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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SUBPOENAS ISSUED BY 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 by amending subsection (j) to read as follows:
 
 3      "(j)  In the course of an investigation of matters affecting
 
 4 the interest of consumers, depositors, or investors, or of any
 
 5 other matter within the jurisdiction of the department, the
 
 6 director or the director's designee shall have the power to
 
 7 subpoena witnesses, examine witnesses under oath, and require the
 
 8 production of books, papers, documents, or objects that the
 
 9 director or the director's designee deems relevant or material to
 
10 the inquiry.  A financial institution that is served a subpoena
 
11 under this section, section 431:2-204, or section 487-9 shall be
 
12 reimbursed for the reasonable costs directly incurred in
 
13 searching for, reproducing, or transporting books, papers,
 
14 documents, or other objects designated by the subpoena at rates
 
15 no greater than the rates provided for in section 28-2.5(d).
 
16 Upon application by the director[,] or the director's designee,
 
17 obedience to the subpoena may be enforced by the circuit court in
 
18 the county in which the person subpoenaed resides or is found in
 

 
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 1 the same manner as a subpoena issued by the clerk of a circuit
 
 2 court.
 
 3      The director shall appoint and commission one or more
 
 4 investigators as the exigencies of the public service may
 
 5 require.  Persons appointed and commissioned under this section
 
 6 may serve subpoenas and serve process and orders pursuant to
 
 7 section 634-21.  Nothing in this subsection shall be construed to
 
 8 entitle persons appointed and commissioned by the director to
 
 9 retirement benefits applicable to police officers under chapter
 
10 88."
 
11      SECTION 2.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 3.  This Act shall take effect upon its approval.
 
14 
 
15                           INTRODUCED BY:  _______________________
 

 
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