Bill Text: HI HB572 | 2024 | Regular Session | Amended

Hawaii House Bill 572

Amended

Bill Title: Relating To Administrative Rulemaking.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Engrossed) 2023-12-11 - Carried over to 2024 Regular Session. [HB572 Detail]

Download: Hawaii-2024-HB572-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	572
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ADMINISTRATIVE RULEMAKING.

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

SECTION 1. Section 91-2.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Beginning January 1, 2000, all state agencies, through the office of the lieutenant governor, shall make available on the website of the office of the lieutenant governor each proposed rulemaking action of the agency and the full text of the agency's proposed rules or changes to existing rules[.] in Ramseyer format, showing the proposed language for repeal by brackets and strike-through and the proposed new material by underscoring, including citation to any existing rule or part thereof affected by the proposed repeal or new material, and using parallel columns or other appropriate stylistic devices to aid the reader. The full text of the agency's proposed rules shall be in a digitally accessible and searchable format. The internet website shall provide instructions regarding how to download the information regarding proposed rulemaking actions and the full text of the agency's proposed rules."

SECTION 2. Section 91-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided in this section, prior to the adoption of any rule authorized by law, or the amendment or repeal thereof, the adopting agency shall:

(1) Give at least thirty days' notice for a public hearing. The notice shall include:

(A) A statement of the topic of the proposed rule adoption, amendment, or repeal or a general description of the subjects involved; [~~and~~]

(B) A statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy[,] and pays the required fees for the copy and the postage, if any, together with a description of where and how the requests may be made;

(C) A statement of when, where, and during what times the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed may be reviewed in person; and

(D) The date, time, and place where the public hearing will be held and where interested persons may be heard on the proposed rule adoption, amendment, or repeal.

The notice shall be mailed and electronically provided to all persons who have made a timely written request of, and provided a valid working email address to, the agency for advance notice of its rulemaking proceedings, given at least once statewide for state agencies and in the county for county agencies. Proposed state agency rules shall also be posted on the Internet as provided in section 91-2.6; and

(2) Afford all interested persons an opportunity to submit data, views, or arguments, orally or in writing. The agency shall fully consider all written and oral submissions respecting the proposed rule. The agency may make its decision at the public hearing or announce [~~then~~] the date [~~when~~] it intends to make its decision. Upon adoption, amendment, or repeal of a rule, the agency, if requested to do so by an interested person, shall issue a concise statement of the principal reasons for and against its determination."

SECTION 3. Section 91-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Each agency adopting, amending, or repealing a rule, upon approval thereof by the governor or the mayor of the county, shall file forthwith certified copies thereof with the lieutenant governor in the case of the State, or with the clerk of the county in the case of a county. In addition, the clerks of all of the counties shall file forthwith certified copies thereof with the lieutenant governor. A permanent register of the rules, open to public inspection, shall be kept by the lieutenant governor and the clerks of the counties. All state agencies, through the office of the lieutenant governor, shall make available on the website of the office of the lieutenant governor, the rule being adopted, amended, or repealed, showing in Ramseyer format the proposed language for repeal by brackets and strike-through and the proposed new material by underscoring, including citation to any existing rule or part thereof affected by the proposed repeal or new material, and using parallel columns or other appropriate stylistic devices to aid the reader. The full text of the agency's proposed rules shall be in a digitally accessible and searchable format."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on June 30, 3000.

Report Title:

Administrative Rulemaking; Electronic Notice

Description:

Requires that prior to the adoption, amendment, or repeal of an administrative rule, electronic notice of the proposed rulemaking be provided to all persons who have made a timely written request to, and provided a valid working email address to, the adopting agency for advance notice of its rulemaking proceedings. Requires that alterations to administrative rules be displayed in Ramseyer format and the full text of rules be made available in a digitally accessible and searchable format. Effective 6/30/3000. (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.