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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
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:

 1      SECTION 1.  Section 26-9, Hawaii Revised Statues, is amended
 
 2 by amending subsection (i) to read as follows:
 
 3      "(i)  The functions and authority previously exercised by
 
 4 the treasurer (except funds custody, cash management, debt
 
 5 management, and administering of veterans loans transferred to
 
 6 the department of budget and finance) as constituted are
 
 7 transferred to the department of commerce and consumer affairs
 
 8 established by this chapter.  [The director of commerce and
 
 9 consumer affairs also shall be the commissioner of securities.]"
 
10      SECTION 2.  Section 26-9, Hawaii Revised Statues, is amended
 
11 by amending subsection (l) to read as follows:
 
12      "(l) Any law to the contrary notwithstanding, the director
 
13           of commerce and consumer affairs may:
 
14           (1)  Establish, increase, decrease, or repeal fees
 
15                relating to any aspect of the registration,
 
16                certification, licensure, or any other
 
17                administrative process for all laws within the
 
18                jurisdiction of the department.  [The fee assessed
 
19                shall bear a reasonable relationship between the
 

 
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 1                revenue derived from the fee and the cost or value
 
 2                of services rendered.]  Amendments to fee
 
 3                assessments shall be made pursuant to chapter 91;
 
 4           (2)  Assess fees for copies in any form of media of the
 
 5                computerized records of the business registration
 
 6                division or for electronic access to the
 
 7                computerized information on a one-time or on-going
 
 8                basis.  The fees charged for the copies or access
 
 9                may include billing service fees, network usage
 
10                fees, and computer consultant fees.  In adopting
 
11                these fees, the director shall take into account
 
12                the intent to make the division self-supporting.
 
13                To this end, the fees may reflect the commercial
 
14                value of the service or information provided.  In
 
15                the case of requests for records by a nonprofit
 
16                organization, the director may reduce or waive the
 
17                fees.  This paragraph shall control in any
 
18                instance where there is a conflict between this
 
19                paragraph and any other statute; and
 
20           (3)  Assess fees for copies of consumer and business
 
21                educational publications prepared or issued by the
 
22                department.  Fees collected under this paragraph
 
23                shall be deposited into the compliance resolution
 

 
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 1                fund under subsection (o).  [The fees assessed
 
 2                shall bear a reasonable relationship between the
 
 3                revenue derived from the fee and the cost of
 
 4                producing the materials issued.]  In the case of
 
 5                requests for copies by a nonprofit organization,
 
 6                the director may reduce or waive the fees.  For
 
 7                purposes of this paragraph, "consumer and business
 
 8                educational publications" does not include copies
 
 9                of statutes or administrative rules.
 
10                The fees collected by the professional and
 
11                vocational licensing division and the business
 
12                registration division shall be deposited into the
 
13                compliance resolution fund under subsection (o)
 
14                [and shall be used to defray administrative costs,
 
15                including personnel costs associated with these
 
16                two programs and costs incurred by supporting
 
17                offices and divisions]. The director may appoint
 
18                program specialists, not subject to chapter 76 and
 
19                77, to assist with the activities of the
 
20                professional and vocational licensing division."
 
21      SECTION 3.  Section 26-9, Hawaii Revised Statues, is amended
 
22 by amending subsection (o) to read as follows:
 
23      "(o)  Every person licensed under any chapter within the
 

 
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 1 jurisdiction of the department of commerce and consumer affairs
 
 2 and every person licensed subject to chapter 485 or registered
 
 3 under chapter 467B shall pay upon issuance of a license, permit,
 
 4 certificate, or registration a fee and a subsequent annual fee to
 
 5 be determined by the director and adjusted from time to time to
 
 6 ensure that the proceeds, together with all other fines, income,
 
 7 and penalties collected under this section, do not surpass the
 
 8 annual operating costs of conducting compliance resolution
 
 9 activities required under this section.  The fees may be
 
10 collected biennially or pursuant to rules adopted under chapter
 
11 91, and shall be deposited into the special fund established
 
12 under this subsection. Every filing pursuant to chapter 514E or
 
13 section 485-6(15) shall be assessed, upon initial filing and at
 
14 each renewal period in which a renewal is required, a fee that
 
15 shall be prescribed by rules adopted under chapter 91, and that
 
16 shall be deposited into the special fund established under this
 
17 subsection.  Any unpaid fee shall be paid by the licensed person,
 
18 upon application for renewal, restoration, reactivation, or
 
19 reinstatement of a license, and by the person responsible for the
 
20 renewal, restoration, reactivation, or reinstatement of a
 
21 license, upon the application for renewal, restoration, or
 
22 reinstatement of the license.  If the fees are not paid, the
 
23 director may deny renewal, restoration, reactivation, or
 

 
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 1 reinstatement of the license.  The director may establish,
 
 2 increase, decrease, or repeal the fees when necessary pursuant to
 
 3 rules adopted under chapter 91. There is created in the state
 
 4 treasury a special fund to be known as the compliance resolution
 
 5 fund to be expended by the director's designated representatives
 
 6 as provided by this subsection. Notwithstanding any law to the
 
 7 contrary, [the moneys in the fund shall consist of] all revenues,
 
 8 fees and fines collected by the department shall be deposited
 
 9 into the compliance resolution fund. Unencumbered balances
 
10 existing on June 30, 1999 in the cable television fund, the
 
11 division of consumer advocacy fund, the financial institution
 
12 examiners' revolving fund, and the special handling fund special
 
13 handling fund, shall be deposited into the compliance resolution
 
14 fund.  This provision shall not apply to the drivers education
 
15 fund underwriters fee, insurance premium taxes and revenues and
 
16 fees collected for deposit in the office of consumer protection
 
17 restitution fund, the real estate appraisers fund, the real
 
18 estate recovery fund, the real estate education fund, the
 
19 contractor's recovery fund, the contractor's education fund, the
 
20 condominium management education fund and the public broadcasting
 
21 revolving fund [annual fee collected under this subsection,
 
22 section 514A-95, penalties or fines assessed as a result of
 
23 action brought by department personnel, and penalties, fines, or
 

 
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 1 reimbursement of costs or attorneys' fees assessed as a result of
 
 2 actions brought for violations of chapters 480 and 487].  Any law
 
 3 to the contrary notwithstanding, the director may use the moneys
 
 4 in the fund to employ, without regard to chapters 76 and 77,
 
 5 hearings officers, investigators, attorneys, accountants, and
 
 6 other necessary personnel to implement this subsection.  [In
 
 7 addition,] Any law to the contrary not withstanding, the moneys
 
 8 in the fund shall be used to fund the operations of the
 
 9 department with the exception of costs related to the hawaii
 
10 public broadcasting authority [defray all other administrative
 
11 costs, including personnel costs of operating the regulated
 
12 industries complaints office and costs incurred by supporting
 
13 offices and divisions].  The moneys in the fund may be used to
 
14 train personnel as the director deems necessary and for any other
 
15 activity related to compliance resolution.
 
16 As used in this subsection, unless otherwise required by the
 
17 context, "compliance resolution" means a determination of
 
18 whether:
 
19      (1)  Any licensee or applicant under any chapter subject to
 
20           the jurisdiction of the department of commerce and
 
21           consumer affairs has complied with that chapter;
 
22      (2)  Any person subject to chapter 485 has complied with
 
23           that chapter;
 

 
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 1      (3)  Any person submitting any filing required by chapter
 
 2           514E or section 485-6(15) has complied with chapter
 
 3           514E or section 485-6(15);
 
 4      (4)  Any person has complied with the prohibitions against
 
 5           unfair and deceptive acts or practices in trade or
 
 6           commerce; [or]
 
 7      (5)  Any person subject to chapter 467B has complied with
 
 8           that chapter; or
 
 9      (6)  Work involved in or supporting the above functions,
 
10           licensing or registration of individuals or companies
 
11           regulated by the department, consumer protection and
 
12           other activities of the department.
 
13           The director shall prepare and submit an annual report
 
14           to the governor and the legislature on the use of the
 
15           compliance resolution fund.  The report shall describe
 
16           expenditures made from the fund including non-payroll
 
17           operating expenses.  Any law to the contrary not
 
18           withstanding, the commerce and consumer affairs fund
 
19           shall not be subject to section 36-27 and section 36-30
 
20           and moneys in the fund shall not revert to the General
 
21           Fund."
 
22      SECTION 4.  Section 269-33, Hawaii Revised Statutes, is
 
23 amended by amending subsection (a) to read as follows:
 

 
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 1      "(a) There is established in the state treasury a public
 
 2 utilities commission special fund to be administered by the
 
 3 public utilities commission.  The proceeds of the fund shall be
 
 4 used by the public utilities commission and the division of
 
 5 consumer advocacy of the department of commerce and consumer
 
 6 affairs for all expenses incurred in the administration of
 
 7 chapters 269, 271, 271G, and 486J; provided that the expenditures
 
 8 of the public utilities commission shall be in accordance with
 
 9 legislative appropriations.  On a quarterly basis, an amount not
 
10 exceeding thirty per cent of the proceeds remaining in the fund
 
11 after the deduction for central service expenses, pursuant to
 
12 section 36-27, shall be allocated by the public utilities
 
13 commission to the division of consumer advocacy and deposited in
 
14 the compliance resolution fund established pursuant to section
 
15 26-9(o); provided that all moneys allocated by the public
 
16 utilities commission from the fund to the division of consumer
 
17 advocacy shall be in accordance with legislative appropriations."
 
18      SECTION 5.  Section 412:2-109, Hawaii Revised Statues is
 
19 amended to read as follows:
 
20      "§412:2-109  Financial institution examiners' revolving fund
 
21 and appointment of examiners.(a) [There is established in the
 
22 state treasury a separate fund designated as the financial
 
23 institution examiners' revolving fund.] Any law to the contrary
 

 
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 1 notwithstanding, fees and fines collected by the commissioner of
 
 2 financial institutions shall be deposited into the compliance
 
 3 resolution fund established pursuant to section 26-9(o).
 
 4      (b)  The commissioner may appoint financial institution
 
 5 examiners, not subject to chapters 76 and 77, who shall examine
 
 6 the affairs, transactions, accounts, records, documents, and
 
 7 assets of financial institutions.  The commissioner also may
 
 8 appoint administrative support personnel, not subject to chapters
 
 9 76 and 77, who shall assist and support the examiners.  The
 
10 commissioner may pay the salaries of the financial institution
 
11 examiners and administrative support personnel from the
 
12 [financial institution examiners' revolving] compliance
 
13 resolution fund.
 
14      (c)  The compliance resolution fund also may be used to
 
15 reimburse financial institution examiners and administrative
 
16 support personnel for the following expenses necessarily incurred
 
17 on account of an examination and the education and training of
 
18 financial institution examiners and administrative support
 
19 personnel:
 
20      (1)  Actual travel expenses in amounts customary for these
 
21           expenses and approved by the commissioner;
 
22      (2)  A reasonable living expense allowance at a rate
 
23           customary for these expenses and approved by the
 

 
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 1           commissioner; and
 
 2      (3)  Any fee or tuition necessary to attend educational and
 
 3           training conferences, workshops, seminars, and any
 
 4           similar events of this nature.
 
 5      (d)  The compliance resolution fund also may be used for
 
 6 other expenses relating to examinations of financial institutions
 
 7 and administrative costs, including personnel costs of the
 
 8 division and costs incurred by supporting offices and divisions.
 
 9      (e)  All persons receiving any reimbursement or compensation
 
10 from the [financial institution examiners' revolving] compliance
 
11 resolution fund shall submit to the commissioner for approval a
 
12 detailed account of all expenses and compensation necessarily
 
13 incurred.  Persons shall not receive or accept any additional
 
14 compensation on account of an examination.  In the case of an
 
15 examination, any reimbursement or compensation made by the fund
 
16 and approved by the commissioner shall be charged to the
 
17 financial institution being examined by the commissioner and all
 
18 receipts shall be credited to the fund.
 
19      (f)  Moneys in the [financial institution examiners'
 
20 revolving] compliance resolution fund shall not revert to the
 
21 general fund.
 
22      (g)  [Before August 16, 1995, and thereafter before July 2,
 
23           1996, each financial institution subject to examination
 

 
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 1           by the commissioner shall pay a sum of $250 plus $50
 
 2           for each office, agency, and branch office maintained
 
 3           by the financial institution, to the commissioner to be
 
 4           credited to the financial institution examiners'
 
 5           revolving fund.
 
 6      (h)  Before July 2, 1997, and each] Each year [thereafter]
 
 7 before July 2, each financial institution subject to examination
 
 8 by the commissioner shall pay a sum of $500 plus $100 for each
 
 9 office, agency, and branch office maintained by the financial
 
10 institution, to the commissioner to be credited to the [financial
 
11 institution examiners' revolving] compliance resolution fund.
 
12 The commissioner may establish, increase, decrease, or repeal
 
13 this fee when necessary pursuant to rules adopted in accordance
 
14 with chapter 91."
 
15      SECTION 6.  Section 412:2-315, Hawaii Revised Statues, is
 
16 amended by amending subsection (d) to read as follows:
 
17      "(d)  The commissioner may assess and collect from all
 
18 affected Hawaii financial institutions their ratable share of the
 
19 administrative costs incurred by the division in its
 
20 administration of any emergency orders issued under this section.
 
21 Administrative costs assessed under this section shall be
 
22 deposited into the [financial institution examiners' revolving]
 
23 compliance resolution fund established under section [412:2-109]
 

 
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 1 26-9(o).  The determination of the commissioner of which Hawaii
 
 2 financial institution or institutions are "affected" and the
 
 3 proration method the commissioner chooses to employ in making
 
 4 assessments under this section may be appealed to the circuit
 
 5 court as provided in chapter 91 by any Hawaii financial
 
 6 institution aggrieved thereby."
 
 7      SECTION 7.  Section 412:2-611, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§412:2-611  Action to recover administrative fines; deposit
 
10 to [revolving] compliance resolution fund. (a) If any Hawaii
 
11 financial institution, institution-affiliated party, or other
 
12 person fails to pay an assessment after any administrative fine
 
13 assessed under this chapter has become final, the commissioner
 
14 shall recover the amount assessed by action in circuit court, in
 
15 which case the commissioner may request the court to award
 
16 reasonable attorney's fees and costs.
 
17      (b)  All administrative fines collected under authority of
 
18 this chapter shall be deposited in the [financial institution
 
19 examiners' revolving] compliance resolution fund established
 
20 under section [412:2-109] 26-9(o)."
 
21      SECTION 8.  Section 415-128, Hawaii Revised Statues, is
 
22 amended to read as follows:
 
23      "§415-128  Fees for filing documents and issuing
 

 
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 1 certificates.  The following fees shall be paid to the director
 
 2 upon the filing of corporate documents:
 
 3      (1)  Articles of incorporation, $100;
 
 4      (2)  Articles of amendment, $50;
 
 5      (3)  Restated articles of incorporation, $50;
 
 6      (4)  Articles of merger or consolidation, $200;
 
 7      (5)  Articles of merger (subsidiary corporation), $100;
 
 8      (6)  Articles of dissolution, $50;
 
 9      (7)  Annual report of domestic and foreign corporations
 
10           organized for profit, $25;
 
11      (8)  Any other statement, report, certificate, application,
 
12           or other corporate document, except an annual report,
 
13           of a domestic or foreign corporation, $50;
 
14      (9)  Application for a certificate of authority, $100;
 
15     (10)  Application for a certificate of withdrawal, $50;
 
16     (11)  Reservation of corporate name, $20;
 
17     (12)  Transfer of reservation of corporate name, $20;
 
18     (13)  Good standing certificate, $25;
 
19     (14)  Special handling fee for review of corporation
 
20           documents, excluding articles of merger or
 
21           consolidation, $50;
 
22     (15)  Special handling fee for review of articles of merger
 
23           or consolidation, $150;
 

 
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 1     (16)  Special handling fee for certificates issued by the
 
 2           department, $20 per certificate; and
 
 3     (17)  Special handling fee for certification of documents, $1
 
 4           per page.
 
 5      All [special handling fees shall be credited to the special
 
 6 fund established for use by the department in expediting the
 
 7 processing of documents.  At least two temporary business
 
 8 registration assistant I positions shall be paid out of the
 
 9 special fund] fees collected under this section shall be managed
 
10 in accordance with section 26-9(l).
 
11      The director [shall] may adjust the fees assessed under this
 
12 section, as necessary from time to time, through rules adopted
 
13 under chapter 91 [to ensure that the proceeds, together with all
 
14 other receipts of the special fund under this section do not
 
15 surpass the annual operating costs of the program.  All
 
16 unexpended and unencumbered moneys remaining on balance with the
 
17 fund at the close of each fiscal year which are deemed, by the
 
18 director of finance, to be in excess of the moneys necessary to
 
19 carry out the processing of corporate documents over the next
 
20 following fiscal year shall lapse to the credit of the state
 
21 general fund]."
 
22      SECTION 9.  Section 415B-155, Hawaii Revised Statues, is
 
23 amended to read as follows:
 

 
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 1      "§415B-155  Fees for filing documents and issuing
 
 2 certificates.  The following fees shall be paid to the director
 
 3 upon the filing of corporate documents:
 
 4      (1)  Articles of incorporation, $50;
 
 5      (2)  Articles of amendment, $20;
 
 6      (3)  Restated articles of incorporation, $20;
 
 7      (4)  Articles of merger or consolidation, $100;
 
 8      (5)  Articles of dissolution, $20;
 
 9      (6)  Annual report of nonprofit domestic and foreign
 
10           corporations, $5;
 
11      (7)  Any other statement, report, certificate, application,
 
12           or other corporate document, except an annual report,
 
13           of a nonprofit domestic or foreign corporation, $20;
 
14      (8)  Application for a certificate of authority, $50;
 
15      (9)  Application for a certificate of withdrawal, $20;
 
16     (10)  Reservation of corporate name, $20;
 
17     (11)  Transfer of reservation of corporate name, $20;
 
18     (12)  Good standing certificate, $20;
 
19     (13)  Special handling fee for review of corporation
 
20           documents, excluding articles of merger or
 
21           consolidation, $50;
 
22     (14)  Special handling fee for review of articles of merger
 
23           or consolidation, $150;
 

 
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 1     (15)  Special handling fee for certificates issued by the
 
 2           department, $20 per certificate; and
 
 3     (16)  Special handling fee for certification of documents, $1
 
 4           per page.
 
 5      All [special handling fees shall be credited to a special
 
 6 fund which may be established for use by the department in
 
 7 expediting the processing of documents.  At least two temporary
 
 8 business registration assistant I positions shall be paid out of
 
 9 the special fund] fees collected under this section shall be
 
10 managed in accordance with section 26-9(l)."
 
11      SECTION 10.  Section 425-12, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "§425-12  Fee for filing documents and issuing certificates.
 
14 The following fees shall be paid to the director upon the filing
 
15 of general partnership documents:
 
16      (1)  Partnership registration statement, $25;
 
17      (2)  Partnership change of name statement, $25;
 
18      (3)  Partnership dissolution statement, $25;
 
19      (4)  Foreign general partnership registration statement,
 
20           $25;
 
21      (5)  Statement of change, $25;
 
22      (6)  Application for certificate of withdrawal, $10;
 
23      (7)  Statement of correction, $25;
 

 
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 1      (8)  Reservation of name, $20;
 
 2      (9)  Transfer of reservation of name, $20;
 
 3     (10)  Annual statement for domestic or foreign general
 
 4           partnership, $10;
 
 5     (11)  Good standing certificate, $25;
 
 6     (12)  Any other statement, certificate, or other document for
 
 7           a domestic or foreign general partnership, $25;
 
 8     (13)  Special handling fee for review of any general
 
 9           partnership document, $20;
 
10     (14)  Special handling fee for certificates issued by the
 
11           director, $20 per certificate; and
 
12     (15)  Special handling fee for certification of documents, $1
 
13           per page.
 
14      All [special handling fees shall be credited to the special
 
15 fund authorized by section 415-128] fees collected under this
 
16 section shall be managed in accordance with section 26-9(l)."
 
17      SECTION 11.  Section 425-169, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[§425-169]  Fee for recording.(a) The director shall
 
20 collect the following fees for documents filed under this part:
 
21      (1)  For each change of partnership name or statement of
 
22           dissolution filed, a fee of $5 per partner, subject to
 
23           a maximum fee of $5,000;
 

 
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 1      (2)  For each annual statement filed, a fee of $50;
 
 2      (3)  For each limited liability partnership registered, a
 
 3           fee of $100 for each partner, subject to a maximum fee
 
 4           of $10,000;
 
 5      (4)  For each foreign limited liability partnership
 
 6           registered, a fee of $1,000 if the partnership has
 
 7           fewer than ten partners; $5,000 if the partnership has
 
 8           ten or more but fewer than fifty partners; and $10,000
 
 9           if the partnership has fifty or more partners;
 
10      (5)  For each reservation or transfer of limited liability
 
11           partnership name, a fee of $100;
 
12      (6)  For each certificate of correction or certificate of
 
13           amendment, a fee of $100;
 
14      (7)  For each certificate of good standing, a fee of $100;
 
15      (8)  For any other certificate, statement, or document, a
 
16           fee of $100; and
 
17      (9)  For each certification of domestic or foreign
 
18           partnership, a fee of $100.
 
19      (b)  The following special handling fees shall be assessed
 
20 by the director for expeditious review of the following
 
21 documents:
 
22      (1)  For limited liability partnerships:  certificate of
 
23           limited liability partnership, $100; certificate of
 

 
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 1           correction, $100; change of name statement, $100;
 
 2           partnership dissolution statement, $100; annual
 
 3           statement, $100; certification of limited liability
 
 4           partnership, $1 a page; certificate of good standing,
 
 5           $100;
 
 6      (2)  For foreign limited liability partnerships:
 
 7           registration statement, $100; certificate of
 
 8           correction, $100; withdrawal application, $100; annual
 
 9           statement, $100; certification of foreign partnership,
 
10           $1 a page; certificate of good standing, $100; and
 
11      (3)  For any other certificate or document authorized by
 
12           this part, $100.
 
13      All [special handling fees shall be credited to the special
 
14 fund authorized by section 415-128.  All other] fees collected
 
15 under this section shall be managed in accordance with section
 
16 26-9(1)."
 
17      SECTION 12.  Section 425D-1107, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§425D-1107  Fees for filing documents and issuing
 
20 certificates.  The following fees shall be paid to the director
 
21 upon the filing of limited partnership documents:
 
22      (1)  Certificate of limited partnership, $50;
 
23      (2)  Any certificate of amendment, restatement, or
 

 
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 1           correction, $20;
 
 2      (3)  Certificate of cancellation, $20;
 
 3      (4)  Annual statement for domestic or foreign limited
 
 4           partnership, $10;
 
 5      (5)  Any other certificate or document of domestic or
 
 6           foreign limited partnership, $20;
 
 7      (6)  Application for registration as a foreign limited
 
 8           partnership, $100;
 
 9      (7)  Any certificate of amendment or agent change for
 
10           foreign limited partnership, $20;
 
11      (8)  Application for certificate of withdrawal of foreign
 
12           limited partnership, $20;
 
13      (9)  Reservation of name, $20;
 
14     (10)  Transfer of reservation of name, $20;
 
15     (11)  Good standing certificate, $20;
 
16     (12)  Special handling fee for review of any limited
 
17           partnership document, $50;
 
18     (13)  Special handling fee for certificates issued by the
 
19           director, $20 per certificate; and
 
20     (14)  Special handling fee for certification of documents, $1
 
21           per page.
 
22      All [special handling fees shall be credited to the special
 
23 fund authorized by section 415-128] fees collected under this
 

 
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 1 section shall be managed in accordance with section 26-9(l)."
 
 2      SECTION 13.  Section 428-1301, Hawaii Revised Statutes is
 
 3 amended to read as follows:
 
 4      "§428-1301  Fees.  The following fees shall be paid to the
 
 5 director upon the filing and issuance of records under this
 
 6 chapter:
 
 7      (1)  Articles of organization, $100;
 
 8      (2)  Articles of amendment, $50;
 
 9      (3)  Restated articles of organization, $50;
 
10      (4)  Articles of merger, $200;
 
11      (5)  Statement of dissociation, $50;
 
12      (6)  Articles of termination, $50;
 
13      (7)  Application for reinstatement for administratively
 
14           terminated limited liability company, $50;
 
15      (8)  Annual report, $25;
 
16      (9)  Statement of change of designated office or agent for
 
17           service of process, or both, for limited liability
 
18           company or foreign limited liability company, $50;
 
19     (10)  Statement of resignation of agent for service of
 
20           process, $50;
 
21     (11)  Any other statement or document of a domestic or
 
22           foreign limited liability company, $50;
 
23     (12)  Application for certificate of authority for foreign
 

 
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 1           limited liability company, $100;
 
 2     (13)  Application for cancellation of authority of foreign
 
 3           limited liability company, $50;
 
 4     (14)  Reservation of name, $25;
 
 5     (15)  Good standing certificate, $25;
 
 6     (16)  Any other record not otherwise covered in this part,
 
 7           $50;
 
 8     (17)  Certified copy of any record relating to a limited
 
 9           liability company or foreign limited liability company,
 
10           25 cents per page, and $10 for the certificate and
 
11           affixing the seal thereto;
 
12     (18)  Special handling fee for review of any record other
 
13           than articles of merger, $80;
 
14     (19)  Special handling fee for review of articles of merger,
 
15           $200;
 
16     (20)  Special handling fee for certificates issued by the
 
17           director not otherwise covered by this part, $10 per
 
18           certificate;
 
19     (21)  Special handling fee for certification of record, $1
 
20           per page; and
 
21     (22)  Any service of notice, demand, or process upon the
 
22           director as agent for service of process of a limited
 
23           liability company or foreign limited liability company,
 

 
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 1           $50, which amount may be recovered as taxable costs by
 
 2           the party to the suit or action causing such service to
 
 3           be made if such party prevails in the suit or action.
 
 4      All [special handling fees shall be credited to the special
 
 5 fund authorized by section 415-128] fees collected under this
 
 6 section shall be managed in accordance with section 26-9(l)."
 
 7      SECTION 14.  Section 440G-15, Hawaii Revised Statutes, is
 
 8 amended to read as follows: 
 
 9      "§440G-15  Annual fees.(a) Each cable operator shall pay
 
10 an annual fee to be determined by the director.  The fees so
 
11 collected under this section shall be [used to offset the costs
 
12 of administering this chapter] deposited into the compliance
 
13 resolution fund established under section 26-9(o).
 
14      (b)  The director shall adjust the fees assessed under this
 
15 section, as necessary from time to time, pursuant to rules
 
16 adopted in accordance with chapter 91 [to ensure that the gross
 
17 proceeds collected do not surpass the annual operating costs of
 
18 the program]."
 
19      SECTION 15.  Section 449-14, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "§449-14  Fees.  The following fees shall be paid by
 
22 licensed escrow depositories to the commissioner and, together
 
23 with any administrative penalty or other charge assessed under
 

 
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 1 this chapter, shall be deposited into the [financial institution
 
 2 examiners' revolving] compliance resolution fund established
 
 3 pursuant to 26-9(o):
 
 4      (1)  For filing and investigation of an escrow depository's
 
 5           application for license, $2,000;
 
 6      (2)  For initial issuance and annual renewal of an escrow
 
 7           depository's license, $100;
 
 8      (3)  For initial issuance and annual renewal of a branch
 
 9           office license, $50; and
 
10      (4)  For reissuance of a license or endorsement on the
 
11           license for the change in the business address of its
 
12           office, $25.
 
13      An escrow depository that fails to make a payment required
 
14 by this section shall be subject to an administrative penalty of
 
15 not more than $200 per day for each day it is in violation of
 
16 this section."
 
17           SECTION 16.  All acts passed by the legislature during
 
18 this Regular Session of 1999, whether enacted before or after the
 
19 effective date of this Act, shall be amended to conform to this
 
20 Act unless such acts specifically provide that this Act is being
 
21 amended.
 
22      SECTION 17.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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 1      SECTION 18.  This Act shall take effect on July 1, 1999. 
 
 2 
 
 3                           INTRODUCED BY:  _______________________
 

 
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