REPORT TITLE:
Internet; Applications, Fees


DESCRIPTION:
Allows the submission of applications and related fees by credit
card via the Internet for noise permits and DCCA applications.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.30         
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO STATE GOVERNMENT APPLICATIONS.



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

 1      SECTION 1.  Section 342F-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  An application for any permit required under this
 
 4 chapter shall be in a form prescribed by the director.  The
 
 5 director shall accept permit applications, related fees payable
 
 6 by credit card, and other prescribed supporting documents via the
 
 7 Internet pursuant to rules adopted under chapter 91."
 
 8      SECTION 2.  Section 26-9, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§26-9  Department of commerce and consumer affairs.  (a)
 
11 The department of commerce and consumer affairs shall be headed
 
12 by a single executive to be known as the director of commerce and
 
13 consumer affairs.
 
14      (b)  The department shall protect the interests of
 
15 consumers, depositors, and investors throughout the State.  It
 
16 shall set standards and enforce all laws and rules governing the
 
17 licensing and operation of, and register and supervise the
 
18 conduct of, trades, businesses, and professions, including banks,
 
19 insurance companies, brokerage firms, and other financial
 

 
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 1 institutions.
 
 2      (c)  The board of acupuncture, board of public accountancy,
 
 3 board of barbering and cosmetology, boxing commission, board of
 
 4 chiropractic examiners, contractors license board, board of
 
 5 dental examiners, board of electricians and plumbers, elevator
 
 6 mechanics licensing board, board of professional engineers,
 
 7 architects, surveyors, and landscape architects, board of massage
 
 8 therapy, board of medical examiners, motor vehicle industry
 
 9 licensing board, motor vehicle repair industry board, board of
 
10 examiners in naturopathy, board of nursing, board of examiners in
 
11 optometry, board of osteopathic examiners, pest control board,
 
12 board of pharmacy, board of physical therapy, board of
 
13 psychology, board of private detectives and guards, real estate
 
14 commission, board of veterinary examiners, board of speech
 
15 pathology and audiology, and any board, commission, program, or
 
16 entity created pursuant to or specified by statute in furtherance
 
17 of the purpose of this section including but not limited to
 
18 section 26H-4, or chapters 484, 514A, and 514E shall be placed
 
19 within the department of commerce and consumer affairs for
 
20 administrative purposes.
 
21      (d)  Except as otherwise provided by this chapter, the
 
22 functions, duties, and powers, subject to the administrative
 

 
 
 
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 1 control of the director of commerce and consumer affairs, and the
 
 2 composition of each board and commission shall be as provided by
 
 3 law.
 
 4      (e)  Notwithstanding any [provision] other law to the
 
 5 contrary, the employment, appointment, promotion, transfer,
 
 6 demotion, discharge, and job descriptions of all officers and
 
 7 employees under the administrative control of this department
 
 8 shall be determined by the director of commerce and consumer
 
 9 affairs subject only to applicable personnel laws.
 
10      (f)  The director of commerce and consumer affairs may
 
11 appoint a hearings officer or officers not subject to chapters 76
 
12 and 77 to hear and decide any case or controversy regarding
 
13 licenses and the application and enforcement of rules involving
 
14 any of the boards, commissions, or regulatory programs within the
 
15 department of commerce and consumer affairs.  The hearings
 
16 officer or officers shall have power to issue subpoenas,
 
17 administer oaths, hear testimony, find facts, and make
 
18 conclusions of law and a recommended decision; provided that the
 
19 conclusions and decisions shall be subject to review and
 
20 redetermination by the officer, board, or commission which would
 
21 have heard the case in the first instance in the absence of a
 
22 hearings officer.  The review shall be conducted in accordance
 

 
 
 
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 1 with chapter 91.
 
 2      (g)  The director of commerce and consumer affairs may
 
 3 appoint an information officer not subject to chapters 76 and 77
 
 4 who shall ensure the prompt and efficient handling of consumer
 
 5 inquiries and the development of a strong consumer education
 
 6 program.
 
 7      (h)  The director may appoint a complaints and enforcement
 
 8 officer not subject to chapters 76 and 77 who shall facilitate
 
 9 the receipt, arbitration, investigation, prosecution, and hearing
 
10 of complaints regarding any person who furnishes commodities,
 
11 services, or real estate for which a license, registration, or
 
12 certificate is required from the department or any board,
 
13 commission, or regulatory program thereunder.  In representing
 
14 the State in bringing any action to enjoin unlicensed,
 
15 unregistered, or uncertified activities, the department of
 
16 commerce and consumer affairs' attorneys shall be empowered to
 
17 exercise all authority granted to the attorney general and to the
 
18 director of the office of consumer protection under sections
 
19 487-12, 487-14, 480-3.1, 480-15, 480-15.1, 480-20(c), and 480-22,
 
20 as these sections now exist and as they subsequently may be
 
21 amended.  The attorneys also shall be empowered to exercise all
 
22 authority granted to the attorney general and to the responsible
 

 
 
 
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 1 attorneys of the various counties under section 92F-13 in all
 
 2 cases involving documents and records within the custody or
 
 3 control of the regulated industries complaints office.
 
 4      (i)  The functions and authority previously exercised by the
 
 5 treasurer (except funds custody, cash management, debt
 
 6 management, and administering of veterans loans transferred to
 
 7 the department of budget and finance) as constituted are
 
 8 transferred to the department of commerce and consumer affairs
 
 9 established by this chapter.  The director of commerce and
 
10 consumer affairs also shall be the commissioner of securities.
 
11      (j)  In the course of an investigation of matters affecting
 
12 the interest of consumers, depositors, or investors, or of any
 
13 other matter within the jurisdiction of the department, the
 
14 director shall have the power to subpoena witnesses, examine
 
15 witnesses under oath, and require the production of books,
 
16 papers, documents, or objects that the director deems relevant or
 
17 material to the inquiry.  Upon application by the director,
 
18 obedience to the subpoena may be enforced by the circuit court in
 
19 the county in which the person subpoenaed resides or is found in
 
20 the same manner as a subpoena issued by the clerk of a circuit
 
21 court.
 
22      The director shall appoint and commission one or more
 

 
 
 
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 1 investigators as the exigencies of the public service may
 
 2 require.  Persons appointed and commissioned under this section
 
 3 may serve subpoenas and serve process and orders pursuant to
 
 4 section 634-21.  Nothing in this subsection shall be construed to
 
 5 entitle persons appointed and commissioned by the director to
 
 6 retirement benefits applicable to police officers under chapter
 
 7 88.
 
 8      (k)  The director may adopt, amend, or repeal rules pursuant
 
 9 to chapter 91 to effectuate the purposes of all laws within the
 
10 jurisdiction of the department of commerce and consumer affairs.
 
11 The director's authority to adopt rules shall not modify, impair,
 
12 or otherwise affect the power of boards and commissions placed
 
13 within the department of commerce and consumer affairs for
 
14 administrative purposes from adopting, amending, or repealing
 
15 rules, except as provided for in subsection (l).
 
16      (l)  [Any] Nothwithstanding any other law to the contrary
 
17 [notwithstanding], the director of commerce and consumer affairs
 
18 may:
 
19      (1)  Establish, increase, decrease, or repeal fees relating
 
20           to any aspect of the registration, certification,
 
21           licensure, or any other administrative process for all
 
22           laws within the jurisdiction of the department.  The
 

 
 
 
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 1           fee assessed shall bear a reasonable relationship
 
 2           between the revenue derived from the fee and the cost
 
 3           or value of services rendered.  Amendments to fee
 
 4           assessments shall be made pursuant to chapter 91;
 
 5      (2)  Assess fees for copies in any form of media of the
 
 6           computerized records of the business registration
 
 7           division or for electronic access to the computerized
 
 8           information on a one-time or on-going basis.  The fees
 
 9           charged for the copies or access may include billing
 
10           service fees, network usage fees, and computer
 
11           consultant fees.  In adopting these fees, the director
 
12           shall take into account the intent to make the division
 
13           self-supporting.  To this end, the fees may reflect the
 
14           commercial value of the service or information
 
15           provided.  In the case of requests for records by a
 
16           nonprofit organization, the director may reduce or
 
17           waive the fees.  This paragraph shall control in any
 
18           instance where there is a conflict between this
 
19           paragraph and any other statute; and
 
20      (3)  Assess fees for copies of consumer and business
 
21           educational publications prepared or issued by the
 
22           department.  Fees collected under this paragraph shall
 

 
 
 
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 1           be deposited into the compliance resolution fund under
 
 2           subsection (o).  The fees assessed shall bear a
 
 3           reasonable relationship between the revenue derived
 
 4           from the fee and the cost of producing the materials
 
 5           issued.  In the case of requests for copies by a
 
 6           nonprofit organization, the director may reduce or
 
 7           waive the fees.  For purposes of this paragraph,
 
 8           "consumer and business educational publications" does
 
 9           not include copies of statutes or administrative rules.
 
10      The fees collected by the professional and vocational
 
11 licensing division and the business registration division shall
 
12 be deposited into the compliance resolution fund under subsection
 
13 (o) and shall be used to defray administrative costs, including
 
14 personnel costs associated with these two programs and costs
 
15 incurred by supporting offices and divisions.
 
16      The director may appoint program specialists, not subject to
 
17 chapters 76 and 77, to assist with the activities of the
 
18 professional and vocational licensing division.
 
19      (m)  Notwithstanding section 92-17 or any other law to the
 
20 contrary, all boards, commissions, and regulatory programs placed
 
21 within the department of commerce and consumer affairs for
 
22 administrative purposes shall delegate their authority to
 

 
 
 
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 1 receive, arbitrate, investigate, and prosecute complaints to the
 
 2 department.
 
 3      (n)  Each board and commission, as well as the director, by
 
 4 written order, may delegate to the executive secretary or other
 
 5 personnel of the department any of its powers or duties as it
 
 6 deems reasonable and proper for the administration of the
 
 7 licensing laws that are within the jurisdiction of the department
 
 8 of commerce and consumer affairs.  The delegated powers and
 
 9 duties may be exercised by the executive secretary or other
 
10 personnel of the department in the name of the board, commission,
 
11 or the director.  However, neither a board, a commission, nor the
 
12 director shall delegate the authority to adopt, amend, or repeal
 
13 rules or take final disciplinary action against a licensee.
 
14      (o)  Every person licensed under any chapter within the
 
15 jurisdiction of the department of commerce and consumer affairs
 
16 and every person licensed subject to chapter 485 or registered
 
17 under chapter 467B shall pay upon issuance of a license, permit,
 
18 certificate, or registration a fee and a subsequent annual fee to
 
19 be determined by the director and adjusted from time to time to
 
20 ensure that the proceeds, together with all other fines, income,
 
21 and penalties collected under this section, do not surpass the
 
22 annual operating costs of conducting compliance resolution
 

 
 
 
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                                     H.B. NO.30         
                                                        
                                                        

 
 1 activities required under this section.  The fees may be
 
 2 collected biennially or pursuant to rules adopted under chapter
 
 3 91, and shall be deposited into the special fund established
 
 4 under this subsection.  Every filing pursuant to chapter 514E or
 
 5 section 485-6(15) shall be assessed, upon initial filing and at
 
 6 each renewal period in which a renewal is required, a fee that
 
 7 shall be prescribed by rules adopted under chapter 91, and that
 
 8 shall be deposited into the special fund established under this
 
 9 subsection.  Any unpaid fee shall be paid by the licensed person,
 
10 upon application for renewal, restoration, reactivation, or
 
11 reinstatement of a license, and by the person responsible for the
 
12 renewal, restoration, reactivation, or reinstatement of a
 
13 license, upon the application for renewal, restoration, or
 
14 reinstatement of the license.  If the fees are not paid, the
 
15 director may deny renewal, restoration, reactivation, or
 
16 reinstatement of the license.  The director may establish,
 
17 increase, decrease, or repeal the fees when necessary pursuant to
 
18 rules adopted under chapter 91.
 
19      There is created in the state treasury a special fund to be
 
20 known as the compliance resolution fund to be expended by the
 
21 director's designated representatives as provided by this
 
22 subsection.  Notwithstanding any law to the contrary, the moneys
 

 
 
 
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 1 in the fund shall consist of annual fees collected under this
 
 2 subsection, section 514A-95, penalties or fines assessed as a
 
 3 result of action brought by department personnel, and penalties,
 
 4 fines, or reimbursement of costs or attorneys' fees assessed as a
 
 5 result of actions brought for violations of chapters 480 and 487.
 
 6 Any law to the contrary notwithstanding, the director may use the
 
 7 moneys in the fund to employ, without regard to chapters 76 and
 
 8 77, hearings officers, investigators, attorneys, accountants, and
 
 9 other necessary personnel to implement this subsection.  In
 
10 addition, the moneys in the fund shall defray all other
 
11 administrative costs, including personnel costs of operating the
 
12 regulated industries complaints office and costs incurred by
 
13 supporting offices and divisions.  The moneys in the fund may be
 
14 used to train personnel as the director deems necessary and for
 
15 any other activity related to compliance resolution.
 
16      As used in this subsection, unless otherwise required by the
 
17 context, "compliance resolution" means a determination of
 
18 whether:
 
19      (1)  Any licensee or applicant under any chapter subject to
 
20           the jurisdiction of the department of commerce and
 
21           consumer affairs has complied with that chapter;
 
22      (2)  Any person subject to chapter 485 has complied with
 

 
 
 
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                                     H.B. NO.30         
                                                        
                                                        

 
 1           that chapter;
 
 2      (3)  Any person submitting any filing required by chapter
 
 3           514E or section 485-6(15) has complied with chapter
 
 4           514E or section 485-6(15);
 
 5      (4)  Any person has complied with the prohibitions against
 
 6           unfair and deceptive acts or practices in trade or
 
 7           commerce; or
 
 8      (5)  Any person subject to chapter 467B has complied with
 
 9           that chapter.
 
10      The director shall prepare and submit an annual report to
 
11 the governor and the legislature on the use of the compliance
 
12 resolution fund.  The report shall describe expenditures made
 
13 from the fund including non-payroll operating expenses.
 
14      (p)  [Any]  Notwithstanding any other law to the contrary
 
15 [notwithstanding], the department of commerce and consumer
 
16 affairs, or any board or commission placed within it for
 
17 administrative purposes, may contract with professional testing
 
18 services to prepare, administer, and grade examinations and tests
 
19 for license applicants.  For these purposes, the department may
 
20 require applicants to pay the examination fee directly to the
 
21 testing agency.
 
22      (q)  [Any] Notwithstanding any other law to the contrary
 

 
 
 
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 1 [notwithstanding], when any type of bond or insurance required to
 
 2 be maintained by any licensee under a regulatory program of the
 
 3 department of commerce and consumer affairs, or of any board or
 
 4 commission assigned to the department of commerce and consumer
 
 5 affairs, cannot reasonably be secured, the department, board, or
 
 6 commission may provide by rule for alternative forms of security
 
 7 to the consumer so long as that alternate security is no less
 
 8 than that provided by the type of bond or insurance initially
 
 9 required.
 
10      (r)  Notwithstanding any other law to the contrary, the
 
11 department of commerce and consumer affairs, or any board or
 
12 commission placed within it for administrative purposes, may
 
13 change any license renewal date by rules adopted in accordance
 
14 with chapter 91.
 
15      (s)  Notwithstanding any other law to the contrary, the
 
16 department of commerce and consumer affairs, or any agency
 
17 attached to the department for administrative purposes, shall
 
18 accept applications for registration, certification, licensure,
 
19 or any other administrative process requiring an application,
 
20 related fees payable by credit card, and other prescribed
 
21 supporting documents via the Internet pursuant to rules adopted
 
22 under chapter 91.
 

 
 
 
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 1      (t)  The director of commerce and consumer affairs may
 
 2 establish advisory committees, the members of which shall serve
 
 3 as consultants to the boards and to the director in their review
 
 4 of licensees referred for possible disciplinary action and as
 
 5 experts to the department for investigations and professional
 
 6 vocational licensing matters.  Each advisory committee shall be
 
 7 appointed by the director from a list of licensees submitted
 
 8 annually by the board or by referral from the regulated industry
 
 9 for which an advisory committee is appointed.  Each member of the
 
10 committee shall serve until a new committee is established or
 
11 until the particular case for which the member was designated a
 
12 consultant or expert has been concluded.
 
13      All members of the advisory committee shall serve
 
14 voluntarily and without compensation, but shall be paid
 
15 reasonable allowances for travel and expenses that may be
 
16 incurred as a result of performance of their duties on the
 
17 committee.  The costs shall be paid by the department.
 
18      Any member of the advisory committee shall be immune from
 
19 civil liability for any act done in connection with this
 
20 subsection."
 
21      SECTION 3.  There is appropriated out of the general
 
22 revenues of the State of Hawaii the sum of $           , or so
 

 
 
 
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 1 much thereof as may be necessary for fiscal year 1999-2000, and
 
 2 the same sum, or so much thereof as may be necessary for fiscal
 
 3 year 2000-2001, to carry out the purposes of section 1 of this
 
 4 Act, including equipment purchases and the hiring and training of
 
 5 necessary staff.  The sum appropriated shall be expended by the
 
 6 department of health for the purposes of this Act.
 
 7      SECTION 4.  There is appropriated out of the general
 
 8 revenues of the State of Hawaii the sum of $           , or so
 
 9 much thereof as may be necessary for fiscal year 1999-2000, and
 
10 the same sum, or so much thereof as may be necessary for fiscal
 
11 year 2000-2001, to carry out the purposes of section 2 of this
 
12 Act, including equipment purchases and the hiring and training of
 
13 necessary staff.  The sum appropriated shall be expended by the
 
14 department of commerce and consumer affairs for the purposes of
 
15 this Act.
 
16      SECTION 5.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 6.  This Act shall take effect on July 1, 1999;
 
19 provided that on June 30, 2002, this Act shall be repealed and
 
20 sections 342F-4 and 26-9, Hawaii Revised Statutes, are reenacted
 
21 in the form in which they read on June 30, 1999.
 
22 
 
23                           INTRODUCED BY: ________________________