HOUSE OF REPRESENTATIVES

H.B. NO.

964

THIRTY-SECOND LEGISLATURE, 2023

H.D. 1

STATE OF HAWAII

S.D. 2

 

C.D. 1

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE CERTIFICATION OF DOCUMENTS.

 

 

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

 

     SECTION 1.  In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No. 300, H.D. 1, S.D. 1, C.D. 1, will cause the state general fund expenditure ceiling for fiscal year 2023‑2024 to be exceeded by $1,063,767,367 or 10 per cent.  In addition, the appropriations contained in this Act will cause the general fund expenditure ceiling for fiscal year 2023‑2024 to be further exceeded by $10,000 or 1 per cent.  The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2023‑2024 to be exceeded by $1,063,777,367 or 11 per cent.  The reasons for exceeding the general fund expenditure ceiling are that:

     (1)  The appropriation made in this Act is necessary to serve the public interest; and

     (2)  The appropriation made in this Act meets the needs addressed by this Act.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

apostilles and certifications

     §   -1  Definitions.  As used in this chapter, unless the context otherwise requires:

     "Apostille" means a certification issued to authenticate documents pursuant to the Hague Treaty.

     "Hague Treaty" refers to the convention, adopted in the Hague in 1961, that created a simplified form of document certification for countries that joined the convention.

     "Non-apostille certification" means a certification issued by the lieutenant governor to authenticate a document for a country that does not recognize the Hague Treaty.

     §   -2  Fee.  (a)  The lieutenant governor shall assess a fee of $10 for each apostille or non-apostille certification issued.

     (b)  Moneys collected for the issuance of apostilles or non-apostille certifications shall be deposited into the apostilles and certifications special fund established pursuant to section    -3.

     §   -3  Apostilles and certifications special fund; established.  (a)  There is established the apostilles and certifications special fund, which shall be administered by the office of the lieutenant governor.

     (b)  The following shall be deposited into the special fund:

     (1)  All fees assessed for the issuance of apostilles and non-apostille certifications pursuant to section    ‑2;

     (2)  Any interest earned or accrued on moneys in the special fund; and

     (3)  Moneys appropriated by the legislature.

     (c)  The office of the lieutenant governor may expend moneys in the apostilles and certifications special fund for operational expenses, including but not limited to postage and supplies."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $10,000 or so much thereof as may be necessary for fiscal year 2023-2024 to be deposited into the apostilles and certifications special fund.

     SECTION 4.  This Act shall take effect on January 1, 2024.

 

 

Report Title:

Apostilles; Certifications; Fees; Special Fund; Appropriations; Expenditure Ceiling

 

Description:

Establishes a fee of $10 for the issuance of an apostille or non-apostille certification and establishes the apostilles and certifications special fund.  Authorizes the Office of the Lieutenant Governor to expend moneys in the fund for operational expenses.  Appropriates funds into the special fund.  Effective 1/1/2024.  (CD1)

 

 

 

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