Bill Text: HI SB164 | 2012 | Regular Session | Amended
Bill Title: Counties; Semi-Autonomous Public Transit Entities; Rule Making
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB164 Detail]
Download: Hawaii-2012-SB164-Amended.html
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THE SENATE |
S.B. NO. |
164 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COUNTY ADMINISTRATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§ - Semi-autonomous public transit entities; rule-making authority. Any county semi-autonomous public transit entity having a governing board may make and from time to time alter, amend, and repeal rules and regulations, pursuant to chapter 91, relating to the planning, construction, operation, maintenance, and expansion of the public transit systems of that county. The rules and regulations shall have the force and effect of law."
SECTION 2. Section 91-1, Hawaii Revised Statutes, is amended to read as follows:
"§91-1 Definitions. For the purpose of this chapter:
[(1) "Agency" means each state or
county board, commission, department, or officer authorized by law to make
rules or to adjudicate contested cases, except those in the legislative or
judicial branches.
(2) "Persons" includes
individuals, partnerships, corporations, associations, or public or private
organizations of any character other than agencies.
(3) "Party" means each person or
agency named or admitted as a party, or properly seeking and entitled as of
right to be admitted as a party, in any court or agency proceeding.
(4) "Rule" means each agency
statement of general or particular applicability and future effect that
implements, interprets, or prescribes law or policy, or describes the
organization, procedure, or practice requirements of any agency. The term does
not include regulations concerning only the internal management of an agency
and not affecting private rights of or procedures available to the public, nor
does the term include declaratory rulings issued pursuant to section 91-8, nor
intra-agency memoranda.
(5) "Contested case" means a
proceeding in which the legal rights, duties, or privileges of specific parties
are required by law to be determined after an opportunity for agency hearing.
(6) "Agency hearing" refers only
to such hearing held by an agency immediately prior to a judicial review of a
contested case as provided in section 91-14.]
"Agency" means each state or county board, authority, commission, department, or officer or each state or county semi-autonomous public entity authorized by law to make rules or to adjudicate contested cases, except those in the legislative or judicial branches.
"Agency hearing" refers only to a hearing held by an agency immediately prior to a judicial review of a contested case as provided in section 91-14.
"Contested case" means a proceeding in which the legal rights, duties, or privileges of specific parties are required by law to be determined after an opportunity for an agency hearing.
"Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any court or agency proceeding."
"Person" includes individuals, partnerships, corporations, associations, or public or private organizations of any character other than agencies.
"Rule" means each agency statement of general or particular applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any agency. The term does not include regulations concerning only the internal management of an agency and not affecting private rights of or procedures available to the public, nor does the term include declaratory rulings issued pursuant to section 91-8, nor intra-agency memoranda."
SECTION 3. Section 91-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The adoption, amendment, or repeal
of any rule by any state agency shall be subject to the approval of the
governor. The adoption, amendment, or repeal of any rule by any county agency
shall be subject to the approval of the mayor of the county. This subsection
shall not apply to the adoption, amendment, and repeal of the rules of the
county boards of water supply[.] and county semi-autonomous public
transit entities."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Counties; Semi-Autonomous Public Transit Entities; Rule Making
Description:
Grants rule-making authorities under chapter 91, Hawaii Revised Statutes, to any county semi-autonomous public transit entity having a governing board; provided that the adoption, amendment, or repeal of any rule by such entities shall not be subject to the approval of the mayor of the county. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
