Report Title:

Electronic Permitting Fees

Description:

Allows certain Department of Health environmental programs to conduct business electronically and withhold sufficient moneys to cover the cost of electronic and credit card provider services.

THE SENATE	S.B. NO.	3073
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ELECTRONIC PERMITTING FEES.

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

     SECTION 1.  The purpose of this Act is to allow certain  environmental programs of the department of health to remove any financial disincentive to conducting electronic business with them.

     SECTION 2.  Chapter 321, Hawaii Revised Statutes is amended by adding a new section to be appropriately designated and to read as follows:

"§321-   Fees for electronic permits.   (a)  Any departmental program that collects fees for the issuance of permits, licenses, certificates, or similar approvals, under chapters 342D, 342H, 342J, 342L, 340E, or 340F, and that is required to deposit those fees to the credit of the general fund, may first deduct any electronic and credit card processing fees and charges to which the department agrees with any electronic services and credit card services providers.

(b)  For purposes of this section, the term "credit card" includes credit cards, charge cards, and debit cards.

(c)  A person making any electronic payment to the department remains liable for the underlying obligation except to the extent that the department realizes final payment of the underlying obligation in cash or the equivalent.  If the credit card issuer, bank, or other guarantor of payment in the transaction does not pay the department, then the underlying obligation survives, and the department retains all remedies for enforcement that would have applied if the transaction had not occurred.  No contract may modify the provisions of this subsection.  This subsection, however, does not make the underlying obligor liable for any electronic or credit card fees paid to an electronic services provider or credit card issuer or party other than the department."

     SECTION 3.  New statutory material is underscored.

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

INTRODUCED BY:	_____________________________
	BY REQUEST