlining its method of review, to the legislature no later than twenty days prior to the convening of the regular session of 2006.

The department of commerce and consumer affairs shall submit a final report of its findings and recommendations to the legislature no later than twenty days prior to the convening of the regular session of 2008. The final report shall include:

(1) A master list of all rules reviewed by the department of commerce and consumer affairs;

(2) The total number of rules that should remain intact, be amended, and be repealed;

(3) A list, including the rule number and corresponding title, designating which rules should remain intact, be amended, and be repealed;

(4) Recommendations that can be used by other departments for the efficient review of their existing rules;

(5) Recommendations to ensure the timely review of all new rules;

(6) Any other pertinent information about the process used by the department of commerce and consumer affairs in undertaking the administrative rules review pilot program; and

(7) Proposed legislation, if necessary, to facilitate efforts to improve administrative procedure under chapter 91, Hawaii Revised Statutes.

SECTION 3. This Act shall take effect upon its approval and shall be repealed on June 30, 2008.

INTRODUCED BY:

_____________________________