Bill Text: HI HB1124 | 2019 | Regular Session | Amended

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Bill Title: Relating To The Department Of Commerce And Consumer Affairs.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2019-03-07 - Referred to CPH, WAM. [HB1124 Detail]

Download: Hawaii-2019-HB1124-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1124
THIRTIETH LEGISLATURE, 2019		H.D. 2
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:

 

PART I.  GENERAL PROVISIONS

     SECTION 1.  The purpose of parts I and II of this Act is to establish the operating budget for the fiscal biennium beginning July 1, 2019, and ending June 30, 2021, for state executive branch programs under the purview of the house of representatives standing committee on intrastate commerce.

     SECTION 2.  DEFINITIONS.  Unless otherwise clear from the context, as used in parts I and II of this Act:

     Abbreviations, where used to denote the expending agency or a standing committee of the house of representatives, shall mean the following:

CCA  Department of commerce and consumer affairs

IAC  House of representatives standing committee on intrastate commerce

     "Expending agency" means the executive department, independent commission, bureau, office, board, or other establishment of the state government (other than the legislature, office of Hawaiian affairs, and judiciary), the political subdivisions of the State, or any quasi-public institution supported in whole or in part by state funds, which is authorized to expend specified appropriations made by this Act.

     "Means of financing" or "MOF" means the source from which funds are appropriated or authorized to be expended for the programs and projects specified in this Act.  All appropriations are followed by letter symbols.  These letter symbols, where used, shall have the following meanings:

     B    Special funds

     T    Trust funds

     "Position ceiling" means the maximum number of permanent and temporary full-time equivalent positions authorized for a particular program during a specified period or periods, as denoted by an asterisk for permanent full-time equivalent positions and a pound sign for temporary full-time equivalent positions.

     "Program ID" means the unique identifier for the specific program and consists of the abbreviation for the organization responsible for carrying out the program followed by the organization number for the program.

PART II.  PROGRAM APPROPRIATIONS

     SECTION 3.  APPROPRIATIONS.  The following sums, or so much thereof as may be sufficient to accomplish the purposes and programs designated herein, are hereby appropriated or authorized, as the case may be, from the means of financing specified to the expending agency designated for the fiscal biennium beginning July 1, 2019, and ending June 30, 2021.  The total expenditures and the number of positions in each fiscal year of the biennium shall not exceed the sums and the number indicated for each fiscal year, except as provided elsewhere in this Act, or as provided by general law.

 

PROGRAM APPROPRIATIONS
					APPROPRIATIONS
ITEM NO.	PROG. ID	PROGRAM	EXPENDING AGENCY	FISCAL YEAR 2019-2020		M O F	FISCAL YEAR 2020-2021	M O F

 

IAC - INTRASTATE COMMERCE

1.   CCA102 - CABLE TELEVISION

                                        8.00*        8.00*

OPERATING                    CCA      2,647,986B    2,647,986B

                           CCA              T           T

 

PART III.  CABLE OPERATOR FEES

     SECTION 4.  Section 440G-15, Hawaii Revised Statutes, is amended to read as follows:

     "§440G-15  Annual fees.  (a)  Each cable operator shall pay an annual fee [to be determined by the director.] of 4.5 per cent of the income received from subscribers for cable services rendered during the preceding year; provided that:

     (1)  The annual fee shall be paid by the cable operator to the department before February 1 of each year;

     (2)  The director may decrease the amount of the annual fee by decision and order if the director determines that the existing annual fee exceeds the amount necessary to cover the costs of administering this chapter; and

     (3)  The fees [so] collected under this section shall be deposited into the compliance resolution fund established under section 26-9(o).

     [(b)  The director shall adjust the fees assessed under this section, as necessary from time to time, pursuant to rules adopted in accordance with chapter 91.]

     (b)  The amount of the annual fee to be assessed for each cable operator regulated under this chapter shall be determined as follows:

     (1)  The total amount to be assessed of cable operators shall be calculated based on the director's proposed fiscal year budget, less funds in the cable operators subaccount of the compliance resolution fund on June 30 of the fiscal year immediately preceding the fiscal year of the proposed budget and less the commissioner's anticipated revenues;

     (2)  The assessments shall bear a reasonable relationship to the costs of regulating cable operators, including any administrative costs of the division; and

     (3)  The sum total of all assessments made and collected shall not exceed the special fund ceiling or ceilings related to the fund that are established by the legislature; provided that the total assessments for all cable operators in any one fiscal year shall not exceed $        .

     (c)  For the purposes of this section, "income received from subscribers for cable services" means revenues derived from the supplying of regular subscriber service and shall include installation fees, disconnect and reconnect fees, and fees for regular cable benefits.  It shall not include per-program or per-channel charges, leased channel revenues, advertising revenues, and other income derived from the cable system."

PART IV.  GENERAL PROVISIONS

     SECTION 5.  If any portion of this Act or its application to any person, entity, or circumstance is held to be invalid for any reason, then the legislature declares that the remainder of the Act and each and every other provision thereof shall not be affected thereby.  If any portion of a specific appropriation is held to be invalid for any reason, the remaining portion shall be expended to fulfill the objective of the appropriation to the extent possible.

     SECTION 6.  If manifest clerical, typographical, or other mechanical errors are found in part I or part II of this Act, the governor may correct the errors.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2030; provided that section 4 shall take effect on January 1, 2020.

 

 

Report Title:

State Budget; DCCA; Cable Television; CCA102; IAC; Cable Operators; Annual Fee

 

Description:

Appropriates funds for Fiscal Biennium 2019-21 for operations of the Department of Commerce and Consumer Affairs division under Program ID CCA102 - Cable Television, which is under the purview of the House of Representatives Standing Committee on Intrastate Commerce.  Sets the annual fee assessed on cable operators at 4.5 percent of the income received from subscribers for cable services rendered during the preceding calendar year.  Authorizes the Director of Commerce and Consumer Affairs to reduce the fee by decision and order if the amount exceeds the amount necessary to administer chapter 440G, Hawaii Revised Statutes.  Establishes criteria to determine the amount of the fee.  (HB1124 HD2)

 

 

 

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