REPORT TITLE:
COMPLIANCE RESOLUTION FUND


DESCRIPTION:
Establishes the Compliance Resolution Fund in the Department of
Commerce and Consumer Affairs.  Lists current funds which are to
be included in the Fund.

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


                   A  BILL  FOR  AN  ACT

RELATING TO THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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

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

 
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 1                producing the materials issued.]  In the case of
 
 2                requests for copies by a nonprofit organization,
 
 3                the director may reduce or waive the fees.  For
 
 4                purposes of this paragraph, "consumer and business
 
 5                educational publications" does not include copies
 
 6                of statutes or administrative rules.
 
 7                The fees collected by the professional and
 
 8                vocational licensing division and the business
 
 9                registration division shall be deposited into the
 
10                compliance resolution fund under subsection (o)
 
11                [and shall be used to defray administrative costs,
 
12                including personnel costs associated with these
 
13                two programs and costs incurred by supporting
 
14                offices and divisions]. The director may appoint
 
15                program specialists, not subject to chapter 76 and
 
16                77, to assist with the activities of the
 
17                professional and vocational licensing division."
 
18      SECTION 3.  Section 26-9, Hawaii Revised Statues, is amended
 
19 by amending subsection (o) to read as follows:
 
20      "(o)  Every person licensed under any chapter within the
 
21 jurisdiction of the department of commerce and consumer affairs
 
22 and every person licensed subject to chapter 485 or registered
 
23 under chapter 467B shall pay upon issuance of a license, permit,
 
24 certificate, or registration a fee and a subsequent annual fee to
 
25 be determined by the director and adjusted from time to time to
 

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

 
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 1 fees and fines collected by the department shall be deposited
 
 2 into the compliance resolution fund. Unencumbered balances
 
 3 existing on June 30, 1999 in the cable television fund, the
 
 4 division of consumer advocacy fund, the financial institution
 
 5 examiners' revolving fund, and the special handling fund, shall
 
 6 be deposited into the compliance resolution fund.  This provision
 
 7 shall not apply to the drivers education fund underwriters fee,
 
 8 insurance premium taxes and revenues, revenues of the workers
 
 9 compensation special fund, the captive insurance administrative
 
10 fund, the insurance commissioner's education and training fund,
 
11 the medical malpracitce patients' compensation fund, the
 
12 insurance examiners' revolving fund, the motor vehicle insurance
 
13 administrative fund, and fees collected for deposit in the office
 
14 of consumer protection restitution fund, the real estate
 
15 appraisers fund, the real estate recovery fund, the real estate
 
16 education fund, the contractor's recovery fund, the contractor's
 
17 education fund, the condominium management education fund and the
 
18 public broadcasting revolving fund [annual fee collected under
 
19 this subsection, section 514A-95, penalties or fines assessed as
 
20 a result of action brought by department personnel, and
 
21 penalties, fines, or reimbursement of costs or attorneys' fees
 
22 assessed as a result of actions brought for violations of
 
23 chapters 480 and 487].  Any law to the contrary notwithstanding,
 
24 the director may use the moneys in the fund to employ, without
 
25 regard to chapters 76 and 77, hearings officers, investigators,
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        
 1 attorneys, accountants, and other necessary personnel to
 
 2 implement this subsection.  [In addition,] Any law to the
 
 3 contrary not withstanding, the moneys in the fund shall be used
 
 4 to fund the operations of the department with the exception of
 
 5 costs related to the hawaii public broadcasting authority [defray
 
 6 all other administrative costs, including personnel costs of
 
 7 operating the regulated industries complaints office and costs
 
 8 incurred by supporting offices and divisions].  The moneys in the
 
 9 fund may be used to train personnel as the director deems
 
10 necessary and for any other activity related to compliance
 
11 resolution.
 
12 As used in this subsection, unless otherwise required by the
 
13 context, "compliance resolution" means a determination of
 
14 whether:
 
15      (1)  Any licensee or applicant under any chapter subject to
 
16           the jurisdiction of the department of commerce and
 
17           consumer affairs has complied with that chapter;
 
18      (2)  Any person subject to chapter 485 has complied with
 
19           that chapter;
 
20      (3)  Any person submitting any filing required by chapter
 
21           514E or section 485-6(15) has complied with chapter
 
22           514E or section 485-6(15);
 
23      (4)  Any person has complied with the prohibitions against
 
24           unfair and deceptive acts or practices in trade or
 
25           commerce; [or]
 

 
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 1      (5)  Any person subject to chapter 467B has complied with
 
 2           that chapter; or
 
 3      (6)  Work involved in or supporting the above functions,
 
 4           licensing or registration of individuals or companies
 
 5           regulated by the department, consumer protection and
 
 6           other activities of the department.
 
 7           The director shall prepare and submit an annual report
 
 8           to the governor and the legislature on the use of the
 
 9           compliance resolution fund.  The report shall describe
 
10           expenditures made from the fund including non-payroll
 
11           operating expenses.  Any law to the contrary
 
12           withstanding, the compliance resolution fund shall not
 
13           be subject to section 36-27 and section 36-30 and
 
14           moneys in the fund shall not revert to the General
 
15           Fund."
 
16      SECTION 4.  Section 36-30, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§36-30  Special fund reimbursements for departmental
 
19 administrative expenses.(a)  Each special fund, except the:
 
20      (1)  Transportation use special fund established by section
 
21           261D-1;
 
22      (2)  Special summer school and intersession fund under
 
23           section 302A-1310;
 
24      (3)  School cafeteria special funds of the department of
 
25           education;
 

 
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 1      (4)  Special funds of the University of Hawaii;
 
 2      (5)  State educational facilities improvement special fund;
 
 3      (6)  Special funds established by section 206E-6;
 
 4      (7)  Aloha Tower fund created by section 206J-17;
 
 5      (8)  Domestic violence prevention special fund under section
 
 6           321-1.3;
 
 7      (9)  Spouse and child abuse special account under section
 
 8           346-7.5;
 
 9     (10)  Spouse and child abuse special account under section
 
10           601-3.6;
 
11     (11)  Funds of the employees' retirement system created by
 
12           section 88-109;
 
13     (12)  Unemployment compensation fund established under
 
14           section 383-121;
 
15     (13)  Hawaii hurricane relief fund established under chapter
 
16           431P;
 
17     (14)  Convention center capital special fund established
 
18           under section 206X-10.5 and the convention center
 
19           operations special fund established under section 206X-
 
20           10.6;
 
21     (15)  Hawaii health systems corporation special funds; [and]
 
22     (16)  Tourism special fund established under section
 
23           [[]201B-11[];] and
 
24     (17)  Compliance resolution fund established under section
 
25           26-9; 
 

 
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 1 shall be responsible for its pro rata share of the administrative
 
 2 expenses incurred by the department responsible for the
 
 3 operations supported by the special fund concerned.
 
 4      (b)  Administrative expenses shall include:
 
 5      (1)  Salaries;
 
 6      (2)  Maintenance of buildings and grounds;
 
 7      (3)  Utilities; and
 
 8      (4)  General office expenses.
 
 9      (c)  The pro rata share of each special fund shall be that
 
10 proportion of the administrative expenses of the department,
 
11 including those paid from all special funds administered by the
 
12 department, which the expenditures of the special fund bear to
 
13 the total expenditures of the department; provided that in
 
14 determining the amount to be charged to each special fund for its
 
15 pro rata share:
 
16      (1)  Credit shall be given for any administrative expenses
 
17           paid from the special fund concerned; and
 
18      (2)  Other adjustments shall be made as necessary to achieve
 
19           an equitable apportionment.
 
20      (d)  The director of finance may determine the amount to be
 
21 charged to each special fund and may cause the amounts to be
 
22 transferred to the general fund as reimbursements.
 
23      (e)  No later than twenty days prior to the convening of
 
24 each regular session of the legislature, the director shall
 
25 report all departmental administrative expenses assessments made
 

 
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 1 during the preceding fiscal year.SECTION 5.  Section 269-33,
 
 2 Hawaii Revised Statutes, is amended by amending subsection (a) to
 
 3 read as follows:
 
 4      "(a) There is established in the state treasury a public
 
 5 utilities commission special fund to be administered by the
 
 6 public utilities commission.  The proceeds of the fund shall be
 
 7 used by the public utilities commission and the division of
 
 8 consumer advocacy of the department of commerce and consumer
 
 9 affairs for all expenses incurred in the administration of
 
10 chapters 269, 271, 271G, and 486J; provided that the expenditures
 
11 of the public utilities commission shall be in accordance with
 
12 legislative appropriations.  On a quarterly basis, an amount not
 
13 exceeding thirty per cent of the proceeds remaining in the fund
 
14 after the deduction for central service expenses, pursuant to
 
15 section 36-27, shall be allocated by the public utilities
 
16 commission to the division of consumer advocacy and deposited in
 
17 the compliance resolution fund established pursuant to section
 
18 26-9(o); provided that all moneys allocated by the public
 
19 utilities commission from the fund to the division of consumer
 
20 advocacy shall be in accordance with legislative appropriations."
 
21      SECTION 6.  Section 412:2-109, Hawaii Revised Statues is
 
22 amended to read as follows:
 
23      "§412:2-109  Financial institution examiners' revolving fund
 
24 and appointment of examiners.(a) [There is established in the
 
25 state treasury a separate fund designated as the financial
 

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

 
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 1      (3)  Any fee or tuition necessary to attend educational and
 
 2           training conferences, workshops, seminars, and any
 
 3           similar events of this nature.
 
 4      (d)  The compliance resolution fund also may be used for
 
 5 other expenses relating to examinations of financial institutions
 
 6 and administrative costs, including personnel costs of the
 
 7 division and costs incurred by supporting offices and divisions.
 
 8      (e)  All persons receiving any reimbursement or compensation
 
 9 from the [financial institution examiners' revolving] compliance
 
10 resolution fund shall submit to the commissioner for approval a
 
11 detailed account of all expenses and compensation necessarily
 
12 incurred.  Persons shall not receive or accept any additional
 
13 compensation on account of an examination.  In the case of an
 
14 examination, any reimbursement or compensation made by the fund
 
15 and approved by the commissioner shall be charged to the
 
16 financial institution being examined by the commissioner and all
 
17 receipts shall be credited to the fund.
 
18      (f)  [Before August 16, 1995, and thereafter before July 2,
 
19           1996, each financial institution subject to examination
 
20           by the commissioner shall pay a sum of $250 plus $50
 
21           for each office, agency, and branch office maintained
 
22           by the financial institution, to the commissioner to be
 
23           credited to the financial institution examiners'
 
24           revolving fund.
 

 
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 1      (g)  Before July 2, 1997, and each] Each year [thereafter]
 
 2 before July 2, each financial institution subject to examination
 
 3 by the commissioner shall pay a sum of $500 plus $100 for each
 
 4 office, agency, and branch office maintained by the financial
 
 5 institution, to the commissioner to be credited to the [financial
 
 6 institution examiners' revolving] compliance resolution fund.
 
 7 The commissioner may establish, increase, decrease, or repeal
 
 8 this fee when necessary pursuant to rules adopted in accordance
 
 9 with chapter 91."
 
10      SECTION 7.  Section 412:2-315, Hawaii Revised Statues, is
 
11 amended by amending subsection (d) to read as follows:
 
12      "(d)  The commissioner may assess and collect from all
 
13 affected Hawaii financial institutions their ratable share of the
 
14 administrative costs incurred by the division in its
 
15 administration of any emergency orders issued under this section.
 
16 Administrative costs assessed under this section shall be
 
17 deposited into the [financial institution examiners' revolving]
 
18 compliance resolution fund established under section [412:2-109]
 
19 26-9(o).  The determination of the commissioner of which Hawaii
 
20 financial institution or institutions are "affected" and the
 
21 proration method the commissioner chooses to employ in making
 
22 assessments under this section may be appealed to the circuit
 
23 court as provided in chapter 91 by any Hawaii financial
 
24 institution aggrieved thereby."
 

 
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 1      SECTION 8.  Section 412:2-611, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§412:2-611  Action to recover administrative fines; deposit
 
 4 to [revolving] compliance resolution fund. (a) If any Hawaii
 
 5 financial institution, institution-affiliated party, or other
 
 6 person fails to pay an assessment after any administrative fine
 
 7 assessed under this chapter has become final, the commissioner
 
 8 shall recover the amount assessed by action in circuit court, in
 
 9 which case the commissioner may request the court to award
 
10 reasonable attorney's fees and costs.
 
11      (b)  All administrative fines collected under authority of
 
12 this chapter shall be deposited in the [financial institution
 
13 examiners' revolving] compliance resolution fund established
 
14 under section [412:2-109] 26-9(o)."
 
15      SECTION 9.  Section 415-128, Hawaii Revised Statues, is
 
16 amended to read as follows:
 
17      "§415-128  Fees for filing documents and issuing
 
18 certificates.  The following fees shall be paid to the director
 
19 upon the filing of corporate documents:
 
20      (1)  Articles of incorporation, $100;
 
21      (2)  Articles of amendment, $50;
 
22      (3)  Restated articles of incorporation, $50;
 
23      (4)  Articles of merger or consolidation, $200;
 
24      (5)  Articles of merger (subsidiary corporation), $100;
 
25      (6)  Articles of dissolution, $50;
 

 
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 1      (7)  Annual report of domestic and foreign corporations
 
 2           organized for profit, $25;
 
 3      (8)  Any other statement, report, certificate, application,
 
 4           or other corporate document, except an annual report,
 
 5           of a domestic or foreign corporation, $50;
 
 6      (9)  Application for a certificate of authority, $100;
 
 7     (10)  Application for a certificate of withdrawal, $50;
 
 8     (11)  Reservation of corporate name, $20;
 
 9     (12)  Transfer of reservation of corporate name, $20;
 
10     (13)  Good standing certificate, $25;
 
11     (14)  Special handling fee for review of corporation
 
12           documents, excluding articles of merger or
 
13           consolidation, $50;
 
14     (15)  Special handling fee for review of articles of merger
 
15           or consolidation, $150;
 
16     (16)  Special handling fee for certificates issued by the
 
17           department, $20 per certificate; and
 
18     (17)  Special handling fee for certification of documents, $1
 
19           per page.
 
20      All [special handling fees shall be credited to the special
 
21 fund established for use by the department in expediting the
 
22 processing of documents.  At least two temporary business
 
23 registration assistant I positions shall be paid out of the
 
24 special fund] fees collected under this section shall be managed
 
25 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 10.  Section 415B-155, Hawaii Revised Statues, 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)."
 
24      SECTION 11.  Section 425-12, Hawaii Revised Statutes, is
 
25 amended to read as follows:
 

 
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 1      "§425-12  Fee for filing documents and issuing certificates.
 
 2 The following fees shall be paid to the director upon the filing
 
 3 of general partnership documents:
 
 4      (1)  Partnership registration statement, $25;
 
 5      (2)  Partnership change of name statement, $25;
 
 6      (3)  Partnership dissolution statement, $25;
 
 7      (4)  Foreign general partnership registration statement,
 
 8           $25;
 
 9      (5)  Statement of change, $25;
 
10      (6)  Application for certificate of withdrawal, $10;
 
11      (7)  Statement of correction, $25;
 
12      (8)  Reservation of name, $20;
 
13      (9)  Transfer of reservation of name, $20;
 
14     (10)  Annual statement for domestic or foreign general
 
15           partnership, $10;
 
16     (11)  Good standing certificate, $25;
 
17     (12)  Any other statement, certificate, or other document for
 
18           a domestic or foreign general partnership, $25;
 
19     (13)  Special handling fee for review of any general
 
20           partnership document, $20;
 
21     (14)  Special handling fee for certificates issued by the
 
22           director, $20 per certificate; and
 
23     (15)  Special handling fee for certification of documents, $1
 
24           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 12.  Section 425-169, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "425-169  Fee for recording.(a) The director shall collect
 
 7 the following fees for documents filed under this part:
 
 8      (1)  For each change of partnership name or statement of
 
 9           dissolution filed, a fee of $5 per partner, subject to
 
10           a maximum fee of $5,000;
 
11      (2)  For each annual statement filed, a fee of $50;
 
12      (3)  For each limited liability partnership registered, a
 
13           fee of $100 for each partner, subject to a maximum fee
 
14           of $10,000;
 
15      (4)  For each foreign limited liability partnership
 
16           registered, a fee of $1,000 if the partnership has
 
17           fewer than ten partners; $5,000 if the partnership has
 
18           ten or more but fewer than fifty partners; and $10,000
 
19           if the partnership has fifty or more partners;
 
20      (5)  For each reservation or transfer of limited liability
 
21           partnership name, a fee of $100;
 
22      (6)  For each certificate of correction or certificate of
 
23           amendment, a fee of $100;
 
24      (7)  For each certificate of good standing, a fee of $100;
 

 
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 1      (8)  For any other certificate, statement, or document, a
 
 2           fee of $100; and
 
 3      (9)  For each certification of domestic or foreign
 
 4           partnership, a fee of $100.
 
 5      (b)  The following special handling fees shall be assessed
 
 6 by the director for expeditious review of the following
 
 7 documents:
 
 8      (1)  For limited liability partnerships:  certificate of
 
 9           limited liability partnership, $100; certificate of
 
10           correction, $100; change of name statement, $100;
 
11           partnership dissolution statement, $100; annual
 
12           statement, $100; certification of limited liability
 
13           partnership, $1 a page; certificate of good standing,
 
14           $100;
 
15      (2)  For foreign limited liability partnerships:
 
16           registration statement, $100; certificate of
 
17           correction, $100; withdrawal application, $100; annual
 
18           statement, $100; certification of foreign partnership,
 
19           $1 a page; certificate of good standing, $100; and
 
20      (3)  For any other certificate or document authorized by
 
21           this part, $100.
 
22      All [special handling fees shall be credited to the special
 
23 fund authorized by section 415-128.  All other] fees collected
 
24 under this section shall be managed in accordance with section
 
25 26-9(1)."
 

 
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 1      SECTION 13.  Section 425D-1107, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§425D-1107  Fees for filing documents and issuing
 
 4 certificates.  The following fees shall be paid to the director
 
 5 upon the filing of limited partnership documents:
 
 6      (1)  Certificate of limited partnership, $50;
 
 7      (2)  Any certificate of amendment, restatement, or
 
 8           correction, $20;
 
 9      (3)  Certificate of cancellation, $20;
 
10      (4)  Annual statement for domestic or foreign limited
 
11           partnership, $10;
 
12      (5)  Any other certificate or document of domestic or
 
13           foreign limited partnership, $20;
 
14      (6)  Application for registration as a foreign limited
 
15           partnership, $100;
 
16      (7)  Any certificate of amendment or agent change for
 
17           foreign limited partnership, $20;
 
18      (8)  Application for certificate of withdrawal of foreign
 
19           limited partnership, $20;
 
20      (9)  Reservation of name, $20;
 
21     (10)  Transfer of reservation of name, $20;
 
22     (11)  Good standing certificate, $20;
 
23     (12)  Special handling fee for review of any limited
 
24           partnership document, $50;
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        
 1     (13)  Special handling fee for certificates issued by the
 
 2           director, $20 per certificate; and
 
 3     (14)  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 428-1301, Hawaii Revised Statutes is
 
 9 amended to read as follows:
 
10      "§428-1301  Fees.  The following fees shall be paid to the
 
11 director upon the filing and issuance of records under this
 
12 chapter:
 
13      (1)  Articles of organization, $100;
 
14      (2)  Articles of amendment, $50;
 
15      (3)  Restated articles of organization, $50;
 
16      (4)  Articles of merger, $200;
 
17      (5)  Statement of dissociation, $50;
 
18      (6)  Articles of termination, $50;
 
19      (7)  Application for reinstatement for administratively
 
20           terminated limited liability company, $50;
 
21      (8)  Annual report, $25;
 
22      (9)  Statement of change of designated office or agent for
 
23           service of process, or both, for limited liability
 
24           company or foreign limited liability company, $50;
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        
 1     (10)  Statement of resignation of agent for service of
 
 2           process, $50;
 
 3     (11)  Any other statement or document of a domestic or
 
 4           foreign limited liability company, $50;
 
 5     (12)  Application for certificate of authority for foreign
 
 6           limited liability company, $100;
 
 7     (13)  Application for cancellation of authority of foreign
 
 8           limited liability company, $50;
 
 9     (14)  Reservation of name, $25;
 
10     (15)  Good standing certificate, $25;
 
11     (16)  Any other record not otherwise covered in this part,
 
12           $50;
 
13     (17)  Certified copy of any record relating to a limited
 
14           liability company or foreign limited liability company,
 
15           25 cents per page, and $10 for the certificate and
 
16           affixing the seal thereto;
 
17     (18)  Special handling fee for review of any record other
 
18           than articles of merger, $80;
 
19     (19)  Special handling fee for review of articles of merger,
 
20           $200;
 
21     (20)  Special handling fee for certificates issued by the
 
22           director not otherwise covered by this part, $10 per
 
23           certificate;
 
24     (21)  Special handling fee for certification of record, $1
 
25           per page; and
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        
 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 15.  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, pursuant to rules
 
19 adopted in accordance with chapter 91 [to ensure that the gross
 
20 proceeds collected do not surpass the annual operating costs of
 
21 the program]."
 
22      SECTION 16.  Section 449-14, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 
24      "§449-14  Fees.  The following fees shall be paid by
 
25 licensed escrow depositories to the commissioner and, together
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        
 1 with any administrative penalty or other charge assessed under
 
 2 this chapter, shall be deposited into the [financial institution
 
 3 examiners' revolving] compliance resolution fund established
 
 4 pursuant to 26-9(o):
 
 5      (1)  For filing and investigation of an escrow depository's
 
 6           application for license, $2,000;
 
 7      (2)  For initial issuance and annual renewal of an escrow
 
 8           depository's license, $100;
 
 9      (3)  For initial issuance and annual renewal of a branch
 
10           office license, $50; and
 
11      (4)  For reissuance of a license or endorsement on the
 
12           license for the change in the business address of its
 
13           office, $25.
 
14      An escrow depository that fails to make a payment required
 
15 by this section shall be subject to an administrative penalty of
 
16 not more than $200 per day for each day it is in violation of
 
17 this section."
 
18      SECTION 17.  All acts passed by the legislature during
 
19 this Regular Session of 1999, whether enacted before or after the
 
20 effective date of this Act, shall be amended to conform to this
 
21 Act unless such acts specifically provide that this Act is being
 
22 amended.
 
23      SECTION 18.  Any Act passed during this Regular Session of
 
24 1999, whether enacted before or after the effective date of this
 
25 Act that creates a special or revolving fund to be administered
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        
 1 by the insurance commissioner shall not become part of the
 
 2 compliance resolution fund.
 
 3      SECTION 19.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 19.  This Act shall take effect on July 1, 1999. 
 

 
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