THE SENATE	S.R. NO.	178
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

SENATE RESOLUTION

requesting the regulated industries compliance office to report the ITEMIZED total amount of fines or judgments collected and uncollected each year, from 1983 to present, and to include THAT INFORMATION in the Director of commerce and consumer AFFAIRS' annual Compliance Resolution Fund report.

WHEREAS, the Regulated Industries Complaints Office (RICO) is an enforcement agency within the Department of Commerce and Consumer Affairs (DCCA) that processes individual complaints involving persons who provide specialized trade or professional services to Hawaii consumers that require a license or certification from one of the professional or vocational boards established within the Department of Commerce and Consumer Affairs; and

WHEREAS, as of 2021, RICO's authority covers fifty-two industries and occupations, consisting of more than one hundred seventy thousand active licensees, which are regulated because the services they provide impact the health, safety, or welfare of Hawaii's consumers; and

WHEREAS, RICO is authorized to sue members of the public if they provide consumers with services in a regulated industry without having first obtained the proper license required by law; and

WHEREAS, RICO can also pursue disciplinary action and sanctions against legitimate licensees if their conduct falls below professional or regulatory standards; and

WHEREAS, the money RICO collects from the judgments, sanctions, and fines it obtains or imposes are deposited into the Compliance Resolution Fund, along with other fees collected by DCCA, such as license issuance and renewal fees; and

WHEREAS, the Director of Commerce and Consumer Affairs (Director) is authorized to use the moneys in the Compliance Resolution Fund for operations of the DCCA, hiring attorneys and hearing officers, training personnel, and any other activity related to compliance resolution; and

WHEREAS, the Director is required to prepare and submit an annual report to the Governor and Legislature on the activity of the Compliance Resolution Fund; and

WHEREAS, although RICO collects fines and judgments each year, there are fines and judgments that go uncollected each year; and

WHEREAS, in the interest of government transparency and efficiency, it is critical for the Governor and Legislature be informed of the amount of fines and judgments that RICO collects, and what has gone uncollected, each year; now, therefore,

BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that RICO is requested to provide a report itemizing the total amount of fines or judgments collected and uncollected each year, from 1983 to present, and to include that information in the Director's annual Compliance Resolution Fund report; and

BE IT FURTHER RESOLVED that RICO is requested to submit a report on its findings for the years from 1983 to 2022 to the Legislature no later than twenty days prior to the convening of the Regular Session of 2024; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to Director of Commerce and Consumer Protection.

OFFERED BY:

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Report Title:

Regulated Industries Compliance Office; Department of Commerce and Consumer Affairs; Report; Fines; Judgments