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.  (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1145
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   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
 
20           or value of services rendered.]  Amendments to fee
 

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

 
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 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
 

 
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 1 annual operating costs of conducting compliance resolution
 
 2 activities required under this section.  The fees may be
 
 3 collected biennially or pursuant to rules adopted under chapter
 
 4 91, and shall be deposited into the special fund established
 
 5 under this subsection.  Every filing pursuant to chapter 514E or
 
 6 section 485-6(15) shall be assessed, upon initial filing and at
 
 7 each renewal period in which a renewal is required, a fee that
 
 8 shall be prescribed by rules adopted under chapter 91, and that
 
 9 shall be deposited into the special fund established under this
 
10 subsection.  Any unpaid fee shall be paid by the licensed person,
 
11 upon application for renewal, restoration, reactivation, or
 
12 reinstatement of a license, and by the person responsible for the
 
13 renewal, restoration, reactivation, or reinstatement of a
 
14 license, upon the application for renewal, restoration, or
 
15 reinstatement of the license.  If the fees are not paid, the
 
16 director may deny renewal, restoration, reactivation, or
 
17 reinstatement of the license.  The director may establish,
 
18 increase, decrease, or repeal the fees when necessary pursuant to
 
19 rules adopted under chapter 91.
 
20      There is created in the state treasury a special fund to be
 
21 known as the compliance resolution fund to be expended by the
 
22 director's designated representatives as provided by this
 
23 subsection.  Notwithstanding any law to the contrary, [the moneys
 

 
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 1 in the fund shall consist of annual fees collected under this
 
 2 subsection, section 514A-95, penalties or fines assessed as a
 
 3 result of action brought by department personnel, and penalties,
 
 4 fines, or reimbursement of costs or attorneys' fees assessed as a
 
 5 result of actions brought for violations of chapters 480 and
 
 6 487.] all revenues, fees, and fines collected by the department
 
 7 shall be deposited into the compliance resolution fund.
 
 8 Unencumbered balances existing on June 30, 1999, in the cable
 
 9 television fund under chapter 440G, the division of consumer
 
10 advocacy fund under chapter 269, the financial institution
 
11 examiners' revolving fund, section 412:2-109, and the special
 
12 handling fund, section 415-128, shall be deposited into the
 
13 compliance resolution fund.  This provision shall not apply to
 
14 the drivers education fund underwriters fee, section 431:10C-115,
 
15 insurance premium taxes and revenues, revenues of the workers'
 
16 compensation special compensation fund, section 386-151, the
 
17 captive insurance administrative fund, section 431:19-101.8, the
 
18 insurance commissioner's education and training fund, section
 
19 431:2-214, the medical malpractice patients' compensation fund as
 
20 administered under section 5 of Act 232, Session Laws of Hawaii
 
21 1984, the insurance examiners' revolving fund, section 431:2-307,
 
22 the motor vehicle insurance administration revolving fund,
 
23 section 431:10C-115.5, and fees collected for deposit in the
 

 
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 1 office of consumer protection restitution fund, section 487-14,
 
 2 the real estate appraisers fund, section 466K-1, the real estate
 
 3 recovery fund, section 467-16, the real estate education fund,
 
 4 section 467-19, the contractors recovery fund, section 444-26,
 
 5 the contractors education fund, section 444-29, the condominium
 
 6 management education fund, section 444-29, and the public
 
 7 broadcasting revolving fund, section 314-13.  Any law to the
 
 8 contrary notwithstanding, the director may use the moneys in the
 
 9 fund to employ, without regard to chapters 76 and 77, hearings
 
10 officers, investigators, attorneys, accountants, and other
 
11 necessary personnel to implement this subsection.  [In addition,]
 
12 Any law to the contrary notwithstanding, the moneys in the fund
 
13 shall [defray all other administrative costs, including personnel
 
14 costs of operating the regulated industries complaints office and
 
15 costs incurred by supporting offices and divisions.] be used to
 
16 fund the operations of the department with the exception of costs
 
17 related to the Hawaii public broadcasting authority.  The moneys
 
18 in the fund may be used to train personnel as the director deems
 
19 necessary and for any other activity related to compliance
 
20 resolution.
 
21      As used in this subsection, unless otherwise required by the
 
22 context, "compliance resolution" means a determination of
 
23 whether:
 

 
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 1      (1)  Any licensee or applicant under any chapter subject to
 
 2           the jurisdiction of the department of commerce and
 
 3           consumer affairs has complied with that chapter;
 
 4      (2)  Any person subject to chapter 485 has complied with
 
 5           that chapter;
 
 6      (3)  Any person submitting any filing required by chapter
 
 7           514E or section 485-6(15) has complied with chapter
 
 8           514E or section 485-6(15);
 
 9      (4)  Any person has complied with the prohibitions against
 
10           unfair and deceptive acts or practices in trade or
 
11           commerce; or
 
12      (5)  Any person subject to chapter 467B has complied with
 
13           that chapter[.];
 
14 and includes work involved in or supporting the above functions,
 
15 licensing, or registration of individuals or companies regulated
 
16 by the department, consumer protection, and other activities of
 
17 the department.
 
18      The director shall prepare and submit an annual report to
 
19 the governor and the legislature on the use of the compliance
 
20 resolution fund.  The report shall describe expenditures made
 
21 from the fund including non-payroll operating expenses."
 
22      SECTION 2.  Section 36-27, Hawaii Revised Statutes, is
 
23 amended to read:
 

 
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 1      "�36-27  Transfers from special funds for central service
 
 2 expenses.  Except as provided in this section, and
 
 3 notwithstanding any other law to the contrary, from time to time
 
 4 the director of finance, for the purpose of defraying the
 
 5 prorated estimate of central service expenses of government in
 
 6 relation to all special funds, except the:
 
 7      (1)  Special summer school and intersession fund under
 
 8           section 302A-1310;
 
 9      (2)  School cafeteria special funds of the department of
 
10           education;
 
11      (3)  Special funds of the University of Hawaii;
 
12      (4)  State educational facilities improvement special fund;
 
13      (5)  Convention center capital special fund under section
 
14           206X-10.5 and the convention center operations special
 
15           fund under section 206X-10.6;
 
16      (6)  Special funds established by section 206E-6;
 
17      (7)  Housing loan program revenue bond special fund;
 
18      (8)  Housing project bond special fund;
 
19      (9)  Aloha Tower fund created by section 206J-17;
 
20     (10)  Domestic violence prevention special fund under section
 
21           321-1.3;
 
22     (11)  Spouse and child abuse special account under section
 
23           346-7.5;
 

 
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 1     (12)  Spouse and child abuse special account under section
 
 2           601-3.6;
 
 3     (13)  Funds of the employees' retirement system created by
 
 4           section 88-109;
 
 5     (14)  Unemployment compensation fund established under
 
 6           section 383-121;
 
 7     (15)  Hawaii hurricane relief fund established under chapter
 
 8           431P;
 
 9     (16)  Hawaii health systems corporation special funds;
 
10     (17)  Boiler and elevator safety revolving fund established
 
11           under section 397-5.5;
 
12     (18)  Tourism special fund established under section
 
13           [[]201B-11[]]; [and]
 
14     (19)  Department of commerce and consumer affairs' special
 
15           funds; and
 
16     (20)  Compliance resolution fund established under section
 
17           26-9;
 
18 shall deduct five per cent of all receipts of all other special
 
19 funds, which deduction shall be transferred to the general fund
 
20 of the State and become general realizations of the State.  All
 
21 officers of the State and other persons having power to allocate
 
22 or disburse any special funds shall cooperate with the director
 
23 in effecting these transfers.  To determine the proper revenue
 

 
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 1 base upon which the central service assessment is to be
 
 2 calculated, the director shall adopt rules pursuant to chapter 91
 
 3 for the purpose of suspending or limiting the application of the
 
 4 central service assessment of any fund.  No later than twenty
 
 5 days prior to the convening of each regular session of the
 
 6 legislature, the director shall report all central service
 
 7 assessments made during the preceding fiscal year."
 
 8      SECTION 3.  Section 36-30, Hawaii Revised Statutes is
 
 9 amended by amending subsection (a) to read:
 
10      "(a)  Each special fund, except the:
 
11      (1)  Transportation use special fund established by section
 
12           261D-1;
 
13      (2)  Special summer school and intersession fund under
 
14           section 302A-1310;
 
15      (3)  School cafeteria special funds of the department of
 
16           education;
 
17      (4)  Special funds of the University of Hawaii;
 
18      (5)  State educational facilities improvement special fund;
 
19      (6)  Special funds established by section 206E-6;
 
20      (7)  Aloha Tower fund created by section 206J-17;
 
21      (8)  Domestic violence prevention special fund under section
 
22           321-1.3;
 

 
 
 
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 1      (9)  Spouse and child abuse special account under section
 
 2           346-7.5;
 
 3     (10)  Spouse and child abuse special account under section
 
 4           601-3.6;
 
 5     (11)  Funds of the employees' retirement system created by
 
 6           section 88-109;
 
 7     (12)  Unemployment compensation fund established under
 
 8           section 383-121;
 
 9     (13)  Hawaii hurricane relief fund established under chapter
 
10           431P;
 
11     (14)  Convention center capital special fund established
 
12           under section 206X-10.5 and the convention center
 
13           operations special fund established under section 206X-
 
14           10.6;
 
15     (15)  Hawaii health systems corporation special funds; [and]
 
16     (16)  Tourism special fund established under section
 
17           [[]201B-11[]]; and
 
18     (17)  Compliance resolution fund established under section
 
19           26-9;
 
20 shall be responsible for its pro rata share of the administrative
 
21 expenses incurred by the department responsible for the
 
22 operations supported by the special fund concerned."
 

 
 
 
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 1      SECTION 4.  Section 92-24, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�92-24  Directors of finance and commerce and consumer
 
 4 affairs; fees.  The director of finance and the director of
 
 5 commerce and consumer affairs each shall charge the following
 
 6 fees:
 
 7      (1)  For administering any oath, $1;
 
 8      (2)  For preparing every photostat copy of any document on
 
 9           record in the director's office, 50 cents per page or
 
10           portion thereof;
 
11      (3)  For preparing every typewritten copy of any document on
 
12           record in the director's office, 50 cents per page or
 
13           portion thereof;
 
14      (4)  For preparing a certificate of compliance, $5 for the
 
15           original certificate, and $1 for each additional copy
 
16           thereof, of which $4 from each certificate and 75 cents
 
17           of each additional copy shall be deposited in the
 
18           [special fund referred to in section 415-128, and the
 
19           balance deposited to the general fund of the State;]
 
20           compliance resolution fund established pursuant to
 
21           section 26-9(o);
 
22      (5)  For comparing any document submitted for certification,
 
23           15 cents per page or portion thereof;
 

 
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 1      (6)  For certifying any document on record in the director's
 
 2           office, 25 cents for each certification;
 
 3      (7)  For all other acts and duties, the fees of which are
 
 4           not otherwise provided for, such charges as each may
 
 5           from time to time prescribe."
 
 6      SECTION 5.  Section 207-14, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (b) to read as follows:
 
 8      "(b)  The statement filed pursuant to this section shall be
 
 9 accompanied by a registration fee of $30.  The registration fee
 
10 shall be nonrefundable even in the event of a denial.  In
 
11 addition, foreign lenders who are currently registered pursuant
 
12 to this chapter shall pay an annual renewal fee of $30 in order
 
13 to maintain the immunities and privileges granted in this
 
14 section.  The annual renewal fee shall be due on or before
 
15 June 30, of each calendar year.  The failure to submit the annual
 
16 renewal fee as required shall result in the automatic
 
17 cancellation of any statements filed pursuant to this section but
 
18 shall not retroactively affect or impair any of the immunities
 
19 provided by this part.  In the commissioner's discretion, the
 
20 time period for filing of a renewal fee may be extended for an
 
21 additional thirty days beyond June 30 of each calendar year if
 
22 good cause exists for such an extension.  The registration fee,
 
23 annual renewal fee, and any other charge or fee assessed under
 

 
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 1 this part shall be deposited into the [financial institution
 
 2 examiners' revolving] compliance resolution fund established
 
 3 under section [412:2-109.] 26-9(o)."
 
 4      SECTION 6.  Section 269-33, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (a) to read as follows:
 
 6      "(a)  There is established in the state treasury a public
 
 7 utilities commission special fund to be administered by the
 
 8 public utilities commission.  The proceeds of the fund shall be
 
 9 used by the public utilities commission and the division of
 
10 consumer advocacy of the department of commerce and consumer
 
11 affairs for all expenses incurred in the administration of
 
12 chapters 269, 271, 271G, and 486J; provided that the expenditures
 
13 of the public utilities commission shall be in accordance with
 
14 legislative appropriations.  On a quarterly basis, an amount not
 
15 exceeding thirty per cent of the proceeds remaining in the fund
 
16 after the deduction for central service expenses, pursuant to
 
17 section 36-27, shall be allocated by the public utilities
 
18 commission to the division of consumer advocacy[;] and deposited
 
19 in the compliance resolution fund established pursuant to section
 
20 26-9(o); provided that all moneys allocated by the public
 
21 utilities commission from the fund to the division of consumer
 
22 advocacy shall be in accordance with legislative appropriations."
 

 
 
 
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 1      SECTION 7.  Section 412:2-105, Hawaii Revised Statutes, is
 
 2 amended by amending subsections (c), (d), and (e) to read as
 
 3 follows:
 
 4      "(c)  The commissioner shall bill the affected financial
 
 5 institution for examination fees and expenses as soon as feasible
 
 6 after the close of the examination or investigation.  The
 
 7 affected financial institution shall pay the division of
 
 8 financial institutions within thirty days following the billing.
 
 9 All such payments shall be deposited to the [financial
 
10 institution examiners' revolving] compliance resolution fund[.]
 
11 established pursuant to section 26-9(o).  All disputes relating
 
12 to these billings between the affected financial institution and
 
13 the commissioner shall be resolved in accordance with the
 
14 procedures for contested cases under chapter 91.
 
15      (d)  The commissioner, by rules adopted in accordance with
 
16 chapter 91, may set reasonable fee amounts to be collected by the
 
17 division in connection with its regulatory functions, including,
 
18 without limitation, any fees for renewals, applications,
 
19 licenses, and charters.  Unless otherwise provided by statute,
 
20 all such fees shall be deposited into the [financial institution
 
21 examiners' revolving] compliance resolution fund[.] established
 
22 pursuant to section 26-9(o).
 

 
 
 
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 1      (e)  A Hawaii financial institution that fails to make a
 
 2 payment required by this section shall be subject to an
 
 3 administrative fine of not more than $250 per day for each day it
 
 4 is in violation of this section, which fine, together with the
 
 5 amount due under this section, may be recovered pursuant to [the
 
 6 provisions of] section 412:2-611 and shall be deposited [to] into
 
 7 the [financial institution examiners' revolving] compliance
 
 8 resolution fund[.] established pursuant to section 26-9(o)."
 
 9      SECTION 8.  Section 412:2-109, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "�412:2-109  [Financial] Compliance resolution fund;
 
12 financial institution [examiners' revolving fund and appointment
 
13 of] examiners.(a) [There is established in the state treasury a
 
14 separate fund designated as the financial institution examiners'
 
15 revolving fund.] Any law to the contrary notwithstanding, fees
 
16 and fines collected by the commissioner of financial institutions
 
17 shall be deposited into the compliance resolution fund
 
18 established pursuant to section 26-9(o).
 
19      (b)  The commissioner may appoint financial institution
 
20 examiners, not subject to chapters 76 and 77, who shall examine
 
21 the affairs, transactions, accounts, records, documents, and
 
22 assets of financial institutions.  The commissioner also may
 
23 appoint administrative support personnel, not subject to chapters
 

 
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 1 76 and 77, who shall assist and support the examiners.  The
 
 2 commissioner may pay the salaries of the financial institution
 
 3 examiners and administrative support personnel from the
 
 4 [financial institution examiners' revolving] compliance
 
 5 resolution fund.
 
 6      (c)  The compliance resolution fund also may be used to
 
 7 reimburse financial institution examiners and administrative
 
 8 support personnel for the following expenses necessarily incurred
 
 9 on account of an examination and the education and training of
 
10 financial institution examiners and administrative support
 
11 personnel:
 
12      (1)  Actual travel expenses in amounts customary for these
 
13           expenses and approved by the commissioner;
 
14      (2)  A reasonable living expense allowance at a rate
 
15           customary for these expenses and approved by the
 
16           commissioner; and
 
17      (3)  Any fee or tuition necessary to attend educational and
 
18           training conferences, workshops, seminars, and any
 
19           similar events of this nature.
 
20      (d)  The compliance resolution fund also may be used for
 
21 other expenses relating to examinations of financial institutions
 
22 and administrative costs, including personnel costs of the
 
23 division and costs incurred by supporting offices and divisions.
 

 
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 1      (e)  All persons receiving any reimbursement or compensation
 
 2 from the [financial institution examiners' revolving] compliance
 
 3 resolution fund shall submit to the commissioner for approval a
 
 4 detailed account of all expenses and compensation necessarily
 
 5 incurred.  Persons shall not receive or accept any additional
 
 6 compensation on account of an examination.  In the case of an
 
 7 examination, any reimbursement or compensation made by the fund
 
 8 and approved by the commissioner shall be charged to the
 
 9 financial institution being examined by the commissioner and all
 
10 receipts shall be credited to the fund.
 
11      (f)  Moneys in the [financial institution examiners'
 
12 revolving] compliance resolution fund shall not revert to the
 
13 general fund.
 
14      [(g)  Before August 16, 1995, and thereafter before July 2,
 
15 1996, each financial institution subject to examination by the
 
16 commissioner shall pay a sum of $250 plus $50 for each office,
 
17 agency, and branch office maintained by the financial
 
18 institution, to the commissioner to be credited to the financial
 
19 institution examiners' revolving fund.
 
20      (h)  Before July 2, 1997, and each] (g)  Each year
 
21 [thereafter] before July 2, each financial institution subject to
 
22 examination by the commissioner shall pay a sum of $500 plus $100
 
23 for each office, agency, and branch office maintained by the
 

 
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 1 financial institution, to the commissioner to be credited to the
 
 2 [financial institution examiners' revolving] compliance
 
 3 resolution fund.  The commissioner may establish, increase,
 
 4 decrease, or repeal this fee when necessary pursuant to rules
 
 5 adopted in accordance with chapter 91."
 
 6      SECTION 9.  Section 412:2-315, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (d) to read as follows:
 
 8      "(d)  The commissioner may assess and collect from all
 
 9 affected Hawaii financial institutions their ratable share of the
 
10 administrative costs incurred by the division in its
 
11 administration of any emergency orders issued under this section.
 
12 Administrative costs assessed under this section shall be
 
13 deposited into the [financial institution examiners' revolving]
 
14 compliance resolution fund established under section [412:2-109.]
 
15 26-9(o).  The determination of the commissioner of which Hawaii
 
16 financial institution or institutions are "affected" and the
 
17 proration method the commissioner chooses to employ in making
 
18 assessments under this section may be appealed to the circuit
 
19 court as provided in chapter 91 by any Hawaii financial
 
20 institution aggrieved thereby."
 
21      SECTION 10.  Section 412:2-611, Hawaii Revised Statutes, is
 
22 amended as follows:
 

 
 
 
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 1      1.  By amending the title to read:
 
 2      "�412:2-611  Action to recover administrative fines; deposit
 
 3 to [revolving] compliance resolution fund."
 
 4      2.  By amending subsection (b) to read:
 
 5      "(b)  All administrative fines collected under authority of
 
 6 this chapter shall be deposited in the [financial institution
 
 7 examiners' revolving] compliance resolution fund established
 
 8 under section [412:2-109.] 26-9(o)."
 
 9      SECTION 11.  Section 415-128, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "�415-128  Fees for filing documents and issuing
 
12 certificates.  The following fees shall be paid to the director
 
13 upon the filing of corporate documents:
 
14      (1)  Articles of incorporation, $100;
 
15      (2)  Articles of amendment, $50;
 
16      (3)  Restated articles of incorporation, $50;
 
17      (4)  Articles of merger or consolidation, $200;
 
18      (5)  Articles of merger (subsidiary corporation), $100;
 
19      (6)  Articles of dissolution, $50;
 
20      (7)  Annual report of domestic and foreign corporations
 
21           organized for profit, $25;
 

 
 
 
 
 
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 1      (8)  Any other statement, report, certificate, application,
 
 2           or other corporate document, except an annual report,
 
 3           of a domestic or foreign corporation, $50;
 
 4      (9)  Application for a certificate of authority, $100;
 
 5     (10)  Application for a certificate of withdrawal, $50;
 
 6     (11)  Reservation of corporate name, $20;
 
 7     (12)  Transfer of reservation of corporate name, $20;
 
 8     (13)  Good standing certificate, $25;
 
 9     (14)  Special handling fee for review of corporation
 
10           documents, excluding articles of merger or
 
11           consolidation, $50;
 
12     (15)  Special handling fee for review of articles of merger
 
13           or consolidation, $150;
 
14     (16)  Special handling fee for certificates issued by the
 
15           department, $20 per certificate; and
 
16     (17)  Special handling fee for certification of documents, $1
 
17           per page.
 
18      All [special handling fees shall be credited to the special
 
19 fund established for use by the department in expediting the
 
20 processing of documents.  At least two temporary business
 
21 registration assistant I positions shall be paid out of the
 
22 special fund.] fees collected under this section shall be managed
 
23 in accordance with section 26-9(l).
 

 
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 1      The director [shall] may adjust the fees assessed under this
 
 2 section, as necessary from time to time, through rules adopted
 
 3 under chapter 91 [to ensure that the proceeds, together with all
 
 4 other receipts of the special fund under this section do not
 
 5 surpass the annual operating costs of the program.  All
 
 6 unexpended and unencumbered moneys remaining on balance with the
 
 7 fund at the close of each fiscal year which are deemed, by the
 
 8 director of finance, to be in excess of the moneys necessary to
 
 9 carry out the processing of corporate documents over the next
 
10 following fiscal year shall lapse to the credit of the state
 
11 general fund]."
 
12      SECTION 12.  Section 415B-155, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "�415B-155  Fees for filing documents and issuing
 
15 certificates.  The following fees shall be paid to the director
 
16 upon the filing of corporate documents:
 
17      (1)  Articles of incorporation, $50;
 
18      (2)  Articles of amendment, $20;
 
19      (3)  Restated articles of incorporation, $20;
 
20      (4)  Articles of merger or consolidation, $100;
 
21      (5)  Articles of dissolution, $20;
 
22      (6)  Annual report of nonprofit domestic and foreign
 
23           corporations, $5;
 

 
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 1      (7)  Any other statement, report, certificate, application,
 
 2           or other corporate document, except an annual report,
 
 3           of a nonprofit domestic or foreign corporation, $20;
 
 4      (8)  Application for a certificate of authority, $50;
 
 5      (9)  Application for a certificate of withdrawal, $20;
 
 6     (10)  Reservation of corporate name, $20;
 
 7     (11)  Transfer of reservation of corporate name, $20;
 
 8     (12)  Good standing certificate, $20;
 
 9     (13)  Special handling fee for review of corporation
 
10           documents, excluding articles of merger or
 
11           consolidation, $50;
 
12     (14)  Special handling fee for review of articles of merger
 
13           or consolidation, $150;
 
14     (15)  Special handling fee for certificates issued by the
 
15           department, $20 per certificate; and
 
16     (16)  Special handling fee for certification of documents, $1
 
17           per page.
 
18      All [special handling fees shall be credited to a special
 
19 fund which may be established for use by the department in
 
20 expediting the processing of documents.  At least two temporary
 
21 business registration assistant I positions shall be paid out of
 
22 the special fund.] fees collected under this section shall be
 
23 managed in accordance with section 26-9(l)."
 

 
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 1      SECTION 13.  Section 425-12, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�425-12  Fee for filing documents and issuing certificates.
 
 4 The following fees shall be paid to the director upon the filing
 
 5 of general partnership documents:
 
 6      (1)  Partnership registration statement, $25;
 
 7      (2)  Partnership change of name statement, $25;
 
 8      (3)  Partnership dissolution statement, $25;
 
 9      (4)  Foreign general partnership registration statement,
 
10           $25;
 
11      (5)  Statement of change, $25;
 
12      (6)  Application for certificate of withdrawal, $10;
 
13      (7)  Statement of correction, $25;
 
14      (8)  Reservation of name, $20;
 
15      (9)  Transfer of reservation of name, $20;
 
16     (10)  Annual statement for domestic or foreign general
 
17           partnership, $10;
 
18     (11)  Good standing certificate, $25;
 
19     (12)  Any other statement, certificate, or other document for
 
20           a domestic or foreign general partnership, $25;
 
21     (13)  Special handling fee for review of any general
 
22           partnership document, $20;
 

 
 
 
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 1     (14)  Special handling fee for certificates issued by the
 
 2           director, $20 per certificate; and
 
 3     (15)  Special handling fee for certification of documents, $1
 
 4           per page.
 
 5      All [special handling fees shall be credited to the special
 
 6 fund authorized by section 415-128.] fees collected under this
 
 7 section shall be managed in accordance with section 26-9(l)."
 
 8      SECTION 14.  Section 425-169, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (b) to read as follows:
 
10      "(b)  The following special handling fees shall be assessed
 
11 by the director for expeditious review of the following
 
12 documents:
 
13      (1)  For limited liability partnerships:  certificate of
 
14           limited liability partnership, $100; certificate of
 
15           correction, $100; change of name statement, $100;
 
16           partnership dissolution statement, $100; annual
 
17           statement, $100; certification of limited liability
 
18           partnership, $1 a page; certificate of good standing,
 
19           $100;
 
20      (2)  For foreign limited liability partnerships:
 
21           registration statement, $100; certificate of
 
22           correction, $100; withdrawal application, $100; annual
 

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

 
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 1      (7)  Any certificate of amendment or agent change for
 
 2           foreign limited partnership, $20;
 
 3      (8)  Application for certificate of withdrawal of foreign
 
 4           limited partnership, $20;
 
 5      (9)  Reservation of name, $20;
 
 6     (10)  Transfer of reservation of name, $20;
 
 7     (11)  Good standing certificate, $20;
 
 8     (12)  Special handling fee for review of any limited
 
 9           partnership document, $50;
 
10     (13)  Special handling fee for certificates issued by the
 
11           director, $20 per certificate; and
 
12     (14)  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 16.  Section 428-1301, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "�428-1301  Fees.  The following fees shall be paid to the
 
20 director upon the filing and issuance of records under this
 
21 chapter:
 
22      (1)  Articles of organization, $100;
 
23      (2)  Articles of amendment, $50;
 

 
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 1      (3)  Restated articles of organization, $50;
 
 2      (4)  Articles of merger, $200;
 
 3      (5)  Statement of dissociation, $50;
 
 4      (6)  Articles of termination, $50;
 
 5      (7)  Application for reinstatement for administratively
 
 6           terminated limited liability company, $50;
 
 7      (8)  Annual report, $25;
 
 8      (9)  Statement of change of designated office or agent for
 
 9           service of process, or both, for limited liability
 
10           company or foreign limited liability company, $50;
 
11     (10)  Statement of resignation of agent for service of
 
12           process, $50;
 
13     (11)  Any other statement or document of a domestic or
 
14           foreign limited liability company, $50;
 
15     (12)  Application for certificate of authority for foreign
 
16           limited liability company, $100;
 
17     (13)  Application for cancellation of authority of foreign
 
18           limited liability company, $50;
 
19     (14)  Reservation of name, $25;
 
20     (15)  Good standing certificate, $25;
 
21     (16)  Any other record not otherwise covered in this part,
 
22           $50;
 

 
 
 
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 1     (17)  Certified copy of any record relating to a limited
 
 2           liability company or foreign limited liability company,
 
 3           25 cents per page, and $10 for the certificate and
 
 4           affixing the seal thereto;
 
 5     (18)  Special handling fee for review of any record other
 
 6           than articles of merger, $80;
 
 7     (19)  Special handling fee for review of articles of merger,
 
 8           $200;
 
 9     (20)  Special handling fee for certificates issued by the
 
10           director not otherwise covered by this part, $10 per
 
11           certificate;
 
12     (21)  Special handling fee for certification of record, $1
 
13           per page; and
 
14     (22)  Any service of notice, demand, or process upon the
 
15           director as agent for service of process of a limited
 
16           liability company or foreign limited liability company,
 
17           $50, which amount may be recovered as taxable costs by
 
18           the party to the suit or action causing such service to
 
19           be made if such party prevails in the suit or action.
 
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)."
 

 
 
 
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 1      SECTION 17.  Section 440G-15, Hawaii Revised Statutes, is
 
 2 amended to read as follows: 
 
 3      "�440G-15  Annual fees.(a) Each cable operator shall pay
 
 4 an annual fee to be determined by the director.  The fees so
 
 5 collected under this section shall be [used to offset the costs
 
 6 of administering this chapter.] deposited into the compliance
 
 7 resolution fund established under section 26-9(o).
 
 8      (b)  The director shall adjust the fees assessed under this
 
 9 section, as necessary from time to time, [to ensure that the
 
10 gross proceeds collected do not surpass the annual operating
 
11 costs of the program.] pursuant to rules adopted in accordance
 
12 with chapter 91."
 
13      SECTION 18.  Section 449-14, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "�449-14  Fees.  The following fees shall be paid by
 
16 licensed escrow depositories to the commissioner and, together
 
17 with any administrative penalty or other charge assessed under
 
18 this chapter, shall be deposited into the [financial institution
 
19 examiners' revolving] compliance resolution fund[:] established
 
20 pursuant to 26-9(o):
 
21      (1)  For filing and investigation of an escrow depository's
 
22           application for license, $2,000;
 

 
 
 
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 1      (2)  For initial issuance and annual renewal of an escrow
 
 2           depository's license, $100;
 
 3      (3)  For initial issuance and annual renewal of a branch
 
 4           office license, $50; and
 
 5      (4)  For reissuance of a license or endorsement on the
 
 6           license for the change in the business address of its
 
 7           office, $25.
 
 8      An escrow depository that fails to make a payment required
 
 9 by this section shall be subject to an administrative penalty of
 
10 not more than $200 per day for each day it is in violation of
 
11 this section."
 
12      SECTION 19.  Section 482-2, Hawaii Revised Statutes, is
 
13 amended by amending subsection (b) to read as follows:
 
14      "(b)  Before any person may receive a certificate of
 
15 registration of a print, label, or trademark, the person shall
 
16 file in the office of the director of commerce and consumer
 
17 affairs an application for the registration of the print, label,
 
18 or trademark, with a declaration, certified by the applicant,
 
19 stating that the applicant is the sole and original proprietor or
 
20 the assign of the proprietor of this print, label, or trademark,
 
21 and describing the goods or manufactured articles for which the
 
22 print, label, or trademark is used, and stating the manner in
 
23 which the print, label, or trademark is used.  Before any person
 

 
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 1 may receive a certificate of registration of a service mark or
 
 2 trade name, the person shall file in the office of the director
 
 3 an application for the registration thereof, with a declaration,
 
 4 certified, as aforesaid, stating that the person is the sole and
 
 5 original proprietor of the service mark or trade name, or the
 
 6 assign of the proprietor and setting forth the nature of the
 
 7 business in which the service mark or trade name is used.  The
 
 8 application shall be accompanied by two exact copies of the
 
 9 print, label, trademark, service mark, or trade name.  Upon
 
10 filing the application, the applicant shall pay to the director a
 
11 fee of $50.  A special handling fee of $20 for expediting
 
12 registration of a trade name, print, label, trademark, or service
 
13 mark shall be assessed by the department.  All special handling
 
14 fees shall be credited to the [special fund authorized by section
 
15 415-128.] compliance resolution fund established under section
 
16 26-9(a)."
 
17      SECTION 20.  All acts passed by the legislature during this
 
18 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 21.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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 1      SECTION 22.  This Act shall take effect on July 1, 1999;
 
 2 provided that:
 
 3      (1)  The amendments made to sections 36-27 and 36-30, Hawaii
 
 4           Revised Statutes, by this Act shall not be repealed
 
 5           when those sections are reenacted on July 1, 2000,
 
 6           pursuant to section 13 of Act 216; Session Laws of
 
 7           Hawaii 1997; and
 
 8      (2)  The amendments made to section 36-27, Hawaii Revised
 
 9           Statutes, by this Act shall not be repealed when that
 
10           section is reenacted on July 31, 2003, pursuant to
 
11           section 9 of Act 142, Session Laws of Hawaii 1998; and
 
12      (3)  The amendments made to sections 36-27 and 36-30, Hawaii
 
13           Revised Statutes, by this Act, shall not be repealed by
 
14           acts subsequent to those contained in the 1998 Session
 
15           Laws of Hawaii, unless:
 
16           (A)  Either section 36-27 or 36-30, Hawaii Revised
 
17                Statutes, or both, are repealed in their entirety
 
18                and are not in the same act reenacted in their
 
19                entirety; or
 
20           (B)  The provisions added to sections 36-27 and 36-30,
 
21                Hawaii Revised Statutes, by this Act are included
 
22                within brackets, signifying pursuant to standard
 
23                drafting conventions that the provisions are
 
24                intended to be repealed.