THE SENATE

S.B. NO.

437

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO INTERIM ADMINISTRATIVE RULES OF THE DEPARTMENT OF HAWAIIAN HOME LANDS.

 

 

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

 

     SECTION 1.  The legislature finds that the department of Hawaiian home lands conducts beneficiary consultation, defined as the department of Hawaiian home lands' direct outreach to lessees, applicants, and native Hawaiians as defined by the Hawaiian Homes Commission Act, 1920, as amended, as part of the department of Hawaiian home lands or Hawaiian homes commission's decision-making process.  Beneficiary consultation is conducted prior to initiating the rulemaking process pursuant to chapter 91, Hawaii Revised Statutes.  The rulemaking process lengthens the time required to implement administrative rules.

     The purpose of this Act is to allow the department of Hawaiian home lands to issue interim rules, which shall be exempt from the public hearing and gubernatorial approval requirements of chapter 91, Hawaii Revised Statutes, after beneficiary consultation is conducted as provided for in the department of Hawaiian home lands' administrative rules and upon approval by the Hawaiian homes commission.  The interim rules shall be effective for not more than eighteen months to allow for interim rules to take effect while the department of Hawaiian home lands undertakes the rulemaking process pursuant to chapter 91, Hawaii Revised Statutes, to adopt permanent rules.

     SECTION 2.  Section 222, Hawaiian Homes Commission Act, 1920, as amended, is amended by amending subsection (a) to read as follows:

     "(a)  The department may make such expenditures and shall adopt rules in accordance with chapter 91, Hawaii Revised Statutes, as are necessary for the efficient execution of the functions vested in the department by this Act[.]; provided that:

     (1)  Notwithstanding any other law to the contrary, the department may issue interim rules after beneficiary consultation is conducted, and the rules shall become effective upon the approval of the commission;

     (2)  Interim rules shall be exempt from the public hearing and gubernatorial approval requirements of chapter 91, Hawaii Revised Statutes; and

     (3)  Interim rules shall be effective for not more than eighteen months from the date the interim rules take effect.

All expenditures of the department and all moneys necessary for loans made by the department, in accordance with the provisions of this Act, shall be allowed and paid upon the presentation of itemized vouchers approved by the chairman of the commission or the chairman's designated representative.  The department shall make an annual report to the legislature of the State upon the first day of each regular session and such special reports as the legislature may from time to time require.  The chairman and members of the commission shall give bond as required by law.  The sureties upon the bond and the conditions thereof shall be approved annually by the governor."

     SECTION 3.  The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.

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

     SECTION 5.  This Act shall take effect upon its approval.

 

 

 

Report Title:

Department of Hawaiian Home Lands; Interim rules

 

Description:

Allows the Department of Hawaiian Home Lands to issue interim rules exempt from the public hearing and gubernatorial approval requirements of chapter 91, Hawaii Revised Statutes, after beneficiary consultation is conducted by the Department of Hawaiian Home Lands and upon approval by the Hawaiian Homes Commission.  Requires that the interim rules shall be effective for not more than eighteen months.  (SD1)

 

 

 

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