SB 55: RELATING TO ADMINISTRATIVE RULES.

A BILL FOR AN ACT

RELATING TO ADMINISTRATIVE RULES.

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.  Beginning January 1, 2027, the full text of the agency's proposed rules shall be in a digitally accessible and searchable format that meets or exceeds the most current, ratified standards under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended.  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 91-4, 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] of the rules 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] of the rules 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.  Beginning January 1, 2027, all state agencies, through the office of the lieutenant governor, shall make available on the website of the office of the lieutenant governor the full text of the rules of the agency in a digitally accessible and searchable format that meets or exceeds the most current, ratified standards under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect January 1, 2525.

Report Title:

Administrative Rules; Rulemaking; Agencies; Digital Accessibility; Searchability; Formatting

Description:

Beginning 1/1/2027, requires all state agencies to make the full text of their rules available on the website of the Office of the Lieutenant Governor in a digitally accessible and searchable format that meets or exceeds certain federal standards.  Effective 1/1/2525.  (SD1)

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

A BILL FOR AN ACT

relating to administrative rules.

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.  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 91-4, 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] of the rules 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] of the rules 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 full text of the rules of the agency in a digitally accessible and searchable format."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Administrative Rules; Rulemaking; Agencies; Digital Accessibility; Searchability; Formatting

Description:

Requires all state agencies adopting, amending, or repealing a rule to make the full text of the rules of the agency available on the website of the Office of the Lieutenant Governor in a digitally accessible and searchable format.

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

STAND. COM. REP. NO. 872

Honolulu, Hawaii

RE:    S.B. No. 55

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 55, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE RULES,"

begs leave to report as follows:

     The purpose and intent of this measure is to require all state agencies to make the full text of their rules available on the website of the Office of the Lieutenant Governor in a digitally accessible and searchable format that meets or exceeds certain federal standards.  

     Your Committee received testimony in support of this measure from Public First Law Center, Grassroot Institute of Hawaii, Life of the Land, and five individuals.

     Your Committee received comments on this measure from the Office of the Lieutenant Governor.

     Your Committee finds that it is critical to increase transparency in agency rulemaking processes across all entities of the State.  In order to allow for more public engagement, increasing the availability of administrative rules, which administer many aspects of life for Hawaii residents, it is imperative for the State to designate requisites for the dissemination of governmental information.  Due to the significance of administrative rules, your Committee believes that it is necessary to address the lack of a platform that would make it possible for the public to track proposed changes to any agency's administrative rules.  Accordingly, this measure will align the State's commitment to governmental transparency through the creation of a statewide system to increase accessibility for each state agency's rules.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 55, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 183

Honolulu, Hawaii

RE:    S.B. No. 55

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Government Operations, to which was referred S.B. No. 55 entitled:

"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE RULES,"

begs leave to report as follows:

     The purpose and intent of this measure is to require all state agencies to make the full text of their rules digitally accessible on the website of the Office of the Lieutenant Governor in a searchable format.

     Your Committee received testimony in support of this measure from the Grassroot Institute of Hawaii, League of Women Voters of Hawaii, Public First Law Center, and three individuals.

     Your Committee received comments on this measure from the Office of the Lieutenant Governor.

     Your Committee finds that increasing accessibility and transparency in government to promote civic engagement is a crucial goal for the State.  Administrative rules, which govern many aspects of daily life and business for residents, are not currently subject to a statewide system that allows the public to easily identify and review them.  This measure will address this information gap by requiring the full text of each state agencies' rules to be displayed on the website of the Office of the Lieutenant Governor in a digitally accessible, searchable format.

     Your Committee has amended this measure by:

     (1)  Changing the implementation date to January 1, 2027, to afford state agencies with necessary preparation time;

     (2)  Specifying that the digitally accessible and searchable format must meet or exceed the most current standards of the Rehabilitation Act of 1973, to remove ambiguity and uphold best practices; and

     (3)  Inserting an effective date of January 1, 2525, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 55, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 55, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Government Operations,