Hawaii 2022 Regular Session

Hawaii Senate Bill SB2998 Compare Versions

OldNewDifferences
1-THE SENATE S.B. NO. 2998 THIRTY-FIRST LEGISLATURE, 2022 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO RECYCLING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1+THE SENATE S.B. NO. 2998 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to recycling. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
22
33 THE SENATE S.B. NO. 2998
4-THIRTY-FIRST LEGISLATURE, 2022 S.D. 1
4+THIRTY-FIRST LEGISLATURE, 2022
55 STATE OF HAWAII
66
77 THE SENATE
88
99 S.B. NO.
1010
1111 2998
1212
1313 THIRTY-FIRST LEGISLATURE, 2022
1414
15-S.D. 1
15+
1616
1717 STATE OF HAWAII
1818
1919
2020
2121
2222
2323
2424
2525
2626
2727
2828
2929
3030
3131 A BILL FOR AN ACT
3232
3333
3434
3535
3636
3737 relating to recycling.
3838
3939
4040
4141
4242
4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
4444
4545
4646
47- SECTION 1. The legislature finds that the office of the auditor conducts a financial and program audit of the department of health's deposit beverage container program every other year. Time after time, these audits demonstrate the program's failure to develop and execute procedures to verify the accuracy and completeness of data used to support claims of the deposit and container fees paid to the program by the distributors, as well as deposits and handling fees paid to the redemption centers. Without such procedures, the program relies on self-reported data and accepts that cash receipts from the distributors and payments made to redemption centers are accurate and complete. As a result, these audits have found inaccuracies and possible fraudulent reporting in the data used in these calculations. In the auditor's 2019 report to the legislature, one of the recommendations made for the deposit beverage container program management was to develop a risk-based process to select, for periodic audit, certain distributor and redemption center reports submitted to the program. Therefore, the purpose of this Act is to require the department of health to develop a risk-based process to help remedy the flaws in the deposit beverage container program. SECTION 2. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows: "§342G- Risk-based selection process; audit. (a) The department shall develop a risk-based process to select, for periodic audit, certain deposit beverage distributor and redemption center reports submitted to the deposit beverage container program. The department may hire personnel or external consultants to perform the audits. In developing a risk-based process to audit certain deposit beverage distributor and redemption center reports, the department shall: (1) Consider a variety of risk factors, including but not limited to the amount of money transacted, prior audit findings, and frequency of the deposit beverage distributor's or redemption center's prior audits; (2) Require deposit beverage distributors to send monthly or semi-annual distribution reports and supporting records, such as schedules of invoices, shipping documents, point‑of‑sale reports, and other documentation as required by the department, to the deposit beverage container program; and (3) Ensure that the audit process includes a risk assessment derived from deposit beverage distributor and redemption center data based on the reports submitted, including but not limited to carrying out analytics and trend analyses to target certain deposit beverage distributors and redemption centers having unusual fluctuations. (b) The department shall: (1) Summarize the results of the deposit beverage distributor and redemption center audits and assess whether enforcement actions should be considered to ensure that the amounts that are being reported are accurate; (2) Consider conducting follow-up audits; and (3) Consider publicly announcing violations. (c) All deposit beverage distributors shall: (1) Develop and submit to the deposit beverage container program for approval an internal control process to ensure that the monthly or semi-annual distribution report forms contain accurate data and that adequate records are maintained; and (2) Obtain independent audits for years ending in an odd number." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval.
47+ SECTION 1. The legislature finds that the office of the auditor conducts a financial and program audit of the department of health's deposit beverage container program every other year. Time after time, these audits demonstrate the program's failure to develop and execute procedures to verify the accuracy and completeness of data used to support claims of the deposit and container fees paid to the program by the distributors, as well as deposits and handling fees paid to the redemption centers. Without such procedures, the program relies on self-reported data and accepts that cash receipts from the distributors and payments made to redemption centers are accurate and complete. As a result, these audits found inaccuracies and possible fraudulent reporting in the data used in these calculations. In the auditor's 2019 report to the legislature, one of the recommendations for the deposit beverage container program management was to develop a risk-based process to select distributor and redemption center reports submitted to the program to audit on a periodic basis. Therefore, the purpose of this Act is to require the department of health to develop a risk-based process to help remedy the flaws in the deposit beverage container program. SECTION 2. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows: "§342G- Risk-based selection process; audit. (a) The department shall develop a risk-based process to select deposit beverage distributor and redemption center reports submitted to the deposit beverage container program for periodic audit. The department may hire personnel or external consultants to perform the audits. In developing a risk-based process to monitor deposit beverage distributors and redemption centers, the department shall: (1) Consider a variety of risk factors, including but not limited to the amount of money transacted, prior audit findings, and frequency of the deposit beverage distributor's or redemption center's prior audits; (2) Require deposit beverage distributors to send monthly or semi-annual distribution reports and supporting records, such as schedules of invoices, shipping documents, point‑of‑sale reports, and other documentation as required by the department, to the deposit beverage container program on a periodic basis; and (3) Ensure that the audit process includes a risk assessment derived from deposit beverage distributor and redemption center data based on the reports submitted, including but not limited to performing analytics and trend analyses to target certain deposit beverage distributors and redemption centers with unusual fluctuations. (b) The department shall: (1) Summarize the results of deposit beverage distributor and redemption center audits and assess whether enforcement actions should be considered to ensure amounts that are being reported are appropriate; (2) Consider conducting follow-up audits; and (3) Consider public announcements of violations. (c) All deposit beverage distributors shall: (1) Develop and submit to the deposit beverage container program for approval an internal control process to ensure that accurate data is entered on the monthly or semi-annual distribution report forms and adequate records are maintained; and (2) Obtain independent audits for years ending in an odd number." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
4848
49- SECTION 1. The legislature finds that the office of the auditor conducts a financial and program audit of the department of health's deposit beverage container program every other year. Time after time, these audits demonstrate the program's failure to develop and execute procedures to verify the accuracy and completeness of data used to support claims of the deposit and container fees paid to the program by the distributors, as well as deposits and handling fees paid to the redemption centers. Without such procedures, the program relies on self-reported data and accepts that cash receipts from the distributors and payments made to redemption centers are accurate and complete. As a result, these audits have found inaccuracies and possible fraudulent reporting in the data used in these calculations. In the auditor's 2019 report to the legislature, one of the recommendations made for the deposit beverage container program management was to develop a risk-based process to select, for periodic audit, certain distributor and redemption center reports submitted to the program.
49+ SECTION 1. The legislature finds that the office of the auditor conducts a financial and program audit of the department of health's deposit beverage container program every other year. Time after time, these audits demonstrate the program's failure to develop and execute procedures to verify the accuracy and completeness of data used to support claims of the deposit and container fees paid to the program by the distributors, as well as deposits and handling fees paid to the redemption centers. Without such procedures, the program relies on self-reported data and accepts that cash receipts from the distributors and payments made to redemption centers are accurate and complete. As a result, these audits found inaccuracies and possible fraudulent reporting in the data used in these calculations. In the auditor's 2019 report to the legislature, one of the recommendations for the deposit beverage container program management was to develop a risk-based process to select distributor and redemption center reports submitted to the program to audit on a periodic basis.
5050
5151 Therefore, the purpose of this Act is to require the department of health to develop a risk-based process to help remedy the flaws in the deposit beverage container program.
5252
5353 SECTION 2. Chapter 342G, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:
5454
55- "§342G- Risk-based selection process; audit. (a) The department shall develop a risk-based process to select, for periodic audit, certain deposit beverage distributor and redemption center reports submitted to the deposit beverage container program. The department may hire personnel or external consultants to perform the audits. In developing a risk-based process to audit certain deposit beverage distributor and redemption center reports, the department shall:
55+ "§342G- Risk-based selection process; audit. (a) The department shall develop a risk-based process to select deposit beverage distributor and redemption center reports submitted to the deposit beverage container program for periodic audit. The department may hire personnel or external consultants to perform the audits. In developing a risk-based process to monitor deposit beverage distributors and redemption centers, the department shall:
5656
5757 (1) Consider a variety of risk factors, including but not limited to the amount of money transacted, prior audit findings, and frequency of the deposit beverage distributor's or redemption center's prior audits;
5858
59- (2) Require deposit beverage distributors to send monthly or semi-annual distribution reports and supporting records, such as schedules of invoices, shipping documents, point‑of‑sale reports, and other documentation as required by the department, to the deposit beverage container program; and
59+ (2) Require deposit beverage distributors to send monthly or semi-annual distribution reports and supporting records, such as schedules of invoices, shipping documents, point‑of‑sale reports, and other documentation as required by the department, to the deposit beverage container program on a periodic basis; and
6060
61- (3) Ensure that the audit process includes a risk assessment derived from deposit beverage distributor and redemption center data based on the reports submitted, including but not limited to carrying out analytics and trend analyses to target certain deposit beverage distributors and redemption centers having unusual fluctuations.
61+ (3) Ensure that the audit process includes a risk assessment derived from deposit beverage distributor and redemption center data based on the reports submitted, including but not limited to performing analytics and trend analyses to target certain deposit beverage distributors and redemption centers with unusual fluctuations.
6262
6363 (b) The department shall:
6464
65- (1) Summarize the results of the deposit beverage distributor and redemption center audits and assess whether enforcement actions should be considered to ensure that the amounts that are being reported are accurate;
65+ (1) Summarize the results of deposit beverage distributor and redemption center audits and assess whether enforcement actions should be considered to ensure amounts that are being reported are appropriate;
6666
6767 (2) Consider conducting follow-up audits; and
6868
69- (3) Consider publicly announcing violations.
69+ (3) Consider public announcements of violations.
7070
7171 (c) All deposit beverage distributors shall:
7272
73- (1) Develop and submit to the deposit beverage container program for approval an internal control process to ensure that the monthly or semi-annual distribution report forms contain accurate data and that adequate records are maintained; and
73+ (1) Develop and submit to the deposit beverage container program for approval an internal control process to ensure that accurate data is entered on the monthly or semi-annual distribution report forms and adequate records are maintained; and
7474
7575 (2) Obtain independent audits for years ending in an odd number."
7676
7777 SECTION 3. New statutory material is underscored.
7878
7979 SECTION 4. This Act shall take effect upon its approval.
8080
81- Report Title: DOH; Deposit Beverage Container Program; Auditor Recommendations; Risk-based Selection Process; Distributors; Redemption Centers Description: Requires the Department of Health to implement the Auditor's recommendations for the Deposit Beverage Container program, including developing a risk-based selection process to select reports submitted by certain distributors and redemption centers for audit. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
81+
82+
83+INTRODUCED BY: _____________________________
84+
85+INTRODUCED BY:
86+
87+_____________________________
88+
89+
90+
91+
92+
93+ Report Title: Deposit Beverage Container Program; Auditor Recommendations; Risk-based Selection Process; Distributors; Redemption Centers Description: Requires the department of health to implement the auditor's recommendations for the deposit beverage container program, including developing a risk-based selection process to select reports submitted by distributors and redemption centers for audit. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
8294
8395
8496
8597
8698
8799 Report Title:
88100
89-DOH; Deposit Beverage Container Program; Auditor Recommendations; Risk-based Selection Process; Distributors; Redemption Centers
101+Deposit Beverage Container Program; Auditor Recommendations; Risk-based Selection Process; Distributors; Redemption Centers
90102
91103
92104
93105 Description:
94106
95-Requires the Department of Health to implement the Auditor's recommendations for the Deposit Beverage Container program, including developing a risk-based selection process to select reports submitted by certain distributors and redemption centers for audit. (SD1)
107+Requires the department of health to implement the auditor's recommendations for the deposit beverage container program, including developing a risk-based selection process to select reports submitted by distributors and redemption centers for audit.
96108
97109
98110
99111
100112
101113
102114
103115 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.