Bill Text: HI SCR56 | 2013 | Regular Session | Introduced
Bill Title: Administrative Procedure Act; Rulemaking; Model State Administrative Procedure Act
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2013-03-12 - Referred to JDL, WAM. [SCR56 Detail]
Download: Hawaii-2013-SCR56-Introduced.html
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THE SENATE |
S.C.R. NO. |
56 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
requesting the Legislative Reference Bureau to convene a task force to study the state ADMINISTRATIVE rulemaking process and propose improvements for efficiency.
WHEREAS, over one half of the states, including Hawaii, adopted, all or in large parts, the revised 1961 Model State Administrative Procedure Act, which followed a "model" approach to accommodate the varying needs from state to state; and
WHEREAS, since then, the core provisions of the Hawaii Administrative Procedure Act have remained substantially unchanged, while the Model State Administrative Procedure Act has been revised twice, in 1981 and 2010; and
WHEREAS, the 2010 Model State Administrative Procedure Act is designed especially for adoption by states that currently have the 1961 Act, but would like to replace that act with a more modern and updated administrative procedure act; and
WHEREAS, the revised 2010 Model State Administrative Procedure Act is divided into eight substantive articles:
(1) Article I contains extensive definitions of key terms used throughout the act which are supplemented in individual articles by terms used only in those articles;
(2) Article II contains provisions ensuring public access to agency law and policy and modernizes and codifies publishing responsibilities for agencies that have primary responsibility for rules publishing and for agencies that adopt rules;
(3) Article III contains provisions governing rulemaking by agencies, including new provisions relating to negotiated rulemaking, regulatory analysis, direct final rulemaking, and guidance documents;
(4) Article IV contains provisions governing adjudication by agencies;
(5) Article V contains provisions governing judicial review of final agency action, including the right to judicial review and finality of agency, relation to other judicial review law, time for seeking judicial review, stays pending appeal, standing, exhaustion of administrative remedies, and the scope of review;
(6) Article VI contains the essential provisions of law that a state legislature would need to create a central panel agency;
(7) Article VII contains provisions related to legislative review of agency rules, including legislative rules review; and
(8) Article VIII contains provisions governing applicability of the 2010 Model State Administrative Procedure Act, relation to other Acts, repeals, and effective date; and
WHEREAS, the 2010 Model State Administrative Procedure Act is also designed to ensure fairness in administrative proceedings, increase public access to the law administered by agencies, and promote efficiency in agency proceedings by providing an extensive use of electronic technology by state governments; and
WHEREAS, to help insure that the State is using the most efficient and streamlined rulemaking procedures, a task force can review and evaluate the 2010 Model State Administrative Procedure Act and provide recommendations for any adoptions that might improve the current state rulemaking procedures; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the House of Representatives concurring, that the Legislative Reference Bureau is requested to establish a task force on rulemaking to review the 2010 Model State Administrative Procedure Act and present, if any, recommendations to improve the State's administrative rulemaking procedures; and
BE IT FURTHER RESOLVED that the Lieutenant Governor, or the Lieutenant Governor's designee, is requested to serve as Chairperson of the task force; and
BE IT FURTHER RESOLVED that the task force is requested to include the following members:
(1) Director of the Office of Information Practices;
(2) Attorney General or Attorney General's designee;
(3) Director of the Legislative Reference Bureau;
(4) One representative from the Commission to Promote Uniform Legislation other than a representative of the Legislative Reference Bureau, to be appointed by the Governor; and
(5) Others, as deemed appropriate by the Chairperson of the task force; and
BE IT FURTHER RESOLVED that the task force is requested to evaluate the current state administrative rulemaking procedures, review the 2010 Model State Administrative Procedure Act, and suggest improvements, if any, for the current state rulemaking procedures adopted from the 2010 Model State Administrative Procedure Act; and
BE IT FURTHER RESOLVED that the task force is requested to report to the Legislature on its findings and recommendations, including any proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2014; and
BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to assist the task force in drafting legislation to implement the task force's recommendations; provided that the task force submits its recommendations and proposed legislation, if any, to the Bureau no later than November 1, 2013; and
BE IT FURTHER RESOLVED that the task force be dissolved on June 30, 2014; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Lieutenant Governor, Director of the Office of Information Practices, Attorney General, Commission to Promote Uniform Legislation, and Director of the Legislative Reference Bureau.
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OFFERED BY: |
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Administrative Procedure Act; Rulemaking; Model State Administrative Procedure Act
