THE SENATE

S.B. NO.

2508

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the department of commerce and consumer affairs.

 

 

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

 


SECTION 1. Chapter 231, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"231-   Notification of good standing. Upon request by the department of commerce and consumer affairs regarding the registration, license, or certification of an individual or entity within the jurisdiction of the department of commerce and consumer affairs, the director of taxation shall inform the department of commerce and consumer affairs whether the individual or entity in question is in good standing with the department of taxation. The department of taxation shall notify the department of commerce and consumer affairs that the individual or entity is in good standing after the individual or entity enters into and complies with an agreement with the department of taxation for the payment of any delinquent taxes."

SECTION 2. Section 26-9, Hawaii Revised Statutes, is amended by amending subsection (l) to read as follows:

"(l) Any law to the contrary notwithstanding, the director of commerce and consumer affairs may:

(1) Establish, increase, decrease, or repeal fees relating to any aspect of the registration, certification, licensure, or any other administrative process for all laws within the jurisdiction of the department. Amendments to fee assessments shall be made pursuant to chapter 91;

(2) Assess fees for copies in any form of media of the computerized records of the business registration division or for electronic access to the computerized information on a one-time or on-going basis. The fees charged for the copies or access may include billing service fees, network usage fees, and computer consultant fees. In adopting these fees, the director shall take into account the intent to make the division self-supporting. To this end, the fees may reflect the commercial value of the service or information provided. In the case of requests for records by a nonprofit organization, the director may reduce or waive the fees. This paragraph shall control in any instance where there is a conflict between this paragraph and any other statute; and

(3) Assess fees for copies of consumer and business educational publications prepared or issued by the department. Fees collected under this paragraph shall be deposited into the compliance resolution fund under subsection (o). In the case of requests for copies by a nonprofit organization, the director may reduce or waive the fees. For purposes of this paragraph, "consumer and business educational publications" does not include copies of statutes or administrative rules.

The fees collected by the professional and vocational licensing division and the business registration division shall be deposited into the compliance resolution fund under subsection (o).

The director may appoint program specialists, not subject to chapter 76, to assist with the activities of the professional and vocational licensing division.

If the director requests and receives a certification from a state agency that the licensee or applicant is not in good standing with that state agency, then the director shall revoke or refuse to grant or renew any registration, license, or certification within the jurisdiction of the department. The director may deny the application, or revoke or refuse to grant or renew any registration, license, or certification without further review or hearing. Unless otherwise provided by law, the director shall reinstate, grant, or renew the registration, license, or certification upon notification from the applicable state agency that the licensee or applicant is in good standing with the relevant state agency."

SECTION 3. Section 149A-17, Hawaii Revised Statutes, is amended to read as follows:

"149A-17 Sales, permit, and record[.]; good standing. (a) In addition to licensing requirements applicable to pesticides, every person who sells or distributes restricted use pesticides shall obtain an annual permit from the department. Conditions, procedures, and fees for the permit shall conform to the rules adopted under this section.

All persons permitted to sell restricted use pesticides shall keep records of the individual sales of these pesticides. Records shall be kept at the principal place of business of the permittee for a period specified by the rules and shall be available to the department on request.

(b) Upon request by the department of commerce and consumer affairs regarding the registration, license, or certification of an individual within the jurisdiction of the department of commerce and consumer affairs, the department shall inform the department of commerce and consumer affairs whether the individual in question is in good standing with the department and has not had a permit or certificate denied, suspended, or revoked pursuant to section 149A-18 or 149A-34."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2016.

 

INTRODUCED BY:

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Report Title:

Department of Commerce and Consumer Affairs; Registration; Renewal; License; Permit; Certification; Good Standing; State Agencies

 

Description:

Permits the director of commerce and consumer affairs to revoke or refuse to grant or renew any registration, license, or certification within the jurisdiction of the department of commerce and consumer affairs, if the department requests and receives certification that the licensee or applicant is not in good standing with any other agency of the State, including the department of agriculture pursuant to chapter 149A, Hawaii Revised Statutes, and the department of taxation.

 

 

 

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