REPORT TITLE:
Consolidation of DCCA Funds


DESCRIPTION:
Combines most of DCCA special and revolving funds into DCCA
compliance resolution fund, to be managed at a department-wide
level to fund DCCA operations, and that would not be subject to
central service, administrative expense reimbursement, or other
general fund deductions or reversions.  (HB1083 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1083
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
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 Statutes, is
 
 2 amended as follows:
 
 3      1.  By amending subsection (i) to read:
 
 4      "(i)  The functions and authority previously exercised by
 
 5 the treasurer (except funds custody, cash management, debt
 
 6 management, and administering of veterans loans transferred to
 
 7 the department of budget and finance) as constituted are
 
 8 transferred to the department of commerce and consumer affairs
 
 9 established by this chapter.  [The director of commerce and
 
10 consumer affairs also shall be the commissioner of securities.]"
 
11      2. By amending subsection (l) to read:
 
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 relating
 
15           to any aspect of the registration, certification,
 
16           licensure, or any other administrative process for all
 
17           laws within the jurisdiction of the department.  [The
 
18           fee assessed shall bear a reasonable relationship
 
19           between the revenue derived from the fee and the cost
 

 
Page 2                                                     1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1           or value of services rendered.]  Amendments to fee
 
 2           assessments shall be made pursuant to chapter 91;
 
 3      (2)  Assess fees for copies in any form of media of the
 
 4           computerized records of the business registration
 
 5           division or for electronic access to the computerized
 
 6           information on a one-time or on-going basis.  The fees
 
 7           charged for the copies or access may include billing
 
 8           service fees, network usage fees, and computer
 
 9           consultant fees.  In adopting these fees, the director
 
10           shall take into account the intent to make the division
 
11           self-supporting.  To this end, the fees may reflect the
 
12           commercial value of the service or information
 
13           provided.  In the case of requests for records by a
 
14           nonprofit organization, the director may reduce or
 
15           waive the fees.  This paragraph shall control in any
 
16           instance where there is a conflict between this
 
17           paragraph and any other statute; and
 
18      (3)  Assess fees for copies of consumer and business
 
19           educational publications prepared or issued by the
 
20           department.  Fees collected under this paragraph shall
 
21           be deposited into the compliance resolution fund under
 
22           subsection (o).  [The fees assessed shall bear a
 
23           reasonable relationship between the revenue derived
 
24           from the fee and the cost of producing the materials
 

 
Page 3                                                     1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1           issued.]  In the case of requests for copies by a
 
 2           nonprofit organization, the director may reduce or
 
 3           waive the fees.  For purposes of this paragraph,
 
 4           "consumer and business educational publications" does
 
 5           not include copies of statutes or administrative rules.
 
 6      The fees collected by the professional and vocational
 
 7 licensing division and the business registration division shall
 
 8 be deposited into the compliance resolution fund under subsection
 
 9 (o) [and shall be used to defray administrative costs, including
 
10 personnel costs associated with these two programs and costs
 
11 incurred by supporting offices and divisions].
 
12      The director may appoint program specialists, not subject to
 
13 chapters 76 and 77, to assist with the activities of the
 
14 professional and vocational licensing division."
 
15      3.  By amending subsection (o) to read:
 
16      "(o)  Every person licensed under any chapter within the
 
17 jurisdiction of the department of commerce and consumer affairs
 
18 and every person licensed subject to chapter 485 or registered
 
19 under chapter 467B shall pay upon issuance of a license, permit,
 
20 certificate, or registration a fee and a subsequent annual fee to
 
21 be determined by the director and adjusted from time to time to
 
22 ensure that the proceeds, together with all other fines, income,
 
23 and penalties collected under this section, do not surpass the
 
24 annual operating costs of conducting compliance resolution
 

 
Page 4                                                     1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1 activities required under this section.  The fees may be
 
 2 collected biennially or pursuant to rules adopted under chapter
 
 3 91, and shall be deposited into the special fund established
 
 4 under this subsection.  Every filing pursuant to chapter 514E or
 
 5 section 485-6(15) shall be assessed, upon initial filing and at
 
 6 each renewal period in which a renewal is required, a fee that
 
 7 shall be prescribed by rules adopted under chapter 91, and that
 
 8 shall be deposited into the special fund established under this
 
 9 subsection.  Any unpaid fee shall be paid by the licensed person,
 
10 upon application for renewal, restoration, reactivation, or
 
11 reinstatement of a license, and by the person responsible for the
 
12 renewal, restoration, reactivation, or reinstatement of a
 
13 license, upon the application for renewal, restoration, or
 
14 reinstatement of the license.  If the fees are not paid, the
 
15 director may deny renewal, restoration, reactivation, or
 
16 reinstatement of the license.  The director may establish,
 
17 increase, decrease, or repeal the fees when necessary pursuant to
 
18 rules adopted under chapter 91.
 
19      There is created in the state treasury a special fund to be
 
20 known as the compliance resolution fund to be expended by the
 
21 director's designated representatives as provided by this
 
22 subsection.  Notwithstanding any law to the contrary, [the moneys
 
23 in the fund shall consist of annual fees collected under this
 
24 subsection, section 514A-95, penalties or fines assessed as a
 

 
Page 5                                                     1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1 result of action brought by department personnel, and penalties,
 
 2 fines, or reimbursement of costs or attorneys' fees assessed as a
 
 3 result of actions brought for violations of chapters 480 and
 
 4 487.] all revenues, fees, and fines collected by the department
 
 5 shall be deposited into the compliance resolution fund.
 
 6 Unencumbered balances existing on June 30, 1999, in the cable
 
 7 television fund, the division of consumer advocacy fund, the
 
 8 financial institution examiners' revolving fund, and the special
 
 9 handling fund, shall be deposited into the compliance resolution
 
10 fund.  This provision shall not apply to the drivers education
 
11 fund underwriters fee, insurance premium taxes and revenues, and
 
12 fees collected for deposit in the office of consumer protection
 
13 restitution fund under section 487-14, the real estate appraisers
 
14 fund under 466K-1, the real estate recovery fund, the real estate
 
15 education fund, the contractors recovery fund, the contractors
 
16 education fund, the condominium management education fund, and
 
17 the public broadcasting revolving fund.  Any law to the contrary
 
18 notwithstanding, the director may use the moneys in the fund to
 
19 employ, without regard to chapters 76 and 77, hearings officers,
 
20 investigators, attorneys, accountants, and other necessary
 
21 personnel to implement this subsection.  [In addition,] Any law
 
22 to the contrary notwithstanding, the moneys in the fund shall
 
23 [defray all other administrative costs, including personnel costs
 
24 of operating the regulated industries complaints office and costs
 

 
Page 6                                                     1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1 incurred by supporting offices and divisions.] be used to fund
 
 2 the operations of the department with the exception of costs
 
 3 related to the Hawaii public broadcasting authority.  The moneys
 
 4 in the fund may be used to train personnel as the director deems
 
 5 necessary and for any other activity related to compliance
 
 6 resolution.
 
 7      As used in this subsection, unless otherwise required by the
 
 8 context, "compliance resolution" means a determination of
 
 9 whether:
 
10      (1)  Any licensee or applicant under any chapter subject to
 
11           the jurisdiction of the department of commerce and
 
12           consumer affairs has complied with that chapter;
 
13      (2)  Any person subject to chapter 485 has complied with
 
14           that chapter;
 
15      (3)  Any person submitting any filing required by chapter
 
16           514E or section 485-6(15) has complied with chapter
 
17           514E or section 485-6(15);
 
18      (4)  Any person has complied with the prohibitions against
 
19           unfair and deceptive acts or practices in trade or
 
20           commerce; or
 
21      (5)  Any person subject to chapter 467B has complied with
 
22           that chapter[.];
 
23 and includes work involved in or supporting the above functions,
 
24 licensing, or registration of individuals or companies regulated
 

 
Page 7                                                     1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1 by the department, consumer protection, and other activities of
 
 2 the department.
 
 3      The director shall prepare and submit an annual report to
 
 4 the governor and the legislature on the use of the compliance
 
 5 resolution fund.  The report shall describe expenditures made
 
 6 from the fund including non-payroll operating expenses.  Any law
 
 7 to the contrary notwithstanding, the compliance resolution fund
 
 8 shall not be subject to sections 36-27 and 36-30, and moneys in
 
 9 the fund shall not revert to the general fund."
 
10      SECTION 2.  Section 36-27, Hawaii Revised Statutes, is
 
11 amended to read:
 
12      "§36-27  Transfers from special funds for central service
 
13 expenses.  Except as provided in this section, and
 
14 notwithstanding any other law to the contrary, from time to time
 
15 the director of finance, for the purpose of defraying the
 
16 prorated estimate of central service expenses of government in
 
17 relation to all special funds, except the:
 
18      (1)  Special summer school and intersession fund under
 
19           section 302A-1310;
 
20      (2)  School cafeteria special funds of the department of
 
21           education;
 
22      (3)  Special funds of the University of Hawaii;
 
23      (4)  State educational facilities improvement special fund;
 

 
 
 
Page 8                                                     1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1      (5)  Convention center capital special fund under section
 
 2           206X-10.5 and the convention center operations special
 
 3           fund under section 206X-10.6;
 
 4      (6)  Special funds established by section 206E-6;
 
 5      (7)  Housing loan program revenue bond special fund;
 
 6      (8)  Housing project bond special fund;
 
 7      (9)  Aloha Tower fund created by section 206J-17;
 
 8     (10)  Domestic violence prevention special fund under section
 
 9           321-1.3;
 
10     (11)  Spouse and child abuse special account under section
 
11           346-7.5;
 
12     (12)  Spouse and child abuse special account under section
 
13           601-3.6;
 
14     (13)  Funds of the employees' retirement system created by
 
15           section 88-109;
 
16     (14)  Unemployment compensation fund established under
 
17           section 383-121;
 
18     (15)  Hawaii hurricane relief fund established under chapter
 
19           431P;
 
20     (16)  Hawaii health systems corporation special funds;
 
21     (17)  Boiler and elevator safety revolving fund established
 
22           under section 397-5.5;
 
23     (18)  Tourism special fund established under section
 
24           [201B-11]; [and]
 

 
Page 9                                                     1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1     (19)  Department of commerce and consumer affairs' special
 
 2           funds; and
 
 3     (20)  Compliance resolution fund established under section
 
 4           26-9;
 
 5 shall deduct five per cent of all receipts of all other special
 
 6 funds, which deduction shall be transferred to the general fund
 
 7 of the State and become general realizations of the State.  All
 
 8 officers of the State and other persons having power to allocate
 
 9 or disburse any special funds shall cooperate with the director
 
10 in effecting these transfers.  To determine the proper revenue
 
11 base upon which the central service assessment is to be
 
12 calculated, the director shall adopt rules pursuant to chapter 91
 
13 for the purpose of suspending or limiting the application of the
 
14 central service assessment of any fund.  No later than twenty
 
15 days prior to the convening of each regular session of the
 
16 legislature, the director shall report all central service
 
17 assessments made during the preceding fiscal year."
 
18      SECTION 3.  Section 36-30, Hawaii Revised Statutes is
 
19 amended by amending subsection (a) to read:
 
20      "(a)  Each special fund, except the:
 
21      (1)  Transportation use special fund established by section
 
22           261D-1;
 
23      (2)  Special summer school and intersession fund under
 
24           section 302A-1310;
 

 
Page 10                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1      (3)  School cafeteria special funds of the department of
 
 2           education;
 
 3      (4)  Special funds of the University of Hawaii;
 
 4      (5)  State educational facilities improvement special fund;
 
 5      (6)  Special funds established by section 206E-6;
 
 6      (7)  Aloha Tower fund created by section 206J-17;
 
 7      (8)  Domestic violence prevention special fund under section
 
 8           321-1.3;
 
 9      (9)  Spouse and child abuse special account under section
 
10           346-7.5;
 
11     (10)  Spouse and child abuse special account under section
 
12           601-3.6;
 
13     (11)  Funds of the employees' retirement system created by
 
14           section 88-109;
 
15     (12)  Unemployment compensation fund established under
 
16           section 383-121;
 
17     (13)  Hawaii hurricane relief fund established under chapter
 
18           431P;
 
19     (14)  Convention center capital special fund established
 
20           under section 206X-10.5 and the convention center
 
21           operations special fund established under section 206X-
 
22           10.6;
 
23     (15)  Hawaii health systems corporation special funds; [and]
 

 
 
 
Page 11                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1     (16)  Tourism special fund established under section
 
 2           [201B-11]; and
 
 3     (17)  Compliance resolution fund established under section
 
 4           26-9;
 
 5 shall be responsible for its pro rata share of the administrative
 
 6 expenses incurred by the department responsible for the
 
 7 operations supported by the special fund concerned." SECTION 4.
 
 8 Section 269-33, Hawaii Revised Statutes, is amended by amending
 
 9 subsection (a) to read as follows:
 
10      "(a)  There is established in the state treasury a public
 
11 utilities commission special fund to be administered by the
 
12 public utilities commission.  The proceeds of the fund shall be
 
13 used by the public utilities commission and the division of
 
14 consumer advocacy of the department of commerce and consumer
 
15 affairs for all expenses incurred in the administration of
 
16 chapters 269, 271, 271G, and 486J; provided that the expenditures
 
17 of the public utilities commission shall be in accordance with
 
18 legislative appropriations.  On a quarterly basis, an amount not
 
19 exceeding thirty per cent of the proceeds remaining in the fund
 
20 after the deduction for central service expenses, pursuant to
 
21 section 36-27, shall be allocated by the public utilities
 
22 commission to the division of consumer advocacy[;] and deposited
 
23 in the compliance resolution fund established pursuant to section
 
24 26-9(o); provided that all moneys allocated by the public
 

 
Page 12                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1 utilities commission from the fund to the division of consumer
 
 2 advocacy shall be in accordance with legislative appropriations."
 
 3      SECTION 5.  Section 412:2-109, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "§412:2-109  Financial institution examiners' revolving fund
 
 6 and appointment of examiners.(a) [There is established in the
 
 7 state treasury a separate fund designated as the financial
 
 8 institution examiners' revolving fund.] Any law to the contrary
 
 9 notwithstanding, fees and fines collected by the commissioner of
 
10 financial institutions shall be deposited into the compliance
 
11 resolution fund established pursuant to section 26-9(o).
 
12      (b)  The commissioner may appoint financial institution
 
13 examiners, not subject to chapters 76 and 77, who shall examine
 
14 the affairs, transactions, accounts, records, documents, and
 
15 assets of financial institutions.  The commissioner also may
 
16 appoint administrative support personnel, not subject to chapters
 
17 76 and 77, who shall assist and support the examiners.  The
 
18 commissioner may pay the salaries of the financial institution
 
19 examiners and administrative support personnel from the
 
20 [financial institution examiners' revolving] compliance
 
21 resolution fund.
 
22      (c)  The compliance resolution fund also may be used to
 
23 reimburse financial institution examiners and administrative
 
24 support personnel for the following expenses necessarily incurred
 

 
Page 13                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1 on account of an examination and the education and training of
 
 2 financial institution examiners and administrative support
 
 3 personnel:
 
 4      (1)  Actual travel expenses in amounts customary for these
 
 5           expenses and approved by the commissioner;
 
 6      (2)  A reasonable living expense allowance at a rate
 
 7           customary for these expenses and approved by the
 
 8           commissioner; and
 
 9      (3)  Any fee or tuition necessary to attend educational and
 
10           training conferences, workshops, seminars, and any
 
11           similar events of this nature.
 
12      (d)  The compliance resolution fund also may be used for
 
13 other expenses relating to examinations of financial institutions
 
14 and administrative costs, including personnel costs of the
 
15 division and costs incurred by supporting offices and divisions.
 
16      (e)  All persons receiving any reimbursement or compensation
 
17 from the [financial institution examiners' revolving] compliance
 
18 resolution fund shall submit to the commissioner for approval a
 
19 detailed account of all expenses and compensation necessarily
 
20 incurred.  Persons shall not receive or accept any additional
 
21 compensation on account of an examination.  In the case of an
 
22 examination, any reimbursement or compensation made by the fund
 
23 and approved by the commissioner shall be charged to the
 

 
 
 
Page 14                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1 financial institution being examined by the commissioner and all
 
 2 receipts shall be credited to the fund.
 
 3      (f)  Moneys in the [financial institution examiners'
 
 4 revolving] compliance resolution fund shall not revert to the
 
 5 general fund.
 
 6      [(g)  Before August 16, 1995, and thereafter before July 2,
 
 7 1996, each financial institution subject to examination by the
 
 8 commissioner shall pay a sum of $250 plus $50 for each office,
 
 9 agency, and branch office maintained by the financial
 
10 institution, to the commissioner to be credited to the financial
 
11 institution examiners' revolving fund.
 
12      (h)  Before July 2, 1997, and each] Each year [thereafter]
 
13 before July 2, each financial institution subject to examination
 
14 by the commissioner shall pay a sum of $500 plus $100 for each
 
15 office, agency, and branch office maintained by the financial
 
16 institution, to the commissioner to be credited to the [financial
 
17 institution examiners' revolving] compliance resolution fund.
 
18 The commissioner may establish, increase, decrease, or repeal
 
19 this fee when necessary pursuant to rules adopted in accordance
 
20 with chapter 91."
 
21      SECTION 6.  Section 412:2-315, Hawaii Revised Statutes, is
 
22 amended by amending subsection (d) to read as follows:
 
23      "(d)  The commissioner may assess and collect from all
 
24 affected Hawaii financial institutions their ratable share of the
 

 
Page 15                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1 administrative costs incurred by the division in its
 
 2 administration of any emergency orders issued under this section.
 
 3 Administrative costs assessed under this section shall be
 
 4 deposited into the [financial institution examiners' revolving]
 
 5 compliance resolution fund established under section [412:2-109.]
 
 6 26-9(o).  The determination of the commissioner of which Hawaii
 
 7 financial institution or institutions are "affected" and the
 
 8 proration method the commissioner chooses to employ in making
 
 9 assessments under this section may be appealed to the circuit
 
10 court as provided in chapter 91 by any Hawaii financial
 
11 institution aggrieved thereby."
 
12      SECTION 7.  Section 412:2-611, Hawaii Revised Statutes, is
 
13 amended as follows:
 
14      1.  By amending the title to read:
 
15      "§412:2-611  Action to recover administrative fines; deposit
 
16 to [revolving] compliance resolution fund."
 
17      2.  By amending subsection (b) to read:
 
18      "(b)  All administrative fines collected under authority of
 
19 this chapter shall be deposited in the [financial institution
 
20 examiners' revolving] compliance resolution fund established
 
21 under section [412:2-109.] 26-9(o)."
 
22      SECTION 8.  Section 415-128, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
 
 
Page 16                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1      "§415-128  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, $100;
 
 5      (2)  Articles of amendment, $50;
 
 6      (3)  Restated articles of incorporation, $50;
 
 7      (4)  Articles of merger or consolidation, $200;
 
 8      (5)  Articles of merger (subsidiary corporation), $100;
 
 9      (6)  Articles of dissolution, $50;
 
10      (7)  Annual report of domestic and foreign corporations
 
11           organized for profit, $25;
 
12      (8)  Any other statement, report, certificate, application,
 
13           or other corporate document, except an annual report,
 
14           of a domestic or foreign corporation, $50;
 
15      (9)  Application for a certificate of authority, $100;
 
16     (10)  Application for a certificate of withdrawal, $50;
 
17     (11)  Reservation of corporate name, $20;
 
18     (12)  Transfer of reservation of corporate name, $20;
 
19     (13)  Good standing certificate, $25;
 
20     (14)  Special handling fee for review of corporation
 
21           documents, excluding articles of merger or
 
22           consolidation, $50;
 
23     (15)  Special handling fee for review of articles of merger
 
24           or consolidation, $150;
 

 
Page 17                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 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 Statutes, is
 
23 amended to read as follows:
 

 
 
 
Page 18                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 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;
 

 
 
 
Page 19                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 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;
 
24      (8)  Reservation of name, $20;
 

 
Page 20                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1      (9)  Transfer of reservation of name, $20;
 
 2     (10)  Annual statement for domestic or foreign general
 
 3           partnership, $10;
 
 4     (11)  Good standing certificate, $25;
 
 5     (12)  Any other statement, certificate, or other document for
 
 6           a domestic or foreign general partnership, $25;
 
 7     (13)  Special handling fee for review of any general
 
 8           partnership document, $20;
 
 9     (14)  Special handling fee for certificates issued by the
 
10           director, $20 per certificate; and
 
11     (15)  Special handling fee for certification of documents, $1
 
12           per page.
 
13      All [special handling fees shall be credited to the special
 
14 fund authorized by section 415-128.] fees collected under this
 
15 section shall be managed in accordance with section 26-9(l)."
 
16      SECTION 11.  Section 425-169, Hawaii Revised Statutes, is
 
17 amended by amending subsection (b) to read as follows:
 
18      "(b)  The following special handling fees shall be assessed
 
19 by the director for expeditious review of the following
 
20 documents:
 
21      (1)  For limited liability partnerships:  certificate of
 
22           limited liability partnership, $100; certificate of
 
23           correction, $100; change of name statement, $100;
 
24           partnership dissolution statement, $100; annual
 

 
Page 21                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1           statement, $100; certification of limited liability
 
 2           partnership, $1 a page; certificate of good standing,
 
 3           $100;
 
 4      (2)  For foreign limited liability partnerships:
 
 5           registration statement, $100; certificate of
 
 6           correction, $100; withdrawal application, $100; annual
 
 7           statement, $100; certification of foreign partnership,
 
 8           $1 a page; certificate of good standing, $100; and
 
 9      (3)  For any other certificate or document authorized by
 
10           this part, $100.
 
11      All [special handling fees shall be credited to the special
 
12 fund authorized by section 415-128.  All other] fees collected
 
13 under this section shall be managed in accordance with section
 
14 26-9(1)."
 
15      SECTION 12.  Section 425D-1107, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "§425D-1107  Fees for filing documents and issuing
 
18 certificates.  The following fees shall be paid to the director
 
19 upon the filing of limited partnership documents:
 
20      (1)  Certificate of limited partnership, $50;
 
21      (2)  Any certificate of amendment, restatement, or
 
22           correction, $20;
 
23      (3)  Certificate of cancellation, $20;
 

 
 
 
Page 22                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1      (4)  Annual statement for domestic or foreign limited
 
 2           partnership, $10;
 
 3      (5)  Any other certificate or document of domestic or
 
 4           foreign limited partnership, $20;
 
 5      (6)  Application for registration as a foreign limited
 
 6           partnership, $100;
 
 7      (7)  Any certificate of amendment or agent change for
 
 8           foreign limited partnership, $20;
 
 9      (8)  Application for certificate of withdrawal of foreign
 
10           limited partnership, $20;
 
11      (9)  Reservation of name, $20;
 
12     (10)  Transfer of reservation of name, $20;
 
13     (11)  Good standing certificate, $20;
 
14     (12)  Special handling fee for review of any limited
 
15           partnership document, $50;
 
16     (13)  Special handling fee for certificates issued by the
 
17           director, $20 per certificate; and
 
18     (14)  Special handling fee for certification of documents, $1
 
19           per page.
 
20      All [special handling fees shall be credited to the special
 
21 fund authorized by section 415-128.] fees collected under this
 
22 section shall be managed in accordance with section 26-9(l)."
 
23      SECTION 13.  Section 428-1301, Hawaii Revised Statutes is
 
24 amended to read as follows:
 

 
Page 23                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1      "§428-1301  Fees.  The following fees shall be paid to the
 
 2 director upon the filing and issuance of records under this
 
 3 chapter:
 
 4      (1)  Articles of organization, $100;
 
 5      (2)  Articles of amendment, $50;
 
 6      (3)  Restated articles of organization, $50;
 
 7      (4)  Articles of merger, $200;
 
 8      (5)  Statement of dissociation, $50;
 
 9      (6)  Articles of termination, $50;
 
10      (7)  Application for reinstatement for administratively
 
11           terminated limited liability company, $50;
 
12      (8)  Annual report, $25;
 
13      (9)  Statement of change of designated office or agent for
 
14           service of process, or both, for limited liability
 
15           company or foreign limited liability company, $50;
 
16     (10)  Statement of resignation of agent for service of
 
17           process, $50;
 
18     (11)  Any other statement or document of a domestic or
 
19           foreign limited liability company, $50;
 
20     (12)  Application for certificate of authority for foreign
 
21           limited liability company, $100;
 
22     (13)  Application for cancellation of authority of foreign
 
23           limited liability company, $50;
 
24     (14)  Reservation of name, $25;
 

 
Page 24                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1     (15)  Good standing certificate, $25;
 
 2     (16)  Any other record not otherwise covered in this part,
 
 3           $50;
 
 4     (17)  Certified copy of any record relating to a limited
 
 5           liability company or foreign limited liability company,
 
 6           25 cents per page, and $10 for the certificate and
 
 7           affixing the seal thereto;
 
 8     (18)  Special handling fee for review of any record other
 
 9           than articles of merger, $80;
 
10     (19)  Special handling fee for review of articles of merger,
 
11           $200;
 
12     (20)  Special handling fee for certificates issued by the
 
13           director not otherwise covered by this part, $10 per
 
14           certificate;
 
15     (21)  Special handling fee for certification of record, $1
 
16           per page; and
 
17     (22)  Any service of notice, demand, or process upon the
 
18           director as agent for service of process of a limited
 
19           liability company or foreign limited liability company,
 
20           $50, which amount may be recovered as taxable costs by
 
21           the party to the suit or action causing such service to
 
22           be made if such party prevails in the suit or action.
 

 
 
 
 
 
Page 25                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1      All [special handling fees shall be credited to the special
 
 2 fund authorized by section 415-128.] fees collected under this
 
 3 section shall be managed in accordance with section 26-9(l)."
 
 4      SECTION 14.  Section 440G-15, Hawaii Revised Statutes, is
 
 5 amended to read as follows: 
 
 6      "§440G-15  Annual fees.(a) Each cable operator shall pay
 
 7 an annual fee to be determined by the director.  The fees so
 
 8 collected under this section shall be [used to offset the costs
 
 9 of administering this chapter.] deposited into the compliance
 
10 resolution fund established under section 26-9(o).
 
11      (b)  The director shall adjust the fees assessed under this
 
12 section, as necessary from time to time, [to ensure that the
 
13 gross proceeds collected do not surpass the annual operating
 
14 costs of the program.] pursuant to rules adopted in accordance
 
15 with chapter 91."
 
16      SECTION 15.  Section 449-14, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§449-14  Fees.  The following fees shall be paid by
 
19 licensed escrow depositories to the commissioner and, together
 
20 with any administrative penalty or other charge assessed under
 
21 this chapter, shall be deposited into the [financial institution
 
22 examiners' revolving] compliance resolution fund[:] established
 
23 pursuant to 26-9(o):
 

 
 
 
Page 26                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1      (1)  For filing and investigation of an escrow depository's
 
 2           application for license, $2,000;
 
 3      (2)  For initial issuance and annual renewal of an escrow
 
 4           depository's license, $100;
 
 5      (3)  For initial issuance and annual renewal of a branch
 
 6           office license, $50; and
 
 7      (4)  For reissuance of a license or endorsement on the
 
 8           license for the change in the business address of its
 
 9           office, $25.
 
10      An escrow depository that fails to make a payment required
 
11 by this section shall be subject to an administrative penalty of
 
12 not more than $200 per day for each day it is in violation of
 
13 this section."
 
14      SECTION 16.  All acts passed by the legislature during this
 
15 regular session of 1999, whether enacted before or after the
 
16 effective date of this Act, shall be amended to conform to this
 
17 Act unless such acts specifically provide that this Act is being
 
18 amended.
 
19      SECTION 17.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 18.  This Act shall take effect on July 1, 1999;
 
22 provided that the amendments made to sections 36-27 and 36-30 by
 
23 this Act shall not be repealed when section 36-27 and 36-30 are
 

 
 
 
Page 27                                                    1083
                                     H.B. NO.           H.D. 1
                                                        
                                                        
 1 reenacted on July 1, 2000 pursuant to section 13 of Act 216;
 
 2 Session Laws of Hawaii 1997.