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.  (SB1145 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1145
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                H.D. 2
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
 
20           or value of services rendered.]  Amendments to fee
 
21           assessments shall be made pursuant to chapter 91;
 
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 1      (2)  Assess fees for copies in any form of media of the
 
 2           computerized records of the business registration
 
 3           division or for electronic access to the computerized
 
 4           information on a one-time or on going basis.  The fees
 
 5           charged for the copies or access may include billing
 
 6           service fees, network usage fees, and computer
 
 7           consultant fees.  In adopting these fees, the director
 
 8           shall take into account the intent to make the division
 
 9           self-supporting.  To this end, the fees may reflect the
 
10           commercial value of the service or information
 
11           provided.  In the case of requests for records by a
 
12           nonprofit organization, the director may reduce or
 
13           waive the fees.  This paragraph shall control in any
 
14           instance where there is a conflict between this
 
15           paragraph and any other statute; and
 
16      (3)  Assess fees for copies of consumer and business
 
17           educational publications prepared or issued by the
 
18           department.  Fees collected under this paragraph shall
 
19           be deposited into the compliance resolution fund under
 
20           subsection (o).  [The fees assessed shall bear a
 
21           reasonable relationship between the revenue derived
 
22           from the fee and the cost of producing the materials
 
23           issued.]  In the case of requests for copies by a
 

 
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 1           nonprofit organization, the director may reduce or
 
 2           waive the fees.  For purposes of this paragraph,
 
 3           "consumer and business educational publications" does
 
 4           not include copies of statutes or administrative rules.
 
 5      The fees collected by the professional and vocational
 
 6 licensing division and the business registration division shall
 
 7 be deposited into the compliance resolution fund under subsection
 
 8 (o) [and shall be used to defray administrative costs, including
 
 9 personnel costs associated with these two programs and costs
 
10 incurred by supporting offices and divisions].
 
11      The director may appoint program specialists, not subject to
 
12 chapters 76 and 77, to assist with the activities of the
 
13 professional and vocational licensing division."
 
14      3.  By amending subsection (o) to read:
 
15      "(o)  Every person licensed under any chapter within the
 
16 jurisdiction of the department of commerce and consumer affairs
 
17 and every person licensed subject to chapter 485 or registered
 
18 under chapter 467B shall pay upon issuance of a license, permit,
 
19 certificate, or registration a fee and a subsequent annual fee to
 
20 be determined by the director and adjusted from time to time to
 
21 ensure that the proceeds, together with all other fines, income,
 
22 and penalties collected under this section, do not surpass the
 
23 annual operating costs of conducting compliance resolution
 

 
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 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
 

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

 
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 1 the real estate appraisers fund, section 466K-1, the real estate
 
 2 recovery fund, section 467-16, the real estate education fund,
 
 3 section 467-19, the contractors recovery fund, section 444-26,
 
 4 the contractors education fund, section 444-29, the condominium
 
 5 management education fund, section 444-29, and the public
 
 6 broadcasting revolving fund, section 314-13.  Any law to the
 
 7 contrary notwithstanding, the director may use the moneys in the
 
 8 fund to employ, without regard to chapters 76 and 77, hearings
 
 9 officers, investigators, attorneys, accountants, and other
 
10 necessary personnel to implement this subsection.  [In addition,]
 
11 Any law to the contrary notwithstanding, the moneys in the fund
 
12 shall [defray all other administrative costs, including personnel
 
13 costs of operating the regulated industries complaints office and
 
14 costs incurred by supporting offices and divisions.] be used to
 
15 fund the operations of the department with the exception of costs
 
16 related to the Hawaii public broadcasting authority.  The moneys
 
17 in the fund may be used to train personnel as the director deems
 
18 necessary and for any other activity related to compliance
 
19 resolution.
 
20      As used in this subsection, unless otherwise required by the
 
21 context, "compliance resolution" means a determination of
 
22 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 412:2-109, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§412:2-109  [Financial] Compliance resolution fund;
 
 4 financial institution [examiners' revolving fund and appointment
 
 5 of] examiners.(a) [There is established in the state treasury a
 
 6 separate fund designated as the financial institution examiners'
 
 7 revolving fund.] Any law to the contrary notwithstanding, fees
 
 8 and fines collected by the commissioner of financial institutions
 
 9 shall be deposited into the compliance resolution fund
 
10 established pursuant to section 26-9(o).
 
11      (b)  The commissioner may appoint financial institution
 
12 examiners, not subject to chapters 76 and 77, who shall examine
 
13 the affairs, transactions, accounts, records, documents, and
 
14 assets of financial institutions.  The commissioner also may
 
15 appoint administrative support personnel, not subject to chapters
 
16 76 and 77, who shall assist and support the examiners.  The
 
17 commissioner may pay the salaries of the financial institution
 
18 examiners and administrative support personnel from the
 
19 [financial institution examiners' revolving] compliance
 
20 resolution fund.
 
21      (c)  The compliance resolution fund also may be used to
 
22 reimburse financial institution examiners and administrative
 
23 support personnel for the following expenses necessarily incurred
 

 
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 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
 

 
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 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] (g)  Each year
 
13 [thereafter] before July 2, each financial institution subject to
 
14 examination by the commissioner shall pay a sum of $500 plus $100
 
15 for each office, agency, and branch office maintained by the
 
16 financial institution, to the commissioner to be credited to the
 
17 [financial institution examiners' revolving] compliance
 
18 resolution fund.  The commissioner may establish, increase,
 
19 decrease, or repeal this fee when necessary pursuant to rules
 
20 adopted in accordance with chapter 91."
 
21      SECTION 8.  Section 412:2-315, Hawaii Revised Statutes, is
 
22 amended by amending subsection (d) to read as follows:
 

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

 
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 1      SECTION 10.  Section 415-128, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§415-128  Fees for filing documents and issuing
 
 4 certificates.  The following fees shall be paid to the director
 
 5 upon the filing of corporate documents:
 
 6      (1)  Articles of incorporation, $100;
 
 7      (2)  Articles of amendment, $50;
 
 8      (3)  Restated articles of incorporation, $50;
 
 9      (4)  Articles of merger or consolidation, $200;
 
10      (5)  Articles of merger (subsidiary corporation), $100;
 
11      (6)  Articles of dissolution, $50;
 
12      (7)  Annual report of domestic and foreign corporations
 
13           organized for profit, $25;
 
14      (8)  Any other statement, report, certificate, application,
 
15           or other corporate document, except an annual report,
 
16           of a domestic or foreign corporation, $50;
 
17      (9)  Application for a certificate of authority, $100;
 
18     (10)  Application for a certificate of withdrawal, $50;
 
19     (11)  Reservation of corporate name, $20;
 
20     (12)  Transfer of reservation of corporate name, $20;
 
21     (13)  Good standing certificate, $25;
 
22     (14)  Special handling fee for review of corporation
 
23           documents, excluding articles of merger or
 
24           consolidation, $50;
 

 
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 1     (15)  Special handling fee for review of articles of merger
 
 2           or consolidation, $150;
 
 3     (16)  Special handling fee for certificates issued by the
 
 4           department, $20 per certificate; and
 
 5     (17)  Special handling fee for certification of documents, $1
 
 6           per page.
 
 7      All [special handling fees shall be credited to the special
 
 8 fund established for use by the department in expediting the
 
 9 processing of documents.  At least two temporary business
 
10 registration assistant I positions shall be paid out of the
 
11 special fund.] fees collected under this section shall be managed
 
12 in accordance with section 26-9(l).
 
13      The director [shall] may adjust the fees assessed under this
 
14 section, as necessary from time to time, through rules adopted
 
15 under chapter 91 [to ensure that the proceeds, together with all
 
16 other receipts of the special fund under this section do not
 
17 surpass the annual operating costs of the program.  All
 
18 unexpended and unencumbered moneys remaining on balance with the
 
19 fund at the close of each fiscal year which are deemed, by the
 
20 director of finance, to be in excess of the moneys necessary to
 
21 carry out the processing of corporate documents over the next
 
22 following fiscal year shall lapse to the credit of the state
 
23 general fund]."
 

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

 
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 1     (14)  Special handling fee for review of articles of merger
 
 2           or consolidation, $150;
 
 3     (15)  Special handling fee for certificates issued by the
 
 4           department, $20 per certificate; and
 
 5     (16)  Special handling fee for certification of documents, $1
 
 6           per page.
 
 7      All [special handling fees shall be credited to a special
 
 8 fund which may be established for use by the department in
 
 9 expediting the processing of documents.  At least two temporary
 
10 business registration assistant I positions shall be paid out of
 
11 the special fund.] fees collected under this section shall be
 
12 managed in accordance with section 26-9(l)."
 
13      SECTION 12.  Section 425-12, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§425-12  Fee for filing documents and issuing certificates.
 
16 The following fees shall be paid to the director upon the filing
 
17 of general partnership documents:
 
18      (1)  Partnership registration statement, $25;
 
19      (2)  Partnership change of name statement, $25;
 
20      (3)  Partnership dissolution statement, $25;
 
21      (4)  Foreign general partnership registration statement,
 
22           $25;
 
23      (5)  Statement of change, $25;
 

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

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

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

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

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

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

 
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 1      "§449-14  Fees.  The following fees shall be paid by
 
 2 licensed escrow depositories to the commissioner and, together
 
 3 with any administrative penalty or other charge assessed under
 
 4 this chapter, shall be deposited into the [financial institution
 
 5 examiners' revolving] compliance resolution fund[:] established
 
 6 pursuant to 26-9(o):
 
 7      (1)  For filing and investigation of an escrow depository's
 
 8           application for license, $2,000;
 
 9      (2)  For initial issuance and annual renewal of an escrow
 
10           depository's license, $100;
 
11      (3)  For initial issuance and annual renewal of a branch
 
12           office license, $50; and
 
13      (4)  For reissuance of a license or endorsement on the
 
14           license for the change in the business address of its
 
15           office, $25.
 
16      An escrow depository that fails to make a payment required
 
17 by this section shall be subject to an administrative penalty of
 
18 not more than $200 per day for each day it is in violation of
 
19 this section."
 
20      SECTION 18.  Section 482-2, Hawaii Revised Statutes, is
 
21 amended by amending subsection (b) to read as follows:
 
22      "(b)  Before any person may receive a certificate of
 
23 registration of a print, label, or trademark, the person shall
 

 
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 1 file in the office of the director of commerce and consumer
 
 2 affairs an application for the registration of the print, label,
 
 3 or trademark, with a declaration, certified by the applicant,
 
 4 stating that the applicant is the sole and original proprietor or
 
 5 the assign of the proprietor of this print, label, or trademark,
 
 6 and describing the goods or manufactured articles for which the
 
 7 print, label, or trademark is used, and stating the manner in
 
 8 which the print, label, or trademark is used.  Before any person
 
 9 may receive a certificate of registration of a service mark or
 
10 trade name, the person shall file in the office of the director
 
11 an application for the registration thereof, with a declaration,
 
12 certified, as aforesaid, stating that the person is the sole and
 
13 original proprietor of the service mark or trade name, or the
 
14 assign of the proprietor and setting forth the nature of the
 
15 business in which the service mark or trade name is used.  The
 
16 application shall be accompanied by two exact copies of the
 
17 print, label, trademark, service mark, or trade name.  Upon
 
18 filing the application, the applicant shall pay to the director a
 
19 fee of $50.  A special handling fee of $20 for expediting
 
20 registration of a trade name, print, label, trademark, or service
 
21 mark shall be assessed by the department.  All special handling
 
22 fees shall be credited to the [special fund authorized by section
 
23 415-128.] compliance resolution fund established under section
 
24 26-9."
 

 
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 1      SECTION 19.  All acts passed by the legislature during this
 
 2 regular session of 1999, whether enacted before or after the
 
 3 effective date of this Act, shall be amended to conform to this
 
 4 Act unless such acts specifically provide that this Act is being
 
 5 amended.
 
 6      SECTION 20.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 21.  This Act shall take effect on July 1, 1999;
 
 9 provided that:
 
10      (1)  The amendments made to sections 36-27 and 36-30, Hawaii
 
11           Revised Statutes, by this Act shall not be repealed
 
12           when those sections are reenacted on July 1, 2000,
 
13           pursuant to section 13 of Act 216; Session Laws of
 
14           Hawaii 1997; and
 
15      (2)  The amendments made to section 36-27, Hawaii Revised
 
16           Statutes, by this Act shall not be repealed when that
 
17           section is reenacted on July 31, 2003, pursuant to
 
18           section 9 of Act 142, Session Laws of Hawaii 1998; and
 
19      (3)  The amendments made to sections 36-27 and 36-30, Hawaii
 
20           Revised Statutes, by this Act, shall not be repealed by
 
21           acts subsequent to those contained in the 1998 Session
 
22           Laws of Hawaii, unless:
 

 
 
 
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 1           (A)  Either section 36-27 or 36-30, Hawaii Revised
 
 2                Statutes, or both, are repealed in their entirety
 
 3                and are not in the same act reenacted in their
 
 4                entirety; or
 
 5           (B)  The provisions added to section 36-27 and 36-30 by
 
 6                this Act are included within brackets, signifying
 
 7                pursuant to standard drafting conventions that the
 
 8                provisions are intended to be repealed.